The following terms and conditions (“Terms and Conditions”) are published by the Hong Kong Productivity Council (“HKPC”) to govern your use of this website (“Site”), the information (“Information”), and the functions (“Functions”) contained on or available through the Site (collectively, the “Services”). By accessing, browsing or using the Site or the Services, you agree to be bound by these Terms and Conditions subject to such modifications as may be made by HKPC from time to time. You are advised to read the Terms and Conditions carefully before accessing, browsing or using the Site or the Services.

Risk and Security

You acknowledge that you use the Services at your own risk and shall bear all risks associated with the use of such Services. You acknowledge that, given the nature of the internet, HKPC cannot guarantee that any transmission of any personally identifiable information and/or any other information under the Services is completely secure. By using or accessing the Services and in consideration of such access and use, you acknowledge that you are satisfied that the security features that HKPC has adopted are adequate for all your purposes.

Communication

If necessary, you may receive notices via email and/or notifications on the Site. It is your responsibility to ensure that you have provided us a valid and up-to-date email address in order to receive our notices timely. You will be considered having received any notices given by us immediately after the notice has been sent via the email address provided by you and/or via notifications on the Site. That said, HKPC does not guarantee the accuracy, correctness, updatedness or timeliness of these communications.

Your Responsibility - User Conduct

You agree to use the Services and/or the Site only for purposes that are permitted by these Terms and Conditions, and the laws of the Hong Kong.

You represent, warrant and undertake to HKPC that any information, communication or material submitted to HKPC through the Site is true and accurate and is not misleading, incomplete or false in any material respect.

Without prejudice to the preceding terms, you shall be held solely and fully liable for all losses and damage suffered by HKPC if:

• You use the Site and the Services illegally;

• You post, email, offer or otherwise transmit any information in respect of which you have no right (either proprietary contractual, or fiduciary) to transmit or which is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, libelous, obscene, pornographic, invasive or privacy or public rights, illegal or otherwise objectionable;

• You impersonate any person or entity by way of transmitting any forged or manipulated information through the use of this system;

• You post, email, offer or otherwise transmit any information that infringe any proprietary rights or intellectual property rights, including without limitation patent, trademark, trade secret, copyright of any party;

• You post, email, offer or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, or any form of solicitation, except when expressly authorised to do so by us;

• You post, email or otherwise transmit any information that contain software viruses or any other computer code, files or programs that would interrupt, destroy or limit the functionality of this system and/or computer software or hardware or telecommunications equipment constituting therein; and

• You interfere with or disrupt this system or servers or networks through which this system is functioning, or disobey any requirements, procedures, policies or regulations of such networks.

You acknowledge that HKPC or anyone acting on its behalf has no obligation to pre-screen any information submitted by you but it can exercise in its sole discretion the right (but not the obligation) to refuse or remove any information that is transmitted through this system, to remove any information that is considered to be objectionable, and to preserve and/or disclose any information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to, without limitation, comply with legal process, enforce its rights or respond to claims that any information violate the rights of third parties.

If HKPC is aware of or suspects a breach of any of the Terms and Conditions or other suspicious circumstances relating to your use of the Services, such use of Services (including without limitation the Functions on the Site) may be suspended or terminated at any time without any prior notice. During suspension or termination of the Services, you will remain responsible for any of your action performed before the suspension or termination. The Terms and Conditions shall survive such suspension or termination.

Links to Third-Party Sites

The Site may contain links to sites which are not under the control of HKPC. In no event shall HKPC or anyone acting on its behalf be responsible for the contents of any linked site or any link contained in a linked site or for any changes or updates to such sites. Inclusion of a link is for your convenience only and does not imply any endorsement by HKPC. You are responsible to comply with these Terms and Conditions of use of any linked site and any terms governing the use of such third-party sites, software or services. HKPC reserves the right to terminate any link or linking programme at any time. 

Intellectual Property Rights (IPRs)

Unless otherwise indicated, the contents on the Site are subject to IPRs owned by or licensed to HKPC. Prior written consent of HKPC (where applicable, the licensors of such IPRs) is required if you intend to reproduce, distribute or otherwise use any contents found on the Site in any ways or for any purposes. Such requests for consent must be addressed to HKPC via email (hktisc@hkpc.org ).

