Terms & Conditions

MyTree Terms & Conditions

Introduction

MyTree is a tree registry for documenting tree species in Hong Kong country parks. References to "MyTree" throughout these Terms shall include MyTree and its operating company and the words "we", "us" and "ours" shall be construed accordingly. Through the use of social media and collaborative software, individuals, groups and institutions are encouraged to take ownership of caring and protecting our trees. You (“You” or “Users”, and the words "Your", "Yours" and "Yourself" shall be construed accordingly) are now reading the Terms and Conditions (“Terms”), which is a legal agreement between You and MyTree regarding the use of any of our services (“Services”) via our platforms (collectively "Platforms") including but not limited to our MyTree Website at https://mytree.hk/ and TrailWatch website at https://www.trailwatch.hk/, our Facebook page and https://www.facebook.com/trailwatch, our Instagram page and https://www.instagram.com/trailwatch/ and our MyTree app, together with any updates thereto. You will be responsible for any risks associated with any sports, recreational or conservation activities.

MyTree makes no warranties and is not liable for Your use of any of the Platforms.

Please put Your own safety as first priority and follow the applicable traffic and country park laws and regulations. You shall not trespass, or attempt to gain access to a property or location where You do not have permission to be in, engage in any activity that may result in injury, death, property damage, nuisance or other liability or engage in any activity which may be subject to prosecution or constitute a crime under any applicable law. MyTree will in no way be responsible or liable for any of Your actions or for Your use of any of the Platforms.

You should not stare at any of the Platforms on Your mobile device while in motion or use any of the Platforms in potentially dangerous areas or situations.

Your mobile device's battery may drain faster than usual when any of the Platforms is used in conjunction with other apps.

These Terms apply to the use of our Services rendered by MyTree via any of the Platforms and all associated sites and distribution channels. By accessing our Platforms or by downloading or otherwise using our Platforms, You acknowledge that You have read, understood and agree to be bound by the Terms which may be revised from time to time. At any time, the latest version of the Terms can be found on our website at https://mytree.hk/.

The collection of information from You and related to the Services is governed by our privacy policy (“Privacy Policy”) at https://mytree.hk/privacy. Our Privacy Policy explains how we collect, use, and disclose information that we collect from and/or about You.

Your account may be terminated if any of the following terms and conditions are violated.

1. Use of the Services

The Services allow for the delivery, display and sharing of software, text, graphics, images, video, audio, data and other materials, including third party maps ("Maps") (collectively the "Content"), over the Platforms. To the extent that any of the Platforms is operated through or with the assistance of third party service providers, we are operating such Platforms subject to the terms and conditions of the relevant service providers.

MyTree hereby grants You a non-exclusive, non-transferrable, non-sub-licensable, worldwide and royalty-free licence to access our Platforms on Your computer or electronic device, and to download and use the applicable Platforms on Your mobile device, in each case for Your own personal viewing, use and enjoyment but not otherwise. For the avoidance of doubt, we and our licensors reserve all rights not granted to You in the Terms.

You shall not: (i) copy the design, interface or content of any of the Platforms (save and except for the copies made as required for use of the Platforms and/or Services in any manner expressly allowed under these Terms and/or upon written consent by MyTree); (ii) distribute or make any of the Platforms available over a network where it could be used by multiple devices at the same time; (iii) modify, adapt, translate, reverse engineer, make alterations, decompile, disassemble or make derivative works based on any of the Platforms; or (iv) sub-license or attempt to grant other rights in relation to the Platforms or any part thereof to any third party.

The Content is owned by MyTree, its licensors, vendors and/or agents or provided by other third party content providers, including other Users, owners of the Maps, and MyTree's partners, sponsors or affiliates. The Content is protected by copyright and shall not be used for any purpose other than those expressly provided for in these Terms without the prior written consent from MyTree and/or the relevant owner of the Content. You shall not reproduce, display, publicly perform, modify, adapt, make a derivative version of, distribute, sell, licence, sublicense or otherwise use the Content in any manner which is not expressly allowed under these Terms.

You must not change or delete any copyright and other proprietary notices contained in the Content (in particular, the copyright notice on any of the Maps) or any copy made from the Content.

Maps provided over the Platforms are licensed by Mapbox under its open licence arrangement. All uses of the Maps shall comply with these Terms and also all applicable conditions imposed by Mapbox. For details, please refer to https://www.mapbox.com/legal/tos. If You violate any part of these Terms and/or the Mapbox's conditions, Your permission to access and/or use the Content, the Services and the Platforms will be automatically terminated.

If the Content contains trademarks, logos and service marks of third parties ("Third Party Trademarks"), nothing contained in the Content should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Third Party Trademarks without the written consent from the relevant trademark proprietor(s).

The Services may include access to links, content or data from third party websites which are only provided for Your convenience and this shall not be taken as endorsement by MyTree of such content.

The Services are for Your personal use only. Without prejudice to the generality of the foregoing, the following activities are expressly prohibited: (i) collection of usernames and/or email addresses of other Users by electronic or other means for the purpose of sending unsolicited electronic messages or other unwanted communications, (ii) any use of the Services, which in our sole judgement, degrades the reliability, speed, or operation of the Services or any underlying hardware or software thereof, (iii) unauthorised collection of data using automated means (such as harvesting bots, robots, spiders or scrapers) on any Platform; and (iv) use of the Services in any manner which is unlawful or in violation of these Terms.

