TERMS OF USE
1. Acceptance of the Terms of Use
1.1. We are Esperanza Limited and our registered office is at 15/F, China Taiping Tower Phase 2, 8 Sunning Road, Causeway Bay, Hong Kong (“Esperanza”).
1.2. Welcome to the website of Esperanza, on behalf of itself and its affiliates, partners, licensors and service providers (collectively as the “Organisation”, also referred to as “us” or “we”) (“Website”). These Terms of Use (“Terms of Use”) govern your access to and use of the Website, including but not limited to any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Website (collectively referred to as the “Content”) and functionality offered on or through our website, and the treatment of any personal data that you choose to submit.
1.3. Each time you use the Website, you accept and agree to be bound and abide by the Terms of Use and the Privacy Policy incorporated herein (“Privacy Policy”). All information we collect on the Website is subject to the Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
1.4. If you do not agree to these Terms of Use or the Privacy Policy, please do not access or use the Website.
2. Changes to the Terms of Use
2.1. We may revise and update the Terms of Use from time to time in our sole discretion. All future changes are effective and binding when they are posted.
2.2. If you use the Website following the posting of the revised Terms of Use you accept and agree to the changes. It is your responsibility to check this page from time to time so you are aware of any change, as they are binding on you if you choose to continue to access or use the Website.
3. Ability to Accept Terms of Use
3.1. The Website is not intended for and may not be used by minors. By using the Website, you acknowledge that you are at least 18 years of age, or possess legal, parental or guardian consent, and are fully able and competent to agree with, abide by and comply with these Terms of Use (including our Privacy Policy, and other documents referred to herein).
3.2. If you are using the Website on behalf of an entity, by using the Website you represent that you have the necessary rights and authority to agree to these Terms of Use (including our Privacy Policy, and other documents referred to herein) on behalf of that entity.
4. Accessing the Website
4.1. You are responsible for making all arrangements necessary for you to have access to the Website and ensuring that all persons who access the Website through your internet connection are aware of the Terms of Use and comply with them.
4.2. To access the Website or the features and functionalities it offers, including registration for events, programmes, making donations, submission of enquiries, suggestions or comments, application for job, internship or volunteering opportunities and participation in surveys which may be transmitted to you through email (“Functionalities”), you may be asked to provide certain registration details including but not limited to certain personal information. All information you provide on the Website must be correct, current and complete. Furthermore, you agree that all information you provide is governed by the Privacy Policy, and you consent to all actions we take with respect to your information consistent with the Privacy Policy.
4.3. If you participate in any event and/or programme that are administered by the Organisation (“Programmes”), you agree that any photograph, video and/or other likeness taken of you in such Programmes may be used, edited, altered, combined with other photographs, videos, texts, audio recordings and/or graphics, reproduced, distributed, and/or published by us to promote the Organisation.
4.4. We reserve the right to close or amend the Website and withdraw any Content or Functionalities we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website to users.
5. Intellectual Property Rights
5.1. The Website and its Content, features and Functionalities, are owned by the Organisation, or other providers of such material and are protected by national and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
5.2. We endorse the sharing of the materials on the Website for your personal, non-commercial use. You may distribute, download, store and/or transmit any of the material on the Website, subject to Clause 13 herein and the following:
(a) you shall not reproduce, modify, create derivative works of, publicly display, publicly perform or republish any of the material on the Website;
(b) you shall not modify copies of any material from this site;
(c) you shall not use any illustration, photograph, video or audio sequence or any graphic separately from the accompanying text; and/or
(d) you shall not delete or alter any copyright, trademark or other proprietary rights notice from copies of materials from this site.
5.3. We respect the intellectual property rights of others and expects users of the Website to do the same. We will respond to notices of alleged copyright infringement that comply with applicable laws and are properly provided to us. If you believe that any of your copyrighted work has been used in a way that constitutes copyright infringement, please contact us at [email protected].
5.4. We reserve our right to remove any material alleged to be infringing from the Website without prior notice, at our sole discretion, and without liability to you.
