1.

In these Terms and Conditions -

"claims" means all claims, liability, actions, proceedings, damages, losses, costs and expenses, including legal fees;

"content" means the content on the HKMS website or a linked third party website, as the case may be, including the information, texts, icons, logos, illustrations, hypertext links, HTML codes, data and information compilations, trade or service marks, software, photographs, designs, graphics, images, still pictures, series of moving pictures (whether animated or not) available from the HKMS website;

"customer" means any individual, body of persons, corporate or unincorporated placing an Order;

"Digital Map" means map or map image or compilation of map data in digital form produced by the Survey and Mapping Office and supplied to the customer under the "Licence Agreement for using Government Digital Map" and/or "Terms and Conditions on the Use of Digital Map from Survey and Mapping Office, Lands Department", they include, Digital Topographic Map, Data Dictionary of Digital Topographic Map, Digital Land Boundary Map, Data Dictionary of Digital Land Boundary Map, Geo-Reference Database, GeoCommunity Database, Digital Aerial Photo, Digital Orthophoto, 3D Spatial Data and e-Hong Kong Guide;

"HKMS" means Hong Kong Map Service;

"Hong Kong" means the Hong Kong Special Administrative Region of the People's Republic of China;

"Hong Kong Map Service" means the Hong Kong Map Service website of the Survey and Mapping Office, Lands Department;

"Licence Agreement for Using Government Digital Map" means the Licence Agreement for using Government Digital Map made between a customer and the Government pursuant to which the Digital Map are supplied to the customer;

"linked third party website" means any website linked to or accessible via the HKMS website;

"Order" means a request for a Digital Map or a Paper Map placed via the HKMS website;

"Paper Map" means map or map image or compilation of map data in paper form produced/reproduced by the Government and supplied to the customer though Order placed at the HKMS website, they include but not limited to, Topographic Maps, Street/Place Guides, Countryside Maps, Flying Charts, Thematic Maps, Image Maps and Aerial Photographs;

"personal data" means the personal data (as defined in the Privacy Ordinance) of a user held by the Survey and Mapping Office;

"personal information" means the personal information that a user is required to submit upon registration as a Registered User and/or before placing an Order;

"persons" includes natural persons, firms, partnerships, companies, corporations, associations, organisations, governments, states, foundations and trusts (in each case, whether or not having separate legal capacity);

"Privacy Ordinance" means the Personal Data (Privacy) Ordinance (Chapter. 486 of the Laws of Hong Kong);

"Registered User" means a user who has registered as a user of the HKMS;

"related persons" means all and any officers, representatives, servants and employees of the Survey and Mapping Office;

"Services" means the services provided by the Survey and Mapping Office in relation to HKMS website;

"SMO", "we" and "us" means the Survey and Mapping Office;

"Terms" means the terms and conditions set out and/or related to this website;

"Terms and Conditions on the Use of Digital Map from Survey and Mapping Office, Lands Department" means the document "Terms and Conditions on the Use of Digital Map from Survey and Mapping Office, Lands Department" for Government users to follow;

"The Government" means the Government of Hong Kong;

"The Survey and Mapping Office" means the Government as represented by the Survey and Mapping Office of the Lands Department;

"user" and "you" means the person accessing the HKMS website;

2.

These are the terms and conditions under which you may access and use the HKMS website. For the avoidance of doubt, (a) the Privacy Policy Statement, (b) the Disclaimer, (c) the Copyright Notice, (d) "Licence Agreement for Using Government Digital Map" and (e) "Terms and Conditions on the Use of Digital Map from Survey and Mapping Office, Lands Department" form parts of these Terms. Please read them carefully. By using the HKMS website, registering as a Registered User and/or placing an Order, you agree to be bound by the Terms.

3.

The Survey and Mapping Office is entitled to revise these Terms at any time by updating this posting. You should therefore visit the Terms periodically to ensure you are aware of the most up to date Terms. You are responsible for doing so.

4.

You agree to indemnify and keep the Government and all related persons fully and effectively indemnified from and against all demands, claims, actions, proceedings, liabilities, loss, damages, costs and expenses arising out of any breach by you of any of these Terms or your access to and/or use of the HKMS website including all Orders you placed.

5.

Subject to payment and compliance with all provisions in these Terms and any other directions displayed on the relevant web pages, the HKMS will be available to the public and all government departments/bureaux of Hong Kong.

6.

If a user needs to gain access to the HKMS through an Internet service provider, the user shall at his own cost and expense make his own arrangements with the Internet or other telecommunication service provider for the connection and disconnection of such access to the HKMS.

7.

Different classes of products and services may be restricted to different classes of users at the absolute discretion of the Survey and Mapping Office. Subject to any change without prior notice, the operation and service hours of the HKMS website are twenty four hours seven day week basis (i.e. 7 days x 24 hrs).

