Welcome to the website of AMS Public Transport Holdings Limited (abbr. AMS). Please read the following Terms of Use carefully as they apply to your use of this website. Once you are in the AMS Website, you will be legally bound by these Terms of Use.

1. Definitions
1.1 The following words have the following meanings in these Terms of Use: 
all information, data, text, software, music, sound, photographs, charts, graphics, videos, messages, icons, buttons, HTML codes or other material displayed on or available through the AMS Website;
“Hong Kong”
the Hong Kong Special Administrative Region of the People’s Republic of China;
“Linked Site(s)”
the inclusion of any linked sites in the AMS Website;
“Privacy Policy Statement”
the policy in the AMS Website may from time to time be updated, revised, reposted and changed where AMS deems necessary;
any products which may from time to time be available to be purchased, redeemed or given away via the AMS Website;
“Terms of Use”
these Terms of Use as amended from time to time and posted on the AMS Website;
any person who access the AMS Website;
“We, our, us”
AMS Public Transport Holdings Limited (abbr. AMS);
The Website established at URL http://www.amspt.com; and
“You, your”
users of the AMS Website.

1.2 Unless the context otherwise requires, under the Terms of Use, words importing one gender include the other genders; words importing the singular shall include the plural and vice versa; and any references to a person shall include that person’s successors, representatives and permitted assigns.

1.3 Under the Terms of Use, references to paragraphs are references to paragraphs in these Terms of Use; and headlines are for ease of reference only and shall not affect the interpretation of these Terms of Use.

2. Complete Terms of Use
2.1 These Terms of Use, and our Privacy Policy Statement, which is hereby incorporated as if set forth fully herein, represented the complete agreement between you and us concerning your use of the AMS Website. For AMS Members Corner and AMS Gift Shop, specific rules are applied. You should read their rules as you will be bound by them.

4. Data Privacy
4.1 For information about our privacy policies and practices, please refer to our Privacy Policy Statement.

5. Covenants 
5.1 You agree not to use this Website for any purpose that is unlawful or prohibited by any applicable laws or the terms, conditions, and notices contained herein. Without limiting the generality of the foregoing, you further agree not to:

(i) trespass, break into, access, use or attempt to trespass, break into, access or use any other parts of our servers, and/or any data areas;

(ii) upload, post, email, publish or transmit any unlawful, fraudulent, libellous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable or unreasonable Content of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or foreign law, infringe any intellectual property rights, proprietary rights or confidentiality obligations of others;

(iii) upload, post, email, publish or transmit any advertisements, solicitations, spam, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication;

(iv) post, publish, transmit, reproduce, distribute or in any way exploit any Content obtained through the AMS Website for commercial purposes;

(v) download, post, publish, transmit, reproduce, or distribute in any way, any component of the AMS Website itself or any Content obtained through the AMS Website which is protected by copyright, or other proprietary right, or create derivative works with respect thereto, without our prior written permission;

(vi) upload, post, email, publish or transmit any Content that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication equipment;

(vii) upload, post, email, publish or transmit any Content protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents;

(viii) directly or indirectly, allow others to use your Login Name or Password;

(ix) interfere with or disrupt networks connected to the AMS Website or violate the regulations, policies or procedures of such networks;

(x) attempt to gain unauthorised access to the AMS Website, other Member's Accounts or Passwords, computer systems or networks connected to the AMS Website, through password mining or any other means;

(xi) interfere with another member's use and enjoyment of the AMS Website, or another individual's or entity's use and enjoyment of similar services;

(xii) disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

(xiii) "stalk" or otherwise harass another;

(v) collect or store personal data about other users or members; or

(xiiiv) impersonate, or falsely represent himself to be another individual or entity, or make false statement, or misrepresent the relationship between you and another individual or entity.

5.2 To ensure the use of AMS Website is subject to the Terms of Use, AMS reserved the right to access your member account or observe and track the pages you visit, including Members Corner, without notice.

6. Links to Third Party Websites
6.1 We have no control over linked sites and we are not responsible for the content of any linked site, or any links contained in such linked sites, or any changes or updates of such sites. We are not responsible for webcasting or any other form of transmission received from linked sites. We provide these links to you only as a convenience and the inclusion of any linked site on the AMS Website does not imply endorsement by us of the linked site or any association with its operator. We shall not be responsible or liable for any loss or damage of any kind incurred as a result of the use of the services or the content of any linked site. Any concern regarding linked sites should be directed to the responsible site administrator or webmaster.