6. Prohibited Uses of the Website
6.1. You may access and use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to:
(a) access or use the Website in any way that violates any applicable laws or regulations (including, without limitation, any laws regarding the export of data or software to and from other countries);
(b) access or use the Website to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards defined herein;
(c) access or use the Website to transmit, or procure the sending of, any advertising or promotional material without our prior written consent including any “junk mail,” “chain letter” or “spam” or any other similar solicitation;
(d) impersonate or attempt to impersonate the Organisation, an Organisation employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing);
(e) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Organisation or users of the Website or expose them to liability;
(f) use the Website in any manner that could reasonably be expected to potentially disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website;
(g) use any robot, spider or other automatic device, process or means to access the Website for any purpose, including, without limitation, monitoring or copying any of the material on the Website;
(h) use any manual process to monitor the Website or for any other unauthorised purpose without our prior written consent;
(i) use any device, software or routine that interferes with the proper functioning of the Website;
(j) introduce to the Website any virus, trojan horse, worm, logic bomb or other material which is malicious or technologically harmful;
(k) attempt to gain unauthorised access to, interfere with, damage or disrupt any part of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
(l) attack the Website via a denial-of-service attack or a distributed denial-of-service attack; and/or
(m) otherwise attempt to interfere with the proper working of the Website.
7. User Contributions
7.1. The Website may contain Functionalities that allow users to submit content, idea, comments or other materials (“User Contributions“) on or through the Website.
7.2. All User Contributions must comply with the Content Standards defined herein.
7.3. We recognise and respect all intellectual property rights in the User Contributions. By providing any User Contributions on the Website, you grant the Organisation, and each our respective licensees, successors and assigns the irrevocable right to display, distribute and otherwise disclose to third parties any such material, with no compensation paid to you with respect to the User Contributions that you submit, transmit or otherwise make available through the Website.
7.4. You represent and warrant that:
(a) all of your User Contributions do and will comply with the Terms of Use;
(b) your User Contributions represent your original work, or you have all necessary rights to disclose the User Contributions to the Website, the Organisation and each of our respective licensees, successors and assigns, and will not infringe upon any other individual’s or entity’s right;
(c) you own or control all rights in and to the User Contributions and have the right and authority to grant the above rights to the Organisation, and each of our respective licensees, successors and assigns;
(d) you understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Organisation, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness; and
(e) you understand and acknowledge that we are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
8. Content Standards
8.1. User Contributions must in their entirety comply with all applicable laws and regulations. Moreover, without limiting the foregoing, they must also not:
(a) contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
(b) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(c) infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
(d) violate the legal rights of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with the Terms of Use and the Privacy Policy;
(e) be likely to deceive any person;
(f) promote any illegal activity, or advocate, promote or assist any unlawful act;
(g) cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
(h) impersonate any person, or misrepresent your identity or affiliation with any person or organisation;
(i) involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; and/or
(j) give the impression that they emanate from or are endorsed by the Organisation or any other person or entity, if this is not the case (collectively, the “Content Standards”).
9. Donations
9.1. In support of Esperanza, the Organisation will invite users to make donations on or through the Website. For the purpose of making donations, users who wish to do so will be required to provide us with certain personal information.
9.2. It is a condition of your use of the Website that all the information you provide for the purpose of making donations (if any) is correct, current and complete. You agree that all information you provide us to process such donation is governed by the Privacy Policy, and you consent to all actions we take with respect to your information consistent with the Privacy Policy.
9.3. You represent and warrant that any monies paid to Esperanza in the form of donations on or through the Website are not from any illicit source and are not obtained and/or dealt with in contravention of any applicable local or international laws or regulations, including but not limited to anti-money laundering, anti-terrorism and anti-corruption laws and regulations.
9.4. We have the right to refuse any donation without providing any explanation. Any donation so refused will be returned to the donor. We also have the right to report any suspicious transaction to the relevant authorities.
10. Monitoring and Enforcement; Termination
10.1. We have the right to:
(a) take any action with respect to any User Contributions that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contributions violate the Terms of Use, infringe any intellectual property right or other right of any person or entity, threaten the personal safety or dignity of users of the Website or the public or could create liability for the Organisation;
(b) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
(c) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorised use of the Website; and/or
(d) terminate or suspend your access to all or part of the Website for any violation of the Terms of Use.
10.2 Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authority or court order requesting or directing us to disclose the identity or other information of anyone posting any material on or through the Website.
11. Waiver and Indemnification
11.1. You agree to defend, indemnify and hold harmless the Organisation, as well as its respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claim, liability, damages, investigation, judgment, award, losses, costs, expenses or fees (including reasonable attorneys’ fees), made by any third party, arising out of or relating to, among others:
(a) your violation, misappropriation or infringement of any third party right, including, but not limited to any copyright, property, or privacy right; and/or
(b) your violation of the Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Content other than as expressly authorised in the Terms of Use or your use of any information obtained from the Website.
11.2. You agree to irrevocably release and discharge the Organisation, each of our respective licensees, successors or assigns from and against any cause of action, claim, damages, liability and demand, which you now have or hereafter may have against the Organisation, each of our respective licensees, successors or assigns with respect to your User Contributions, including but not limited to how the Organisation, each of our respective licensees, successors or assigns directly or indirectly display, distribute or otherwise disclose to third parties your User Contributions.
