Carbon Wallet Application Terms and Conditions of Use and Services
This Agreement applies as between you as User of "Carbon Wallet" mobile application and any related websites or other online/digital platforms that Carbon Wallet may operate (collectively, the "Application") and Carbon Wallet Company Limited (“Carbon Wallet”, “we”, “our” or “us”) as the owner of the Application.
Your acceptance of this Agreement occurs upon your clicking of the “Sign Up” button to register for your user account with the Application. If you do not agree with the terms of this Agreement, you should not click the “Sign Up” button or otherwise use the Application.
1. Grant of Licence
1.1 Carbon Wallet grants you a personal, limited, non-exclusive, non-transferable, and revocable licence to use a single copy of the Application on a single mobile device primarily used by you for your personal non-commercial use only. You may terminate this Agreement at any time by uninstalling the Application and destroying all copies in your possession. Carbon Wallet fully reserves all rights not expressly granted under this Agreement, and may terminate this Agreement at any time upon your breach.
1.2 Carbon Wallet may, at any time without notice, impose access or use limitations, change or stop providing the Application (or any parts thereof) to any Users.
2. Ownership of the Application
2.1 Carbon Wallet owns, retains and reserves all rights, title and interests (including but not limited to all intellectual property rights) on all texts, graphic images, photos, logos, icons, sound clips, video clips, data compilations, page layout, underlying code (including object and source codes), software and any other materials in and to the Application (collectively, the “Content”), except those in Third Party Materials and/or Third Party Links/Platforms and/or those regarding which Carbon Wallet has obtained licence(s) from third parties to use.
2.2 You will not, nor allow any third parties to, (i) make, issue and distribute copies of the Application and/or its Content, or (ii) copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange, adapt, or translate the Application and/or its Content (whether in whole or in part), or (iii) create any new or derivative works of the Application and/or its Content (whether in whole or in part) of any kind whatsoever, or (iv) attempt to do any of the foregoing prohibited acts.
2.3 You may not use the Application for any purpose which is unlawful, abusive, defamatory, indecent, obscene, threatening, inappropriate, infringing any rights of Carbon Wallet and/or any other third parties in any way or otherwise incites hatred or discrimination whatsoever.
3. Using the Application
3.1 Charges (including roaming charges) imposed by your mobile service provider may apply. You are responsible for these charges. The Application is primarily provided over the internet and/or mobile networks, so the quality and availability of the Application may be affected by factors outside Carbon Wallet’s reasonable control.
3.2 You must not use the Application on any mobile device or operating system that has been modified outside the vendor-supported or vendor-warranted configurations (i.e. commonly referred as “jail-broken” or “rooted”).
3.3 Where you are a Registered User, you shall comply with the relevant further terms and requirements issued by Carbon Wallet in relation to your registration and use of the Application. Your participation in any Carbon Wallet Points (CW Points) Promotion shall be subject to the applicable Rules of Promotion. These further terms and rules will be provided to you separately as and when applicable. You can, at any time by sending us your written notice, deregister your registration to only use the Application as an anonymized/guest User. Information on deregistration process and User deregistration form can be obtained upon e-mail request to email@example.com. We will process your request to deregister subject to our PICS and data retention policy. Carbon Wallet will not be liable or responsible for any losses arising from deregistration.
3.4 Any misconduct, fraud, misuse of any CW Points and/or Rewards, or failure to comply or contravention of any terms and conditions of this Agreement and/or any Rules of Promotion may result in, at Carbon Wallet’s sole and absolute discretion, the immediate termination and revocation of the non-compliant user’s status as Registered User of the Application and/or cancellation of the relevant CW Points and/or Rewards (whether in whole or in part as Carbon Wallet may consider appropriate in the circumstances of each case). Carbon Wallet fully reserves the right, with or without notice, to terminate and revoke the registration of any non-compliant Registered Users, at which time all CW Points and/or Rewards that were or may have accumulated or accrued to such non-compliant Registered Users will be cancelled upon the revocation of user registration. Carbon Wallet will not be liable or responsible in any way for cancellation or revocation of user registrations and the relevant CW Points and/or Rewards.
5. Limitation of liability
5.1 Any access to or use of the Application and any information therein are at your own risk. To the maximum extent permitted under applicable laws, Carbon Wallet and/or our Related Companies fully disclaims any and all representations and warranties for or in relation to Application and/or its Contents (such as without limitation, with respect to its usefulness, availability, accuracy, reliability, fitness for purpose, quality, title, non-infringement, completeness). Without prejudice to or limiting the generality of any of the foregoing, Carbon Wallet reserves all rights to define, determine, enhance, modify and maintain the relevant calculation methodology and conversion formula upon which CW Points and calculation of Carbon Savings are generated, and any statement, content and decision made by Carbon Wallet on these matters shall be final and conclusive.