8.

When you access the HKMS website you will be asked if you wish to register as a Registered User with HKMS website.

In registering as a Registered User, you represent and undertake:

• you have registered using true, accurate and up to date personal information
• you have registered with your own personal information and not that of any other person
• to inform us, by updating your personal information online, if there is any change in your personal information so that we can ensure it remains accurate and up to date

9.

If you register as a Registered User, we will use your personal information, together with the other information we collect prior to Order, to process your Order. If you are not registered, we will also need to collect your personal information prior to the placing of your Order. With regard to this personal information, you represent and undertake:

• that it is true, accurate and up to date
• it is your own personal information and not that of any other person
• to inform us, by updating your personal information online, if there is any change in your personal information so that we can ensure it remains accurate and up to date

10.

If you provide any personal information that is untrue, inaccurate, incomplete, not up to date or misleading in any respect (or we have reasonable grounds to suspect this is the case), we have the right to suspend or terminate your account and to refuse any and all of your current or future use of the HKMS website (or any portion thereof).

11.

All fees or charges chargeable to any product or service of the HKMS website are in Hong Kong currency. All transactions relating to the HKMS website shall be made in Hong Kong currency.

12.

You may select one of the permitted modes of payment displayed on the relevant web pages. You shall ensure appropriate arrangements with the relevant financial institution as to confirmation, approval or authorization necessary for payment of your Order.

13.

If you make use of any online payment processing platform we provide on the HKMS website, the Government shall not be liable for and in respect of any loss or damage (including indirect and consequential losses and damage) suffered by reason of or in connection with any:

• failure, delay, interruption, suspension or restriction of the transmission of any information or message from any payment service provider or financial institute or HKMS website for the purpose of effecting, handling or processing the debit/credit card transactions or other payment-facilitating mechanism;
• error in or omission from any information or message transmitted from the said payment service providers or financial institutes or HKMS website; and/or
• breakdown, malfunction or failure of those payment systems of payment service providers or financial institutes; payment-facilitating mechanisms or HKMS website.

14.

The Survey and Mapping Office may recover from you any fee or charge of an executed Order which has not been effectively paid or credited to the Survey and Mapping Office by the relevant financial institution of your card or card account and all costs and expenses incurred by the Survey and Mapping Office in that connection together with interest.

15.

Fees and charges payable on various types of products and services provided by the HKMS website shall be at such rates from time to time published by the Survey and Mapping Office at the websites at http://www.landsd.gov.hk and at http://www.hkmapservice.gov.hk. All fees and charges are subject to change without prior notice.

16.

Fees and charges shall be fully paid by you by cash, cheque, bank draft or general demand note or charged to your credit card or other card account for online or electronic payment before your Order is executed.

17.

All fees and charges paid by a user or charged to a user for any product or service provided under HKMS website shall be non-refundable. Remedy shall be restricted to a replacement of the product or service only.

18.

The Survey and Mapping Office may from time to time without prior notice impose a limit on the total value of or the total quantity of each Order or Orders from a particular user at any one time or at any interval of time. Such limitation may be built in the HKMS website without being shown on any web pages. All Orders placed by that user shall be subject to such limitation.

19.

HKMS website supports the use of 256-bit Secure Socket Layer (SSL) encryption technology which is an industry standard for data encryption over the Internet.

20.

The user must satisfy himself with security measure adopted by the relevant financial institution of his card or card account as regards the use of a credit card or any other card for online or electronic payment to the Survey and Mapping Office before he employs a particular mode of online or electronic payment.

21.

If any particular protocol of a security measure or its abbreviation (e.g. SSL = Secure Socket Layer) is named on the screen layout in relation to any particular mode of online or electronic payment, it is only based on the information provided by the relevant financial institution. The Survey and Mapping Office shall not accept any liability or responsibility to the user for any loss or damages, whatsoever and howsoever, suffered by a user choosing that particular mode of payment.

22.

The Government shall not be liable or responsible for any fraud or unlawful activities of a third party arising out of or in connection with your use of the HKMS website or any loss and damages suffered by the user as a result thereof.

23.

The Survey and Mapping Office may without any prior notice reject, suspend or cancel any request for Order or the execution of any Order whenever the HKMS website detects any sign, message or signal suggesting or indicating that the hardware or software of the HKMS website and its connected system, network, equipment or device might be exposed to any risk of being adversely affected, disturbed or damaged, whether physically or functionally, directly or indirectly, temporarily or permanently.

24.

A Post Office Box shall not be accepted as an address for delivery. An Order that states a Post Office Box as the address for delivery shall be rendered invalid for all purposes.

25.

