Terms of Use

BEFORE USING THIS WEBSITE/ MOBILE APPLICATION, PLEASE READ THE TERMS OF USE SET FORTH BELOW, AS THEY APPLY TO YOUR USE OF THIS WEBSITE/ MOBILE APPLICATION. BY USING AND CONTINUING ACCESS TO THIS WEBSITE/ MOBILE APPLICATION, YOU SHALL CONCLUSIVELY BE DEEMED TO HAVE ACCEPTED THE TERMS OF USE SET FORTH BELOW.

  1. Definitions

In these Terms of Use, the following words and expressions shall have the following meanings: – “Information” means information, data, text, content, analysis, news, reports, programmes, photographs, picture, graphics, video, audio, software and other materials, communications, transmissions and other items, tangible or intangible; “Services” means services as may be offered from time to time on this Website/ Mobile Application; “Terms of Use” means the terms of use set out below as amended from time to time; “we”, “our” or “us” means the Masai Mara Limited.

  1. Changes To Website/ Mobile Application

We may, in our sole discretion and at any time, without notice to you, add to, amend or remove any Information from this Website/ Mobile Application, or alter the presentation, substance, or functionality of this Website/ Mobile Application.

  1. Changes of Terms

We may amend, add or delete any provision of the Terms of Use from time to time in our sole discretion and such amendment, addition or deletion shall be effective immediately upon either posting the modified Terms of Use or notifying you. You agree to review these Terms of Use periodically to ensure that you are aware of any modifications. Your continued access of and use of the Information of this Website/ Mobile Application and Services following such amendments to the Terms of Use, shall conclusively be deemed to be your acceptance of the modified Terms of Use.

  1. User’s Conduct

As a condition of your access or use of this Website/ Mobile Application, you must not:

  1. Trespass, break into, access, use or attempt to trespass, break into, access or use any parts of our servers, and/or any data areas for which you have not been authorized by us; or
  2. Restrict or inhibit any other user from using and enjoying the Website/ Mobile Application; or
  3. Post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, harmful, hateful, offensive, or otherwise objectionable or unreasonable Information of any kind, including without limitation any transmissions constituting or encouraging conduct that may constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or foreign law; or
  4. Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, junk email, investment opportunities or schemes or any other unsolicited communications or messages (commercial or otherwise), or engage in spamming or flooding; or
  5. Post or transmit any Information or software which contains any virus, trojan horse, worm or other harmful component or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of this Website/ Mobile Application or any computer software or hardware; or
  6. Post, publish, transmit, reproduce, distribute or in any way exploit any Information obtained through this Website/ Mobile Application for commercial purposes; or
  7. Upload, post, publish, transmit, reproduce, or distribute in any way, Information obtained through this Website/ Mobile Application which is protected by copyright, or other proprietary right, or create derivative works with respect thereto, without the prior written permission of the copyright owner or rightholder or otherwise infringe any patent, trademark, trade secret or other intellectual property rights or other rights of third parties; or
  8. Stalk or otherwise harass or violate the legal rights of others; or
  9. Collect or store personal data about other users.

You have no rights in or to the Information available on this Website/ Mobile Application and you will not use the Information available on this Website/ Mobile Application in any manner or for any purpose, except as permitted by laws or under these Terms of Use.

  1. Prohibition of Access

We reserve the right at all times to prohibit, deny or suspend your access to this Website/ Mobile Application or any part thereof immediately and without notice, where we consider it unacceptable or we are of the opinion that you have breached any of the terms contained in the Terms of Use or that such prohibition or denial is appropriate, desirable or necessary in our sole discretion. For the avoidance of doubt, Clauses 4, 7, 8 and 12 shall remain valid and subsisting notwithstanding that your access to this Website/ Mobile Application or any part thereof is prohibited, denied or suspended.

  1. Links to and from the Website/ Mobile Application

The links on this Website/ Mobile Application may take you to other sites that are not under our control. Links to other Website/ Mobile Applications do not constitute an endorsement by us of such Website/ Mobile Applications or the Information, products, advertising or other materials available on those Website/ Mobile Applications. You acknowledge and agree that we have no responsibility for the content, accuracy or availability of any Information provided by linked Website/ Mobile Applications or liable for any loss or damage caused by, arising out of or in connection with use of or reliance on any Information, materials, goods or services available on or through any such Website/ Mobile Applications.

