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CloseTerms & Conditions

Last Updated: 29 July, 2013

By using the i-marker web site at http://www.i-marker.com and http://www.i-marker.co (the i-marker web site), you are agreeing to be bound by these terms of use between you and i-marker Global Corporation. (for and on behalf of itself and its affiliates (“i-marker”, “us” or “we”)) (the i-marker web site Terms of Use).

If you have downloaded the i-marker app, you have also agreed to be bound by the i-marker app terms of use, which is detailed at http://www.i-marker.com/en/#/home and http://www.i-marker.co/en/#/home.

Whether you are an i-marker Member (as defined in the i-marker Terms of Use) or not, you must use the i-marker web site in accordance with the i-marker web site Terms of Use.

You agree to use the i-marker web site only for your personal or household use. If you are using the i-marker web site on behalf of a company, partnership, association, government or other organisation, you represent and warrant that you are authorised to do so and that you are authorised to bind your organisation to the i-marker web site Terms of Use.

We may from time to time issue, revise or add specific instructions, policies and terms applicable to your use of the i-marker web site. and these instructions, policies and terms form part of the i-marker web site Terms of Use.

We regularly review the i-marker web site Terms of Use and may from time to time revise it or add specific instructions, policies and terms. Where any changes to the i-marker web site Terms of Use are material, we will try to notify you. By continuing to use the i-marker web site after any amendment to the i-marker web site Terms of Use, you are agreeing to the i-marker web site Terms of Use as amended.

Please read the i-marker web site Terms of Use carefully and come back to review them from time to time. If you have any questions about the i-marker web site Terms of Use, please contact us at .

The i-marker web site

The i-marker web site is intended to promote and provide information about the i-marker app, a tool which allows users to interact with Merchant Partners (as defined below) through the use of i-markers and QR codes. Please see https://itunes.apple.com/hk/app/i-marker/id414429121?mt=8 or https://play.google.com/store/apps/details?id=com.focusimaging.android.DDML to download the i-marker app.

You agree to use the i-marker web site only for lawful purposes. You agree not to take any action that might compromise the security of the i-marker web site, render the i-marker web site inaccessible to others or otherwise cause damage to the i-marker web site or its content. You agree not to attempt to access any parts of the i-marker web site that are not intended for you. You agree not to use the i-marker web site in any manner that might interfere with the rights of third parties.

i-marker Members may use the i-marker web site to access and manage their i-marker accounts. If you are an i-marker Member, you agree that your account is personal to you and you shall not gift, lend or transfer your account to any person.

Your account name remains our property and we can reclaim and reuse the account name once your account is terminated or deactivated for whatever reason by either you or us. You are responsible for safeguarding any passwords used to access your account and the i-marker web site. You will promptly notify us at if you believe that your password or account has been compromised.

Merchant Partners

Businesses that use the i-marker app and/or the i-marker web site to advertise and promote their goods and services (Merchant Partners) use the i-marker web site to:

  • communicate with you in a contextually relevant way by delivering (or linking to) advertising, marketing and promotional materials you (whether by messaging or display advertising within the i-marker web site or by separate delivery of emails, SMSs or other forms of communication), including coupons, vouchers, gift certificates, prepaid access and tickets and offers to join Merchant Partner Loyalty Schemes (as defined below) (i-marker Marketing and Promotional Materials);
  • offer you membership in Merchant Partner Loyalty Schemes (as defined below) allowing you to use the i-marker app to collect loyalty or bonus points relating to that Merchant Partner; and
  • enter into transactions with you for the sale of goods and/or services.

If you enter into any transactions with Merchant Partners through the i-marker web site, it is important to understand that i-marker is not responsible for and does not monitor these transactions. We recommend that you carefully review the terms of any transactions with Merchant Partners and ask them any questions you may have about these terms. Please also note that any payments made through the i-marker web site are not our responsibility. You hereby irrevocably release us from any claims that you may have in relation to any transactions with Merchant Partners.

These i-marker web site Terms of Use shall, as between you and us, prevail in the event of any inconsistency with any terms and conditions, undertakings or notifications made by or on behalf of any Merchant Partner.

i-marker Marketing and Promotional Materials

It is important to understand that i-marker is not responsible for and does not monitor i-marker Marketing and Promotional Materials, whether in relation to their content, their security or otherwise.

