oootopia

条款和条件

Questions:
living@oootopia.com

1. Booking Terms and Conditions

Full Initial Payment

Any partial payment of the Full Initial Payment received will first be applied towards payment of the Security Deposit, with the balance (if any) being applied towards payment of the first month’s Fee. This shall be without restriction limitation or prejudice to any rights of action or remedy by us, in respect of any Fee and/or any other moneys due under this License Agreement (and any interest charged thereon, if applicable) and/or any antecedent breach or non-observance of any of the conditions, covenants or stipulations on the Licensee’s part contained in this License Agreement.

Move in and Move out

  1. Move-In:

    1. Move-In hours are between 10am to 5pm daily.

    2. Appointment slots are available for booking in the App upon successful confirmation of reservation.

    3. Appointment shall be made three (3) days in advance.

  2. Move-Out:

    1. Move-Out hours are between 9am to 12pm daily.

    2. Late Move-outs (subject to availability) may incur additional Fee and will be deducted from the deposit without prior notice (to be calculated on a proportional amount of the Fee) and/or additional charges that we may in our absolute discretion determine.

    3. Appointment slots are available for booking in the App seven (7) days prior to the Expiry Date.

    4. Appointment shall be made not less than 3 days in advance.

On the Expiry Date or sooner determination of this agreement, the Licensee shall peaceably and quietly yield up the Room with all locks, keys and access cards complete (whether held by the Licensee and/or the Occupant) to us in good and Licensable repair and condition in accordance with the provisions contained in this License Agreement.

Security Deposit

The Licensee shall pay the Security Deposit as security for the due performance and observance by the Licensee of all covenants, conditions and stipulations on the Licensee’s part contained in this License Agreement. We will retain the Security Deposit throughout the license period with power for us, without restriction limitation or prejudice to any rights of action or remedy by us contained in this License Agreement, to deduct from the Security Deposit the amount of any Fee, expenditure in arrear and/or any other moneys due under this License Agreement or any loss or damage sustained by us as a result of any breach or non-observance by the Licensee of any such covenants, conditions and stipulations.

The Security Deposit shall not be utilised by the Licensee to off-set any Fee or other moneys due and payable under this License Agreement.

PROVIDED ALWAYS that if the Licensee shall duly observe and perform the covenants, conditions and stipulations on the part of the Licensee contained in this License Agreement, the Security Deposit will be refunded within thirty (30) days from the Expiry Date or the date of early termination pursuant to the terms herein, (as the case may be), free of any interest to the Licensee. Nothing herein shall restrict limit or prejudice our rights of action or remedy to recover any moneys which are or may become due or payable by the Licensee (and any interest charged thereon, if applicable) under this License Agreement.

Should the Security Deposit or any part thereof be deducted by us in accordance with this License Agreement, the Licensee shall within seven (7) days from receipt of our written notice to the Licensee or Occupant further deposit such sum so deducted such that the Security Deposit shall at all times be maintained at the full Security Deposit amount. In the event that the Security Deposit is not maintained at the full Security Deposit amount, all subsequent rental payments received from the Licensee will first be applied towards topping up the Security Deposit, before being applied towards payment of the Fee (if any).

All refunds of the Security Deposit or any part thereof will be made by cheque of a bank registered in Singapore. If the Licensee requests for any other forms of refunds (such as bank transfers), all bank or administrative charges (if any) shall be fully borne by the Licensee.

Legal Fees

The Licensee shall pay all our solicitors’ legal fees in connection with any surrender or other termination of this License Agreement (in duplicate or otherwise) and any prior accompanying or further documents or deeds supplemental or collateral or in any way relating to this License Agreement, otherwise than by effluxion of time or in accordance with this License Agreement as well as all costs and fees legal or otherwise including costs as between solicitor and client in connection with the enforcement of the conditions, covenants and stipulations contained in this License Agreement.

Pro-Rating of Fee

The Fee for a particular month (“Payment Month”) is for the period commencing from the Fee Payment Day of a Payment Month and ending on one (1) day before the Fee Payment Day of the month immediately after such Payment Month.

  1. If the Fee Payment Day does not exist in the month immediately after a Payment Month, the period shall end on the last day of the month immediately after such Payment Month.

  2. If the Fee Payment Day does not exist in the month immediately before a Payment Month, the period shall commence from the first day of such Payment Month and the Fee shall be paid in advance on or before the first day of such Payment Month.

Any pro-rating of the Fee for a period less than a Payment Month shall be calculated based on the number of days of License Period over the total number of days in such Payment Month.

Utilities

Unless expressly stated otherwise in the License Agreement, the Licensee shall be responsible for all bills for the provision and supply of water, gas, electricity, telecommunication, internet and cable television, including but not limited to gas bills, water bills and electrical bills.