  1. Indemnity

You agree to defend, indemnify and hold us, our subsidiaries, affiliates and their respective directors, officers, employees and agents harmless from and against all liabilities, damages, claims, actions, costs and expenses (including without limitation legal fees), in connection with or arising from your breach of any of these Terms of Use and/or your use of this Website/ Mobile Application. We may, if necessary, participate in the defense of any claim or action and any negotiations for settlement in respect of the aforesaid matters. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right to assume defense and control of any claim or action exclusively.

  1. Limited Liability And Warranty

All Information in this Website/ Mobile Application is for your general reference only. We do not accept any responsibility whatsoever in respect of such Information.

The Services and Information of this Website/ Mobile Application are provided on an “as is”, “as available” basis without any representation or warranty of any kind, whether expressed or implied, including without limitation any warranties of accuracy, completeness, quality, timeliness, availability, non-infringement of copyright or any other intellectual property rights or on merchantability or fitness for any particular purpose of the Information contained in this Website/ Mobile Application other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to the Terms of Use. In particular, we do not warrant that the Information contained in this Website/ Mobile Application will be uninterrupted or error free, that defects will be corrected, or that this Website/ Mobile Application or the server that makes it available is free of any virus or other contaminating or destructive components.

In no event shall we be liable for any direct, indirect, incidental, special, economic or consequential loss or damages of any kind whatsoever (including without limitation damages for loss of profits, business interruption, loss of information or data or loss of use of any equipment or software), howsoever caused, arising out of the use or the inability to use the Information contained in this Website/ Mobile Application or any other matter related to this Website/ Mobile Application, even if the same is known to us.

You understand and agree that any Information downloaded or otherwise obtained through the use of this Website/ Mobile Application or the Services is at your own discretion and sole risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such Information.

The limitation of liability contained in these Terms of Use will apply to the fullest extent permitted by applicable laws. In jurisdictions which do not allow the exclusion or limitation of certain types of liability, our liability will be limited to the maximum extent permitted by law.

We do not endorse, warrant or guarantee any Information, material, product or service referred to in the linked Website/ Mobile Applications. We are not and will not be a party to any transaction between you and any third party.

  1. Privacy Policy

For information about our privacy policies and practices, please refer to our Privacy Policy Statement. Where personal data is collected in connection with the Services, you should also have reference to the relevant user agreements linked to the form through which your personal data is collected.

  1. Feedback

If you have any question, request or comment in connection with this Website/ Mobile Application, please send us by e-mail to: [email protected].

You acknowledge and agree that we shall be free to copy, disclose, distribute or otherwise use any material, including without limitation, any ideas, suggestions, submissions, information or other communications transmitted or posted to this Website/ Mobile Application by you for any purposes as we deem fit without liability or compensation to any person or entity.

  1. Severability

In the event that any term or provision of these Terms of Use shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term or provision shall to that extent be severed from the remaining terms and provisions which shall continue to be valid to the fullest extent permitted by the applicable laws.

  1. Withdrawal / Cancellation

The Withdrawal / Cancellation policy follows the prevalent terms and conditions laid out in the respective pamphlets and brochures. For clarification, please contact Masai Mara for details.

  1. Notice

Notices to you may be made via email or regular mail. We may but not obliged to provide notices of changes to the Terms of Use or other matters by displaying notices or links to you generally on this Website/ Mobile Application.

  1. Governing Law and Jurisdiction

These Terms of Use shall be governed by the law of the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”). You agree to submit to the non-exclusive jurisdiction of the Hong Kong courts.

  1. Chinese Version

If there is any conflict or discrepancy between the English version of the Terms of Use and its Chinese translation, the English version prevails. If any part of the Chinese translation is unclear, reference should be made to the English version. The Chinese translation shall not be translated into English for the purpose of comparing with or interpreting the English version.

 

Private Policy Statement

Thank you for visiting our Website/ Mobile Application.

Masai Mara Limited (“Masai Mara”, “We”) pledges to meet fully the requirements of the Personal Data (Privacy) Ordinance. In doing so, we will ensure compliance by our staff with the strictest standards of security and confidentiality.

