HKSTP SPARK TERMS AND CONDITIONS (the “Terms”)

OVERVIEW

The HKSTP SPARK membership programme (“SPARK”) is offered by Hong Kong Science and Technology Parks Corporation (“HKSTP”).

SPARK aims to provide a community platform for its members to get connected, inspired, recharged and challenged with extraordinary people and activities. The goal is to unite members by a common passion for innovation and unleash the full potential of Hong Kong’s innovation community.

By registering for SPARK you are deemed to have agreed to comply with the Terms.

 

ELIGIBILITY

  1. SPARK is open and offered only to individuals (the “Participants”) who are employees of HKSTP or HKSTP tenants and incubates within HKSTP campuses including Hong Kong Science Park in Shatin Pak Shek Kok; InnoCentre in Kowloon Tong; and Industrial Estates in Tai Po, Tseung Kwan O and Yuen Long (collectively the “Partner Companies”). All participants of SPARK (“Participants”) must complete the registration before using/accessing SPARK.
  2. All Participants must be eighteen (18) years old or older at the time of registration.
  3. PRIOR TO REGISTRATION FOR SPARK, ALL PARTICIPANTS MUST AGREE WITH AND PROVIDE YOUR CONSENT AND ACCEPTANCE TO THE TERMS. IF YOU ARE NOT IN AGREEMENT WITH THE TERMS, PLEASE DO NOT REGISTER FOR SPARK.

 

REPRESENTATIONS AND WARRANTIES

By proceeding further with the SPARK registration, each Participant represents, warrants and undertakes as follows:

  1. all information provided in the registration and in relation to SPARK is complete, accurate and truthful;
  2. to ensure that any Information (including but not limited to Confidential Information) obtained through SPARK is protected from unauthorized disclosure; and
  3. any information submitted through or to SPARK does not infringe or violate any rights of any third party, including without limitation to Intellectual Property Rights (defined below), and does not constitute defamation, and any violation of any privacy, publicity, misappropriation, confidentiality or any contractual or other rights.

“Intellectual Property Rights” means all current and future worldwide rights under patent, copyright, trade secret, trademark or moral rights laws and other similar rights.

 

LIMITATIONS OF LIABILITY AND RELEASE

HKSTP, its affiliates, divisions, subsidiaries, and all of their respective officers, directors, employees, contractors, representatives and agents (collectively the “Released Parties”) will have no liability whatsoever for, and will be released and held harmless by any Participant for any claims, liabilities, or causes of action of any kind or nature for any injury, loss or damages of any kind including direct, indirect, incidental, consequential or punitive damages to persons, including without limitation disability or death.  Without prejudice to the generality of the foregoing, everything in connection with SPARK is provided “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties and merchantability, fitness for a particular purpose, and non-infringement. 

 

INDEMNIFICATION

Each Participant agrees that he will indemnify and hold HKSTP harmless on demand from and against all claims, actions liabilities, costs, expenses, loss or damage (including but not limited to consequential losses, loss of profit and loss of reputation and all interest, penalties and legal and other professional costs and expenses) incurred by HKSTP arising from or relating to (directly or indirectly) any default or any violation of any of his obligations under the Terms.

 

USE OF PERSONAL INFORMATION

  1. Any personal data collected from the Participant in relation to SPARK (“Personal Data”) shall be used, stored, or retained in accordance with the privacy policy of HKSTP which shall be found in the following website https://www.hkstp.org/en/privacy-policy/.
  2. Without prejudice to the generality of the foregoing, all Personal Data will be collected, used and processed for the following purposes:
  • processing applications for and planning of SPARK and HKSTP events and programmes;
  • notifications and promotions to Participants on member events and programmes and/or any changes;
  • identifying membership status of Participants to deliver member experience, including granting access to participate in events and programmes, and redemption of member privileges and gifts;
  • market research;
  • marketing and advertising purposes, including (without limitation) by email, SMS, display media, social media, and targeting other devices (such as tablets, mobile devices and televisions); and to develop promotional/marketing materials.
  • Any opt-out requests in relation to the use of Personal Data for direct marketing should be addressed to spark@hkstp.org.

 

THIRD PARTY APPLICATIONS AND LINKS

Participants should use any third party software and links (“Third Party Software and Links”) posted on SPARK at their own risks.  Without prejudice to the generality of any of the Terms, HKSTP is not responsible for and is not liable for any damages or losses arising from the use of any Third Party Software and Links.  All Participants shall also comply with all terms and conditions of all Third Party Software and Links. 