Late Payment Interest and Additional Charges

Late payment of all moneys due to us under this License Agreement, including but not limited to unpaid Fee or any part thereof, shall incur interest at the rate of twelve percent (12%) per annum on the basis of a 365-day year and calculated day to day from the date payable to the date on which such payments are paid or recovered in full by us (as the case may be).

All additional charges (including, but not limited to, bank transfer charges and credit card charges) not expressly provided for under this License Agreement shall be fully borne by the Licensee.

Nothing herein shall restrict limit or prejudice to any rights of action or remedy by us as contained in this License Agreement.

Default and Termination

In the event that:

  1. the Fee and/or other moneys reserved or due under this License Agreement (or any part thereof) shall at any time remain unpaid for seven (7) days after becoming payable (whether formally demanded or not); Or

  2. there is a breach or non-observance of any of the conditions, covenants or stipulations on the Licensee’s part contained in this License Agreement,

then it shall be lawful for us at any time thereafter to re-enter upon the Room or any part thereof in the name of the whole and thereupon this License Agreement and this license period shall forthwith and absolutely cease and determine, with forfeiture of the Security Deposit paid, but without restriction limitation or prejudice to any rights of action or remedy by us in respect of any Fee and/or any other moneys due under this License Agreement (and any interest charged thereon, if applicable) and/or any antecedent breach or non-observance of any of the conditions, covenants or stipulations on the Licensee’s part contained in this License Agreement.

A written notice served to the Licensee or the Occupant to the effect that we thereby exercise the power of re-entry shall be a full and sufficient exercise of such power without actual entry on our part.

Room and Interior (including Furnishing and Inventory)

The furnishings and inventories (except those included in the Welcome Kit) in the Room are complimentary for the Licensee’s use during the license period, on a “as-it-is” basis. By signing this License Agreement, the Licensee agrees to accept the Room, its furnishings and inventories in their current state and condition.

Although we will make attempts for the Licensee to occupy the Room for the license period, we reserve the right to shift the Licensee to another room of the same room type should we determine, in our absolute discretion, it to be necessary. Such shifting shall not terminate or cease this license period or License Agreement and the Licensee agrees that this License Agreement shall remain in effect and shall contain the like conditions, covenants or stipulations with the exception that all references to the Room in this License Agreement shall refer to the new room.

The Licensee shall be responsible to keep the interior of the Room (including all furnishings and inventories) in clean, good and tenantable condition. The Licensee shall be liable for all defects, damage or losses arising out of or in connection with any act omission or default of the Licensee or Occupant (or any employee, contractor, agent, invitee, licensee or guest of the Licensee/Occupant), fair wear and tear excepted. For all such defects, damage or losses requiring any repair works or replacements (if we in our absolute discretion deem necessary) to be carried out, the Licensee shall make all necessary payments to us for the costs of all repair works and/or replacements within seven (7) days of our written notice.

During the move-in process, a joint inspection will be carried out with the Licensee or Occupant. An inventory list will be presented and checked-off, and all defects, damage or losses will be recorded. Any further defects/damage found by the Licensee or Occupant shall be made known to us in writing within seventy-two (72) hours of move-in, failing which all defects, damage or losses found later or upon Move-out shall be deemed to arise out of or to be in connection with any act omission or default of the Licensee or Occupant (or any employee, contractor, agent, invitee, licensee or guest of the Licensee/Occupant), fair wear and tear excepted.

The Licensee shall make good, at his/her/its own costs and expenses, all defects, damage or losses caused by the removal of any of the Licensee’s and/or Occupant’s fittings and/or property. The Licensee shall also, at his/her/its own costs and expenses, remove, store or dispose off the Licensee’s or Occupant’s property. If the Licensee fails to make good such defects, damage or losses or fail to remove, store or dispose off the said property, we reserve the right, in our absolute discretion, to do so and the costs thereof shall be recoverable from the Licensee.

The Licensee shall not carry out or permit or suffer to be carried out any renovations, works, alterations, and additions to or any changes in the Room, and not to hack any holes or to install any electrical sockets/power points in the Room.

If any repair works or replacements are deemed, in our absolute discretion, to be necessary due to fair wear and tear, we will, but be absolutely under no obligation, carry out such repair works or replacements in the Room as soon as possible, and typically aim, but be absolutely under no obligation, to complete all such repair works and/or replacement within fourteen (14) days after we are informed by the Licensee or Occupant in writing.

