Terms and Conditions of Use

Our web site located at http://www.collaboratehk.org ("Website") is owned and operated by Collaborate Hong Kong Foundation Limited (collectively referred to as "CollaborateHK", "we", "our" or "us"). These Terms and Conditions of Use ("Terms of Use") set forth the terms and conditions for the use of any and all products and services provided by CollaborateHK and this Website. "You" and "your" when used in these Terms of Use includes any person who uses or accesses the Website.

In these Terms of Use, "Content" means information such as data, digital maps, texts, graphics, drawings, diagrams, photographs, videos, compilation of data, Application Programming Interface (API), and other information provided to the public on this Website.

By using the Website, you agree to accept unconditionally these Terms of Use and Privacy Policy, which may be revised and/or amended from time to time by CollaborateHK without prior notice to users. If there are separate Terms and Conditions of Use applicable to the Website, you shall also comply with such separate Terms and Conditions of Use as well as these Terms of Use in using the Website.

Use of Content on the Website
  1. Browsing or using the services at the Website provided by CollaborateHK is solely at your own risk. You shall bear any and all responsibilities for actions carried out under and the results from the use of and access to the Website.
  2. You are allowed to browse, download, distribute, reproduce, hyperlink to, and print in their original format the Content on a free-of-charge basis, except for commercial, political and religious purposes and on condition that:-
    1. You shall comply with these Terms of Use;
    2. You shall indemnify CollaborateHK against any allegations or claims of infringement of the rights of any person and all costs, losses, damages and liabilities incurred by CollaborateHK, which in any case arise directly or indirectly in relation to your use, reproduction and/or distribution of the Content.
  3. Any content downloaded or otherwise obtained through the use of the Website is done at you own discretion and risk. You will be solely responsible for any loss or damage that results from the download of any such content. CollaborateHK is not liable to compensations thus caused.
  4. CollaborateHK may cease providing all or part of the services of the Website without any prior notice to you in case of the occurrence of any of the following:
    1. When conducting maintenance or repair of systems;
    2. When the services cannot be provided due to force majeure such as an accident (fire, power outage, etc.), war, riot, labor dispute;
    3. When there is system failure or heavy load on the system;
    4. When securing the safety of users or third parties, or in the case of an emergency for the public welfare; or
    5. When CollaborateHK reasonably determines it to be necessary, other than the above items.
Disclaimer and Limitation of Liability
  1. The Content is provided by CollaborateHK to you on an "as is" and "as available" basis for general reference only and not intended to be relied upon.  No statement, representation or warranty of any kind (whether express or implied) is given by CollaborateHK in relation to the Content (including the accuracy, completeness, non-infringement, reliability, security, timeliness and appropriateness of the Content for use in any particular circumstances).
  2. CollaborateHK will not be liable for any direct, indirect or consequential loss or damage of any kind (including loss of revenues, profits, business or data, in any way related to the Website), or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in the Website, or any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise (even if foreseeable), incurred by any person for any cause arising as a result of the use of or access to, or inability to use or access the Website, any use of or access to, or any inability to use or access any web sites linked to the Website, any donations concluded through the Website or any content posted on such websites (including any defamatory content or content which infringes intellectual property rights of any third party).
  3. The above does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under any applicable law.
  4. CollaborateHK agrees to maintain the accuracy and the comprehensiveness of the content, but does not guarantee that it is error-free or without any defects, and is therefore not liable to any indemnification thus caused.
  5. CollaborateHK reserves the right to revise, omit, edit or suspend the provision of the Content at any time in its absolute discretion without giving any reason or prior notice to any person.
  6. CollaborateHK does not warrant or represent that the Website or any Content transmitted from CollaborateHK to you through the Website is free of computer viruses. CollaborateHK shall not be liable for any loss, destruction or damage howsoever arising out of or in relation to any transmission from you to CollaborateHK or vice versa over the Internet.
  7. CollaborateHK does not undertake to provide any updated version of the Content and reserves the right to suspend the provision of the Website and Content at any time.
Linked Information and other Third-Party Websites

The Website may provide or assist in providing links to third-party websites through the web interface. The links are produced solely as a convenience to users of the Website.