We act only as a service provider for the Merchant Partners in relation to the i-marker Marketing and Promotional Materials and we do not endorse, support or guarantee the lawfulness, accuracy or reliability of the i-marker Marketing and Promotional Materials or any other content or information transmitted, displayed or communicated to you through the i-marker web site. The relevant Merchant Partner is responsible for any invitation to treat, offer, inducement, promise or proposal made in relation to any i-marker Marketing and Promotional Materials and for any transactions which may result from your acceptance of any such invitation to treat, offer, promise or proposal. You hereby irrevocably release us from any claims that you may have in relation to any of the foregoing.

Please note that it may be the case that, depending on your location, the goods or services offered, advertised or promoted through i-marker Marketing and Promotional Materials are not available in your jurisdiction.

You acknowledge and agree that by using the i-marker web site you may be exposed to content which is inaccurate, misleading, defamatory, offensive or unlawful. Please confirm with the relevant Merchant Partner before placing any reliance on any content or information received through the i-marker web site.

If you think that any i-marker Marketing and Promotional Materials or any other content or information received by you through the i-marker web site is inaccurate, misleading, defamatory, offensive or unlawful, or if you have any other concerns about it, please contact us at and provide us with details of the content or information in question and your specific concerns.

Merchant Partner Loyalty Schemes

Some of our Merchant Partners may offer you membership in loyalty schemes which will allow you to accumulate bonus and reward points and receive other incentives from the Merchant Partner, through continued patronage, customer referral or other incentives, including airline miles programs and hotel frequent guest programs (Merchant Partner Loyalty Schemes). Please note that Merchant Partner Loyalty Schemes may be a distinct loyalty scheme or may be supplementary to the Merchant Partner’s own separate loyalty scheme.

Without limiting the terms and conditions above in relation to i-marker Marketing and Promotional Materials, please note that we cannot accept responsibility for any Merchant Partner Loyalty Schemes or any invitation to treat, offer, inducement, promise or proposal made by any person in relation to any Merchant Partner Loyalty Scheme or for any transactions which you may enter into as a consequence of your joining any Merchant Partner Loyalty Scheme.

Merchant Partner Loyalty Schemes are subject to separate terms and conditions agreed between you and the Merchant Partner. Please make sure you understand the Merchant Partner’s terms and conditions of participation before joining or applying to join. Please do ask the Merchant Partner any questions you may have about how the Merchant Partner Loyalty Scheme works.

Privacy Policy

Your privacy is very important to us. Our Privacy Policy at http://www.i-marker.com/en/#/home is incorporated into and forms part of the i-marker web site Terms of Use.

Intellectual property rights

All intellectual property rights in the i-marker web site (including any future updates, upgrades and new versions) and any connected or related applications, systems and services shall continue to belong to us and our licensors. You have no right to use our intellectual property rights except to the extent expressly provided in the i-marker web site Terms of Use. In particular, you have no right to use our trade marks or product names, logos, domain names or other distinctive brand features without our prior written consent. Any comments or suggestions you may provide regarding the i-marker web site are entirely voluntary and we will be free to use such comments and suggestions in our discretion without any obligation to you.

We grant you a personal, non-exclusive, non-sublicensable, non-transferrable, royalty-free and revocable licence to use the i-marker web site only in accordance with the i-marker web site Terms of Use.

You may not copy, modify, reverse engineer or extract any information, source codes or underlying HTML from the i-marker web site or any connected or related applications, systems or services, except to the extent that we may not prohibit you from doing so under applicable law or you have our prior written consent to do so. You will not use the i-marker web site in conjunction with any application or other technology that attempts to do any of the foregoing or which otherwise causes the i-marker web site to operate in an unauthorized manner.

All intellectual property rights in the i-marker Marketing and Promotional Materials and other content and information received by you through the i-marker web site shall remain the property of its owners. In particular, software that you may be able to download from the i-marker web site may be subject to separate licence terms and conditions between you and the relevant third party software vendor (or with us, as the case may be).

