Terms and Conditions of Service
These Terms of Service (“Terms”) apply to the Website Appysport: https://www.appysport.com (the “Website”), which belongs to Sportfit Hong Kong Limited, incorporated in Hong Kong with registered office situated at RM 1501, 15/F PROSPERITY TOWER, 39 Queen’s Road Central, Hong Kong, with the following company number: 70242973-000-12-18-5 (“We” or “Us”).
These Terms are entered into exclusively between Us and any person (the “User” or “You”) who accesses or uses the Website or any of the services offered on the Website, and for this purpose “services” includes any Facilities (as defined below). For the purposes hereof, the User and Sportfit Limited are jointly referred to as the “Parties”.
The applicable terms and conditions are those in force on the Website on the date that You use any of the services offered on the Website. They may be amended so You are invited to regularly review any changes of them. They may be accessed from the Website at any time and prevail over any other version or any other conflicting document. You have the option of printing them so that You may refer to them at a later date.
- 1 - User related conditions
- 2 - Website contents
- 3 - Prohibited uses of the Website
- 4 - The facility booking services
- 5 – Tennis Appyhost services
- 6 – Sport, leisure and recreational facilities
- 7 - Price and payment methods
- 8 - Cancellation and refund for the User
- 9 - The access and the use of the Facility
- 10 - Adventure sports, safety, risk and insurance
- 11 - Liability disclaimer
- 12 - Intellectual property
- 13 - Miscellaneous provisions
1 - User related conditions
Conditions of use
By accessing or using the Website, including any services that facilitate the sharing of content to or from third party sites, You agree to accept the practices described in these Terms as well as Our Privacy and Cookies Policies which applies to all information submitted to Us via the Website and which may be collected during that operation under prevailing laws (the policy may be accessed on the following Internet page: https://www.appysport.com/terms (collectively referred herein as “this Agreement”). The access and the use of the Website by You means that you accept the terms of this Agreement.
As a condition of your access and use of the Website, You warrant that:
You are 18 years old or older;
You never had criminal conviction(s) either in or outside Hong Kong;
You have the legal authority and capacity to enter into this Agreement and to use the services proposed on the Website (including Appysport’s booking facilitation services) in accordance with this Agreement;
You are fully conversant in English and/or Cantonese;
All the information you supply is true, current, complete, reliable, accurate and enables Us to comply with all our obligations;
You will use the Website with normal frequency and only to make legitimate reservations for You and others for whom you are legally authorised to act;
You are not using the Website or any of the services offered on the Website as a business or even if not as a business, for any financial gain.
Access and Credentials
You are responsible for ensuring that your equipment is compatible with, and meets all specific requirements enabling You to access to the Website. You are further responsible for ensuring to have appropriate IT security in place (including antivirus software and other security controls) to satisfy your specific requirements in terms of content security and reliability.
You may access and display the Website’s contents on a computer screen, and print and copy individual pages. Additional terms and conditions may apply to certain services of, parts of, or content on the Website. Where applicable, they will be displayed on the screen or will be accessible via a link.
The access to some services proposed on the Website may require the creation of a customer account in accordance with this Agreement and pursuant to the prevailing laws on the processing of personal data. In order to create an account, You are required to sign up with Facebook or Decathlon or to complete all mandatory fields, including your email and your password (“the Credentials”).
If You choose or receive connection credentials (such as a username or password) as part of our security procedures, You must keep that information confidential and not disclose it to any other person. You unreservedly accept that your identification constitutes proof of your identity and You agree to safeguard your account information, to supervise and to be completely responsible for any use of your account by anyone other than you, including your interaction and communication with others. You must immediately notify Us of any unauthorised use or any security breach of which You become aware.
We retain the right at our sole discretion not to confirm, to suspend or to delete any Credentials and/or to prohibit use and/or access to the Website and/or to deny anyone access to the Website, at any time and for any reason, including for violation of this Agreement. In particular, any user who attempts to make a false or fraudulent reservation, whether intentionally or unintentionally, may have his or her account terminated.
2 - Website contents
2.1 - Purpose
Our goal is to promote and widen the use of sport, leisure and recreational facilities. The purpose of the Website is to permit You, for non-commercial purposes, to make online reservations of sport, leisure and recreational facilities with or without equipment rental and/or instruction (“Facility” or “Facilities”) with certain third-party companies including government or public facilities in accordance with this Agreement and prevailing laws. You accept and understand that We are not the providers of such Facilities.
We may change the Website’s format and contents from time to time. In addition, We reserve the right to add to or remove certain services, either temporarily or permanently, without being required to obtain your prior agreement. Such actions shall not, in any way, imply, suggest or constitute our approval or sponsorship of a third-party company or an affiliation between Us and a third-party company. The inclusion or the offering of any services on the Website or through the Website does not constitute any endorsement or recommendations of such services notwithstanding any notation distributed based on user reviews. The third-party companies are independent contractors and not agents or employees of Us.