On the Expiry Date or upon termination of the license period for any reason whatsoever, the Licensee shall be required at its own costs and expenses to reinstate the Room, furnishings and inventories listed in the Inventory List to the condition as at Move-in, fair wear and tear and latent defects excepted. We reserve the right to have the Room professionally cleaned, with all costs and expenses to be paid for by the Licensee. This may include, but not limited to, professionally cleaning any stained carpets, floorings and/or curtains.

Right to Entry

The Licensee, duly paying the Fee hereby reserved and observing and performing the several conditions, covenants and stipulations on the Licensee’s part contained in this License Agreement shall peaceably hold and enjoy the Room during the license period without any disturbance by us or any person lawfully claiming under or in trust for us.

Notwithstanding the above, we reserve the right in our absolute discretion to enter the Room anytime during the license period, to ascertain that the Room is occupied only by the Licensee or Occupant or to carry out inspections (including prospects) or repair/replacement works. We will typically, but be absolutely under no obligation to, provide the Licensee or Occupant with at least twenty-four (24) hours’ notice period for such entries.

Licensee/Occupant’s Property

The Licensee or Occupant acknowledges that we will not provide any insurance coverage for the Licensee or Occupant’s property or valuables and the Licensee or Occupant shall be solely responsible for any damage or loss of property or valuables in the Room or the development which the Room forms part of (“Development”). We shall strictly not be liable for any such loss or damage. Without restriction limitation or prejudice to the aforesaid, we urge the Licensee/Occupant to keep any valuables secured properly or in the safe (if provided).

Indemnity to Us

Notwithstanding anything herein contained, we shall be under no liability:

  1. to the Licensee and/or Occupant (or any employee, contractor, agent, invitee, licensee or guest of the Licensee/Occupant) or to any other person who may be permitted to enter, occupy or use the Room or any part thereof for accidents, happenings, deaths or personal injuries sustained to any persons whomsoever, or

  2. for injury, loss of or damage to the Licensee’s/Occupant’s property in the Room or Development (or any part thereof), whether arising from or in connection with the defects in the Room or Development or the act omission or default of any of our employees, contractors, agents, invitees, licensees or guests or otherwise.

The Licensee shall keep us fully indemnified against all claims, demands, writs, summonses, actions, suits, proceedings, orders, decrees, damages, costs, losses and expenses of any nature whatsoever which we may incur or suffer from or in connection with the aforesaid.

The Licensee shall also be responsible for and indemnify and keep indemnified us from and against all claims, demands, writs, summonses, actions, suits, proceedings, orders, decrees, damages, costs, losses and expenses of any nature whatsoever against all injury, loss and damage to the Room or Development or any adjacent or neighbouring rooms, buildings or developments or any property contained therein or any accident, happening, death or personal injury caused to any person whomsoever by any act default or omission of the Licensee or Occupant or his/her/their employees, contractors, agents, invitees, licensees or guests.

Peaceful Occupation – Compliance with Rules and By Laws

The Licensee and Occupants of the Room shall at all times observe, perform and comply with all the rules/statutes/by-laws/regulations prescribed by us or the Management Corporation of the Development. The Licensee shall indemnify and keep us indemnified against all claims, demands, writs, summonses, actions, suits, proceedings, orders, decrees, damages, costs, losses and expenses of any nature whatsoever which we suffered or will suffer by reason of any breach, non-compliance, non-performance or non-observance thereof by the Licensee or Occupants or his/her/their employees, contractors, agents, invitees, licensees or guests. The Licensee and Occupants of the Room shall peacefully occupy the Room as a private residence, and not create disturbances or cause inconveniences to other Licensees, Occupants and residents (or any employee, contractor, agent, invitee, licensee or guest of such Licensees, Occupants and residents) in the Development, nor to do or permit or suffer to be done in or to use the Room for anything which may be unlawful or immoral or a nuisance or annoyance to other Licensees, Occupants and residents of the Development (or any employee, contractor, agent, invitee, licensee or guest of such other Licensees, Occupants and residents) or of any adjacent or neighbouring rooms, buildings or developments.

No Harbouring of illegal Entrants

The Licensee or Occupant shall not harbour in the Room or any part thereof any person who resides or works in Hong Kong or to do or permit to be done in the Room anything which may be in breach, non-compliance, non-performance or non-observance of any law/rule/statute/by-law/regulation of the Hong Kong Special Adminstrative Region of the People’s Republic of China.

The Licensee shall indemnify and keep us indemnified in full for all claims, demands, writs, summonses, actions, suits, proceedings, orders, decrees, damages, costs, losses and expenses of any nature whatsoever which we suffered or will suffer due to any breach, non-compliance, non-performance or non-observance by the Licensee or Occupant of its obligations under this clause, or from the enforcement by us of compliance, observance and/or performance of the Licensee’s or Occupant’s obligations under this clause.