Warranty and disclaimer

We warrant that we will provide the i-marker web site and the services relating to it using reasonable care and skill. However, apart from this warranty, we make no representation or warranty and give no undertaking in relation to our services, our software or any content submitted, transmitted or displayed by our services, including any representation, warranty or undertaking that the i-marker web site or any software, content or information provided to you by it (including i-marker Marketing and Promotional Materials) will be uninterrupted, secure or error-free or that the i-marker web site will be compatible with your device or any software operating on it or be of merchantable quality or fit for a particular purpose. The i-marker web site is provided on an “as is” and “as available” basis.

Liability

The total aggregate liability of us and our affiliated companies in connection with the i-marker web site, arising out of any circumstances, shall be limited to USD100.

In no event will we be liable to you for any indirect, special, consequential or punitive damages or for any loss of business, revenues, profits, goodwill, content or data or for the acts or omissions of any Merchant Partner, including any transactions entered into by you with Merchant Partners.

Nothing in the i-marker web site Terms of Use shall limit or exclude any liability for any loss arising from death or personal injury caused by negligence, for fraudulent misrepresentation or for any other liability, to the extent that any such liability cannot be limited or excluded by law.

You agree to indemnify us and hold us harmless against any liability or loss incurred by us arising in connection with your breach of these i-marker web site Terms of Use.

General

These i-marker web site Terms of Use are the entire agreement between you and us in relation to the i-marker web site. You agree that you will have no claim against us for any statement which is not explicitly set out in the i-marker web site Terms of Use. No delay in enforcing any provision of the i-marker web site Terms of Use shall be construed to be a waiver of any rights under that provision. Any rights and obligations under the i-marker web site Terms of Use which by their nature should survive, including but not limited to any obligations in relation to the liability of the respective parties, will remain in effect after termination or expiration of the i-marker web site Terms of Use.

These i-marker web site Terms of Use and any dispute or claim arising out of or in connection with the i-marker web site Terms of Use shall be governed by the laws of the Hong Kong Special Administrative Region. All legal proceedings arising out or in connection with the i-marker web site Terms of Use shall be non-exclusively brought in the courts of the Hong Kong Special Administrative Region.

Where there is any inconsistency between the English and any other language versions of the i-marker web site Terms of Use, the English version will prevail to the extent of such inconsistency.

Corporate Transfer

As we continue to develop our business, we may be acquired by a third party, re-organize our group structure or acquire another business. We may transfer all or any part of our rights and obligations under the i-marker web site Terms of Use to any affiliated company or to any acquirer of all or any substantial part of our assets or the business line to which the i-marker web site relates.

Our Policy Towards Children

The i-marker web site is not intended for use by children. Unfortunately, we cannot always determine the age of an i-marker web site user, but please do not use the i-marker web site if you are under 18 years of age.

Contact Us

If you have any questions or concerns regarding the i-marker web site or the i-marker web site Terms of Use, please send a detailed message to .

ClosePrivacy Policy

Last Updated: 29 July, 2013

i-marker Global Corporation. and its affiliates (“i-marker”, “us” or “we”) have adopted this Privacy Policy, which applies to all users of the i-marker app and the i-marker web site at http://www.i-marker.co and http://www.i-marker.com (the i-marker web site)

i-marker is committed to protecting your privacy while supporting an environment of responsible use of Your Data (as defined below) to support targeted advertising and engagement with Merchant Partners (as defined in the i-marker Terms of Use), which is available at http://www.i-marker.com/en/#/home and http://www.i-marker.co/en/#/home

By using the i-marker app and/or the i-marker web site you agree that we will handle Your Data in accordance with this Privacy Policy, as revised from time to time. This Privacy Policy is incorporated into and forms part of the i-marker web site Terms of Use that you have agreed to and, if you have downloaded the i-marker app, the i-marker app Terms of Use that you have agreed to.

We regularly review this Privacy Policy and may from time to time revise it or add specific instructions, policies and terms. Where any changes to this Privacy Policy are material, we will try to notify you. By continuing to use the i-marker web site or the i-marker app after any amendment to this Privacy Policy, you are agreeing to this Privacy Policy as amended.

Please read this Privacy Policy carefully and come back to review it from time to time. If you have any questions about this Privacy Policy or how the i-marker app or the i-marker web site uses Your Data, please contact us at privacyofficer@i-marker.com.