We try to ensure that all information contained on the Website provided to us by third parties (other than content generated by the User) is accurate, but that information is not intended to be authoritative or constitute advice that is to be relied upon. The information may not be representative of the reality of the services. You agree that the Website is provided “as is” and on an “as available” basis, at your own risk. Before acting in reliance upon the information on the Website, please contact Us or use a relevant source of information.
2.2 - External links and Contracts with third party suppliers of Facilities
The Website may, from time to time, include content describing Facilities offered by third party Facility providers. Although the Website may allow you to book such Facilities with third parties, such content describes the Facility which will be provided to You by the Facility provider and is displayed in order to give You access to information, products or services provided by those third parties and the terms and conditions on which they will provide Facilities to You. We are not liable for the content provided by Facility providers or anything they offer and are unable to provide a guarantee that they shall remain permanently available. The fact that We include such content does not mean that We endorse the Facility provider; our relationship with them is governed by separate terms, which we use reasonable endeavours to enforce in order to ensure that they act in a professional manner in relation to bookings. Where the third party who offers Facilities needs a licence under Hong Kong law or regulations, please note that We do not hold such a licence. We do not provide any of the Facilities offered on the Website. Your contract is not with Us, it is with the third party who provides such Facilities. We act as a disclosed agent in introducing you to such third parties.
2.3 - Content published by the User
The Website may, from time to time, allow you to upload user-generated content and to communicate this content, either in selected recipients or in public areas, such as comments pages, chat rooms, message boards, and/or news groups (collectively “User Content Areas”). We do not control the material submitted to User Content Areas (collectively “User Submissions”), nor are User Content Areas actively moderated.
The term "content" means any element deposited by you on the Website, such as text, comment, image, photo, video, or any type of file, whatever its content or form. You are responsible for the content of your User Submissions as submitted by you and acknowledge that all User Submissions express the views of their respective authors, and not our views.
You are free to publish, or not, content on the Website. In this case, we would like to draw your attention to the importance to keep all User Submissions relevant to the purpose of the User Content Area and to the nature of any topic and to publish or share content that respects and conforms to the code of conduct of the sports and the values of Sportfit and affiliates and partners. If you participate in any User Content Areas, you must not submit any User Submission that:
is unlawful, threatening, abusive, libellous, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party;
contains any viruses and/or other code that has contaminating or destructive elements;
contains any form of advertising;
impersonate, or misrepresent an affiliation with any person or entity.
You are responsible for anything that may happen on your behalf and from your computer terminal, in particular in the event of content submission on the Website. You guarantee that you have all the rights and authorizations necessary to submit content on the Website, in particular under the legislation in force and the Intellectual Property Rights. In the event that you have some reason to believe that your Credentials are, or may be known, by a person not authorized to use them, you undertake to immediately notify us. The Website disclaims any responsibility for the use of personal data of a user by an unauthorized third party.
2.4 - Deletion of content
Although we do not pre-select Users’ Submissions, We reserve the right, at our sole discretion, to delete or to modify any content that You submit to Us at any time and without notifying You.
You may also send Us a request for content to be removed. Requests should be sent to Sportfit and should contain all information required to process your request. This information must enable the content that is the subject of your complaint to be identified.
We undertake to process any justified and legitimate request as quickly as possible, but cannot, however, guarantee that access to the content will be immediately withdrawn. You acknowledge that We may not be held liable in this respect, particularly in relation to the period of time required to process your request, technical restrictions or the practical impossibility of complying with your request, particularly where the Content is re-used by third parties.
3 - Prohibited uses of the Website
You must use the Website and everything available on the Website solely for legal purposes and in accordance with all applicable laws and regulations, in a responsible manner and without damaging our name or reputation or that of our affiliates, partners or others.
In particular, You agree not to:
infringe upon or violate Sportfit’s intellectual property rights or the intellectual property rights of others, or rights pertaining to privacy or containing personal data or giving rise to image rights;
“harvest” or store the Website’s contents on a server or another storage device connected to a network or create an electronic database by systematically downloading and storing the Website’s contents;
delete or modify any content of the Website or attempt to circumvent the security, or interfere with the functioning, of the website or the servers on which it is hosted;
create links to the Website from any other Website without our prior written consent, although you may refer to Us on a website that You publish provided that the link is not misleading and you accurately state its destination and the fact that We have not approved the link, your website or the products or services that You offer, and that You do not replicate Our Website’s home page or any of the services we offer and that the linked website does not contain any illegal, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent or offensive content or content that may infringe the intellectual property rights or other rights of third parties;
store, distribute or publish any content that is illegal, harmful, insulting, racist, revisionist, immoral, that incites hatred or that may constitute an invasion of privacy or an infringement of the personal rights of third parties;
submit false or misleading information;
transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
Any right granted under these Terms shall terminate in the event that any of these Terms is breached.
