1. Definitions
In these terms and conditions, the following words and expressions have the following meanings:
BMO : means the building management office of the Site assigned by the developer or the owners' corporation, which formed under the Building Management Ordinance or any third person in charge for the management of the Site;
Content :

means any content in whatever language, format or medium that can be accessed by the User by means of the Wireless LAN Service, including but not limited to all text, pictures, sounds, graphics, video, diagrams, symbols, software and other data or goods or services, whether belonging to the User, the BMO or any third party;

Designated Area :

means the specific areas in the Site acknowledged by the BMO, with the provision of Wireless LAN Service;

Login Information : means the identification, login password, or any other information required to gain access to the Wireless LAN Service, provided by the BMO to the User;
Service Equipment : means all equipment, cabling facilities and systems provided and installed in order to provide the Wireless LAN Service, including but not limited to the wireless LAN access points, switches, authentication systems and antennas;
Site : means designated estates/hotels developed by Henderson Land Development Limited. Please refer to list of estates/hotels as stated in www.tgtnet.com;
User : means the tenant of the Site or any guest or other third party who gain s access to the Wireless LAN Service with Login Information;
Wireless LAN Service : means the wireless local area network (LAN) service provided to the Site, including but not limited to, the coverage of wireless LAN network and the wireless LAN internet access at u ser level.
1.1 Unless the context requires otherwise, words importing the singular include the plural and vice versa, words importing a gender include every gender and references to any person shall include references to an individual firm, or body corporate or incorporate.

2. Services Provision
2.1 The BMO reserve s the rights to suspend and/or terminate the Wireless LAN Service or suspend and/or terminate the User's access to the Wireless LAN Service at any time without prior notice to the User:
   
(i) in order to carry out system maintenance, upgrade, test and/or repair the Service Equipment;
(ii) to substitute, rearrange, alter or reconfigure the Service Equipment; and/or
(iii) upon a breach of these terms and conditions by the User, if such breach persists despite on warning having been given to the User or without warning where such action is appropriate given the nature of such breach .
2.2   The BMO reserves the rights at all times to:
   
(i) expand, reduce and/or modify any part of the Wireless LAN Service and/or Content; or
(ii) change the se terms and conditions at any time, and/or amend any operating rules which govern the User's use of the Wireless LAN Service, by notifying (“Notification”) the User of such amendments via post or notice at the public area in the Site or any other reasonable ways.
    Any continued use of the Wireless LAN Service by the User after such N otification have been made, shall constitute the User's acceptance of and agreement to the amendments so notified.
3. Limitation of Liability
3.1 The BMO shall not be liable to the User for interruption of the Wireless LAN Service or for any other loss, cost or damage s caused by or related to the violation of these terms and conditions.
3.2   To the extent permitted by the laws of Hong Kong, the BMO disclaims any implied representation or warranty:
   
(i) as to the title, fitness for a particular purpose, merchantability, accuracy, completeness, non-infringement or standard of quality of the Wireless LAN Service and any Content;
(ii) that the Wireless LAN Service will be uninterrupted, error free, virus free or reliable; or
(iii) as to the results to be obtained from using Wireless LAN Service and/or any Content.
3.3   In the absence of gross negligence or deliberate act of the BMO and to the extent permitted by the laws of Hong Kong, the BMO hereby expressly exclude s any liability for:
   
(i) any damage to or loss of data from any computer system suffered by the User arising from his use of the Wireless LAN Service and/or any Content, including but not limited to any configuration or installation activities required for accessing the Wireless LAN Service;
(ii) any claim based on contract, tort or otherwise for any direct or indirect loss of revenue and contracts, loss of profits, damages, costs, expenses or other claims for consequential compensation whether or not foreseeable as a consequence of a breach of th ese terms and conditions ;
(iii)   any claim relating to any part of the Wireless LAN Service and/or any Content supplied, provided, sold or made available by or through BMO (or any failure or delay to so supply, provide, sell or make available); and
(iv)   any disruption or suspension of the Wireless LAN Service or any part thereof.
3.4   In the absence of a gross negligent or deliberate act by BMO or its affiliates, employees, agents or sub-contractors, BMO hereby expressly exclude s any liability for any injury, disease, seizure or loss of consciousness whether of a physical or psychological nature suffered by the User or any other third person, whether arising directly or indirectly from accessing and using any of the Wireless LAN Services, including but not limited to playing any computer games accessed through or downloaded using the Wireless LAN Service.