Usage of Parking Spaces (if applicable)

The Licensee/Occupant shall not be entitled to the use of the parking spaces in the Development.

  1. For parking spaces in the Development operated or owned by us:

    1. A parking fee will be chargeable.

    2. We, our agents, our contractors or our agents’ or contractors’ employees shall not be liable for any loss of or damage to any motor vehicle or any other property placed or parked in the car park due to any cause whatsoever, including without limitation, theft, damage or other misdemeanour to vehicles while parked in the car park.

    3. All motor vehicles are parked entirely at the user's risk.

    4. The user of a motor vehicle in the car park shall bear all liability for and indemnify us against any injury, loss of or damage to any property and/or any accident, happening, death or personal injury caused to any person whomsoever which is caused by the user's motor vehicle or by such user's control or management of the motor vehicle.

  2. For parking spaces, whether in the Development or otherwise, NOT owned or administered by us:

    1. We may, but be absolutely under no obligation to, assist in the application for a parking space. An additional non-refundable administrative fee will be chargeable, depending on length of usage and requirements.

    2. The Licensee shall be responsible for all parking charges payable to the owner/operator of the car park. We shall not be a party to any contractual, trust or agency arrangement between the Licensee/Occupant and the car park owner/operator, nor shall we be bound by any obligations and liabilities contained therein.

    3. The Licensee or Occupant may contact us for the prevailing parking charges, administrative fees and/or additional deposits required, but we make no representation or warranty in respect of the accuracy thereof.

Service Definition and Additional Charges

  1. Housekeeping services (if included)

    1. General cleaning of all room (s), living room and bathroom (s)

    2. Vacuum and Mop

    3. Dust off and wipe down furniture

    4. Empty trash (subject to such trash being of a reasonable amount)

    5. NOT INCLUDED: Laundry, ironing and replenishment of toiletries

    Licensees/Occupants will be informed of the weekly housekeeping schedule. We strongly urge all Licensees/Occupants to secure all belongings and valuables.

  2. Airport Transfers

    1. We may assist to arrange for airport transfers at a cost.

    2. This transfer service is outsourced to a third party contractor, and we shall be under no liability for any injury, loss of or damage to any property and/or any accident, happening, death or personal injury caused to any person whomsoever arising out of or in connection with such service. We shall also be under no liability for any claim, demand, writ, summons, action, suit, proceeding, order, decree, damage, cost, loss or expense of any nature whatsoever which may be incurred or suffered from or in connection with the non-provision or provision (incomplete or otherwise) of such service by the said third party contractor.

Sale of Building

In the event of a sale or disposal of the Building, the Licensee hereby consents to the assignment of this License Agreement and to the transfer of the Security Deposit by us to the new owner(s) of the building and hereby agrees to release us from all obligations in respect of this License Agreement (including but not limited to all obligations in respect of the Security Deposit) without restriction limitation or prejudice to any rights of action or remedy by us, in respect of any unpaid Fee and/or any other moneys due under this License Agreement (and any interest charged thereon, if applicable) as at the date of such assignment and/or any antecedent breach or non-observance of any of the conditions, covenants or stipulations on the Licensee’s part contained in this License Agreement.

During the license period, upon twenty-four (24) hours’ notice by us, the Licensee and/or Occupant shall permit viewing of the Room by any person authorised or invited by us for the purpose of or in connection with the sale or contemplated sale of the Building and to admit such person or persons into the Room any day of the week at any time stipulated by us.

In the event that the Room is sold as part of an enbloc or collective sale, we shall be entitled to terminate this License Agreement with no less than two (2) months’ prior written notice to the Licensee.

General

The Licensee/Occupant(s) shall:

  1. NOT allow any pets or animals to enter the Room A $500 fine will be imposed and it shall be lawful for us to exercise our right of re-entry as contained in the aforesaid section “Default and Termination”.

  2. NOT smoke or permit smoking in any part of the Room A $3000 fine will be imposed on every instance of smoking detected in the Room (or any part thereof) and it shall be lawful for us to exercise our right of re-entry as contained in the aforesaid section “Default and Termination”.

  3. NOT repair or attempt to repair or carry out repair work to the Room unless instructed to do us by us in writing.

  4. NOT keep in the Room any article or thing of a dangerous, inflammable, or explosive character that might unreasonably increase the danger of fire on or around the Room or Development or that might be considered hazardous or to do or permit to be done anything whereby the policy or policies of insurance on the Room or Development against damage by fire may become void or voidable or whereby the premium thereon may be increased. In such event, it shall be lawful for us to exercise our right of re-entry as contained in the aforesaid section “Default and Termination”

  5. NOT assign this License Agreement, or sublet or grant any concession or licence to use or dispose of or part with possession of the Room or any part thereof without our prior written consent. Any such assignment, subletting, concession, disposal, parting of possession or licence by the Licensee or Occupant without our prior written consent, or an assignment or subletting by operation of law, shall be void and, in such event it shall be lawful for us to exercise our right of re-entry as contained in the aforesaid section “Default and Termination”.

