Part I– Disclaimer of the application

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS INCLUDING PART II PRIVACY POLICY STATEMENT CAREFULLY AS THEY APPLY TO YOUR USE OF MONACO ONE DEVELOPMENT APPLICATION. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT DOWNLOAD AND USE MONACO ONE DEVELOPMENT APPLICATION.

1. DEFINITIONS 

The following words have the following meanings in these Terms and Conditions:

"Affiliates" means, to any Person or entity, any other entity that, directly or indirectly, Controls, is Controlled by or is under common Control with such Person or entity. For the purposes of this definition, the term "Control" (including the terms "Controlling", "Controlled by" and "under common Control with") of a Person or entity means the possession, directly or indirectly, of the power: (i) to vote more than fifty percent (50%) of the voting interests of such Person or entity; or (ii) to direct or cause the direction of the management and policies of such Person or entity, whether through the ownership of voting interests, by contract or otherwise;

"Applicable Laws" means all or any statute, ordinance, rule, regulation, including the rules of any recognized Stock Exchange, order, decree, directive, requirement, code, notice or rule of common law, now or in the future in effect, and in each case as amended or re-enacted from time to time, and legislation supplemental to it, and any judicial or administrative interpretation of it by a Governmental Authority or otherwise, including any judicial or administrative order, determination, consent, decree or judgment of and in Hong Kong;

"Content" means all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials displayed on or available through the MONACO ONE DEVELOPMENT APP;

"Products and Services" means any products and services which may from time to time be available to be ordered, booked, requested, purchased or given away via the MONACO ONE DEVELOPMENT APP;

"Terms and Conditions" means these terms and conditions as amended from time to time and posted on MONACO ONE DEVELOPMENT APP;

"user" means any person who access the MONACO ONE DEVELOPMENT APP;

"we, our, us" means Wheelock Properties (Hong Kong) Limited;

"MONACO ONE DEVELOPMENT APP" means the MONACO ONE DEVELOPMENT APP operated by Wheelock Properties (Hong Kong) Limited;

"you, your" means users of MONACO ONE DEVELOPMENT APP.

2. SERVICES

You may be provided with certain services by us through the MONACO ONE DEVELOPMENT APP, including but not limited to the handover service, defects follow up service and notification service.

You agree that we are under no obligation to provide any of the services to you in or via the MONACO ONE DEVELOPMENT APP, and we may revise, suspend, terminate, extend or reduce the scope of services to be provided to you in or via the MONACO ONE DEVELOPMENT APP. We will not be liable or responsible in any way for any such revision, suspension, termination, extension or reduction. We are also not liable to you for the failure to provide any services in or via the MONACO ONE DEVELOPMENT APP.

3. ENTIRE AGREEMENT

These Terms and Conditions, unless otherwise provided, represent the complete agreement between you and us concerning your use of the MONACO ONE DEVELOPMENT APP.

4. COVENANTS 

You agree to use this MONACO ONE DEVELOPMENT APP for your personal, non-commercial use only and you are solely responsible for all Content whether publicly posted or privately transmitted by you in or through MONACO ONE DEVELOPMENT APP.

As a condition of your use of MONACO ONE DEVELOPMENT APP, you agree that you will not use MONACO ONE DEVELOPMENT APP for any purpose that is unlawful or prohibited by any Applicable Laws or the terms, conditions, and notices contained herein. Without limiting the generality of the foregoing, you further agree not to:

1. trespass, break into, access, use or attempt to trespass, break into, access or use any other parts of our servers, and/or any data areas for which you have not been authorized by us;
2. post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable or unreasonable Content of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or foreign law, infringe any intellectual property rights, proprietary rights or confidentiality obligations of others;
3. post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication, or engage in spamming or flooding;
4. post, publish, transmit, reproduce, distribute or in any way exploit any Content obtained through the MONACO ONE DEVELOPMENT APP for commercial purposes;
5. upload, post, publish, transmit, reproduce, or distribute in any way, any component of MONACO ONE DEVELOPMENT APP itself or any Content obtained through MONACO ONE DEVELOPMENT APP which is protected by copyright, or other proprietary right, or create derivative works with respect thereto, without our prior written permission;
6. transmit, post or upload any Content that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication equipment through MONACO ONE DEVELOPMENT APP;
7. transmit, post or upload any Content protected by intellectual property laws, rights of privacy or publicity or any other applicable laws unless you own or control the rights thereto or have received all necessary consents;
8. interfere with or disrupt networks connected to MONACO ONE DEVELOPMENT APP or violate the regulations, policies or procedures of such networks;
9. attempt to gain unauthorized access to MONACO ONE DEVELOPMENT APP, computer systems or networks connected to MONACO ONE DEVELOPMENT APP, through password mining or any other means;
10. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of MONACO ONE DEVELOPMENT APP are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
11. "stalk" or otherwise harass another; or
12. collect or store personal data about other users.

