Global Acceleration Academy Programme

Terms of Use

 

PLEASE CAREFULLY READ THE TERMS OF USE SET FORTH BELOW AS THEY APPLY TO YOUR USE OF THIS WEBSITE AND YOUR PARTICIPATION IN THE GLOBAL ACCELERATION ACADEMY PROGRAMME. YOUR USE OF THE WEBSITE SIGNIFIES YOUR ACCEPTANCE OF THESE TERMS OF USE AND AGREEMENT TO BE BOUND BY THEM AND ANY AND ALL OTHER APPLICABLE TERMS REFERENCED HEREIN.

 

Definitions:

“Account”
means the account that must be created by a user to become a participant of the GAA Programme; 
   
“GAA Programme” refers to the Global Acceleration Academy Programme run by HKSTP which is primarily aimed at connecting up-and-coming startups with world-class enterprises to help them localise their innovation and achieve success in the Asian market and beyond;
   
“Hong Kong” means the Hong Kong Special Administrative Region of the People’s Republic of China;
   
“Information” means 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 on the Website which includes but is not limited to information in relation to the GAA Programme;
   
“personal data” means personally identifying information or sensitive data (including but not limited to names, ages, addresses, occupations, contacts, other personal details and credit card information);
   
“HKSTP”, “we”, “our” or “us” refers to the Hong Kong Science and Technology Parks Corporation;
   
“HKSTP Affiliates” “Our Affiliates” means HKSTP's agents or licensors, and their respective agents, officers, affiliates and employees;
   
“Terms of Use” refers to the terms of use set forth below as amended from time to time;
   
“Third Party Provider” means any provider of Information or services (including third party sponsors and collaborators) on the Website other than HKSTP;
   
“users”, “you” or “your” means any person who accesses the Website;
   
“Website” means the website at this URL web address: https://gaa.info.hkstp.org/en which contains, among other things, Information on the GAA Programme including the online application form for users wishing to participate in the GAA Programme.
  
 
 
1. The GAA Programme and Website
 
1.1 We have the sole authority to administer the GAA Programme (including but not limited to the implementation, abortion, management, adjustment and/or suspension of all and any aspects of the GAA Programme Collaboration at any time) without prior notice to you.
 
1.2 We may, in our sole discretion and at any time, without notice to you, add to, amend or remove any aspects of the GAA Programme.

1.3 Likewise, we may, in our sole discretion and at any time, without notice to you, add to, amend or remove any aspects of any Information on the Website, or alter the presentation, substance, or functionality of the Website.
 
2. Amendments

We may amend the Terms of Use from time to time in our sole discretion without notice or liability to you. By continuing to use the Website following such amendments to the Terms of Use, you agree to be bound by such amendments.
 
3. User's Conduct and Responsibilities
 
3.1 As a condition of your use of the Website, you must not:
  1. 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;
  2. restrict or inhibit any other user from using and enjoying the Website;
  3. 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;
  4. 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;
  5. post or transmit any information or software which contains any virus, trojan horse, worm or other harmful component;
  6. post, publish, transmit, reproduce, distribute, exploit or use in any way any Information obtained through the Website for or in connection with the following purposes:
    1. conducting any direct marketing activities and/or disseminating or circulating any part of the content of any unsolicited publicity or advertising materials;
    2. advertising and/or promoting any goods and services;
    3. sale or exchange of any part of the Information obtained through the Website for any benefits, gain, profit or rewards; or
    4. any other commercial purposes; and/or
  7. upload, post, publish, transmit, reproduce, or distribute in any way, Information obtained through or from the Website which is protected by copyright, or other proprietary right, or create derivative works with respect thereto, without the prior written permission of the copyright owner or holder of any such right.
3.2 You have no rights in or to the Information available from time to time on the Website and you will not use the Information available from time to time on the Website in any manner or for any purpose, except as permitted under these Terms of Use.

3.3 You are solely responsible for the content that you publish or upload to the Website and for the transfer of technologies or information with which you are involved. HKSTP and HKSTP Affiliates expressly disclaim any liability or responsibility thereto.

3.4 You acknowledge and warrant to HKKSTP and HKSTP Affiliates that all intellectual property rights subsisting in the content and materials of your GAA Programme application (including, without limitation, intellectual property rights in relation to your business operations, products, services and technology) belong to you or have been lawfully licenced to you for commercial application by the rightful owner of such rights.
 
4. Access
 
4.1 We reserve the right at all times to prohibit or deny your access to the Website or any part thereof immediately and without notice, where we are of the opinion that you have breached any of the terms contained in the Terms of Use or that such prohibition or denial is appropriate, desirable or necessary in our sole and absolute discretion.

4.2 Whilst we implement appropriate security measures to control access to the Website, you must keep your log-in details (including passwords) confidential and ensure that only you or your authorized representatives (such as your employees) have access the Website for proper purposes. You agree to inform us without delay if there is an unauthorized use of your Account or a security breach, such as loss or theft of your login information.
 
