Last Updated 20/8/2019
WEBSITE TERMS AND CONDITIONS OF USE
Effective Date 01 April 2019
- theGcard International Limited (herein referred to as the “TGCI”) owns, operates, and controls this Website and the pages thereof (collectively, the “Website”) in order to provide a web portal for people, companies and other entities who wish to use the services provided by the website;
- TGCI requires all users and viewers of the Website to agree to the terms of this Agreement as a condition to accessing or using the Website;
- BY ACCESSING THIS WEBSITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT;
- IF YOU DO NOT WISH TO AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD IMMEDIATELY DISCONTINUE USING AND ACCESSING THIS WEBSITE;
- TGCI may modify this agreement at any time and from time to time in its sole discretion without notice to you;
- You should periodically review this agreement carefully in order to make sure that you are aware of the most current Terms and Conditions for the use of the website.
- Any use or viewing of the Website by you after any change to this agreement, whether or not you have reviewed the amended agreement, constitutes your acceptance of the agreement as changed;
- TGCI may discontinue the operation, maintenance, or provision of this Website, any pages thereof, and/or any related content, features, or services, or the terms thereof, at any time without notice or liability to you or any third party;
- You acknowledge and agree that TGCI and/or its service providers own all rights to this Website and the content and works of authorship displayed on the Website, including, without limitation, text, software, photos, images, and graphics (collectively, the “Site Property”);
- Unless otherwise expressly authorized, you may not copy, reproduce, retransmit, disseminate, display, publish, sell, broadcast, circulate, distribute, commercially exploit, or create derivative works from any Site Property in any form;
- You further agree not to reverse engineer or reverse compile any of the Website’s technology, including but not limited to, any software associated with the Site Property.
- You further acknowledge and agree that the Website name and logo and all related service names, design marks, and slogans, as well as other trade and service marks appearing on the Website (collectively, the “Marks”), are the property of TGCI and/or its service providers;
- You are not authorised to use such Marks without TGCI’s prior express written consent and/or the prior express written consent of the owner of the applicable Mark;
- You acknowledge that, except as expressly provided in this Agreement, TGCI has granted you no license or rights whatsoever in or to any Site Property or Marks, and the Website and/or its service providers retain all rights therein;
- You are responsible for obtaining and maintaining all telephone equipment and services, internet connection services, computer hardware and software, and other equipment necessary for you to access and use the Website;
- TGCI is not responsible or liable to you for any errors or failures resulting from defects in or malfunction of your computer or related equipment or services, nor is it responsible or liable to you for any computer virus or related problems that may be associated with the use of an online Website;
- TGCI makes no warranty, either express or implied, to you regarding your computer or related equipment, your software, or your internet service provider or its equipment, including, but not limited to, any warranty of merchantability or fitness for a particular purpose;
- You are responsible for protecting the security of any passwords you use in connection with the Website and the security and integrity of any information you download from the Website;
- TGCI takes commercially reasonable measures to protect the security of information electronically transmitted to it through the use of the Website. However, TGCI advises you to exercise caution when sending it email through the internet (or to another Website related internet email address) as such transmissions may not be secure. For example, email may be intercepted by a third party or may not be immediately received by the designated person or department;
- Please do not use email to send the Website confidential or privileged information (such as account numbers or financial information), information that may need its immediate attention;
- TGCI will not be liable to you for any losses or damages incurred as a result of the interception or unauthorised use by any third party of any information transmitted by you via unsecure email or as a result of your use of email for the transmission of, or the Website’s failure to respond to email that includes information that the Website has required you submit through another express means or medium;
- Please be aware that when you receive a message acknowledging your email, it means that your email has been routed into the internet and not that the message has been received by TGCI;
- You are welcome to contact TGCI directly by email during its published operating hours at [email protected];
- You acknowledge and agree that when you submit any information to TGCI through its Website you are submitting such information to TGCI and its participating partner companies collectively and that such information may be disclosed and transferred among these entities subject to the provisions of applicable law;
- You further agree that TGCI may disclose any information you submit if it has a right or duty to do so, if it is compelled or permitted by law to do so; if necessary to fulfil TGCI’s responsibility to administer and enforce the Act or any other statute, rule, or regulation requiring registration under such Act; as directed by you; and/or as necessary to provide you with information you have requested;