Any notice by the Licensee or Occupant under this License Agreement shall be in writing. Any notice to the Licensee shall be sufficiently served if left addressed to the Licensee at the Room or left addressed to the Licensee in the Room’s mailbox or sent to the Licensee by registered post or left addressed at the Licensee's last known address at Singapore and any notice to us shall be sufficiently served if it is addressed to us and sent by registered post to our above-mentioned address.

The Licensee and Occupant(s) agree that any person who is not a party to this License Agreement shall have no rights under the Contracts (Rights of Third Parties) Act to enforce the terms of this License Agreement.

Where more than one person are parties hereto as Licensees the expression "the Licensee" and words referring to or importing reference to "the Licensee" employed herein shall include or refer to all and each of such persons and all their liability and obligations with respect to all covenants stipulations and conditions contained herein and on the Licensee's part to be observed and performed shall be joint and several.

Unless otherwise stated, in this License Agreement:

  1. the expressions "Licensor" and “we” shall include our successors in title and assigns,

  2. the expression "the Licensee" shall include its successors in title and permitted assigns, and

  3. the expression "Dollars" and the symbol "$" shall mean the lawful currency of the Hong Kong Special Administrative Region of the People’s Republic of China.

If any one or more of the provisions contained in this License Agreement shall be deemed invalid, unlawful or unenforceable in any respect under any applicable law, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired.

In this License Agreement unless the context otherwise requires words importing the singular number or masculine gender only include the plural number or the feminine gender and vice versa and words importing persons include corporations.

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

The marginal notes hereto are inserted for convenience of reference only and shall not in any manner affect the construction meaning or effect of anything herein contained nor govern the rights and liabilities of the parties hereto.

2. Website Usage Terms & Conditions

This website www.oootopia.com (“Website”) is owned and operated by Wanderwonder Hospitality (HK) Limited (“Company”), a company incorporated under the laws of the Hong Kong Special Administrative Region (“Hong Kong”) with an address of 18 Sung Wong Toi Road, Ma Tau Chung, Hong Kong.

Your access to the Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained below and elsewhere on the Website (collectively, “Terms and Conditions”). By using the Website, you will be deemed to have accepted these Terms and Conditions.

By accepting the Terms and Conditions, you will be entering into a binding agreement with the Company and its affiliates and subsidiaries (collectively, “Oootopia”) and the properties managed by Oootopia (each a “Residence” and collectively, “Residences”) for the use of this Website. The use of “we” or “us” refers to the Company, Oootopia and the Residences.

Use of the Website

The Website allows you to access the reservation services of the Residences under the Oootopia brand.

The Website also provides marketing and promotional information about products, services and activities on offer by Oootopia and the Residences.

The Website and its content are made available for your personal, non-commercial use. The Website should not be used for unlawful, immoral or illegal purposes or for any purpose other than those stated in the Terms and Conditions. The Company reserves the right to deny access to the Website to any user who violates the Terms and Conditions, the Privacy Policy or at its sole discretion.

You must not engage in any conduct or do anything that would damage, impair or interfere with the operation or security of the Website, the system hosting the Website, or any of our computer systems.

You must be of sufficient legal age and capacity to make reservations for rooms through the Website. If you are a child or minor, you may only use the Website and services available on the Website with the permission of your parent or guardian.

Intellectual Property

The Website contains proprietary information, content and materials, including but not limited to text, graphics, images, photographs, videos, music, sound, icons, logos, designs, trade names, trade secrets, patents, trademarks, software codes and technologies ("Content"), that is owned by Oootopia and/or third parties and is protected by applicable intellectual property and other laws, including but not limited to copyright. No licence is granted in respect of those intellectual property rights. Your use of the Website does not grant, transfer to or confer upon you any right, title or interest in the Content.

By using the Website, you agree to comply with all end user agreements and privacy policies of third parties, including but not limited to Google Maps APIs Terms of Service (“Google Terms”) ( https://developers.google.com/maps/terms ). In accordance with clause 10.2 of Google Terms, we hereby notify end users that we have modified the maps by incorporating number identifiers which cross refer to place names.