5.2 To the maximum extent permitted under applicable laws, Carbon Wallet and/or our Related Companies shall not be responsible or liable in any way for any direct, indirect, consequential, exemplary or special losses, damages, costs or expenses (including but not limited to legal expenses) of any character, nature or kind whatsoever, arising out of, from or in connection with the Application, including but not limited to (i) any loss or misuse of any personal data or other information/data, (ii) fraud by any other person in relation to the Application, (iii) technical, factual or typographical inaccuracies, errors or omissions, (iv) errors or omissions for or relating to our services, (v) the unavailability of Carbon Wallet’s website and/or the Application, (vi) delay or failure in providing Carbon Wallet’s services and/or Rewards, or (vii) any sub-standard, unfit for particular purpose or un-merchantable quality of any products and/or services that may be offered by the relevant Participants as Rewards under or in connection with the Promotion.
5.3 Any dealings that you may have with any Participants and/or their products/services on or through the Application, or your participation and dealings in any promotions or other activities of any Participants, are solely between you and the relevant Participants concerned. We do not have any control over the contents of those Third-Party Materials, Links and/or Platforms. Any Third-Party Materials, Links and/or Platforms presented in the Application are for your general information only, and do not constitute or imply our endorsement of them or those in control of them. Carbon Wallet and/or our Related Companies are not responsible or liable in any way for any of the foregoing. Any Users’ disputes, actions and/or recourse on the foregoing should be directly sought against the relevant Participants concerned.
5.4 Nothing in this Agreement shall exclude or limit the liability of Carbon Wallet and/or our Related Companies for death or personal injury caused by our/their own negligence.
6.1 You hereby agree to indemnify in full and on demand, and to hold Carbon Wallet and/or our Related Companies, as well as its/their officers, directors, agents and employees, harmless from and against any losses, claims, liabilities, damages, demands, costs and/or expenses (including all legal fees and expenses) that may be incurred or suffered by us and/or any of the foregoing parties (whether directly or indirectly) caused by, in connection with or otherwise arising from your breach of this Agreement, and/or your access to or use of this Application. We may, if necessary, participate in the defence of any claims, disputes or actions against us or any of the foregoing parties and/or negotiations for settlement. No settlement that in our opinion may adversely affect our rights or obligations shall be made without our prior written approval. We fully reserve the right to assume exclusive defence and control of the conduct of any such claims, disputes or actions.
7.1 General: Save for any written waiver by Carbon Wallet, any failure of Carbon Wallet to exercise or enforce any right or provision of this Agreement will not constitute as its waiver. Carbon Wallet may revise this Agreement at any time and will use reasonable efforts to notify you of any important changes made to this Agreement by appropriate method. Your continued use of the Application after our relevant notification will constitute your acceptance of such changes. If you do not agree with any changes, please refrain from using the Application. If any term of this Agreement shall be unlawful or unenforceable under applicable laws, that term will be deemed severed without affecting the validity or enforceability of any remaining terms. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Carbon Wallet without restriction. This Agreement (and any revisions thereof as may be made by Carbon Wallet) forms the entire agreement between you and Carbon Wallet relating to the subject matter herein.
7.2 Third Parties: Except for Carbon Wallet’s Related Companies, any person not a party to this Agreement shall have no right to enforce any of the provisions hereunder under the Contract (Rights of Third Parties) Ordinance (Chapter 623). For any third party rights conferred by this Agreement, their consent is not required to rescind or vary this Agreement.
7.3 Termination: Carbon Wallet shall have the right to terminate this Agreement upon the occurrence of any of the following circumstances:
7.3.1 Carbon Wallet may at any time, without prior notice to any Users, terminate its provision of and services for the Application. This Agreement will be terminated forthwith upon the cessation of operation of this Application; or
7.3.2 Carbon Wallet may terminate this Agreement, without cause, by providing not less than 5 days’ advance written notice to the relevant Users; or
7.3.3 Carbon Wallet may forthwith terminate this Agreement upon any contravention or breach by the relevant Users of any terms and conditions of this Agreement, any applicable laws or regulations, and/or any rights (including but not limited to intellectual property rights) of Carbon Wallet and/or any other third parties.
In any case, upon termination of this Agreement, dealings in or with any rights that have or may have accrued to any Users at the effective date of termination (including but not limited to any accrued CW Points and/or Rewards) will be determined by Carbon Wallet at its sole and absolute discretion, and Carbon Wallet’s decision shall be final.
7.4 Governing Law and Jurisdiction: This Agreement, and any disputes or claims arising from, out of or in relation to it (whether contractual or non-contractual), shall be governed by and construed in accordance with the laws of Hong Kong. You hereby irrevocably submit to the exclusive jurisdiction of the Hong Kong courts.