11.3. You agree to irrevocably release and discharge the Organisation, each of our respective licensees, successors or assigns from and against any cause of action, claim, damages, liability and demand, which you now have or hereafter may have against the Organisation, each of our respective licensees, successors or assigns with respect to the Organisation’s use of any photograph, video or other likeness taken of you in the Programmes, including but not limited to how the Organisation, each of our respective licensees, successors or assigns directly or indirectly use, reproduce, modify, or display any photograph, video or other likeness taken of you in the Programmes.
11.4. We assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party or for performance or non-performance of the activities described in this section.
11.5. You agree to promptly notify the Organisation of any third party claim, cooperate with the Organisation in defending such claims and pay all fees, costs and expenses associated with defending such claims (including, but not limited to, attorneys’ fees). You agree not to settle any matter in which you have indemnity obligations towards the Organisation without the Organisation’s prior written consent.
12. Disclaimer of Warranties and Liability
12.1. The Organisation hereby disclaims any warranty, whether express or implied, statutory or otherwise, including but not limited to any warranty of non-infringement, completeness, security, reliability, quality, accuracy or uninterrupted or error-free availability of the Website, its Content, that defects will be corrected, that the Website or the server that makes it available are free of viruses or other harmful components or that the Website or any Programmes administered by the Organisation will otherwise meet your needs or expectations.
12.2. The Website may include content provided by third parties, including materials provided by other users and, third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the Content provided by the Organisation, are solely the opinions and the responsibility of the person or entity providing those materials. We are not responsible or liable to you or any third party, for the content or accuracy of any material provided by any third party.
12.3 You acknowledge and understand that we cannot and do not guarantee that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checks to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
12.4. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programmes, data or other proprietary material due to your use of the Website or due to your downloading of any Content posted on it, or on any website linked to it.
12.5. Your use of the Website is at your own risk, and its Content and any Programmes administered by the Organisation are provided on an “as is” and “as available” basis.
12.6. We make no promise that the Content of the Website is appropriate or that the Website is available for use in locations outside Hong Kong. Accessing the Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Website from elsewhere, you do so on your own initiative and are responsible for compliance with local laws.
12.7. We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
12.8. The foregoing does not affect any warranty that cannot be excluded or limited under applicable laws.
13. Linking to the Website and Social Media Features
13.1. You may link to any page of the Website from your own website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
13.2. The Website may provide certain social media features that enable you to:
(a) link from your own or certain third-party websites to certain Content on the Website;
(b) send e-mails or other communications with certain Content, or links to certain content, on the Website; and/or
(c) cause certain page of the Website or certain Content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.
13.3 You may use these social media features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not take any action with respect to the materials on the Website that is inconsistent with any other provision of the Terms of Use.
13.4. You agree to cooperate with us in causing any unauthorised framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media feature and any link at any time without notice in our discretion.
14. Links from the Website
14.1. If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party website linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
14.2. Links to other websites and services do not constitute an endorsement by us of such websites or services, or the information, products, advertising or other materials made available by such third parties.
15. Governing Law and Jurisdiction
15.1. All matters relating to the Website and the Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of Hong Kong without giving effect to any choice or conflict of law provision or rule (whether of Hong Kong or any other jurisdiction).
15.2. Any legal suit, action or proceeding arising out of, or related to, the Terms of Use or the Website shall be instituted exclusively in Hong Kong, although we retain the right to bring any suit, action or proceeding against you for breach of the Terms of Use in your country of residence or any other relevant country if appropriate. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
16. Waiver and Severability
16.1. No waiver by the Organisation of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Organisation to assert a right or provision under the Terms of Use shall not constitute a waiver of such right or provision.
16.2. If any provision of the Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
17. Entire Agreement
17.1. The Terms of Use and the Privacy Policy constitute the sole and entire agreement between you and the Organisation with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
18. Miscellaneous
18.1. The section titles in the Terms of Use and the Privacy Policy are for convenience only, they are not intended as advice and have no legal or contractual effect.
18.2. We may provide you with notices, including those regarding changes to the Terms of Use and the Privacy Policy by notifications through the Website. If you have provided your email address to us on or through the Website, you consent to receiving communications from us electronically. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store electronic communications such that they remain accessible to you in an unchanged form.
18.3. In case of discrepancies between the English and Chinese language versions of the Terms of Use, the Privacy Policy and Contents of the Website, the English version shall prevail.
19. Your Comments and Concerns
19.1. This Website is operated by Esperanza. All feedback, comments, requests for technical support and other communications relating to the Website should be directed to [email protected]
Last updated: 23 November, 2018