You agree that you will not use the Content in any way whatsoever except for use of the services available on the Website in compliance with the Terms and Conditions. The Website may only be used for personal and non-commercial purposes. You must not print, copy, modify, publish, reproduce, distribute, re-transmit, transfer, upload, download, store, display in public, sell, licence, reverse engineer, decompile, or disassemble the Content without the prior written consent of Oootopia, save and except to the extent permitted by copyright laws and/or for the downloading and printing of the Content for personal record-keeping purposes only.

You must also not engage in any conduct that infringes, violates or misappropriates any intellectual property rights of Oootopia or any other party, and such infringement, violation or misappropriation shall amount to a breach of the Terms and Conditions. No permission or authorisation is granted to you to use, or permit others to use the Company's icons, site addresses, or any other means to hyperlink other Internet sites with any page in the Website unless specifically permitted by the Company in writing.

You can send your comments, suggestions, ideas, or feedback concerning the Website or any of the services made available to you on the Website or the Residences (“Feedback”). You agree that if you provide any Feedback to us, we will own all right, title and interest in and to the Feedback, even if such Feedback is provided in confidence. We will be entitled to use the Feedback without restriction. You irrevocably assign to us all right, title and interest in and to the Feedback and agree to provide us with any assistance we may require to document, perfect and maintain our rights in the Feedback.

Reservations

By using this Website to make reservations with a Residence, you agree to be bound by all of such Residence’s standard terms and conditions and by any other policies, terms and conditions that may apply.

By using this Website to make reservations, you hereby authorize the Residence and us to use your personal information including credit/ debit card information that you provide to us for the purpose of the reservation.

You may only make reservations through this Website for yourself and your guests. You are prohibited from using this Website for the purposes of reselling, posting, advertising or marketing reservations (whether online or otherwise) to third parties including online agents, third-party owned websites, or travel agents.

The Residence reserves the right to require proper proof of identity (e.g. passports or national identity cards) from all persons moving in. The Residence has the absolute discretion to refuse to check in if the identity does not match with the person mentioned in your reservation or if anyone refuses to provide the requisite proof of identity to the Residence. We reserve the right to cancel or modify at our sole discretion any reservations that have been made in breach of the Terms and Conditions or for false, fraudulent or unauthorized purposes.

Cancellation Policy

The cancellation policy of any reservation may vary depending on the room rates, occupancy levels, availability or other Residence requirements. The cancellation policy will normally be provided to you along with the confirmation of your reservation. Any cancellation of your reservation through this Website must comply with the cancellation policy applicable to the reservation.

Credit/ Debit Card Information

You must provide valid credit/ debit card information (such as card type, card number, expiry date and the full name shown on the card) to us and to the Residence to secure your reservation by paying an advance deposit for prepaid or advance purchases.

By providing your credit/ debit card information, you represent and warrant that (i) you are legally authorized to use the credit/ debit card you provided; (ii) you authorize us to charge you in full for all charges incurred by you and your guests (if applicable) or charged to your account for all products and services purchased by you and any damage or loss caused by you and your guests during your stay (including, without limitation, damage to the Residence’s property); (iii) you authorize us to charge you in full the prepayment or advance purchase at the time of reservation; and (iv) you authorize us to charge any cancellation charges to your credit/ debit card.

While all reasonable security measures will be taken to secure your credit/ debit card information, you agree to hold us and our employees and officers harmless and release us from any actions, claims, liability, damage or loss resulting from any loss, release, compromise, or disclosure of your credit/ debit card information caused by malware attacks, phishing attacks, viruses, hacking activities, malicious software and any other unlawful interference of the Website’s operating system or unauthorized access by third parties.

Payment

Where applicable, any purchase of goods and services including utilities, consumables or other Residence activities may be charge to your account during your stay. You are personally liable for the full payment of all such charges which may include any applicable service charges, duties, taxes, or tariffs. You are required to pay and settle all such charges fully upon receipt of the Residence Invoice.

If you choose to move out of the Residence without settling your bill in full, you expressly and irrevocably authorize us to charge to your credit/ debit card, which was used at the time of move-in, provided to secure your reservation, saved in your account, or deduct from security deposit (whichever is available), all charges you and your guests may have incurred including any damage or loss caused by you or your guests to the Residence during your stay.

Mobile Application (For Members Only)

Members of the Oootopia community may have access to the mobile functions on Oootopia’s mobile application (“App”). For more details of how the mobile functions work, you can download the App from the Apple Store or the Google Play and read the App’s Terms and Conditions.