We reserve the rights from time to time, without notice, to observe and record your access to and use of MONACO ONE DEVELOPMENT APP to determine if you are complying with these Terms and Conditions.

5. MONITORING

We do not actively monitor the Content submitted, posted, transmitted or sent by users to, on or through MONACO ONE DEVELOPMENT APP or guarantee the accuracy, integrity or quality of such Content. However, we will consider complaints concerning inappropriate Content on MONACO ONE DEVELOPMENT APP, but we do not guarantee that we will take any action in respect of the same. Furthermore, we reserve the right to remove or withhold, without warning, any Content from MONACO ONE DEVELOPMENT APP or any link to any website which we consider appropriate in our sole discretion. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content submitted, posted, emailed or otherwise transmitted via MONACO ONE DEVELOPMENT APP.

6. LINKS TO THIRD PARTY WEBSITES

We may provide links to other sites or resources ("Linked Site(s)"). We have no control over the Linked Sites and we are not responsible for the Content of any Linked Site or any links contained in a Linked Site, or any changes or updates to such sites. We do not monitor the contents of the Linked Sites. We are not responsible for webcasting or any other form of transmission received from any Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the Linked Site or any association with its operator. Where a Linked Site advertises, sells or contains financial products or services information, we expressly declare that we do not endorse any such financial products or services as appearing on that Linked Site or any other web site which the Linked Site may link to. You agree that we shall not be responsible or liable for any loss or damage of any kind incurred as a result of the use of the services or the content of any Linked Site.

7. DISCLAIMERS & LIMITATION OF LIABILITY

THIS MONACO ONE DEVELOPMENT APP IS PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER WE NOR OUR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF MONACO ONE DEVELOPMENT APP OR THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE CONTENT OR PRODUCTS INCLUDED ON MONACO ONE DEVELOPMENT APP. INFORMATION PROVIDED IN MONACO ONE DEVELOPMENT APP IS FOR REFERENCE ONLY. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY REPRESENTATIONS OR WARRANTIES AS TO:

1. THE AVAILABILITY OF MONACO ONE DEVELOPMENT APP OR THAT IT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED;
2. THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY CONTENT ON MONACO ONE DEVELOPMENT APP;
3. THE MERCHANTABILITY, STANDARD OF QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY PRODUCTS AVAILABLE ON MONACO ONE DEVELOPMENT APP;
4. THE USE OR EXERCISE OF REASONABLE CARE AND SKILL IN PROVIDING OR DELIVERING ANY SERVICES ON OR THROUGH MONACO ONE DEVELOPMENT APP OR THE TIMELINESS OF SERVICES OFFERED OR PROVIDED ON MONACO ONE DEVELOPMENT APP;
5. NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS; OR
6. MONACO ONE DEVELOPMENT APP BEING FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS.

OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO MONACO ONE DEVELOPMENT APP OR OTHERWISE, IS RE-PERFORMANCE OF DEFECTIVE SERVICES IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY. OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY MATERIAL, PRODUCT OR SERVICE OFFERED THROUGH US OR MONACO ONE DEVELOPMENT APP. WE ARE NOT AND WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.

Without limiting any exclusion specifically provided for in these Terms and Conditions we shall in no event be liable for any costs, damages or liability for:

1. the standard of the Products and Services provided, including any failure or deficiency, or alleged failure or deficiency, of any Products and Services;
2. the breach, or alleged breach, of any warranty, express or implied, relating to any Products and Services;
3. any loss or damage or impairment to any such Products and Services;
4. any act or failure to act of any, shipper or other carrier, or any employee or agent thereof; or
5. any unauthorized use of MONACO ONE DEVELOPMENT APP or breach of security relating to MONACO ONE DEVELOPMENT APP.

You specifically agree that neither we nor our Affiliates shall be responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that neither our Affiliates nor we shall be responsible for the Content sent out using and/or included in MONACO ONE DEVELOPMENT APP by any third party.

The limitation of liability contained in these Terms and Conditions will apply to the fullest extent permitted by Applicable Law.

We make no representation that materials on MONACO ONE DEVELOPMENT APP are appropriate or available for use in any other jurisdictions, and accessing MONACO ONE DEVELOPMENT APP from locations where its operation are illegal is prohibited. Those who access MONACO ONE DEVELOPMENT APP from other locations do so at their own discretion and are solely responsible for compliance with their laws and rules. You confirm that you have all the requisite approvals for using the Internet and online conduct.