 

USER CONDUCT

Without prejudice to the generality of any of the Terms, each Participant agrees not to, and not allow any person to engage in any of the following prohibited activities or encourage any person to engage in such prohibited activities on or in relation to the SPARK:

  1. Any activities that violate any applicable laws or regulations; any illegal (or potentially illegal) activities;
  2. Interfere with, or attempt to interfere with, any other Participant or any other party’s access to SPARK;
  3. Use SPARK in manner or for any purpose which breaches any of the Terms;
  4. Upload, download, post, email, transmit, store or otherwise make available any data/information that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
  5. Stalk, harass, threaten or harm another; and
  6. Interfere with or disrupt SPARK (including accessing SPARK through any automated means), or any servers or networks connected to SPARK.

 

GENERAL RULES

  1. HKSTP reserves the right to terminate or make changes to SPARK. In the event SPARK is terminated for whatever reason, HKSTP will not incur any liability towards any Participant arising from such cancellation.
  2. HKSTP reserves the right to refuse anyone to use/access SPARK and to request any person to cease using or accessing SPARK if HKSTP determines in its sole discretion that, such person (i) fails to comply with any of the Terms; or (ii) is found to have behaved in an illegal or anti-social manner; or (iii) is found to have violated any of the Terms. The decision of HKSTP in this regard shall be binding and conclusive.
  3. While HKSTP shall have the right to terminate any SPARK membership in its absolute discretion; however, your SPARK membership will be terminated immediately when (i) you cease to be an employee of HKSTP or corresponding Partner Company (at the time of registration); or (ii) the employer of any Participant ceases to be a Partner Company.
  4. No Participant shall be permitted to use the names and/or logos of HKSTP in any manner without the prior written consent of HKSTP.
  5. If any provision contained in the Terms is found to be invalid or unenforceable by any court, the invalid or unenforceable provision shall be severed or amended in such a manner as to render the rest of the provision(s) and remainder of these Terms shall remain valid and enforceable.
  6. Any failure or delay on the part of HKSTP to enforce any of the Terms shall not constitute a waiver of any of its rights hereunder.
  7. Interpretation of any of the Terms is the sole prerogative of HKSTP. All decisions by HKSTP regarding the interpretation of the Terms and any issues arising from the Event shall be binding and conclusive on all Participants.
  8. The Terms shall be interpreted and construed in accordance with the laws and regulations of the Hong Kong Special Administrative Region of the People’s Republic of China and any disputes shall be subject to the non-exclusive jurisdiction of the courts of Hong Kong.
  9. In interpreting the Terms, words importing a gender include any other gender.
  10. HKSTP and each Participant do not intend any of the Terms to be enforceable pursuant to the Contracts (Rights of Third Parties) Ordinance (Cap. 623 of the laws of Hong Kong).

WEBSITE TERMS OF USE

BEFORE USING THIS WEBSITE, PLEASE READ THE TERMS OF USE SET FORTH BELOW, AS THEY APPLY TO YOUR USAGE OF THIS WEBSITE.

1. Definitions

  • "Information" information, data, content, analysis, news, reports, programmes, photographs, pictures, graphics, video, audio, software and other materials and services, communications, transmissions and other items, tangible or intangible
  • "personal data" personally identifying information or sensitive data (including but not limited to names, addresses, occupations, contacts, and other personal details)
  • "SPARK", "we", "our" or "us" HKSTP SPARK (which is managed by Hong Kong Science and Technology Parks Corporation (HKSTP)
  • "HKSTP Affiliates", "our Affiliates" HKSTP's agents or licensors, and their respective agents, officers, affiliates and employees
  • "Terms of Use" the terms of use set forth below as amended from time to time
  • "Third Party Provider" any provider of information or services on the Website other than SPARK and HKSTP
  • "users", "you" or "your" any person who accesses the Website
  • "Website" spark.hkstp.org and other website(s) from time to time hosted by HKSTP

2. Changes to Website
We may, in our sole discretion and at any time, without notice to you, add to, amend or remove any Information from the Website, or alter the presentation, substance, or functionality of the Website.

3. User's Conduct
As a condition of your use of the Website, you must not: trespass, break into, access, use or attempt to trespass, break into, access or use any other parts of our servers, and/or any data areas for which you have not been authorised by us; restrict or inhibit any other user from using and enjoying the Website; post or transmit any unlawful, fraudulent, libellous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable or unreasonable Information of any kind, including without limitation any transmissions constituting or encouraging conduct that may constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or foreign law; post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication, or engage in spamming or flooding; post or transmit any Information or software which contains any virus, Trojan horse, worm or other harmful component; post, publish, transmit, reproduce, distribute or in any way exploit any Information obtained through the Website for commercial purposes; or upload, post, publish, transmit, reproduce, or distribute in any way, Information obtained through the Website which is protected by copyright, or other proprietary rights, or create derivative works with respect thereto, without the prior written permission of the copyright owner or right-holder.