Valuables

You are advised not to bring expensive jewellery, precious goods or excessive amounts of cash onto the Residence premises and you do so at your own risk. While Residences provide reasonable security, Residences are not designed as high security areas for the safekeeping of expensive jewellery, precious goods or large sums of cash. Please ensure that all items of value are always stored securely and not left unattended. Safety deposit boxes are available free of charge for your use. To the extent permissible by law, we will not be liable for any loss of or damage to any property brought onto the Residence premises. In the event that we are found to be liable for any such loss or damage, we shall not be liable for such loss and damage to an amount exceeding the statutory limitation available under the applicable local laws and regulations.

Privacy Policy

We respect your privacy and are committed to protecting the privacy, confidentiality and security of the personal data you provide to us or that we otherwise collect about you when you use this Website. How we collect, use and disclose your personal data (including sensitive personal data (where applicable) and overseas transfers of your personal data) is set out in our Privacy Policy found here. Your continued use of and access to this Website constitutes your acceptance of our Privacy Policy.

By using this Website, you consent to receiving direct marketing and promotional communications from us. Accordingly, we will send you either via emails, SMS messages, push notifications, telephone calls, post, or social media (e.g .WeChat and Facebook) marketing and promotional information that we think may be of interest to you. You may opt-out from receiving further marketing communications from us at any time by following the unsubscribe instructions contained in the marketing communications.

Disclaimers

All reasonable efforts have been made to ensure the accuracy of the content and materials displayed on the Website. We regularly review the Website and, where appropriate, will update pages to reflect any changes to the features, functionality and available services of this Website.

The Website, the content and materials, and goods and services on the Website are provided "as is" and on an "as available" basis without warranties of any kind, and we disclaim all warranties, whether express or implied, to the maximum extent permitted by law, including but not limited to warranties of title, merchantability, fitness for purpose, non-infringement of intellectual property or proprietary rights, confidentiality or privacy of any communication or information transmitted on the Website or any sites linked to the Website, compatibility between the Website and any software or hardware, accuracy, reliability or availability of the goods and services on offer, or arising from course of dealing or usage of trade. You accept all risk and responsibility for your use of the Website, including the submission of any personal information and credit/ debit card information.

The materials on the Website are for general information only and nothing in the Website contains professional advice or any binding commitment upon us in relation to the accuracy, reliability or availability of the products and services on offer or provided by us.

All images on this Website were correct at the time they were produced and are intended only to give a general impression of the Residences, their features, facilities and services. The climatic or environmental conditions depicted in the images are those prevailing at the time these images were created. These conditions may vary from time to time and may not represent actual conditions at any location at any given time. Individual features of the Residences depicted here may also be subject to change without notice. These images should not be construed as representations of any kind and are not intended to form part of any contract or warranty and no person may rely on them for any such purpose.

Your use of the Website is at your own risk. We do not warrant or represent that your access to the Website will be uninterrupted or error-free or that any information, data, content or other material accessible in connection with the Website will be free of viruses, bugs, malwares or other harmful components that may interfere with or damage the operation, security or functionality of your device(s).

You acknowledge that your access to the Website on your device(s) depends on the mobile network carrier or Internet. You agree that we are not responsible for any delays, interruptions or suspension of the services available through the Website which are caused by the failure of network connectivity. You also agree that we are not responsible for any malfunctions, failures, difficulties, or lost, stolen or misdirected messages, transmissions or entries, or the security of any communications entered by you. To the fullest extent permitted by law, we shall not be responsible for injury, loss or damage to your device(s), or interception, use or disclosure of confidential information (such as credit/ debit card information or other personally identifiable information), arising out of your use of the Website or any sites linked or associated with the Website.

Limitation of Liability

Notwithstanding all efforts made by us to ensure the security, functionality and accuracy of the Website, and to the fullest extent permitted by law, we shall not be liable to you or to anyone (whether in tort, contract, equity, or otherwise) for any loss or damage of whatsoever amount (including but not limited to direct or indirect loss, loss of profits or data, or special, incidental, exemplary, punitive or consequential loss) arising out of or in connection with (i) any use, reference to or reliance on any content or materials in the Website; (ii) any inaccuracies, omissions, mis-statements or errors in any content or materials in the Website; (iii) the access to or use of the Website; (iv) the access to or use of any information held on or through the Website by unauthorised third parties; (v) any delays, disruptions, defects, failures, or technical errors caused by the Website; (vi) any acts, omissions, errors, warranties, representations, breaches, or negligence of third parties or any injury, illness, death, loss, or damage arising from your use of any third party websites, applications, products or services available in the Website; or (vii) the performance or non-performance by us with respect to products or services available in the Website; even if you have been advised of the possibility of any or all of the foregoing.