4 - The Facility booking services
The services provided by the Website are limited to the following:
allowing Facility providers to advertise and sell their Facilities and allowing You to search and compare Facilities and Facility providers
allowing you to make bookings with Facility providers. Our service is merely to facilitate bookings of Facilities through the Website;
taking and accepting bookings made by You, but without prejudice to Our right in Our sole discretion to decline any such request and/or cancel an accepted booking;
monitoring bookings made by You; and
managing any queries but our service is limited to liaising with the provider of the relevant Facility and we do not take responsibility for the provision of any Facilities, all in accordance with Hong Kong laws and regulations.
There are several steps to use the Facility booking services on the Website:
You choose your Facility at the time of booking;
You select a preferred reservation time. In the case of buying a bundle or package of Facilities, You may need to use a reservation system after the booking to check the available times and request a reservation; In such cases You will receive another email from Us confirming that your reservation request has been accepted (“the reservation confirmation email”)
You identify yourself by using your Credentials, your Facebook or your Google account;
You complete all the mandatory fields of the registration form with current, true, complete and accurate information, including your name and last name, your Hong Kong ID number or your passport number, your phone number, your email address and You confirm that You consent to this Agreement;
You choose your payment method and make the payment request;
You receive an email from Us with your corresponding booking information, acknowledging that your reservation has been accepted (“the purchase confirmation email”).
By booking a reservation with a third-party company using the Website, You agree that:
the Facility can only be reserved within the limits of availability and for the maximum number of people indicated on the Website;
any request for additional services not included in the reservation will be invoiced by the third-party company in addition;
We are facilitating your payment of the charges of the Facility provider as their disclosed payment agent.
The reservation will be considered definitive only after the confirmation email is sent. Unless otherwise stated in this Agreement, You may not modify, cancel or require any refund of the price of the reservation of the Facility once your reservation is definitive.
You must keep the booking information sent by email carefully because the access to the Facility may be subject to the presentation of the booking information and a valid identification document corresponding to the booking.
We will not interfere with your reservation arbitrarily but We reserve the right to take steps to verify your identity to process your reservation request and to withdraw booking facilitations services based on certain extenuating circumstances, notably if the reservation is no longer available or if we have reasonable cause to suspect that a reservation request is false or fraudulent.
5 – Tennis Appyhost services
There are several steps to become a tennis Appyhost on the Website:
You identify yourself as an Appyhost by using your Credentials, your Facebook or your Google account;
You complete all the mandatory fields of the registration form with current, true, complete and accurate information, as described in more detail above in Section 4 (Facility Booking Services);
You provide Us with the requested information including details of the Facility in your residence university or club;
You tell us how much you want to charge (note that you may only charge extra – more that your own cost of booking – if this is Permitted (as defined below));
By giving us details of a Facility, You warrant that:
You are Permitted to book the Facility at your residence university or club, to offer it to non-residents or non-members on the Website and to charge for it and you authorise Us to offer it to Appyplayers according to Our terms and conditions; “Permitted” means that You have the right to do this and it is not a breach of any of the regulations relating to your residence university or club. We do not in any way suggest or encourage you to do anything other than to fully comply with such regulations. If your residence university or club makes any objection to you offering the Facility on the Website, you must inform us immediately giving us full details and we will consult with you whether to amend or remove the listing but our decision will be final. To the maximum extent permitted by applicable law, You agree not to hold Us liable and to indemnify Us against any direct or indirect losses, liabilities, costs or expenses arising as a result of any non-compliance by You with the regulations relating to your residence university or club.
You have booked and if necessary paid for the Facility prior to giving us details of the time available;
You will provide the services of allowing the Appyplayer to contact you, giving him/her all relevant details of the Facility, meeting him/her, accompanying him/her to the Facility if necessary and giving all necessary explanations; You accept that feedback will be taken by Us on your provision of those services;
If you fail to find an Appyplayer to use the Facility, we will reimburse you the amount which you would have been paid based on the price you told us you want to charge, against proof that you have actually reserved and paid for the Facility. The amount to be refunded may vary from time to time following changes to these terms and conditions. We reserve the right to notify you that the number of refunds is limited, if we find (in our sole opinion) that an Appyhost is requesting too many refunds.
In return for us providing the Appyhost Facility to You, You will not bypass Us by allowing Appyplayers to book direct with you a second time and will insist that they book through Appyhost;
Your booking of a Facility will be definitive when you notify the available time to us and unless otherwise stated in this Agreement, You may not modify or cancel any booking of the Facility.