- Any information, feedback, questions, concepts, comments, suggestions, ideas, or the like which you send to TGCI by or through its Website, or at any email address TGCI has provided at its Website, will be treated as being non-confidential and non-proprietary as to you, and TGCI will be free to use the same or any information contained therein for any purpose whatsoever without paying any compensation to you, and the same shall be deemed TGCI’s property upon receipt;
- The Terms and Conditions of this Agreement also are supplemented by the Online Privacy Notice, the Terms and Conditions of which are incorporated herein by reference;
- You acknowledge and agree that TGCI may monitor and keep a record of your use of its Website;
- You agree not to use the Website for illegal purposes or for the transmission of material that is unlawful, harassing, libellous (untrue and damaging to others), invasive of another’s privacy, abusive, threatening, or obscene, or that infringes the rights of others;
- You also agree that your use of the Website is personal to you and that you will not resell or assign use of the Website or make any unauthorised commercial use of the Website;
- You agree not to use or attempt to use the Website or any part of the Website in any way or for any purpose that:
- attempts to gain unauthorised access to the Website’s network services;
- transmits any harmful or disabling computer codes or viruses;
- interferes with the Website’s network services;
- interferes with or induces a breach of any legal relationships between the Website and the participating member parties;
- dilutes or depreciates the name and reputation of the Website; or
- transmits or uploads pornographic, violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images;
- The Website reserves the right at all times and without notice to you, to deny your access to and use of the Website if, in its sole discretion, the Website determines that you have violated one or more of the Terms and Conditions of this Agreement;
- You acknowledge and agree that no registration attempted using the Website is complete and effective until all information required as a condition of that registration have been provided in full;
- Accordingly, you also acknowledge and agree that if your registration information is incomplete or is insufficient for any reason, the Website may, in its sole discretion, suspend the registration until such time as that registration information has been completed in full;
- You agree that TGCI will not be liable to you or any third party for any harm, injuries, or claims, which lawyers and courts often call direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, or other intangible losses, even if TGCI has been advised of the possibility of such damages and regardless of the form of action, whether in contract, warranty, tort (including, without limitation, negligence), strict liability or otherwise, resulting from suspension of your registration;
- Any links from the Website to any website that is not owned, operated, controlled, or maintained by TGCI (a “Third-Party Site”) are provided strictly for convenience;
- If you click a link for a Third-Party Site, you will leave TGCI’s Website and enter an external website owned, operated, controlled, and/or maintained by a third party that is solely responsible for its own contractual obligations and financial condition;
- TGCI does not control nor is it responsible for the content and/or services provided by any Third-Party Site; does not endorse or guarantee the information provided by any Third-Party Site; and is not liable for any failure of the services advertised on or provided by any Third-Party Site;
- The privacy and information sharing, and security policies and procedures of Third-Party Sites are distinct from those of the Website, and a Third-Party Site may not be as secure as the TGCI’s Website.
- Different features and services available at or through the Website, and/or different pages or sections of the Website, may be subject to separate terms and conditions in addition to the terms of this Agreement. In the event of a conflict, such separate terms and conditions will govern and control with respect to the corresponding feature, service, page, or section. If you should link to or access a separate website maintained by any of the TGCI’s participating partners, you should review and will be subject to any terms and conditions applicable to the use of that particular website.
- You expressly understand and agree that your use of the Website is at your sole risk. The Website is provided on an “as is” and “as available” basis.
- TGCI expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and noninfringement.
- The website makes no representation or warranty that:
- The website will meet your requirements;
- The website will be uninterrupted, timely, secure, or error-free;
- The results or information that may be obtained from the use of the website will be accurate, timely, complete, adequate, or reliable;
- The quality of any services, information, or other material obtained by you through the website will meet your expectations; and/or
- Any errors in the technology will be corrected.
- Any material downloaded or otherwise obtained through the use of the Website is obtained at your own discretion and risk, and TGCI is not responsible for any damage to your computer website or loss of data that results from the download of any such material, whether due to any computer virus or otherwise;
- No advice or information, whether oral or written, obtained by you from TGCI or through or from the website will create any warranty not expressly stated in these Terms and Conditions.