5. Third Party Information
 
5.1 The Website may contain content provided by Third Party Providers or sourced by HKSTP from other references or sources. Such content 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.

5.2 HKSTP is not responsible if any such content provided by Third Party Providers is not up-to-date; HKSTP does not separately verify such content. Accordingly we do not accept any responsibility whatsoever in respect of such content. Any use of and reliance on such content is at the sole risk of the user of the Website. HKSTP and HKSTP Affiliates accept no responsibility for or liability in respect of such content, nor does it endorse such Third Party Providers. You acknowledge and accept that any dispute arising out of or in relation to any such content that you may have is unrelated to HKSTP and is solely a matter between you and the relevant Third Party Provider.

5.3 Views, comments and opinions, if any, that are expressed or made on the Website by any Third Party Providers do not represent the views of or any endorsement by HKSTP and you are reminded to rely on your own judgement and assessment in determining the reliability and accuracy of any such opinions.
 
6. Links to and from the Website
 
6.1 If there are links on the Website that take you to sites hosted and administered by Third Party Providers, you acknowledge and agree that HKSTP and HKSTP Affiliates have no responsibility for the accuracy or availability of any information provided by and content appearing on such linked websites.

6.2 Links to other websites do not constitute an endorsement by HKSTP of such websites or the content, products, advertising or other materials available on those websites.
 
7. Indemnity
 
You agree to, on demand, 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 provision in these Terms of Use and/or your use of the Website and /or the Information available from time to time on the Website for any purpose whatsoever (whether or not constituting a breach of any provision in these Terms of Use). 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.
 
8. Intellectual Property Rights
 
8.1 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 content and/or component of the Website itself or create derivative works with respect thereto, as the Website is copyrighted under applicable laws.

8.2 For the purposes of our Website and to enable us to effectively implement the GAA Programme, you grant to HKSTP and HKSTP Affiliates a non-exclusive license, free of charge, for the entire world and for the duration of your user relationship with us, to use the content and data that you submit onto or through the Website (including your company name and logo). Specifically, you authorize us to display, distribute, publish, reproduce, represent, adapt, use and translate any content you provide (including your company name and logo), and to broadcast it via the Website and any other communication protocol and to share it with the public in any form for the purposes of promoting and implementing the GAA Programme.
 
9. Limited Liability and Warranty
 
9.1 All Information available from time to time on the Website is for your general reference only. HKSTP does not accept any responsibility whatsoever in respect of any such Information.
 
9.2 YOUR ACCESS TO AND USE OF OUR WEBSITE IS AT YOUR SOLE RISK AND IS PROVIDED "AS IS," "AS AVAILABLE." 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.

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 INFORMATION, 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 UNLESS OTHERWISE EXPRESSLY INDICATED BY HKSTP.
 
9.3 Neither HKSTP nor any of the HKSTP Affiliates shall guarantee or assume any responsibility that:
  1. the Information on the Website is accurate, adequate, current or reliable, or may be used for any purpose other than for general reference;
  2. 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;
  3. messages sent through the internet (including those that are related to the GAA Programme) will be free from interception, corruption, error, delay or loss;
  4. access to the Website will be available or be uninterrupted;
  5. use of the Website or your participation will achieve any particular result; or
  6. defects and/or inaccuracies in the Website will be corrected.
Without limiting the generality of the foregoing, in no event will HKSTP or any HKSTP Affiliates be liable to you or any other person for any direct, indirect, incidental, special, punitive or consequential loss or damages, including any loss of business or profit, arising out of any use, or inability to use, the Information or arising from your participation in the GAA Programme, even if HKSTP or any HKSTP Affiliates have been advised of the possibility of such loss or damages.
 
9.4 You will exercise and rely solely on your own ability, assessment and judgment in your use and interpretation of the Information and your use of the Website on the whole. You are responsible to ensure that your use of the Information obtained through the Website and the GAA Programme in any way for any purpose whatsoever complies with all applicable legal requirements, including without limitation, the data protection law applicable to you.

9.5 The limitation of liability contained in these Terms of Use will apply to the fullest extent permitted by applicable laws.
 
10. Personal Data Collection and Protection
 
Where personal data is collected in connection with the GAA Programme, such data will be subject to our privacy policies and practices that you can read here.
 
11. Partial Invalidity and Severability
 
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 of these Terms of Use.
 
12. Several Users
 
If there are two or more persons adhering to these Terms of Use as user, their liability under the Terms of Use is joint and several, and their rights are joint.

13. Independent Third Party

For the avoidance of doubt, although you may be described as a “partner” of the GAA Programme, neither HKSTPC, any HKSTP Affiliates nor you have any intention to form any partnership under any law, nor to create agency, joint venture, joint group, association or fiduciary relationship of any kind.

14. 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.

15. Governing Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of Hong Kong. You agree to submit to the non-exclusive jurisdiction of the Hong Kong courts.