Please note that if we find that you are in breach of any of the warranties above and/or we get material or repeated negative feedback indicating dissatisfaction with the services you provide to Appyplayers, we may suspend or permanently remove you as an Appyhost and/or as an Appyplayer.
6 – Sport, leisure and recreational facilities
The Facility booking service offered on the Website for each particular Facility provided by third parties will specify any of the third party’s prices or rental rates, any special conditions, the location, the duration of the booking, any minimum and maximum number of persons and whether there is a late fee if the Facility is occupied beyond the booking times. The prices and terms and conditions for cancelling the reservation, in particular the minimum notice required to cancel without any expense, will be specified. The Website will also indicate whether any equipment rental and/or instruction is included by the third party or if it is additional and the language of instruction. It may also indicate suitable clothing and other items you are expected to bring with you and describe any protective equipment and whether this is available to rent.
7 - Price and payment methods
The prices of the services offered on the Website include all service fees and applicable charges in the Hong Kong Special Administrative Region. The prices are displayed on the Website in Hong Kong Dollars.
If we introduce any new or additional charges in the future, which We reserve the right to do, we will notify You by making the change in charges clear on the Website but this would not affect existing bookings made prior to the change in charges.
We may, in Our sole discretion, create promotional coupons that may be redeemed for the use of Facilities, subject to any additional terms that We establish (“Coupons”). You agree that Coupons: (i) must be used for the intended purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by Us; (iii) may be disabled by Us at any time for any reason without liability to You; (iv) may only be used pursuant to the specific terms that We establish; (v) are not valid for cash; and (vi) may expire prior to your use. We reserve the right to withhold or deduct credits or other features or benefits obtained through the use of Coupons by you or any other user in the event that We determine or believe that the use or redemption of the Coupon was in error, fraudulent, illegal, or in violation of the applicable Coupon terms or these Terms.
There are several payment methods. You can pay by credit card or debit card (VISA, Mastercard and American express) or by mobile payment (Alipay, Google pay, apple pay, Microsoft pay, Wechat pay, Visa checkout and MasterCard contactless).
If You choose to pay by card, the price of your selected services will be debited from your account once your reservation is ready to be taken into account.
Online payment transactions are put through validation systems by your card issuer. We are not liable if your card issuer refuses to authorise payment for any reason whatsoever. We draw your attention to the fact that your card issuer may charge You processing or online processing fees. We are not responsible for such fees.
We engage third-party companies and payment processors from time to time to process payments securely including Banks, PayMe (https://payme.hsbc.com.hk/), Stripe (https://stripe.com/hk), FPS and Shopify’s checkout systems (and such payment processors may be varied by us at our discretion in the future). Your bank details are forwarded to this company securely, with the result that they do not pass through the Website’s IT system at any time, and are not accessible by the Website or its employees. Please note that this third-party company processes your payment, not Us. You agree to review and be bound by its policies and procedures before making a reservation through our Website.
If you decide to store the details of your bank card on the Website so that you do not have to re-enter the information when you make a subsequent payment, We undertake to only hold a key which, in conjunction with other information, allows You to pay for the transaction, while the details of your bank card continue to be stored and processed by the third-party company.
If an anti-fraud check is carried out to ensure the security of customer transactions, We may ask You to provide one or more documents containing proof of your address and/or a copy of a valid identity card(s) by email, before your booking is confirmed. Your booking will only be final once the Website has received these documents and issued a confirmation email. In the absence of these documents or if the documents do not adequately establish your identity and address, We reserve the right to reject the booking. The Website also reserves the right to refuse a booking in the event of an ongoing payment dispute.
In order to evidence the contractual relationships We have entered into, your booking information is stored on a reliable database. In the absence of proof to the contrary, our electronic databases and those of our service providers that are kept under adequate security conditions will constitute proof of all transactions entered into between us. In any event, We recommend that You save the confirmation email.
8 - Cancellation and refunds for the User
Some Facilities do not permit cancellation, only rebooking subject to their terms and conditions. If so this will be clearly stated on the Website.
For Facilities which allow a right to cancel, Your right to cancel will be exercised without expense if You give more than the specified minimum notice to cancel before your reservation.
No refund will be made if You give less than the specified minimum notice to cancel before your reservation. In appropriate cases we will make a partial refund depending on the length of time pre-reservation and the contracts and practises of third party providers.
In order to exercising a right to cancel, You have to click on “cancel” option in the confirmation email (for tennis only). For water sports and fitness please contact us via email . You may also notify your decision to cancel this contract by sending a clear, unambiguous notification to the following address:
by post: Appysport, WeWork, 19/F, Tower 535, 535 Jaffe Rd, Causeway Bay, Hong Kong
by contacting us via email: [email protected]
If successful, You will receive an email indicating you that the cancellation is taken into account and You will be refunded (whether wholly or partially) within ten days. For payments made by bank or credit card, repayment will be made directly to the account connected to your card. Refunds for payments made via payment processors may vary as to the method of repayment.