4. Customer Obligations
4.1 The User shall be responsible for his use of the Wireless LAN Service and shall compl y with these terms and conditions.
4.2   If the User becomes aware of a defect, fault or impairment in the provision of the Wireless LAN Service or with the Service Equipment, the User shall promptly notify the BMO of such defect, fault or impairment.
4.3   If it is determined that any defect, fault or impairment is a result of:
   
(i) the negligence, wilful acts, omissions, or faults of the User;
(ii) User's breach of any of these terms and conditions ; or
(iii) the malfunction or failure of any equipment or devices use by the User,
    The User shall be liable for any and all damages to the Service Equipment and the BMO is entitled to recover from the User all reasonable costs incurred in remedying such defect, fault or impairment.
4.4   The User shall not:
   
(i) disclose any of the Login Information to any unauthorized part y or third person;
(ii) add, modify, relocate, reconfigure or in any way interfere with the Service Equipment;
(iii)   remove, tamper with or obliterate any words or labels from the Service Equipment or any parts thereof;
(iv)   part with, transfer nor sub-license any of his rights to use the Wireless LAN Service. If the User becomes aware of any unauthorised access to the Wireless LAN Service, the User shall immediately notify the BMO. In any event, t he BMO shall not be liable for any loss or damage s the User sustain s by reason of any such access to the Wireless LAN Service;
(v)   copy, distribute, publish, transmit or otherwise exploit any Content unless the User own s that Content or possess an appropriate licence. Save to the extent permitted by th ese terms and conditions and by law, the User shall not , including but not limited to, transmit software that may cause damage to or failure of equipment, Service Equipment or data of BMO or that of any other persons, us e the Wireless LAN Service to upload a computer virus or any harmful software application or engage in denial of service attacks;
(vi)   use the Wireless LAN Service to publish, deliver, broadcast or circulate any spam, including but not limited to commercial, illegal, improper, immoral, defamatory, unsolicited advertising or promotional information, or any content that is obscene, indecent, seditious, offensive, threatening, liable to incite racial hatred, discriminatory, menacing or in breach of confidence, or in violation of any intellectual property or other rights, whether belonging to BMO or to any third party;
(vii)   send any messages via the Wireless LAN Service, promoting goods or services to a recipient not at the request, or with the agreement, of that recipient; or
(viii)   hack, break into, access, use or attempt to hack, break into, access or use any part of the Wireless LAN service without authorisation.
4.5   The User acknowledge s and agree s that:
   
(i) the Wireless LAN Service is supplied on an “as is” basis;
(ii) the provision of the Wireless LAN Service may be subject to configuration and/or installation of the User's device in accordance with the specification as set out by the BMO, including but not limited to wireless LAN access card, laptop, handheld device;
(iii)   prior to configuration and/or installation activities under Clause 4.5 (ii), the User shall back up data on his device. BMO shall not be responsible for loss of data or damage caused by such configuration and/or installation activities in any circumstances ;
(iv)   T he use of or reliance upon any Content obtained via the Wireless LAN Service is entirely at the User's own risk;
(v)   save for any Content generated by the User or a third party, as between the User and BMO , the intellectual property rights of all Content on the Site belongs to the BMO, and the User shall not reproduce any part of that Content save for downloading to a local hard disk, or printing extracts of the Content, for his personal use only;
(vi)   the affiliates, agents or contractors of the BMO may provide any part of the Wireless LAN Service or perform any of its duties hereunder.;
(vii)   the BMO and its affiliates, agents or contractors take no responsibility and assume no liability for the content of the Site or for anything posted on or linked to it, including but not limited to, any mistake, error, omission, defamation, infringement or falsehood which might offend or otherwise give rise to any claim or complaint.

5. Other terms and conditions
5.1 If any provision of th ese terms and conditions shall be 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 th ese terms and conditions and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. The parties hereby agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the economic legal and commercial objectives of the invalid or unenforceable provision.
5.2   The User agree s to indemnify the BMO for all losses, damages, or expenses (including legal and other professional advisor's fees) incurred by the BMO in connection with the breach or enforcement against the User of th ese terms and conditions .
5.3   T h ese terms and conditions are subject to the laws of Hong Kong and the parties submit to the non-exclusive jurisdiction of the Hong Kong courts.
5.4  

These terms and conditions are in both English and Chinese versions . The English version shall prevail in the events of any discrepancy between the two versions.