TERMS OF USE

TERMS OF USE

This website (the “Website”) is provided by HKSC Developments L.P. (“we”, “us” or “our”) as a service to our customers and the travelling public (“you”). Your use of the Website is expressly conditioned on your acceptance of the following terms and conditions.  Please note that your use of the Website constitutes your unconditional agreement to follow and be bound by these terms and conditions. 

ONroute may, in its sole discretion and for any reason, modify, supplement or amend these Terms of Use at any time, without prior notice, by posting revised Terms of Use on the Website. Your use of this Website following any such modification, supplement or amendment constitutes your unconditional agreement to follow and be bound by the new Terms of Use.

IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU MAY NOT USE THE WEBSITE.

USE OF SITE

This Website is intended solely for personal, non-commercial use.  Use of the Website is void where your use of the Website is prohibited by applicable law.  The Website is not intended for use by those under the age of majority in your jurisdiction of reference.

Neither the Website nor its content may be, in whole or in part, copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of ONroute, except that you may download, display and print the content presented on the Website for your personal, non-commercial use only.

INTELLECTUAL PROPERTY RIGHTS

The Website and its contents, including all images, videos, logos, text and other components are subject to intellectual property rights and are protected by applicable copyright laws.  ONroute and the third parties whose intellectual property appears on the Website expressly reserve all intellectual property rights in all materials that appear on the Website and access to the Website does not constitute, and shall not be considered as constituting, any license of or to any of ONroute’s or any third party’s intellectual property rights.  

USE OF THIRD PARTY MATERIALS AND LINKS

Some product and/or service descriptions, representations/warranties and other content provided on this Website are provided by our vendors, partners, and other third parties, and are not independently verified by us. The accuracy of such content is the sole responsibility of these third parties. While this Website attempts to be accurate in its content, including product and service offerings, ONroute does not represent or warrant that such product and service offerings or other content on this Website are accurate or error-free.

The Website may contain links to websites owned or operated by third parties, and any such links are provided solely as a convenience to you and do not in any way constitute or imply ONroute’s endorsement or recommendation of the third party, or its products or services. ONroute is not responsible for the content of any third party sites and does not make any representations regarding the security or content of any third party website. 

Certain content and materials, computer viruses or other destructive or disruptive programs or files (collectively, “Viruses”) may be inadvertently downloaded from the Website.  ONroute shall not be responsible or liable for any Viruses that may impact your use of your computer or device arising from your use of the Website.

When using the location tool on the Website you may be subject to additional terms of service applicable to the service provider which provides such service as part of the Website.

PRIVACY

ONroute’s collection, use and disclosure of your personal information are governed by ONroute’s Privacy Policy, the terms of which appear on the Website and are incorporated into these Terms of Use by referece.  In using the Website, you agree that the terms of such Privacy Policy are reasonable and you consent to the collection, use and disclosure of your personal information by ONroute in accordance with the terms of and for the purposes set forth in the ONroute Privacy Policy.

PROHIBITED ACTIVITIES

You are prohibited from violating or attempting to violate the security of the Website or our networks or misusing the contact us or social media interaction tools that may be available or linked on the Website.  Without limiting the generality of the foregoing, the following are specifically prohibited: 

• Breaching, or testing the vulnerability, of the security of the Website or our networks;
• Interfering with the normal operation of the Website or any of our networks, including, submitting a virus to the Website or overloading (e.g. spamming) our Website or our contact us mailbox;
• Using any tool, agent, software or device (including spiders, robots or similar) to retrieve, index, scrape, or in any way reproduce or circumvent the navigational structure or presentation of the Website;
• Mimicking our Website or creating, operating or managing a Website with a deliberately similar URL;
• Transmitting any unsolicited or unauthorized advertising, promotional materials or spam through our Website or contact us email address; or
• Violating any applicable law.

DISCLAIMER AND LIMITATION OF LIABILITY

THE WEBSITE AND ALL OF THE INFORMATION AND OTHER CONTENT AVAILABLE ON THE WEBSITE (COLLECTIVELY, THE “MATERIALS”) ARE PROVIDED “AS IS”, “WHERE IS” AND “WITH ALL FAULTS” AND ONROUTE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND PROVIDES NO CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW. ONROUTE DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED REPRESENTATIONS OR WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ONROUTE DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR SUITABILITY OF THE WEBSITE OR THE MATERIALS OR THAT THE WEBSITE OR MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED, SECURE, ACCURATE OR ERROR-FREE.

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE AND THE MATERIALS, INCLUDING WITHOUT LIMITATION USE OF ANY OF THE INFORMATION CONTAINED THEREIN.  

IN NO EVENT SHALL ONROUTE OR ANY OF THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, AGENTS OR CONTRACTORS (THE “INDEMNIFIED PARTIES”) BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES  WHETHER BASED IN CONTRACT, TORT, STRICT LIABILTY OR OTHERWISE, ARISING UNDER OR OUT OF THE USE OF THE WEBSITE OR THE MATERIALS, EVEN IF THE INDEMNIFIED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

IN EVERY CASE, THE INDEMNIFIED PARTIES TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR THE MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100.00) CAD.  

INDEMNIFICATION

You agree to defend, indemnify and hold the Indemnified Parties harmless from and against any and all loss, actions, claims, damages, costs and expenses, including legal fees and disbursements on a full indemnity basis, arising from or related to your use of the Website or any breach of these Terms of Use. This provision shall survive the modification or amendment of these Terms of Use and remain in full force and effect.

GENERAL

These Terms of Use represent the entire agreement between you and ONroute in relation to the use of this Website and supersede all prior agreements, understandings and discussions between us. To the extent possible under applicable law, your use of the Website and these Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. You consent and submit to the exclusive jurisdiction of the courts located in the City of Toronto, in the Province of Ontario, Canada, in all disputes arising out of or relating to the use of the Website and these Terms of Use.  If any provision of these Terms of Use is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect: (a) the legality, validity or enforceability of the remaining provisions of these Terms of Use; or (b) the legality, validity or enforceability of that provision in any other jurisdiction.  The delay or failure of ONroute to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit ONroute’s rights with respect to such breach or any subsequent breaches. ONroute shall not be liable for any delay or failure to perform any of its obligations under these Terms of Use if such delay or failure is due to causes beyond its reasonable control. You may not assign these Terms of Use to any third party without the prior written consent of ONroute. These Terms of Use will be binding upon and will enure to the benefit of your heirs, executors, administrators and other legal representatives.  

EFFECTIVE DATE: MARCH 3, 2020