All Digital Maps obtained by a user from the HKMS website are governed by the provisions in the "Licence Agreement for Using Government Digital Map" and/or "Terms and Conditions on the Use of Digital Map from Survey and Mapping Office, Lands Department".

26.

You shall not use the HKMS website or any Digital Map and Paper Map obtained thereunder for any activity which is unlawful or illegal, or which is objectionable as determined by the Survey and Mapping Office absolutely. In particular, they shall not be used for any activity or purpose in violation of any provisions of the Personal Data (Privacy) Ordinance (Cap.486) or the Copyright Ordinance (Cap.528).

27.

If you are a user outside Hong Kong, you shall ensure that the Digital Map and Paper Map, ordered by you from the HKMS website may be lawfully transmitted or delivered to the destination named by you, and that all necessary import/export declaration or tax procedure has already been cleared by you for yourself as well as for the sender of the product or the supplier of the service.

28.

The Government shall not be responsible to the user or any third party for any loss or damages, whatsoever and howsoever, arising out of or in connection with your access to the HKMS website. Without limiting the generality of the foregoing statement, the Government shall not be responsible for any loss or damages arising out of or in connection with the following:

• any breakdown, suspension, non-function, mal-function, or any other fault or interruption of operation of the HKMS website and its connected system, network , equipment or device;
• any error, omission, inaccuracy or deficiency of data arising out of or in connection with the processing or transmission of data via the HKMS website or its connected system, network, equipment or device;
• any suspension or delay in execution of any Order or provision of any service under the HKMS website; and
• any damage caused to the hardware or software of your network, computer, modem, telephone system, equipment or device as a result of your access to the HKMS website

29.

The Government gives no warranty and makes no representation that any Digital Map or Paper Map or service ordered by you shall be delivered in time or on time or suitable for any specific purpose or purposes or your need. For the avoidance of doubt, delay (if any) in delivery or otherwise shall not entitle you to cancel an Order or claim a refund or seek relief of any kind against the Government.

30.

Provision in clauses 28 and 29 above are additional to and without prejudice to the Disclaimer.

31.

For users who pay by means of cash, cheque, bank draft or general demand note with instantaneous payment to the Survey and Mapping Office, the Order shall be deemed to have been concluded at the moment the payment is accepted by the Survey and Mapping Office.

32.

For users who pay by means of debit/credit card or similar device, the Order shall be deemed to have been concluded at the moment the relevant financial institution has effectively conveyed to the Survey and Mapping Office its confirmation, approval or authorization of the payment of the particular Order or transaction.

33.

In all cases the agreement between the user and the Lands Department shall be, or be deemed to be, a contract made in Hong Kong.

34.

The Government's liability, if it is so held liable despite these Terms, to the user in relation to the Digital Map, Paper Map and/or services shall be limited to the amount of the price paid by the user for the relevant Digital Map, Paper Map and/or services.

35.

The HKMS website is accessible in an English language version and two Chinese language versions (Traditional Chinese version and Simplified Chinese version). In the event of any conflict or inconsistency between these versions, the English version shall prevail.

36.

Each user undertakes to the Survey and Mapping Office to comply with all laws, statutes and regulations whether of Hong Kong or elsewhere which apply to that user's use of the HKMS website and/or any transactions conducted on or via the HKMS website including the placement and fulfillment of Orders.

37.

These Terms and all other documents referred to in these Terms (including without limitation the Copyright Notice) shall be governed by and construed in accordance with the laws of Hong Kong.

38.

Users irrevocably submit to exclusive jurisdiction of the Hong Kong courts in relation to any matter arising out of or in connection with these Terms and/or any other documents referred to in these Terms.

39.

These Terms set out the entire agreement between users and Lands Department relating to the subject matter hereof.

40.

You acknowledge and agree that in agreeing to these Terms, you do not rely on, and shall have no remedy in respect of, any statement, undertaking, representation, warranty or understanding made or given by the Survey and Mapping Office other than those expressly set out in these Terms.

41.

These Terms may only be varied in writing signed by an authorized representative of The Survey and Mapping Office.

42.

If any of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other Terms which shall remain in full force and effect.

43.

Any Terms ("the Prior Terms") previously in force prior to the Terms posted on the HKMS website ("the Current Terms") shall cease to have effect from the date of the posting of the Current Terms, provided that such cessation shall not affect the accrued rights and obligations of users and the Survey and Mapping Office under the Prior Terms prior to the posting of the Current Terms.

44.

As a Registered Users, you are responsible for keeping your user account and password confidential. You are encouraged to change the password periodically. You are responsible for all activities that occur under your user account and password and agree to indemnify the Government or in relation to all related persons from and against all demands, claims, actions, proceedings, liabilities, loss, damage, costs and expenses arising out of your use of the HKMS website or the use of the HKMS website by any person using your user account, your password and/or your personal information.