  1. Provision of, or assistance in providing, any links at the Website to any third-party website does not give rise to any statement, representation or warranty, express or implied, that CollaborateHK agrees with, approves, recommends or endorses the contents of any such third-party websites. The provision of any links to third-party websites shall not constitute any form of co-operation or affiliation with CollaborateHK or any such third parties or external websites.
  2. CollaborateHK shall not have or accept any liability, obligation or responsibility whatsoever for any loss, destruction or damage (including without limitation consequential loss, destruction or damage) howsoever arising from or in respect of your use or misuse of or reliance on, or inability to use such links to any third-party website or your use or reliance on the contents of any such third-party websites. You should refer to the terms and conditions of each such third-party website when using such websites.
  3. CollaborateHK is not responsible for any commercial dealings, product promotions and services that occur under the links to any third party websites, and is therefore not liable to any indemnifications and legal responsibilities. You agree that CollaborateHK shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers at the Website.
  4. CollaborateHK does not have authority to act for any third parties (including any third parties who process online donations through the Website). You agree that CollaborateHK will have no liability to you in relation to any dispute, payment or contract between you and any such third party.
Privacy
  1. CollaborateHK respects personal data privacy, and ensures that the Website complies with the Personal Data (Privacy) Ordinance when collecting, using, storing, transferring and enquiring personal data.
  2. CollaborateHK will appropriately handle your personal data and user information in accordance with the Privacy Policy, to ensure the safe management of any and all information collected from you.
Intellectual Property Rights

Unless otherwise indicated, CollaborateHK is the owner of the intellectual property rights in all information available on the Website, including but not limited to all Content.

  1. To encourage wider distribution of the contents contained in the Website, you are permitted for non-commercial and personal enjoyment purpose or for institutional non-commercial and non-profit making activity purpose to browse, hyperlink to, copy and print in their original format any Content on the Website, provided that:
    1. You shall identify clearly the source of the Content and acknowledge CollaborateHK ownership of the intellectual property rights in the Content and in all copies thereof including but limited to paper copies, digital copies and copies placed on other websites;
    2. You agree not to make any change to or deletion of author attribution, trademark, legend, intellectual property rights notice or terms and conditions of use and give proper attribution to CollaborateHK;
  2. The prior written consent of CollaborateHK ("Permission") is required before the use of the Content in any way other than the permitted uses for non-commercial and personal enjoyment purpose or institutional non-commercial and non-profit making activity purpose and such Permission may be subject to additional terms and conditions, and may be subject to additional fee. Such requests for Permission should be addressed to CollaborateHK via email at joinus@collaboratehk.org. You acknowledge that you do not acquire any intellectual property rights in the Content by hyperlinking to, copying or printing the Content.
  3. For the avoidance of doubt, the Permission shall not extend to any materials contained on third-party websites linked with the Website, or any Content on the Website, the intellectual property rights of which belong to a third party. Authorization or permission to use such Content would need to be obtained from the owners of intellectual property rights concerned.
  4. CollaborateHK reserves all rights that are not expressly granted in these Terms of Use.
Governing Law
  1. These Terms of Use shall be governed and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong").
  2. In the event of any inconsistency or ambiguity between the English version and the Chinese version of these Terms and Conditions of Use, the English version shall prevail.
  3. These Terms of Use constitutes the entire agreement between you and CollaborateHK and governs your use of the Website, superseding any prior agreements between you and CollaborateHK with respect to the Website.
  4. The failure of CollaborateHK to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.

If you have any concerns about material which appears on the Website or the use of any Content contained in the Website, please contact us by email at joinus@collaboratehk.org or by telephone on (852) 2850 6678.

 

Version 1.0 (last updated on 1 SEPTEMBER 2021)

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