We understand that you care about the security of your privacy. It is therefore our prime concern to secure your privacy so that you may enjoy visiting our Website/ Mobile Application without any worry. This Privacy Policy Statement tells you about what information we would collect from you and what we would do about them and also explains our security policy.

Personal Data Collection and Use

Like many other website/ Mobile Application, we record your visit automatically through cookies, which are some small data structures sent to your computer to record your visit to our Website/ Mobile Application and to identify you during your future visits. These cookies may be saved permanently in your computer but they are usually harmless. You may disable these cookies but this may affect your browsing of our Website/ Mobile Application. The types of data collected by us include the browser type and version, the operating system, the IP address and the domain name of the server. This information collected from you will only be used to compile general statistics in relation to the number of visitors to our Website/ Mobile Application and also the usage of our Website/ Mobile Application.

However, your personal data may be collected from you on a voluntary basis for some particular purposes or services, including but not limited to creating your account, booking a class, a workshop or joining an event posted on the website/ Mobile Application, and the comments you post. The purposes for collecting your personal data which include your name, telephone numbers, address, email address, fax numbers, credit card numbers, name of bank and expiry date etc, are set out in the respective screens on our Website/ Mobile Application which invite you to provide your data. Refusal to supply personal data may result in Masai Mara being unable to process your request.

Where personal data is provided by you, we may occasionally send you some promotional materials regarding our products. If you do not wish to receive further promotional materials from us, please e-mail to us at [email protected].

When you send us e-mail to make any enquiries, complaints or feedback, we will record your personal data so as to carry out further actions or to do proper follow-ups.

Security of Personal Data

We do take the security of your privacy seriously. Our general policy is not to disclose any personal data to any third parties except as required by law or with your prior consent. All personal data you provided us are secured on our Website/ Mobile Application with restricted access by authorized personnel only. Our aaclass.com booking process uses SSL + protocol link for data transmission so as to protect your personal data which may be of security concerns to you. We also instruct our staff of our Privacy Policy from time to time to ensure their strict compliance.

Disclosure and Sharing of Personal Data

Our general policy is to keep all personal data confidential except as permitted or required by law.

The personal data provided will be used for the specified purposes stated by us when collecting such data including without limitation processing of enrollment application, statistical purposes and other related matters. We may provide these personal data to persons authorized to process the information for purposes relating to those specified purposes only.

We do not share any personal data about you with other unrelated companies or organizations without your prior consent. However, information may be disclosed incidental to or in the course of our operation to the following parties:

1. any personnel, agent, adviser, auditor, contractor, or service provider who provide services and advice to us in connection with our operation

2. the technicians who help to design and set up our Website/ Mobile Application

3. the person to whom we are required to make disclosure under any law applicable in or outside Hong Kong

You should also note that as we have no control over any act of any third party, the privacy protection stated in this Privacy Policy Statement does not apply to the information which has been disclosed to any third party incidental to or in the course of our operation or in providing our services. We assume no responsibilities on the privacy protection against such third parties.

Data Retention

Personal data you provided to us will be retained for such period as may be necessary for the carrying out of the purposes referred to in this Privacy Policy Statement.

Personal Data Access and Correction

Under the Personal Data (Privacy) Ordinance, you are entitled to be informed by us whether we hold your personal data, to have access to such data and to correct such data if they are inaccurate.

Any such data access request has to be made in writing and be sent to us by e-mail to [email protected].

A reasonable fee might be charged for all data access or related requests.

Hyperlinks

This Privacy Policy Statement only applies to this Website/ Mobile Application. If you click on any advertisement or hyperlink linking to another website/ Mobile Application, you will leave our Website/ Mobile Application for another location. We shall not be responsible for the privacy and security practices or the content of such website/ Mobile Application and you should always check the privacy policy of all website/ Mobile Application you clicked in.

Updates

We reserve the right to revise, change or modify this Privacy Policy Statement from time to time at our sole discretion by updating this Privacy Policy Statement, posting or by inserting notices located on particular pages at this Website/ Mobile Application to that effect. Please remember to visit this page from time to time to review any amendments to the above Privacy Policy Statement and their effect on your use of this Website/ Mobile Application. Your continued use of this Website/ Mobile Application implies your acceptance to such amendments.

