Terms & Conditions – PenCheck

Introduction

PLEASE READ THESE TERMS AND CONDITIONS (“Terms”) CAREFULLY BEFORE USING THE PENCHECK MOBILE APPLICATION, WATCH APPLICATION OR ANY RELATED WEB SERVICES (COLLECTIVELY, “Service”). BY ACCESSING OR USING THE SERVICE YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THE TERMS, DO NOT USE THE SERVICE.

1. Definitions
“Company” means The Peninsula Hotels and its affiliated operating entities.
“User” or “you” means an employee, contractor or other authorised person granted access to the Service.
“Content” means all data, text, graphics, room-device information and other material displayed or made available through the Service.

2. Eligibility & Account Security
• Only authorised Company personnel may use the Service. Sharing log-in credentials is prohibited.
• You must keep passwords, private keys and multi-factor codes confidential. Notify IT immediately of any unauthorised access.
• You remain responsible for all activity conducted under your account.

3. Licence & Acceptable Use
• The Company grants you a limited, revocable, non-exclusive, non-transferable licence to access and use the Service solely for legitimate business tasks (maintenance, inspections, reporting).
• You must not:
a) decompile, reverse-engineer or attempt to gain unauthorised access to the Service;
b) copy, modify, transmit, publish or sell any part of the Service except as expressly permitted;
c) use the Service to harass, defame, discriminate or otherwise violate the law;
d) introduce viruses, malware or other harmful code.

4. Intellectual Property
The Service, including all software, designs and Content, is owned by the Company or its licensors and protected by intellectual-property laws. Logos and trademarks may not be used without prior written consent.

5. Privacy
Use of the Service is also governed by the PenCheck Privacy Policy, which forms part of these Terms.

6. Data Accuracy & Availability
• While we strive for accuracy, the Service aggregates data from network devices and third-party systems; therefore information may at times be incomplete or delayed.
• The Service may be unavailable during scheduled maintenance or due to circumstances beyond Company control. The Company is not liable for any loss resulting from downtime or data inaccuracy.

7. Updates & Changes
• The Company may modify the Service, deploy patches or upgrade versions without prior notice.
• We may revise these Terms at any time. Continued use after a revision constitutes acceptance of the updated Terms.

8. Termination
• We may suspend or terminate your access immediately if you breach these Terms, leave employment, or if continued access poses security risk.
• Upon termination you must cease using the Service and delete any confidential data stored on personal devices.

9. Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” THE COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED.

10. Limitation of Liability
To the maximum extent permitted by law, the Company shall not be liable for indirect, incidental, consequential or punitive damages, or for loss of profits, data or business arising out of or related to the Service—even if advised of the possibility. Direct damages are limited to HKD 1,000.

11. Indemnity
You agree to indemnify and hold harmless the Company, its officers and employees from any claim or demand arising from your misuse of the Service or violation of these Terms.

12. Governing Law & Jurisdiction
These Terms are governed by the laws of Hong Kong SAR. Any dispute shall be subject to the exclusive jurisdiction of the Hong Kong courts.

13. Severability
If any provision of these Terms is found invalid, the remaining provisions shall remain in full force.

14. Entire Agreement
These Terms constitute the entire agreement between you and the Company regarding the Service and supersede all prior understandings.

END OF POLICY