Notwithstanding the above, and to the fullest extent permitted by law, you agree that in the event we are held liable for any damages related to this Website, your sole and exclusive remedy will be limited to the amount you paid for services or products. With respect to services or products provided by third parties, we disclaim any and all liability relating to them. To the fullest extent permitted by law, you hereby waive any and all rights to bring any claim or action related to this Website in any forum beyond one year after the first occurrence of the kind of act, event, condition or omission upon which such claim or action is based.

Indemnity

You agree to indemnify and keep us, our parent company, subsidiaries, affiliates, officers, directors, representatives, employees and agents indemnified from and against any liability, loss, claim, dispute, demand, damage or cost (including without limitation legal fees) which arises out of or is caused by your breach of the Terms and Conditions, your use of the Website or your violation of any laws or third party rights.

Consequences of Non-Compliance

If you fail to comply with the Terms and Conditions, without prior notice and without any liability to you or any other person, we reserve the right to take all or any of the following actions:

  • cancellation or modification of your reservation(s) or transaction(s);

  • issuance of a warning to you;

  • termination, restriction or suspension of your use of or access to any or all part of the Website;

  • commencement of legal action against you;

  • or disclosure of information about you to law enforcement authorities as we may determine in our sole discretion. The above is not exhaustive. We may take any other action in our absolute discretion.

Third Party Websites

The Website may contain information on or links to third party websites (whether through hyperlinks to third party websites or otherwise) that are subject to the relevant terms and conditions of the third party owners. These links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by us for the linked websites or the products or services provided at those websites. Please note that we are not responsible for the content of such websites or for the collection, use, maintenance, sharing, or disclosure of data and information by such third parties. You link to any such websites is at your own risk and we advise you to check the terms and conditions and privacy policies of those other websites before using them and disclosing your personal data.

Occasionally when linking to another website, you may still see the Website's logo or frame. This is to provide you with a seamless experience when visiting the Website. In these cases you are no longer on the Website and you should only link to a third party website if you are willing to accept responsibility for and the risks associated with, use of that website. You will always know what website you are on by checking the location bar within your browser.

Residence Policy

By making reservations with any Residence, you agree to comply with and be bound by all house rules, regulations, disclaimers, waivers of liability, and policies as prescribed by the Residence from time to time; all reasonable directions, orders and/or instructions imposed by the Residence; and all applicable local laws and regulations of the country where the Residence is located during your stay.

You are required to comply with the Residence’s rules and regulations relating to the use of any of the Residence’s facilities, equipment and services. The use of these facilities, equipment and services are entirely at your own risk. To the extent permitted by law, we shall not be liable for any personal injury or loss or damage to property caused to any person arising from or in connection with your use of the Residence’s facilities, equipment and services.

For safety, security and housekeeping reasons, the Residence reserves the right to enter an room at least once a day even if the “Do Not Disturb” sign is on.

Your non-compliance of any of the above will constitute a breach of the Terms and Conditions. In such an event, the Residence reserves the right to take all necessary action, including without limitation the actions set out in “Consequences of Non-Compliance” above, requiring you to leave the Residence with no compensation and/or seeking compensation for loss suffered by the Residence.

Nothing contained in the Terms and Conditions shall constitute a waiver by the Residence or shall compromise the Residence’s rights to rely on and enforce all statutory limitations, defences and powers available to it under local laws and regulations.

Governing Law

Except to the extent that other laws are applicable to you during your stay and that such application cannot be waived or altered by contract, the Term and Conditions shall be governed by and construed in accordance with the laws of Hong Kong, without giving effect to conflicts of laws, rules or principles.

Arbitration

Any dispute, controversy, difference or claim arising out of or relating to the Terms and Conditions, including the validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration under the UNCITRAL Arbitration Rules in force when the Notice of Arbitration is submitted. The appointing authority shall be the Hong Kong International Arbitration Centre. The law of this arbitration clause shall be Hong Kong law. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.

Amendment of the Terms and Conditions

The Company may amend the Terms and Conditions at any time without prior notice. Your continued use of the Website after any such amendment constitutes your acceptance of the amended Terms and Conditions. If you do not agree to the Terms and Conditions or any revised version of the Terms and Conditions, please do not use the Website.

Miscellaneous

We retain our right to exercise or enforce any right contained in the Terms and Conditions. In the event that we fail to take action, it shall not be deemed as a waiver of our right or prevent us from taking subsequent action in respect of that right or of any other right.

In the event of any provision of the Terms and Conditions being found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of the Terms and Conditions. All provisions not affected by such invalidity or unenforceability shall remain in full force and effect.

The Terms and Conditions are written in the English language and may be translated into other languages. In the event of any inconsistency between the English version and the translated version of the Terms and Conditions, the English version shall prevail. If you have any queries or concerns about the Website, please contact us to admin@oootopia.com.

Last Updated: 8 October 2018