7.5 Notices: Notices or other communication on this Agreement shall be made as follows:
7.5.1 in the case of notification to Carbon Wallet, in writing and sent by email to our email address at: firstname.lastname@example.org;
7.5.2 in the case of notification to Registered Users by Carbon Wallet, in writing and sent to their email addresses;
which, in any case, such email notification will be deemed to have been received upon dispatch of such communications without bounce-back or delivery failure report.
8. Definition and Interpretation
8.1 In this Agreement, unless the context otherwise requires, the following words and expressions shall have the following meanings:-
(i) “User” means any individuals who have successfully downloaded and installed the Application, and “Registered User” means any Users who have successfully completed the user registration process and have logged in to access and use the Application;
(ii) “Carbon Savings” means the amount of carbon dioxide equivalent saved as a result of the relevant green action of a Registered User relative to its baseline emissions, based on our calculation methodologies as recorded in the Application.
(iii) “CW Points Promotions” or “Promotions” means the promotional programme offered in the Application, subject to the applicable Rules of Promotion (i.e. any general and/or specific rules, requirements, terms and conditions, personal data collection statements and related policies for the relevant Promotions that may be introduced and issued by Carbon Wallet from time to time);
(iv) “Related Companies” means MTR Corporation Limited and any entities under its corporate group;
(v) “Participants” means any third party merchants, restaurants, shops and service providers who are collaborating with Carbon Wallet to offer or provide relevant information, products and/or services of the relevant Marketing Subjects on or through the Application to advocate and promote sustainability, environmental protection and green living objectives.
(vi) “Marketing Subjects” means any products and/or services of or relating to any of the following industries and business fields: entertainment, leisure and sports, lifestyle, catering, food and beverages, health and wellness, environmental, and charity and non-profit;
(vii) “Rewards” means the relevant rewards for eligible transactions and/or activities to be redeemed by CW Points of Registered Users in or through the Application, subject to the applicable Rules of Promotion;
(viii) “Third Party Materials” means any in-app contents, information, materials or advertisements that may be created, offered and provided by any Participants (or any third party on their behalf) in the Application;
(ix) “Third Party Links/Platforms” means any links that may, from time to time, be made available in the Application to any websites, applications, online platforms and/or resources created, provided, operated and managed by any Participants (or any third party on their behalf).
8.2 In the event of any inconsistencies, differences or conflicts between the English and Chinese versions of this Agreement, the English version will prevail.
Data Collection Statement for Guest/Anonymous Users of Carbon Wallet
This Data Collection Statement (this “Statement”) sets out our general practices and policies for handling data collected and used for the Application for any guest/anonymous Users. For any Registered Users, information on personal data collection and use shall be set out in the relevant Personal Data Collection Statement and related documents for the Application, which will be provided to Registered Users separately. Any defined terms in this Statement shall adopt the same definitions contained in “Carbon Wallet Terms and Conditions of Use and Services”. In the event of conflicts or inconsistencies between the different language versions of this Statement, the English version shall prevail.
1. Data Collection of Guest/Anonymous Users
1.1 No personal data will be collected and used by Carbon Wallet for guest/anonymous Users. Any data that may be collected and used will be on anonymous basis or otherwise only relate to certain information about your device, and does not personally identify you (collectively, “Anonymous Data”), including the following:
• Device information (e.g. operating system)
• Settings and usage of the Application (e.g. browsing activities, cookies)
• Access of current location of your device
1.2 With your device location, Carbon Wallet can provide you with better experience, such as by automatically identifying your nearby green points of interests. Your device will not store location records on the Application without your authorisation. You can control how the Application can access your device locations through your device’s operating system and the Application’s setting menu.
2. Purposes of Collection and Use of Anonymous Data
2.1 We may collect, handle and store Anonymous Data for the following purposes:-
a. Administration, management and improvement of the Application, its operation and functionalities (including but not limited to through research, surveys, or other statistical analysis);
b. Arrangement and provision of the relevant Contents, and service or promotional communications of Carbon Wallet and/or any Participants;
c. For relevant legal compliance purposes and protection/enforcement of rights and interest of Carbon Wallet and/or our Related Companies; and/or
d. Other purposes ancillary or directly related to any of the above.
3. Disclosure and Transfer of Anonymous Data
3.1 We may need to disclose, transfer or assign Anonymous Data (i) to any person to whom Carbon Wallet is under obligation to disclose under applicable laws, or (ii) to any agent, advisor, auditor, consultant and/or third party contractor/service provider who processes any Anonymous Data for and on our behalf, or (iii) in the event of changes to Carbon Wallet’s relevant business.
4. Third Party Materials and/or Links/Platforms in the Application
4.1 The Application may contain Third Party Materials and/or Third Party Links/Platforms. Please refer to those third parties’ privacy policies to protect your own privacy.
5. Use of application settings and usage tools
6. Questions and Complaints
6.1 If you have any questions about this Statement, please contact us at: email@example.com.
Version: 6 February 2021