You have no rights in or to the Information available on the Website and you will not use the Information available on the Website in any manner or for any purpose, except as permitted under these Terms of Use.

4. Third Party Information
The Information may contain Information provided by Third Party Providers or sourced by HKSTP from other references or sources. The Information on the Website may not be regarded as any recommendation or endorsement by HKSTP for any purpose with respect to any person, product or service.

HKSTP is not responsible if any such Information is not up-to-date; HKSTP does not separately verify such Information. Accordingly we do not accept any responsibility whatsoever in respect of such Information. Any use of and reliance on such Information is at your own risk.

5. Links to and from the Website
The links on the Website may take you to other sites and you acknowledge and agree that HKSTP and the HKSTP Affiliates have no responsibility for the accuracy or availability of any Information provided by linked websites.

Links to other websites do not constitute an endorsement by HKSTP of such websites or the Information, products, advertising or other materials available on those websites.

6. Indemnity
You agree to defend, indemnify and hold us and the HKSTP Affiliates harmless from and against all liabilities, damages, claims, actions, costs and expenses (including without limitation legal fees), in connection with or arising from your breach of any of these Terms of Use and/or your use of the Website. We may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defence and control of any claim or action.

7. Intellectual Property Rights
All intellectual property rights subsisting in respect of the Website belong to HKSTP or have been lawfully licensed to HKSTP for use on the Website. All rights under applicable laws are hereby reserved. Except with the express permission of HKSTP, you are not allowed to upload, post, publish, reproduce, transmit or distribute in any way any component of the Website itself or create derivative works with respect thereto, as the Website is copyrighted under applicable laws.

You agree that we are free to use, disclose, adopt and modify all and any ideas, concepts, knowhow, proposals, suggestions, comments and other communications and information provided by you to us ("Feedback") in connection with the Website and/or Services without any payment to you. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to our use, disclosure, adoption and/or modification of any or all of your Feedback.

8. Limited Liability and Warranty
All Information is for your general reference only. HKSTP do not accept any responsibility whatsoever in respect of such Information.

YOUR ACCESS TO AND USE OF OUR WEBSITE IS AT YOUR SOLE RISK AND IS PROVIDED "AS IS," "AS AVAILABLE." THE WEBSITE IS FOR YOUR PERSONAL USE ONLY AND WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES ON MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.

OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE WEBSITE OR OTHERWISE, IS RE-PERFORMANCE OF DEFECTIVE SERVICES. IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY MATERIAL, PRODUCT OR SERVICE OFFERED THROUGH US OR OUR WEBSITE. WE ARE NOT AND WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.

Neither HKSTP nor any of the HKSTP Affiliates shall guarantee or assume any responsibility that: the Information on the Website is accurate, adequate, current or reliable, or may be used for any purpose other than for general reference; the Information on the Website is free of defect, error, omission, virus or anything which may change, erase, add to or damage your software, data or equipment; messages sent through the internet will be free from interception, corruption or loss; access to the Website will be available or be uninterrupted; or defects in the Website will be corrected.

In no event will the HKSTP or the HKSTP Affiliates be liable to you or any other person for any direct, indirect, incidental, special, punitive or consequential damages, including any loss of business or profit, arising out of any use, or inability to use, the Information, even if HKSTP or the HKSTP Affiliates have been advised of the possibility of such damages.

You will exercise and rely solely on your own skill and judgment in your use and interpretation of the Information. You are responsible to ensure that your use of the Information complies with all applicable legal requirements.

The limitation of liability contained in these Terms of Use will apply to the fullest extent permitted by applicable laws.

9. Privacy Policy
For information about our privacy policies and practices, please refer to our Privacy Policy Statement. Where personal data is collected in connection with the Services, you should also have reference to the relevant user agreements linked to the form through which your personal data is collected.

10. Partial Invalidity
The illegality, invalidity or unenforceability of any provision of these Terms of Use under the law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdiction nor the legality, validity or enforceability of any other provision.

11. Miscellaneous
No waiver of any breach under these Terms of Use will amount to a waiver of any other breach. The headings in these Terms of Use are for convenience only and do not affect interpretation.

12. Governing Law and Jurisdiction
These Terms of Use shall be governed by the law of the Hong Kong Special Administrative Region. You agree to submit to the non-exclusive jurisdiction of the Hong Kong courts.