A third-party company may cancel the reservation after you receive the confirmation email. In this event, one email will be sent to you in order to confirm that your reservation is canceled and you will be so notified within ten days.
9 - The access and the use of the Facility
The reservation of the Facility is individual to You. The provider of the Facility may verify your identity and request the presentation of a valid identification document corresponding to the one entered in the booking in order to allow You access to the Facility.You may be requested to present your reservation or confirmation emails.
The Website and the Facilities are provided to you as an individual and not as a business or, even if You are not carrying on a business, for the purpose of making any type of financial gain from booking the Facilities If We discover that you are using Website or booking the Facilities as a business or for any type of financial gain we will immediately cancel all bookings made by you without any refund and without liability to You.
10 – Risks, Facility providers’ Terms
You should be aware that certain sports and recreational activities, such as adventure sports involve risk of serious injury, sometimes fatal injuries. You should only engage in such activities if you are physically and mentally prepared.
By booking a Facility, You confirm that you understand and accept the terms and conditions of the Facility provider, including any risk warnings communicated by them and you agree to comply with any additional requirements of the Facility provider as part of their provision of the Facility. Their terms and conditions may require you to accept additional terms and conditions when you arrive at the Facility.
11 - Liability disclaimer
Whilst we use reasonable skill and care to provide the Website and the Facility booking service, to the maximum extent permitted by applicable law, We are not liable to You (whether such liability is in contract (by way of indemnity or otherwise), tort (including negligence) misrepresentation, breach of statutory duty, restitution or otherwise) for:
1. any theft or loss of your or any other person's property in connection with the Booking Services or any booking accepted by Sportfit Hong Kong Limited.
2. any booking that has not been accepted
3. any losses that could not reasonably be expected to result from Our negligence or breach of these Terms
4. any loss, damage, costs, expenses or liability that You may suffer in connection with Your use of the Website or the Facilities, save to the extent that we are found to have failed to perform Our obligations to you to the standard of a diligent and professional provider of the Website
5. If We are liable to you in connection with Your use of the Website or the Facilities, Our liability will be limited to a sum of HK$2,500 in aggregate.
Nothing in these Terms will limit or exclude Our liability to you for personal injury or death caused directly by Our negligence.
If in breach of these Terms you are in fact a business or a person making a financial gain but not carrying on a business, We are not liable to You (whether such liability is in contract (by way of indemnity or otherwise), tort (including negligence) misrepresentation, breach of statutory duty, restitution or otherwise) for:
1. any loss relating to your business or the business of your employer or any other person; or
2. any loss of profits, loss of revenue, loss of opportunity, loss of business or employment (whether or not such loss could be reasonably expected to flow from our negligence or breach of these Terms)
To the maximum extent permitted by applicable law, You agree not to hold Us liable and to indemnify Us and our officers, directors, employees and agents against any direct or indirect losses, liabilities, costs or expenses (including legal fees) arising as a result of: (a) your use of the Website or any of the services on the Website; (b) your breach of these Terms; (c) Our use of any of the content of your User Submissions; and (d) any claims by third parties concerning content posted in your name, in particular in relation to a breach of ownership rights, defamatory, injurious or libellous material or press offences in relation to elements uploaded to or published on the Website; any activity on the Website contrary to this Agreement, including with fraudulent intent; and/or any breach of this Agreement.
As a user of the Website, You understand and agree that We will not have any liability to You and others for any unauthorised transactions made using your personal information such as your password or account. The unauthorised use of your personal information could cause you to incur liability to Sportfit, its corporate affiliates and/or others. In addition, We cannot be liable for any information consulted on the Website which is not published by Us and any use of a user’s personal data by an unauthorised third party.
You are deemed to be aware of and to have accepted the characteristics and limitations of Internet technologies, particularly the response times when browsing or querying the server on which the Website is hosted, technical performance, the risks of service interruptions and, generally, the transmission of data. We are unable to guarantee that the access to the Website will be continuous, uninterrupted or error-free. There may be times (whether scheduled or not) at which certain features, parts or content of the Website are unavailable or are modified, suspended or withdrawn by Us, at our sole discretion, without notifying You. You agree that We shall not be liable to You or any third party as a result of the unavailability, modification, suspension or withdrawal of the Website, or of any feature, part or content on the Website.
In addition, We are unable to guarantee that the Website’s contents are free from viruses and/or other codes that may have contaminating or destructive properties. By using the Website, You agree that We cannot be liable for any loss of data; any software malfunction; the consequences of any computer virus, bug, problem or fault; and/or any damage caused to a User’s computer.