Applicable Law

This Privacy Policy Statement shall be governed by and construed in accordance with the laws of Hong Kong, Special Administrative Region of the People’s Republic of China.

English Version and Chinese Translation

This Privacy Policy Statement is written in English language with a Chinese translation. If there is any discrepancy or conflict between the English version and its Chinese translation, the English version prevails.

 

Updated: 5 December, 2018

This Privacy Policy applies if you are based in a Member State of European Union during your interactions with us (English version only)

Data Collection and Use

Your personal data may be collected by us on a voluntary basis when you visit our Website/ Mobile Application, join our class, attend our events, use our services, register or communicate with us.

The categories of personal data that we may collect, process and use will include:

1. your personal information, contact details such as your name, gender, age, phone number, fax number, correspondence address and email address;

2. your passport and credit card information;

3. your interests, preferences, opinions and feedback;

4. your responses to market surveys and contests conducted by us; and

5. details of your visits to our Website/ Mobile Application and other information collected through cookies and other tracking technology including information that you look at. We may also collect information about you that is publicly available online, including your social media profiles.

Your personal data may be processed and/or used by us for the following main purposes:

1. to provide our information and services to you;

2. to respond to your inquiries;

3. to mail communications, publications, invitations and such like as you may select, request or as we may consider to be relevant to you;

4. for registration or enrollment of classes, workshops and events provided by us or our business partners.

The legal basis for our use of your personal data are as follows:

1. Consent: where you have consented to our use of your personal data. You may withdraw your consent to our use of your personal data at any time by contacting us.

2. Contract performance: where we are required to collect and handle your personal data in order to provide you with the services that we have contractually agreed to provide to you.

3. Legal obligation: where we need to use your personal data to comply with our legal obligations.

4. Vital interests: where we need to process your personal data in order to protect the vital interests of you or another natural person.

5. Public interest: where we need to process your personal data in order to carry out a task that is in the public interest.

6. Legitimate interests: where we have a legitimate interest in using your personal data or information and such purpose is not outweighed by any interests that you may have, or any prejudice that you may suffer, from the relevant use of your personal data.

Marketing

We may use your personal data for marketing and promotional purposes. We may communicate marketing and promotions to you by post, telephone, or online (including by email or through your mobile device or via online banner advertisement) and, as appropriate and where required, we will ask you for your consent, or otherwise provide you with the opportunity to choose not to receive marketing, at the time we collect your data.

We will provide an option to unsubscribe or opt out of further communication on any direct marketing communication sent to you at no charge. You may also opt out by contacting us by e-mail to: [email protected]..

Data Security

We maintain reasonable safeguard measures to protect your personal data in accordance with the requirements of data protection legislation. All personal data collected by us is stored on secure servers with restricted access by authorized personnel only.

Data Sharing

We keep all personal data confidential except as permitted or required by law. We do not share or disclose any of your personal data with other unrelated companies or organizations without your prior consent. However, certain information will be disclosed incidental to or in the course of our operation to the following parties:

1. any personnel, agent, adviser, auditor, contractor, or service provider who provide services and advice to us in connection with our operation;

2. the technicians who help to design and set up our Website/ Mobile Application;

3. business partners of the events that you have registered; and/or

4. the person to whom we are required to make disclosure under any law applicable in or outside Hong Kong.

Data Retention

Our retention period for personal data are based on business needs and legal requirements. We will retain your personal data for as long as is necessary for the processing purpose(s) for which it was collected and any other permitted linked purpose. Where personal data is no longer needed, we either irreversibly anonymize the data (in which case we may further retain and use the anonymized data) or securely destroy the data.

Your Rights

You have the right to:

1. access your personal data and have it corrected, amended or deleted (subject to a reasonable charge);

2. withdraw your consent to the processing of your personal data at any time;

3. receive a copy of your personal data and transit such to others;

4. object to our processing of your personal data;

5. lodge a complaint about the processing of your personal data with your local data protection authority; and

6. instruct us to restrict the processing of your personal data pending our investigation and/or verification of your claim.

Contacting us

For any data access and correction request or exercise of your rights, please send to us by e-mail to: [email protected].