Where third party are involved in the contents found on the Site or contents on other websites or apps linked to the Site (whether or not such contents have been licensed to HKPC), authorization or permission to reproduce or distribute or otherwise use any such contents must be obtained from the IPR owners concerned.

Personal Information and Privacy Policy

Please refer to the “Privacy Policy” of this Site.

Disclaimer

Please refer to the “Disclaimer” of this Site.

Exclusion of Certain Damages

To the maximum extent permitted by applicable law, in no event shall HKPC or anyone acting on its behalf be liable for any direct, indirect, special, incidental or consequential damage whatsoever, including without limitation damages for personal injury, death, loss of profits, loss of confidential or other information, business interruption, loss of privacy, failure to meet any duty (including without limitation any duty of good faith or reasonable care), negligence, negligent misrepresentation, failure to warn, and any other pecuniary or other loss whatsoever, arising out of or in any way related to the Site or the Services, including without limitation any use or misuse of, or inability to use, the Site or the Services, or otherwise under or in connection with any provision of these Terms and Conditions, including without limitation any breach of any term or condition or a fundamental breach of these Terms and Conditions, even if HKPC or anyone acting on its behalf has been advised of the possibility of such damage. 

Indemnity

You must indemnify and keep indemnified HKPC against all claims, actions, proceedings, liabilities, demands, charges, damages, costs, losses or expenses arising out of or resulting from the use or attempted use of the Site and/or the Services to the extent that the same are or have been caused by any negligent or reckless conduct, wilful misconduct, omission, defamation, breach of statutory duty or breach of any of the Terms and Conditions by you.

Notice for Minors and their Parents/Guardians (if applicable)

Users of age 11-17 ("Minors") and their Parents/Guardians must take particular note of the relevant terms herein before accessing or using the Services. For the purpose of these Terms and Condition, Guardian means the person who has parental responsibility for the Minor under the meaning of "Relevant Person" as defined in Section 2 of the Personal Data (Privacy) Ordinance (Cap. 486). Subject to policy promulgated by HKPC from time to time, the Services may be available for Minors. The Minor is required to be accompanied by his/her Parent or Guardian during the access or usage. The Parent/Guardian must be of age 18 or above. The Parent/Guardian must provide consent for the access or usage and give his/her consent on the Minor's behalf for the collection and use of the Minor's personal data as described in the “Privacy Policy”. The Parent/Guardian must also give his/her consent for the collection and use of his/her own personal data as described in the “Privacy Policy”.

The Parent/Guardian of the Minor User should ensure that the Minor understands the Terms and Conditions, the “Privacy Policy”, and is able to use the Services by himself/herself. For access or usage, the Minor has to declare he/she has read, understood and agree to be bound by the Terms and Conditions, the “Privacy Policy”.

Variation

HKPC may from time to time vary, modify, delete and/or add any terms or conditions in the Terms and Conditions at its own discretion. You should read the Terms and Conditions before proceeding to use the Services. Your accessing and using the Services is taken as your agreement to be legally bound by the Terms and Conditions as may be modified and/or supplemented from time to time by HKPC without prior notice. The revised Terms and Conditions will supersede any previous versions of the Terms and Conditions accepted by you.

Severability

The provisions of these Terms and Conditions are severable, and should any provision hereof be void, voidable or unenforceable under any applicable law, such void, voidable or unenforceable provision shall not affect or invalidate any other provisions of these Terms and Conditions, which shall continue to govern as though the void, voidable or unenforceable provision were not a part hereof. 

Jurisdiction and Governing Law

The Terms and Conditions shall be governed by and construed in accordance with the laws of Hong Kong. You agree to submit any dispute arising from or in connection with these Terms and Conditions to the exclusive jurisdiction of the courts of Hong Kong. 

For the purpose of these Terms and Conditions, "Hong Kong" shall mean the Hong Kong Special Administrative Region of the People’s Republic of China.  

These Terms have been translated into Chinese. If there is any inconsistency or ambiguity between the English version and the Chinese version, the English version shall prevail.