We are also unable to guarantee the accuracy, proprietary character, completeness, reliability, quality, interest or originality of any content available by and through the services proposed on the Website. We disclaim all liability for any errors or other inaccuracies relating to the information and the description of the Facilities, experiences and services proposed by the third-party companies. We expressly reserve the right to correct any availability and pricing errors on the services and/or on pending reservations made under incorrect prices.
We are further unable to guarantee that any content of the Website, to the extent permitted by law, provides any implicit guarantee. Any condition of this type is therefore excluded from these terms and We accept no liability for any loss or damage of any nature whatsoever resulting from your or any other person’s use of the Website or from reliance on any of its content.
We have no liability and We will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure, or other causes beyond our direct control. We have also no responsibility for any additional expense, omissions, delays, re-routing, or acts of any government or authority.
Finally, to the maximum extent permitted by applicable law, We will have no liability with respect to the acts, omissions, errors, negligence, breaches, warranties, representations of any third-party company or for any personal death, injuries, property damage or other damages or expenses resulting from or in connection with your interactions and communications with you or a third-party.
12 - Intellectual property
The Website’s general structure and all contents published by the Website (including text, graphics, software, photographs and other images, videos, sounds, trademarks and logos) constitute our exclusive property or that of our licensors, which may be companies in Sportfit and/or its partners. They are protected by intellectual property rights, in particular copyright and ancillary rights relating to trademarks, designs and models, domain names, patents, know-how, software and databases.
In respect to the Website’s contents, We grant You a non-exclusive and revocable licence limiting to accessing, browsing and using the Website, without the right to grant sub-licences. This licence does not grant You any rights over any Intellectual property belonging to Us or to our licensors. You acknowledge that You do not obtain any ownership right by downloading content from the Website, in particular any right to commercially exploit the Website’s contents.
Any representation and/or reproduction and/or partial or total exploitation of the services offered by the Website or the Website itself, in any manner whatsoever, is strictly prohibited without our prior written consent and/or our partners. If You print, copy or store pages from the Website (uniquely in accordance with the terms of this Agreement), You must ensure that all copyright, trademark or other intellectual property right notices in the original content are reproduced.
In relation to the content that you may publish on the Website, you agree that, by submitting it to the area for receiving content, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive and royalty-free right and licence to use, reproduce, represent, upload, execute, transmit, store, modify, adapt, publish, translate, create derivative works, distribute, sub-license (in particular to our subsidiaries, technical partners and other Users of the Website) and display the content (in whole or in part) that You have sent to Us and/or incorporate it in other works in any form whatsoever, or in other media or technologies. You also agree to it being used by Sportfit Limited and/or affiliates and/or partners in certain marketing communications, being associated with your name, although the association may not always be made, being transmitted to third parties for the purpose of service reviews, being automatically made public and freely accessible, in particular on the Internet and other websites and/or blogs and/or web pages of the Sportfit Limited and/or affiliates, including the social network pages of Sportfit Limited and/or affiliates websites where Users may share content.
13 - Miscellaneous provisions
These Terms comprise the entire agreement between You and Us. They may not be amended without our written explicit consent. If we choose not to enforce any of the clauses of these terms at any time, We shall not be deemed to have waived our right to subsequently rely on those clauses. In these Terms, the words “including” and “include” mean “including, but not limited to”.
Should any provision of these Terms be held to be invalid or unenforceable, in whole or in part, pursuant to a law or regulation or following a final judicial or administrative decision, the other provisions hereof shall remain in full force and effect. We will replace the provision at issue with a valid provision that has a scope similar to the spirit of these terms.
Any comments and any notices that you send us on this Agreement must be sent in writing to the address stated at the end of this Agreement. We may contact you either via email or by using the postal address that you gave us when you book your reservation. You may not transfer or assign any of your rights or obligations under any agreement. We may assign or transfere this Agreement to (i) a subsidiary or affiliate; or (ii) an acquirer of Our equity, business or assets. No joint venture, partnership, employment or agency relationship exists between You, Us or any Facility provider as a result of the contract between You and Us or use of the Website or any of the services on the Website.
The present contract is concluded in English and the English version prevails.
These Terms and services offered on the Website and all non contractual obligations arising in any way out of the Website or the Facilities shall be governed by the Hong Kong law. Any dispute that is not resolved amicably will be referred to the exclusive jurisdiction of the competent Hong Kong local courts, even in the event of multiple defendants and/or if a third party is joined to the proceedings, even for urgent proceedings or protective proceedings brought on an urgent application or an ex parte application.