- You agree that TGCI will not be liable to you or any Third-Party for any harm, injuries, or claims, which lawyers and courts often call direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, even if TGCI has been advised of the possibility of such damages and regardless of the form of action, whether in contract, warranty, tort (including, without limitation, negligence), strict liability or otherwise, resulting from:
- the use of or the inability to use the Website;
- the cost of obtaining substitute services resulting from any data, information, or services obtained, or messages received, or transactions entered into, through or from the website;
- unauthorised access to or alteration of your transmissions or data;
- statements or conduct of any other person using or accessing the website; (v) any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or website failure; and/or
- any other matter relating to the Website or your use thereof;
- Except when caused by TGCI’s intentional misconduct or wantonness, you agree to indemnify, protect and fully compensate TGCI, its participating partners, and its service providers from any and all third-party claims, liability, damages, expenses, and costs (including, but not limited to, reasonable attorney’s fees) caused by or arising from your use of the Website, your violation of this agreement or your infringement of any intellectual property or other right of any person or entity;
- You acknowledge and agree that no practice or course of dealing between you and TGCI or its participating parties, nor any oral representations by any TGCI representative, which vary the terms and conditions of this Agreement shall constitute a modification or amendment of the terms and conditions of this Agreement.
- No failure by TGCI to exercise, and no delay by it in exercising, any right or remedy shall operate as a waiver thereof.
- If any provision of this Agreement or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, such provision shall be deemed automatically reformed to the extent, and only to the extent, necessary to render it valid and enforceable under applicable law;
- however, if such reformation of the provision is not reasonably possible, the provision shall be deemed severed from this Agreement with respect to the person or circumstances as to which such provision shall be invalid or unenforceable, and the remainder of this Agreement continue in full force and effect to the fullest extent permitted by law;
- This Agreement shall be governed by and construed in accordance with the laws of Thailand, without regard to any conflict of law’s provisions;
- For purposes of any action or proceeding arising out of this Agreement, you expressly submit to the jurisdiction of the Courts in Hong Kong, and agree that TGCI, in its discretion, may require that the Courts in Hong Kong be the venue for any legal proceedings arising out of or related to this Agreement.
- You waive and agree not to assert in any action, suit or proceeding that you are not personally subject to the jurisdiction of such Court, that the action, suit or proceeding is brought in an inconvenient forum or that venue of the action, suit, or proceeding is improper;
58. In the event that you should have any claim or cause of action against TGCI or one of its participating parties arising out of your use of the Website, you agree that, regardless of any statute or law to the contrary, such claim or cause of action must be initiated or filed in the Court of Hong Kong within (3) three months after accruing or be forever barred.
Last Updated: April 2019
1.1. theGcard International Ltd (“TGCI”), including our affiliates, use your personal information in order to fulfil our commitment to providing you an unparalleled experience in connection with all of our services. As part of that undertaking, we are committed to safeguarding the privacy of the personal information that we hold.
1.3. The terms “we”, “us” and “our” refer to theGcard;
1.4. The terms “you” and “your” refer to you;
- Personal Information
2.1. Personal Information that we may collect about you is directly related to an individual and the type of information includes:
2.1.1. Postal or Billing address;
2.1.2. Email address;
2.1.3. Telephone, Mobile or Fax number;
2.1.4. Payment information;
2.1.5. Identification (e.g. passport or ID card details);
2.1.6. Location being used;
2.1.7. Device being used;
2.1.8. Cookies and similar technologies;
2.1.9. Your Preferences;
- Use of Personal Information
3.1. In order to access certain features, content or functions of the services, for example, account registration, you may be asked to provide personal information such as your name, surname, phone number, date and place of birth, gender, residing address, e-mail address, work contact details, business title, nationality, passport, profile picture and other personal information.
3.2. Your information will be recorded in our systems to enable us to communicate effectively with you, process any special requests made, and keep notes regarding your service preferences.
3.3. If you are an employee of a corporate account, vendor or other type of business partner, you must provide us the details of employer and/or other relevant details to ensure that you are eligible to use the relevant services.
3.4. When you purchase products and services from us, your payment information from credit, debit or other card types, including card number, expiration date and address may be collected by us and/or third-party payment processors.