2. User Content

Any information or data or photos submitted to or shared through the Platforms and shared and made PUBLIC by Users ("User Content") is or is deemed to be licensed under Creative Commons licence "Attribution-NonCommercial-NoDerivatives 4.0 International". For details, please visit: https://creativecommons.org/licenses/by-nc-nd/4.0/. Note that ALL photos are automatically made public.

For any User Content You have submitted, You affirm, represent and warrant that: (i) You own or have the necessary licences, rights, consents, and/or permissions to use and authorise MyTree to use the User Content and all copyright or other intellectual property or proprietary rights subsisting therein; and (ii) You have the consent and/or permission of each and every identifiable individual person appeared in the User Content to use the name or likeness of each and every such identifiable individual person (if such consent or permission is required under the applicable laws), to enable inclusion, sharing and use of the User Content over the Platforms or in any manner as contemplated by the Services and these Terms. You also warrant that all User Content You have submitted over the Platforms will not infringe any third party's rights.

You shall be solely responsible for the User Content You have submitted and the consequences faced by MyTree as a result of Your posting, sharing or use of such User Content. You also represent and warrant that You will not: (i) interfere with or attempt to interfere with access of any User, including upload computer virus, malware or other malicious codes, overloading, flooding, spamming or mail-bombing the Services or any of its users; (ii) behave in a manner which is detrimental to the enjoyment of the Services by other Users as intended by us, in our sole judgement, including, without limitation, harassment, use of abusive or offensive language, or posting of inappropriate or misleading information or content, or with intent to mislead, posting of content that is hate speech, threatening, or pornographic, incites violence, or contains nudity or graphic or gratuitous violence; (iii) use any Platform to do anything unlawful, misleading, malicious or discriminatory; (iv) do anything that may disable, overburden or impair the proper working or appearance of any Platform and/or the normal delivery of the Services; or (v) facilitate or encourage any violations of others' rights, the applicable laws and/or these Terms.

In case Your User Content is alleged or found to be infringing intellectual property rights or other rights of any third party or otherwise violating the applicable laws and/or these Terms, MyTree shall be entitled to remove any such content or information You post or share over any Platform without notice at MyTree's own initiative or upon complaint by any third party. Further or in the alternative, MyTree may also suspend or terminate Your account as we deem appropriate.

By submitting the User Content over the Platforms, You hereby grant MyTree a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable licence to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the User Content in connection with MyTree's provision of the Services and MyTree's (and MyTree's successors') business, including but not limited to promotion or redistribution of any part or all of the User Content (and derivative works thereof) in any form and through any media channel. You also hereby grant each User a perpetual, worldwide, non-exclusive and royalty-free licence to access Your User Content through the Services if You have permitted such access through Your account settings; and to use, reproduce, distribute, make derivative works of, display and perform such User Content as permitted through the functionality of the Platforms and under these Terms. MyTree may maintain copies of any User Content for purposes of backup, security or maintenance, or as required by law.

3. Registration and Account security

MyTree Users should provide their real names and information and should not create an account for anyone other than themselves without permission. Users should not create more than one personal account. If Your account is disabled, You should not create another one without MyTree's permission.

MyTree Users should not use any Platform for commercial gain.

You must be at least 13 years old to access any of our Platforms, whether on Facebook, Instagram, our website, or through our app. If You are at least 13 years old but are not legally considered an adult in Your jurisdiction, You must ask one of Your parents (or legal guardians) to read the Terms and accept it on Your behalf, and create an account for You on the Platforms as necessary. Parents and guardians are responsible for the acts of their minor children when using an account they created, or of our Services, and You understand and agree that they will be responsible for all uses of the account and our Services by You whether or not they authorised such uses by You.

To access some of our Services or our Platforms, You may need to first create a MyTree account. Users shall not share their password or let anyone else access Your account, and You will notify us immediately of any unauthorised use of Your account. You are responsible for all activities that occur under Your account under any and all of the Platforms, whether or not You know about them. If You believe Your account is no longer secure, You must immediately notify us at our email address at info@mytree.hk.

If Users select a username or similar identifier for Your account or page, we reserve the right to remove or reclaim it as we deem appropriate (such as when a trademark or prior right owner complains about a username that does not closely relate to a user's actual name), or could be passed off as another registered entity such as but not limited to a company, institution, organisation etc. or which may cause confusion.

The User Content posted should not infringe or violate someone else's rights or otherwise violates the law. If You believe Your Content has been removed by mistake You would have an opportunity to appeal by emailing info@mytree.hk. If there is a legitimate complaint that You have infringed rights of any third party, Your account may be disabled.

You should not use similar marks including but not limited to "MyTree", "My Tree", any name that is similar or can be associated with "MyTree" and the MyTree logo unless expressly permitted with our written permission.