PRIVACY AND COOKIES POLICIES
These Privacy and Cookies Policies govern the relationship between the User (“You”) and Sportfit Hong Kong Limited, incorporated in Hong Kong with registered office situated at RM 1501, 15/F PROSPERITY TOWER, 39 Queen’s road central, Hong Kong, with the following company number: 70242973-000-12-18-5 (“We” or “Us”) as a supplement to the Terms: https://www.appysport.com, acceptance of which You hereby acknowledge.
By using our Website, You acknowledge that you have read and understood these Privacy and Cookies Policies. You also explicitly agree that your data (“Data”), including personal data such as your name, location data, phone number, email address and identification number (HKID or passport), is being collected, used and disclosed on the conditions set out herein, pursuant to the Hong Kong Personal Data Privacy Ordinance on the processing of data.
The applicable terms and conditions are those in force on the Website Appysport: https://www.appysport.com (the “Website”) on the date that You visit the Website. They may be amended so You are invited to regularly review any changes of them. They may be accessed from the Website at any time and prevail over any other version or any other conflicting document. You have the option of printing them so that You may refer to them at a later date.
1. Data Collection
Who collects your data?
Your Data is collected via the Website by Sportfit Hong Kong Limited, in its capacity as data controller.
How is your data used?
Your Data is processed in order to facilitate your access to the contents published on our Website, to facilitate your booking and your access to the Facilities, to communicate with you, to respond to your questions and comments, for your registration and to manage your user account, to prevent potentially prohibited or illegal activities and to enforce our Terms.
Your Data may also be used by Us and affiliated companies for the purposes of statistical analysis, to monitor the quality of our service and, subject to your prior agreement, for commercial marketing purposes.
How is your data protected?
We take all necessary precautions to protect the security of your Data. This includes preventing it from being disclosed to unauthorised third parties. In this regard, We take all necessary measures to ensure the security of our IT systems. In the event that your data is transferred to processors (notably for hosting purposes), We shall ensure that their levels of security meet the requisite standards and We use encryption when we transmit your personal information.
Is your data transferred outside Hong Kong?
Your data may, particularly where some of the data processing is outsourced, be transferred outside Hong Kong. In that event, Sportfit Hong Kong Limited shall ensure that the transfer complies with the legal framework: it shall be transferred only to countries with an adequate level of protection, measures to safeguard your personal information in accordance with these Privacy and Cookies Policies shall be implemented at all times, the contractual clauses issued by the European Commission shall be signed or, for transfers to the United States, service providers’ adherence to the Privacy Shield framework shall be verified.
What are your rights?
Although it may be needed to benefit from some features offered on our Website, You can choose not to provide us with your personal information as well as to close your account.
Under the Personal Data Privacy Ordinance, you have a right to request access to information we hold about you and to rectify, add, update, block and erase your personal data by sending a Letter to Sportfit Hong Kong Limited, RM 1501, 15/F PROSPERITY TOWER, 39 Queen’s road central, Hong Kong ; or by sending an email to this email address: [email protected] Please include a copy of your proof of identity.
Please note that we may retain certain data in our archives including for analytical purposes, for recordkeeping integrity, to meet our legal obligations and to exercise, defend or establish legal rights. Please note that We will not retain your personal information for longer than is necessary for our business purposes or for legal requirements.
We warrant that your data shall not be used for marketing purposes without your prior consent. If You agree to be contacted in connection with marketing operations, We warrant that You have the right to object thereto at a later time.
Besides, please note that We do not offer services directed to children. Should an individual whom we know to be a child under age 13 send personal information to us, we will delete or destroy such information as soon as reasonably possible.
With whom do we share your data?
Companies within our corporate family
We may share your personal information with our parent companies, corporate affiliate companies and websites (including https://www.decathlon.com.hk/en/). This sharing enables us to provide you with information about products and services which might interest you in accordance with your marketing preferences.
We may share some information to some some third-party companies which provide services or functions on our behalf, including business analytics, payment processing, customer service, marketing, public relations, distribution of surveys or sweepstakes programs, and fraud prevention.
For instance, if you make a booking by our Website, the data may be securely transmit to a third-party company named Stripes in order to process payments and to complete the transaction. We engage this third-party company in order to guarantee the security of the payments. Your bank details are forwarded to this company using the Secure Socket Layer (SSL) protocol, with the result that they do not pass through the Website’s IT system at any time, and are not accessible by the Website or its employees. You agree to review and be bound by this company’s policies and procedures (https://stripe.com/hk) before making a reservation through our Website.
We may also share certain data related to your booking to Facilities’ owners, including your first name, last name, identification number (HKID or passport number first digits), e-mail address, phone number, date and time of reservation. The information will be used to facilitate the booking and to access the Facilities.
Sportfit Hong Kong Limited may use plug-ins from Facebook, the social network operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA. If You access to a page on our Website that contains a plug-in, your browser will establish a direct link to Facebook’s servers. The plug-in content will then be sent directly to your browser by Facebook and included on the relevant web page.