7. Disclaimers and Limitation of Liability 
7.1 This site is provided by us on an "as is" and "as available" basis. Neither we nor our affiliates make any representations or warranties of any kind, express or implied, as to the operation of this website or the accuracy, adequacy or completeness of the content or products included on this website. To the full extent permissible by applicable law, we and our affiliates disclaim all warranties, express or implied, including, but not limited to any representations or warranties as to:

(i) The services offered or provided on the AMS Website will meet your requirements;

(ii) The availability of the AMS Website or that it will be uninterrupted or error-free, or that defects will be corrected;

(iii) The accuracy, adequacy or completeness of any content on the AMS Website;

(iv) The merchantability, standard of quality or fitness for any particular purpose of any products available on this website;

(v) The use or exercise of reasonable care and skill in providing or delivering any services on or through the AMS Website or the timeliness of services offered or provided on the AMS Website;

(vi) Non-infringement of any third party intellectual property rights; or

(vii) The AMS website being free of computer viruses or other harmful elements.

7.2Any contents downloaded or otherwise obtained through the use of the services are obtained at your own discretion and risk and that you will be solely responsible for any damage to your computer system and/or mobile telecommunication devices or loss of data that results from the download of any such contents.

7.3 Our entire liability and your exclusive remedy with respect to the AMS website or otherwise, is re-performance of defective services in jurisdictions which do not allow the exclusion or limitation of certain types of liability. Our liability is limited to the maximum extent permitted by law. We do not endorse, warrant or guarantee any material, product or service offered through us or our website. We are not and will not be a party to any transaction between you and any third party.

7.4 Without limiting any exclusion specifically provided for in these Terms of Use, we shall in no event be liable for any costs, damages or liability for: 
(i) the failure, or alleged failure, of any Product;

(ii) the breach, or alleged breach, of any warranty, express or implied, relating to any Product;

(iii) any loss or damage to any such Product;

(iv) any act or failure to act of any, shipper or other carrier, or any employee or agent thereof; or

(v) any unauthorized use of the AMS Website or breach of security relating to the AMS Website.

7.5 You will exercise and rely solely on your own judgment in using the AMS Website or purchasing or redeeming products. In no event shall we be liable to you or any other person for any direct, indirect, incidental, special, punitive or consequential damages, including any loss of business or profit, arising out of any use, or inability to use the AMS Website, even if we have been advised of the possibility of such damages, including without limitation unauthorised access using your Login Name and Password or transmission of content or any transactions entered into through the AMS Website. You specifically agree that neither we nor our affiliates shall be responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that neither our affiliates nor we shall be responsible for the Content sent out using and/or included in the AMS Website by any third party.

7.6 The limitation of liability contained in these Terms of Use will apply to the fullest extent permitted by applicable laws.

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

8. Intellectual Property 
8.1 The AMS Website together with all content made available as part of this Website is our property or is licensed by us and is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Our licensors and we own copyright in the selection, co-ordination, arrangement and enhancement of such content, as well as in the content itself. You may not modify, publish, transmit, redistribute, participate in the transfer or sale of, create derivative works of, or in any way exploit any of the content in whole or in part. You may only download such part of the content as is expressly permitted to be downloaded from this Website for the use specified and for your personal use only.

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

8.3 You agree that we are free to use, disclose, adopt and modify all and any ideas, concepts, know-how, proposals, suggestions, comments and other communications and information provided by you to us ("Feedback") in connection with the AMS Website without any payment to you. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to our use, disclosure, adoption and/or modification of any or all of your Feedback.

9. Participation in Promotions of Advertisers 
9.1 Any dealings you may have with any advertiser on this Website or your participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Neither we nor our affiliates shall be responsible or liable for any part of any such advertisement dealings or promotions.

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

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

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

13. System Availability
13.1 We do not guarantee uninterrupted, continuous or secure access to the AMS Website. Part or the entire Website may be unexpectedly unavailable for whatever duration and for various reasons that may include system malfunctions and disruptions, Internet access downtime and other technical problems beyond our control for which we cannot and shall not be held responsible. You agree that your use of the AMS Website is at your own risk and that you will not hold us responsible for any damage or loss caused by your inability to use the AMS Website for any reason whatsoever. We reserve the right to take any part or all of the AMS Website offline for various reasons including but not limited to system maintenance or upgrading.

14. Waiver
14.1 All waiver must be in writing. The failure of us to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. No waiver of any breach under the Terms of Use will amount to a waiver of any other breach.

15. Partial Invalidity
15.1 The illegality, invalidity or unenforceability of any provision of these Terms of Use under the law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdiction nor the legality, validity or enforceability of any other provision.

16. Governing Law and Jurisdiction
16.1 This Website (excluding the Linked Sites) is hosted by us from our office in Hong Kong. By accessing this Website, you agree that any claim relating to this Website shall be governed by the laws of Hong Kong without giving effect to any principles of conflicts of laws, provided that we reserve the right to pursue civil or criminal proceedings in any jurisdiction having control over you or your assets. You also agree to submit to the non-exclusive jurisdiction of the Hong Kong courts.

2019 AMS Public Transport Holdings Limited. All Right Reserved