3.5. Information that you provide us directly or indirectly can be through, for example, surveys and other promotions relating to our services, interaction with customer service and signing up to receive newsletters and other services and/or third-party products or services.
3.6. Your Information helps us to provide you with a better or more personalised level of service, including information and services from a third party;
3.7. Your Personal Information may also be used to:
3.7.1. provide and charge for goods and services;
3.7.2. to make payments to you;
3.7.3. respond to your requests for information and services including services from a third party;
3.7.4. fulfil contractual obligations to you, anyone involved in the process of making your travel arrangements;
3.7.5. conduct market research, customer satisfaction and quality surveys, and direct marketing and sales promotions;
3.7.6. administer general record keeping;
3.7.7. meet legal and regulatory requirements;
3.7.8. test and evaluate new products and services;
3.7.9. send you marketing, promotional, emails, messages and other correspondence and notifications regarding the services and the services of third party we believe that may be of interest to you;
3.7.10. assist with the detection and prevention of fraud or infringement of our or and/or any third party’s rights;
3.7.11. establish and maintain a responsible commercial relationship with you and to provide ongoing service;
3.7.12. respond to your questions, complaints, or reviews of our product or services or those of other member services;
3.7.13. enable our advertisers, where appropriate, to provide you with more personalised content, and track the effectiveness of certain advertising campaigns;
3.8.1. Under applicable law including laws outside your country of residence;
3.8.2. To comply with legal process;
3.8.3. To respond to requests from public and government authorities, including public and government authorities outside your country of residence;
3.8.4. To enforce other terms and conditions;
3.8.5. To protect our operations or those of any of our affiliates;
3.8.6. To protect our rights, privacy, safety or property and/or that of our affiliates, you or others;
3.8.7. To allow us to pursue available remedies or limit damages that we may sustain.
3.9. In addition, our services may include features that rely on the use of information stored on, or made available through your mobile device. We may also ask to collect or use the specific location of your mobile device for example accessing your device GPS. If you agree to allow access to your location, you agree that we and our service provider may collect such location-based information from your device.
3.10. We may also collect other information based on your location and your device’s proximity to “beacons” and other similar proximity systems, including, for example, the strength of the signal between the “beacon” and your device and the duration that your device is near the “beacon”.
3.11. The type of location data we collect depends on a number of factors, including the type of device you are using for example laptop, smart phone, tablet and the type of connection enable on your device for example wi-fi, Bluetooth, broadband cable.
3.12. We may use third party services to provide mapping services that will request access to your location information.
3.13. If you access a service via a third-party platform account, for example, logging into a system platform, we may collect certain personal information from the third-party platform, such as your user name and other information you provided to the third-party platform in connection with your account.
3.14. You may have the ability to communicate with other users and post comments or otherwise interact with us through services that are available to the public and/or other users (e.g. posting on Facebook). We may collect any information you submit, post or provide in the course of such activities.
- Disclosure of your personal information
4.1. Your personal information may be disclosed in connection with the services that we provide.
4.2. Personal information may be shared within our company so that we can better provide services to you.
4.3. Limited personal information will be shared with third-parties involved in supplying services that have been purchased to the extent necessary for the third-party to provide the service.
4.4. Personal information may be shared with third-parties retained by us to perform functions on our behalf including data processing or storage, surveys and/or research.
4.5. We retain your personal information including preferences after you have used our services and this information will not be sold or transferred to any party not involved with your transactions with us.
4.6. We may disclose your personal information to an authorised licensee in connection with the services in connection with offerings of other related services or to our developers, or to enable an authorised licensee to market and operate the business that its licensed.
- Use of Aggregate Information
5.1. Aggregated information is the consolidation of data relating to multiple people and cannot be directly related to any one person.
5.2. We may use a variety of third party advertising networks, data exchanges, traffic measurement service providers, marketing analytics service providers and other third parties (collectively, “Third-party advertising service providers”) to, for example, serve advertisements based on our services, facilitate targeting of advertisements based on your location and aggregated data and services and platforms you have visited or used.
5.3. Such Third-party advertising service providers also enable us to, among other things, help deliver advertisements and/or other content to you for products and services that you might be interested in and to conduct research regarding the usefulness of certain advertisements to you.