8. INTELLECTUAL PROPERTY

MONACO ONE DEVELOPMENT APP together with all Content made available as part of MONACO ONE DEVELOPMENT APP is our property or is licensed by us and is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Our licensors and we own copyright in the selection, co-ordination, arrangement and enhancement of such Content, as well as in the content original to it. You may not modify, publish, transmit, redistribute, participate in the transfer or sale of, create derivative works of, or in any way exploit, any of the Content, in whole or in part. You may only download such part of the Content as is expressly permitted to be downloaded from MONACO ONE DEVELOPMENT APP for the use specified and for your personal use only. You have no rights in or to the Content and you will not use the Content, except as permitted under these Terms and Conditions.

Except as otherwise expressly permitted by us and the copyright owner by written permission and/or under applicable copyright law, no modification, copying, redistribution, uploading, retransmission, publication or commercial exploitation of downloaded material will be permitted. In the event of any permitted copying, redistribution or publication of copyrighted material, you agree not to make any change to or deletion of author attribution, trademark, legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

9. INDEMNITY

You agree to indemnify and hold us and our subsidiaries, Affiliates, officers, directors, agents, and employees, harmless from and against any losses, claims, liabilities, damages, demands, costs and expenses (including all legal fees), incurred or suffered by us in connection with or arising from your breach of these Terms and Conditions and/or your use of MONACO ONE DEVELOPMENT APP or the services offered therein. We may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. No settlement that may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right to assume exclusive defence and control of any such claim or action.

10. LEGAL COMPLIANCE

You shall comply with all Applicable Laws regarding your use of MONACO ONE DEVELOPMENT APP. We recommend that you seek legal advice on your own account if you are not sure what Applicable Laws comprise.

11. TERMINATION

Without prejudice to any other rights we may have, we may terminate your use of and access to any part or all of MONACO ONE DEVELOPMENT APP or any related service(s) at any time with immediate effect without any notice and in our sole discretion for any reason, including without limitation:

1. if you breach these Terms and Conditions;
2. if we are unable to verify or authenticate any information you provide to us;
3. if we believe that your actions may give rise to liability of any nature; or
4. if we deem your action unsuitable or inappropriate.

Upon termination, you must destroy all material obtained from MONACO ONE DEVELOPMENT APP and any copies thereof. If you wish to terminate your use of part or all of MONACO ONE DEVELOPMENT APP your only recourse is to discontinue the use of MONACO ONE DEVELOPMENT APP.

12. MODIFICATIONS TO TERMS AND CONDITIONS

We reserve the right to change these Terms and Conditions or any policies regarding the use of MONACO ONE DEVELOPMENT APP at any time and to notify you by posting an updated version thereof on MONACO ONE DEVELOPMENT APP. You are responsible for regularly reviewing the Terms and Conditions and the applicable policies. Continued use of MONACO ONE DEVELOPMENT APP after any such posting amounts to your conclusive acceptance of such revised Terms and Conditions or policies. If any such revision is unacceptable to you, you must terminate use of MONACO ONE DEVELOPMENT APP immediately. We reserve the right to interpret these Terms and Conditions and decide on any questions or disputes arising under these Terms and Conditions. You agree that all such interpretations and decisions shall be final and conclusive, and binding on you as a user of MONACO ONE DEVELOPMENT APP.

13. MODIFICATIONS TO SERVICE

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, MONACO ONE DEVELOPMENT APP (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of MONACO ONE DEVELOPMENT APP or any part thereof.

14. GOVERNING LAW & JURISDICTION

MONACO ONE DEVELOPMENT APP (excluding Linked Sites) is hosted by third-party service providers. By accessing MONACO ONE DEVELOPMENT APP, you agree that any claim relating to MONACO ONE DEVELOPMENT APP shall be governed by the laws of Hong Kong without giving effect to any principles of conflicts of laws, provided that we reserve the right to pursue civil or criminal proceedings in any jurisdiction having control over you or your assets. You also agree to submit to the non-exclusive jurisdiction of the Hong Kong courts.

15. PARTIAL INVALIDITY

The illegality, invalidity or unenforceability of any provision of these Terms and Conditions under the law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdiction nor the legality, validity or enforceability of any other provision.

16. WAIVER

No waiver of any breach under these terms of use will amount to a waiver of any other breach.

17. GENERAL PROVISIONS

To assist you in understanding these Terms and Conditions, unless the context otherwise requires, these Terms and Conditions should be interpreted using the following rules:

1.  words importing one gender include the other genders;
2. words importing the singular shall include the plural and vice versa;
3. references to paragraphs, are references to paragraphs in these Terms and Conditions;
4. expressions defined in the main body of this Terms and Conditions bear the defined meaning in the whole of this Terms and Conditions;
5. a right granted or reserved may be exercised from time to time;
6. headings are for ease of reference only and shall not affect the interpretation of these Terms and Conditions;
7. any reference to a person shall include that person's successors, representatives and permitted assigns; and
8. in the event that there is any inconsistency between the English and Chinese version of these Terms and Conditions, the English version shall prevail.

Part II – Privacy Policy Statement