4. Privacy

You are encouraged to read MyTree's Privacy Policy (https://mytree.hk/privacy) to understand our policy regarding the collection and use of your personal data. You may not be able to use our Services or the Platforms unless you agree to our Privacy Policy.

5. Data Charges and Mobile Devices

You are responsible for all data-related charges that You may incur for using our Services, including, without limitation, mobile, text-messaging, and data charges. You should understand or ask Your service provider what charges You may incur before using the Services.

6. Indemnity

You agree to indemnify and hold harmless all and any of MyTree and its affiliates, officers, directors, employees, agents, contractors, and other representatives (a “MyTree Party”, collectively “MyTree Parties”) from any and all claims, actions, demands, losses, damages, liabilities, costs and expenses (including, without limitation, attorneys’ fees, costs and expert witnesses’ fees) arising or resulting from, related to, or incidental to Your use of the Services and/or the Platforms.

In case any claim, demand, suit or proceeding has been filed against MyTree in relation to Your use of the Services and/or Platforms, MyTree may notify You of any such claim, demand, suit, or proceeding and may defend and/or resolve any such claim, demand, suit or proceeding at its own discretion subject to Your indemnification. You agree to reimburse us for any payments made or loss suffered by us, whether in a court judgement or settlement, based on any matter covered by this Indemnity clause. In such case, You shall cooperate with any reasonable requests from MyTree and provide all necessary assistance to help MyTree defend and/or resolve such matters.

7. Disclaimer of Warranty and Limitation of Liability

MyTree makes no representations or warranties about the accuracy, suitability, reliability, timeliness and completeness of the Platforms, Services and Content. In particular, MyTree disclaims all warranties, either expressed or implied, regarding the Platforms and its operation (whether alone or in conjunction with any device) as well as its merchantability, fitness for purpose and non-infringement.

The Platforms, Services and Content are provided on an as is and as available basis without any warranties and MyTree further makes no warranty that they are free of computer viruses, bugs or similar contamination; or errors, mistakes or data interruption or delay.

To the maximum extent permitted by applicable law, any and all MyTree Parties shall not be liable in any way for any loss or damage arising from or in any way related to Your access or use of the Platforms, Services or Content or to these Terms.

8. Termination

MyTree may terminate the Services or Your account at any time at its sole discretion with or without notice to You.

You may also terminate Your account at any time. You are responsible for the termination of the account and MyTree is not responsible for the failure to properly terminate Your account.

Upon termination, all legal rights and licences granted to You hereunder shall terminate immediately and You shall cease all use of the Platforms, Services and Content. However, the User Content You have shared or published on or through the Platforms may continue to appear even after the relevant User Content is removed by You or after termination of Your account.

All clauses of these Terms that may be reasonably interpreted to or are intended to survive the account termination will survive after Your account is terminated.

MyTree has no control over User's actions on the Platforms nor is it responsible for User Content shared or posted, and is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable User Content or information You may encounter. MyTree does however reserve the right to remove such User Content and disable the account of relevant Users.

9. Acknowledgement of Understanding

You represent and warrant that: (i) You have the authority to bind Yourself to these Terms; (ii) Your use of the Services and/or the Platforms will be solely for purposes that are permitted by these Terms; and (iii) Your use of the Services and/or the Platforms will comply with all applicable laws and regulations.

10. Governing Law & Jurisdiction

These Terms shall be governed by the laws of the Hong Kong Special Administrative Region. You consent to submit all disputes and claims arising from these Terms through binding, individual arbitration by the Hong Kong International Arbitration Centre (“HKIAC”) under the HKIAC Administered Arbitration Rules in force when the notice of arbitration is submitted. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English. You and we each waive any objection to jurisdiction and forum choice.

11. Severability

All clauses under these Terms are severable. If any provision or clause in these Terms is invalid or unenforceable in any jurisdiction, those provisions will be enforced only to the furthest extent possible under applicable law, and the remainder of these Terms shall remain valid and enforceable.

12. Assignment and Transfer

MyTree may assign or transfer its rights and obligations under these Terms to any party, in whole or in part, at any time without notice. You are not allowed to assign or transfer Your rights and obligations hereunder, in whole or in part, to any party.

These Terms shall be binding upon and enure to the benefit of our successors and assigns.

13. Amendment of these Terms

MyTree reserves the right to modify or amend these Terms from time to time without notice. Your continued use of the Services and/or the Platforms following the posting of changes of these Terms will mean that You agree and accept those changes.

14. Entire Agreement

These Terms and any other document or information referred to in the Terms constitutes the entire and exclusive understanding between You and us regarding the Services and Platforms and supersede any and all prior oral or written understandings or agreements between You and us regarding the Services or the Platforms.

15. No Waiver

Your and our actions or inactions will not create any other rights under these Terms except as what is explicitly written within these terms. Our failure to enforce any right or provisions of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by one of our duly authorised representatives. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

16. Third Party Rights

Subject to Clause 12 (Assignment and Transfer) above, a person who is not a party to these Terms will have no right under to enforce any of its terms.

17. Contacting MyTree

If You have any questions or concerns about these Terms, please feel free to contact MyTree at info@mytree.hk.

If there is any discrepancy between the English and Chinese versions of these Terms, the English version shall prevail.