Your Data

Your Data includes the following:

  • Your Registration Data: data we collect from you if you register to become an i-marker Member, such as your name, address, email address, mobile phone number, social media contact, age group, income range, education background, profession, social and personal interests, demographic profile and nationality; and
  • Your i-marker Data: data we automatically receive and record from your smart-phone, tablet, PC or other device(s) upon which the i-marker app is installed or from which you access the i-marker web site, whether or not you are an i-marker Member, such as:
    • details of your interactions with the i-marker app and the i-marker web site, including details of when and where you run the i-marker app and when and where you have accessed the i-marker web site, details of the i-markers that you scan, details of the advertising and other marketing materials and information you have viewed or received through the i-marker app and the i-marker web site and how you have responded to and interacted with them;
    • details of your user preferences and settings for your use of the i-marker app and the i-marker web site;
    • the time and location of your interactions with Merchant Partners through the i-marker app and the i-marker web site, including the scanning of i-markers;
    • details of your transactions with Merchant Partners processed through the i-marker app and through the i-marker web site, including but not limited to ordered items, logistics mode, date of delivery, payment mode and return policy; and
    • technical details about the device upon which the i-marker app is installed and from which the i-marker web site is accessed, including unique device identifier, operating system, connection speed, IP address and app and browser settings.

How We Use Your Data

If you are an i-marker Member, we use Your Registration Data to verify your identity when you use the i-marker app or access the i-marker web site.

Whether or not you are an i-marker Member, we use Your Data for the following purposes:

  • to provide you with the services enabled through the i-marker app and the i-marker web site, including the delivery of i-marker Marketing and Promotional Materials (as defined below);
  • to provide you with a better i-marker app and i-marker web site experience by personalising the i-marker Marketing and Promotional Materials you receive through the i-marker app and the i-marker web site;
  • to analyze how you use the i-marker app and the i-marker web site so that we can try to improve them;
  • to respond to your questions and queries about the i-marker app and the i-marker web site, including providing technical support; and
  • for the purpose of administering and supporting the operation of the i-marker app and the i-marker web site, including software verification, the administration of software upgrades and for archival and back-up purposes.

We use Your Data to communicate with you in a contextually relevant way by delivering advertising, marketing and promotional materials directly to you (whether by messaging or display advertising within the i-marker app or the i-marker web site or by separate delivery of emails, SMSs or other forms of communications), including coupons, vouchers, gift certificates, prepaid access and tickets and offers to join Merchant Partner Loyalty Schemes (as defined in the i-marker Terms of Use) (i-marker Marketing and Promotional Materials). The i-marker Marketing and Promotional Materials relate to the goods and services of our Merchant Partners, including goods and services, branded or non-branded, in relation to dining, food and beverages, sports, music, film, gadgets, licensed merchandises, collectibles, cross-over merchandise, stationeries, television, films, records and related entertainment, clothing and accessories, jewellery, cosmetics, personal health and hygiene, pets, electronics, internet, media, telecommunications, public utilities, air ticketing, hotel booking, concert or theatre ticketing, other travel ticketing, home furnishings and housewares, automobiles, transport and travel, banking, insurance and financial services, property transaction and agency, loyalty and reward programs and other goods and services, including those which are generally available at popular auction web sites.

Please note that if you are an i-marker Member, we will link Your Registration Data and Your i-marker Data in connection with the purposes noted above.

We may also take parts of Your Data and provide aggregated information to our Merchant Partners and other third parties so that they may understand, on a depersonalised basis, what kinds of people are using the i-marker app and the i-marker web site and how they are using it. When we use Your Data in this way, the Merchant Partners and other third parties will not be able to identify who you are.

We do not share Your Data with our Merchant Partners or with any other third party on any basis which allows you to be identified from Your Data, except to our affiliates, joint venture partners and service providers who may receive Your Data from us solely for the purpose of assisting us in carrying out the purposes noted above and as described in the “Compliance with Laws” section below.

How we use cookies

Cookies are data files stored on your browser. The i-marker web site installs and uses cookies on your browser when you access it. The information we store on cookies, which forms part of “Your Data” (as defined above), will include the following: unique device identifier, operating system, IP address, and your user preferences relating to the i-marker web site, such as language. We use this data for the purposes outlined in the “How We Use Your Data” section above.