Facebook will be notified that your browser has accessed to the corresponding page of our Website, even if You do not have a Facebook account or if You are not logged in to your Facebook account. Your IP address will be sent directly by your browser to a Facebook server in the USA and registered on that server.
If You are logged in to Facebook when You browse our website, Facebook may directly link your visit to our Website to your Facebook account. For instance, if You click ‘Like’ or leave a comment on Facebook regarding our website using a plug-in, the corresponding information will be sent to a Facebook server, recorded on it and published on your Facebook account. Facebook may use such information for advertising and market research purposes, and adapt its pages accordingly. Facebook may therefore create user profiles, including information about users’ interests and relationships, to determine how users react after having seen an advert on Facebook, inform other Facebook users about the activity of our website and offer other services linked to Facebook.
For more information about the amount of data collected by Facebook and the purpose for which it is collected, processed and used by Facebook, as well as about your rights and how You can configure your computer to protect your privacy, please refer to Facebook’s policy on data protection, which is available by clicking this link Facebook’s data policy.
Our Website may, from time to time, include links to external websites in order to provide You with access to information, products or services that you may find useful or interesting. The operators of those external websites may collect information from you which will be used by them in accordance with their privacy and cookies policies which may differ from our Privacy and Cookies Policies.
2. Recording data by means of cookies
What is a cookie?
Which cookies does our Website use?
Session ID cookies which recognise your browser as a previous visitor and save any preferences that may have been set;
Cookies that record the User’s language with the objective to improve the browsing experience;
Flash cookies containing the information needed for a media player (audio or video) to work, corresponding to the content requested by the user.
You can choose how these cookies are to be handled by following the instructions in the next section. If You refuse to accept the cookies that We use to identify the products, services and web pages You consult, the content displayed in your Internet browser will not be personalised.
Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf, notably the website’s operator. Google will not associate your IP address with any other data held by Google.
How can You choose to accept or block cookies on your computer?
You may choose to manage cookies in several ways. You may change your choice at any time by referring to the Help section of your browser’s toolbar. This explains how to refuse new cookies, display a message informing You that a website wants to store a cookie on your computer or device, or alternatively block all cookies or those sent from a specific website. You can also delete cookies manually. You can also choose to block or delete similar information used by browser add-ons, such as Flash cookies, by modifying the software’s settings or visiting the software editor’s website.
However, please note that if You do so You may not be able to access certain content, or your browser and the services You are expecting from our website may be prevented from working correctly. Where applicable, We shall not be liable for the consequences of our site not working correctly as a result of it being impossible to use the cookies required in order for it to work.
Each browser offers settings that enable users to manage cookies. They are described in your browser’s Help menu, which provides information on how to apply your cookies preferences:
For Internet Explorer™: open the Tools menu, and then select Internet options; next, click the Privacy tab, and then click the Advanced button to choose your cookie preferences,
For Firefox™: click the Firefox button, and then click Options; next, click the Privacy panel, and then choose your cookie preferences,
For Chrome™: open the Chrome menu (the spanner or three horizontal bars icon), and then select Settings; click Show Advanced Settings and then, in the Privacy section, click Content settings and choose the options You want,
For Safari™: select Safari, then Preferences, and then click Privacy; in the Block cookies section, choose the options You want,
For Opera™: click the Opera button, and then select the Tools or Settings menu; click Privacy & Security and choose your cookie preferences.
How to choose your cookie settings on a mobile phone or tablet?
To specify whether or not Safari™ accepts cookies:
1. In the main screen, touch Settings > Safari.
2. Touch Accept Cookies, and then select Never, From visited, or Always.
To delete all cookies in Safari:
1. In the main screen, touch Settings > Safari.
2. Touch Clear Cookies.
To delete all cookies in Android:
1. Menu > More > Settings > Privacy Settings > Clear All Cookie Data > OK
The website www.appysport.com is published by SPORTFIT HONG KONG COMPANY LIMITED, a company incorporated in Hong Kong with registered office situated at RM 1501, 15/F, PROSPERITY TOWER, 39 Queen’s road central, Hong Kong
Business registration number 70242973-000-12-18-5.
Director of publication : Marine Boris
Name : Google Cloud Platform
Address : Hong Kong
Name: Auth0, Inc.
Customer Happiness Centre
Please contact the Customer Relations Centre if You have a question:
By internet : via the contact link on https://www.appysport.com/#help
By email : [email protected] : One of our friendly customer happiness agents will get back to you
By phone : +852 5595 7510 our hotline operating hours are as follows : between 9:30 a.m. and 6:00p.m. from Monday to Friday, excluding Hong Kong public holidays
By post: Appysport, WeWork, 19/F, Tower 535, 535 Jaffe Rd, Causeway Bay, Hong Kong