5.5. Much of the personal information we process is information that you or someone acting on your behalf knowingly provides to us. However, in other instances we process personal information that we are able to infer about your based on other information you provide to us or during our interactions with you, or personal information about you that we receive from a third party. This policy also applies to the personal information about you that we receive from a third-party, unless specifically covered by such third-party’s policy.
5.6. In addition, we may receive your personal information from public databases, joint marketing partners and other third party such as a travel agent, airline, credit card, or social media platform.
- Online Usage data and technical information
6.1. The services we may use include features that automatically collect certain information, which may include the unique device identifier assigned to your device, third party platform anonymous identifiers, and other information regarding your use of the services.
6.2. This information assists us in authenticating your usage and/or device, keeping track of your preferences, creating a more tailored user experience and better serving your particular interest and needs.
6.3. The services and/or third parties may use “cookies” which are small data files containing information about you that is storage on your hard drive, “embedded script”, “pixel tags” and other similar tracking technologies (collectively, “tracking technologies”) to collect information automatically as you interest with the services.
6.4. Such information may include “clickstream” data, the domain name of the service providing you with internet access, your device type and attributes, internet protocol (IP) address, network connection type for example wi-fi, 3G, LTE, browser type and version, operating system and platform, average time spent on the services, pages viewed, content searched for, access time and other relevant statistics, and your interactions with playlists, audio visual content, other users of the services, advertising, and products, and services which are offered, linked to or made available on or through the services.
6.5. Such information may be collected by us and/or our third-party service providers and partners. Certain tracking technologies enable us to customise your experience on the services and provided tailored recommendations, promotions, advertisements and other content relating to your specific interests. Other tracking technologies are used to make login to the services easier such as by remembering your user id and allow us to collect specific location information.
- Corporate reorganization/restructuring/co-branded
7.1. We may disclose your personal information to a third party in the event of any reorganisation, restructuring and/or co-branding.
7.2. We may offer co-branded services and features, such as activities, events, initiatives, promotions and selected products, services provided by us and/or our affiliates entities or other third-party partners and that may be made available on the services and/or our co-branded partner’s platform, website or service.
- Security of use of your personal information
8.1. We understand that the security of personal information is important to you and to us, therefore, we use software that encrypt your personal information that you provide to us.
8.2. The personal information that we collect from you online is stored by us and/or our service providers on databases protected through a combination of physical and electronic access controls, firewall technology and other reasonable security measures. However, the security systems cannot prevent 100% of all loss, misuse or alteration of personal information and we are not responsible for any damages or liabilities relating to any such incidents to the fullest extent permitted by law.
8.3. If you have reason to believe that your information with us is no longer secure, please notify us immediately in accordance with the “Contact us” or to the Chief Information Officer at the address in Section 9.
- Change or update your personal information
9.1. If you would like or need to change and/or update your personal information that you have provided to us, you may contact us via:
Attention to: Chief Information Officer
Email: [email protected]
Address: Room 1203, 12/F, Tower 3, China Hong Kong City, 33 Canton Road, Tsim Sha Tsui, Kowloon, Hong Kong
- Retention of your information
10.2. We will delete personal information when it is no longer needed and/or take proper steps so that you can no longer be identified from it unless we need to keep your information to comply with legal or regulatory obligations to which we are subject to.
10.3. In any event, upon expiration of the maximum storage term set forth by applicable law.
- Use of service by children
11.1. We do not sell products and/or services to individuals under the age of 18 years,
11.2. Where the child is below the age of 21 years, such processing shall be lawful only if and to the extent that consent is given or authorised by the holder of parental responsibility over the child or is allowed by law.
- Updates to this privacy statement
12.1. We may change this privacy statement. The “LAST UPDATED” legend at the top of this page indicates when this privacy statement was last revised. Any change will become effective when we post the revised privacy statement on the Online Services. Your use of the Services following these changes means that you accept the revised privacy statement.
- Contacting us
13.1. If you have any questions about this privacy statement, please contact us at [email protected], or mailing address as set out below:
Attention of: The Chief Information Officer
Address: TheGcard International Ltd
Room 1203, 12/F, Tower 3,
China Hong Kong City, 33 Canton Road,
Tsim Sha Tsui,
Please do not include credit card or other sensitive information in your email to us for your security.