Opting Out

Upon your opting out, we will honor your request to not use Your Data for all or any of the marketing purposes noted above. You may opt out from certain i-marker Marketing and Promotional Materials (including specific Merchant Partner Loyalty Schemes), or i-marker Marketing and Promotional Materials in respect of certain Merchant Partners or certain categories by following the instructions to do so in the email, SMS or other communication you have received, or you may notify our Privacy Officer at .

Our Merchant Partners

We hope that you find the i-marker app and the i-marker web site to be useful ways of interacting with our Merchant Partners and learn about their goods and services and about any offers, promotions and Merchant Partner Loyalty Schemes they may offer that are attractive to you.

We do not disclose or transfer Your Data to our Merchant Partners, but it is important for you to know that in using the i-marker app and the i-marker web site with Merchant Partners and in joining Merchant Partner Loyalty Schemes and in transacting with Merchant Partners, they may separately obtain and/or request that you provide certain data, including your personal details, details of transactions concluded with the Merchant Partner, credit card and credit reference information and other information.

The use of any data by the Merchant Partners will not be subject to this Privacy Policy but will instead be subject to the Merchant Partner’s own separate privacy policy.

While we take steps to try to ensure that our Merchant Partners comply with applicable data privacy laws and standards and that they have privacy policies in place, we cannot accept responsibility for our Merchant Partners’ handling of any data they may have separately obtained. Please make sure you understand the Merchant Partner’s privacy policy and please do ask the Merchant Partner any questions you may have about how they handle your data.

You hereby irrevocably release us from any claims that you may have in relation to the handling of your data by Merchant Partners.

How We Protect Your Data

We care about the security of Your Data, and we use commercially reasonable safeguards to preserve its integrity and security. However, we cannot ensure or guarantee the security of Your Data or that Your Data will not be accessed, disclosed, altered or destroyed by unauthorized persons.

Where Your Data is Located

We host Your Data on computer servers located in Hong Kong, where the data privacy laws may differ from those in your jurisdiction. Therefore, Your Data may be transferred to, processed on, and stored in computers located outside of your jurisdiction. Your use of the i-marker app or the i-marker web site constitutes your consent to this transfer of Your Data.

Accessing and Correcting Your Data

We take reasonable steps to ensure that Your Data is accurate, complete and up to date.

You have the right to request to receive a copy of and make any corrections to Your Data. Please direct any such access request to our Privacy Officer at . Please note that we may charge you a small fee for processing your request.

Cancellation or termination

Should your i-marker account be cancelled or terminated at any time, we shall cease processing Your Data as soon as reasonably practicable following such cancellation or termination, provided that we may keep copies of Your Data as is reasonably required for archival purposes, for use in relation to any actual or potential dispute, for the purpose of compliance with applicable laws and regulations and for the purpose of enforcing the Terms of Use, protecting our rights, property or safety, or the rights, property or safety of our affiliate companies and employees.

Compliance with Law

You agree that we (or our affiliate companies) may be required to retain or disclose Your Data in order to comply with applicable laws and regulations, or in order to comply with a court order, subpoena or other legal process, or to comply with a request by a government authority, law enforcement agency or similar body (whether situated in your jurisdiction or elsewhere), and in rare cases as required by our Merchant Partners for the sole and exclusive purpose of their compliance with applicable laws and regulations. You also agree that we (or our affiliate companies) may need to disclose Your Data in order to enforce the Terms of Use, protect our rights, property or safety, or the rights, property or safety of our affiliate companies and employees.

Our Policy Towards Children

The i-marker app and the i-marker web site are not intended for use by children. Unfortunately, we cannot always determine the age of an i-marker app or i-marker web site user, so please do not use the i-marker app or the i-marker web site if you are under 18 years of age.

Corporate Transfer

As we continue to develop our business, we may be acquired by a third party or re-organize our group structure. In these circumstances it may be the case that Your Data is transferred to a third party who will continue to operate the i-marker app, the i-marker web site or a similar service under either this Privacy Policy or a different privacy policy which will be notified to you. Such a third party may be located, and use Your Data may be made, outside of your jurisdiction.

Contact Us

If you have any questions or concerns regarding Your Data or the Privacy Policy, please send a detailed message to .