Terms and Conditions
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 mobile application (“App”) (when applicable) and the information (“Information”) and the functions (“Functions”) contained on or available through the Site and/or the App (collectively, the “Services”). By accessing, browsing or using the Site, the App or the Services, you agree to be bound by these Terms and Conditions. You are advised to read the Terms and Conditions carefully before accessing, browsing or using the Site, the App or the Services.
Funding Applications and Account Registration
HKPC aims to provide information related to various funding schemes (“Funding Schemes”) of the HKSAR Government (“Government”) via the Site and the App to assist applicants with the application process. To facilitate application to multiple Funding Schemes in a cost-efficient manner, HKPC offers a Single Sign-on BEE ePass (“BEE ePass”) service on the Site which allows applicants to bind their registered Funding Schemes online for managing registered fund management accounts and submit application information by auto-form filling function (such as names, identification numbers, etc.) for different Funding Schemes.
Risk and Security
After registering a login account with a password, you undertake to keep the login account and the password as confidential information and will not disclose any of this information to any other person under any circumstances. You agree and acknowledge that any use of the Site, the App and the Services by any person whatsoever (whether authorised by you or not) with your login account and password shall constitute and be deemed the use of the Site, the App and the Services by you. You shall be held solely and fully liable to HKPC for any loss and damage arising from your disclosure (whether intentionally or unintentionally) and any authorised or unauthorised use of your account and password. If you become aware of or suspect any loss, theft, disclosure, compromise or unauthorised use of your account or password, it is your responsibility to notify HKPC immediately by email ([email protected]).
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.
You may download the App on a compatible mobile device. The operating system versions of the compatible devices are listed in the app downloading page in the official supplying app store. The list will be updated from time to time. While the App is designed and developed with a view to operating on most commonly-used devices, HKPC does not guarantee that the App is compatible with and can operate properly on all mobile devices. HKPC will not be liable for any losses or any other consequences suffered by you in relation to the installation or use of the App on an incompatible device.
From time to time, HKPC may issue, release or provide updates/upgrades to, or new version of, the App. Such updates/upgrades may take place and be implemented automatically according to the setting of your mobile device, or may require action on your part. In-app messages may be displayed if new updates/upgrades are available. You are advised to always keep the App up-to-date. The App or any part of the Services may not operate properly or at all if the updates are not installed or implemented. HKPC does not guarantee that such updates will continue to be compatible with your existing device.
If necessary, you will be contacted (whether through the Site or the App) via push notification, in-app message and/or email. It is your responsibility to ensure that you have enabled push notification in your mobile device for the App and 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 notice given by us immediately after the notice has been sent via push notification, in-app message or the email address provided by you. That said, HKPC does not guarantee the accuracy, correctness, updated-ness or timeliness of these communications.
Your Responsibility - User Conduct
You agree to use the Services, the Site and/or the App only for purposes that are permitted by these Terms and Conditions, and the laws of the Hong Kong Special Administrative Region ("HKSAR").
You represent, warrant and undertake to HKPC that any information, communication or material submitted to HKPC through the Site and/or the App is true and accurate and 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/or the App and the Services illegally;
- You upload, 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 upload, 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 upload, 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 upload, post email or otherwise transmit any information that contain software viruses or any other computer code, files or programs that would interrupts, 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 or the App and any account registered) 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, including after the invalidation of your account or termination of any funding application.
Links to Third-Party Sites
The Site and/or the App 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 and/or the App 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 and/or the App in any ways or for any purposes. Such requests for consent must be addressed to HKPC via email ([email protected]).
Where third party are involved in the contents found on the Site and/or the App or contents on other websites or apps linked to the Site and/or the App (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.
Except as otherwise provided in the Terms and Conditions, to the maximum extent permitted by applicable law, HKPC provides the Site, the App and the Services on an 'as is' basis and with all faults; and HKPC disclaims with respect to the Site, the App and the Services all warranties and conditions, whether express, implied or statutory, including without limitation any warranties or conditions of or related to accuracy, currency, merchantability, fitness for a particular or any purpose, durability, absence of defects, title, non-infringement of third party intellectual property rights, or fault-free or continuous service or operability. HKPC may add, modify, suspend and/or terminate any Services and/or any procedures in relation to the use of such Services without giving any prior notice.
The Information provided by HKPC is for reference only. Whilst HKPC endeavours to ensure the accuracy of the Information, no express or implied warranty is given by HKPC as to the accuracy of the Information. HKPC does not accept any responsibilities for any loss or damage whatsoever arising from any cause whatsoever in connection with such Information. HKPC is entitled to delete, suspend or edit all Information at any time at its absolute discretion without giving any reason. Users are responsible for making their own assessments of all Information contained in or in connection with the Site and/or the App, and are advised to verify such Information by making reference to its original publication and obtain independent advice before acting on it.
HKPC will not have or accept any liability, obligation or responsibility whatsoever for any loss, destruction or damage (including without limitation consequential loss, destruction or damage) however arising from or in respect of any use or misuse of or reliance on the Site, the App or the Services, or unavailability of the Services.
The Site and/or the App may contain materials contributed by third parties including but not limited to various Government departments. To facilitate access to information provided by or via third parties, the Site and/or the App may provide or assist in providing links to external websites or apps. HKPC has not approved or endorsed the materials contributed by third parties on the Site and/or App or any external websites or apps linked to the Site and/or the App. Unless explicitly stated otherwise, the provision of any such materials or links to external websites or apps shall not constitute any form of co-operation or affiliation with HKPC of any such third parties or external websites or apps. Provision of, or assistance in providing, materials contributed by third parties on the Site and/or the App or links to external websites or apps gives rise to no statement, representation or warranty, express or implied, that HKPC agrees or does not disagree with the contents of any such materials or external websites or apps and HKPC will not have or accept any liability, obligation or responsibility whatsoever for any loss, destruction or damage (including without limitation consequential loss, destruction or damage) however arising from or in respect of any use or misuse of or reliance on the contents of any such materials or external websites or apps delivered on or via the Site and/or the App, or inability to use any of them.
Without limiting the generality of the foregoing, nothing on or provided via the Site and/or the App shall constitute, give rise to or otherwise imply any endorsement, approval or recommendation on HKPC’s part of any third party, be it a provider of goods or services or otherwise.
HKPC does not give any warranty in relation to the use of the Site and/or the App, and/or any third party websites or apps linked to Site and/or the App, and does not warrant against any possible interference or damage to your device arising from the downloading, installation or use of the Site and/or the App. HKPC makes no representations or warranties regarding the accuracy, functionality or performance of any third party software that may be used in connection with the Site and/or the App. HKPC does not warrant or represent that the Site and/or the App or any information or any electronic data or information transmitted to you through the Site and/or the App is free of computer viruses. HKPC shall not be liable for any loss, destruction or damage arising out of or in relation to any transmission from you to HKPC or vice versa over the internet.
When performing the “auto form filling” function on the SSO system, HKPC does not guarantee whether the fields match the context of the online form. It is your responsibility to review the contents of the online form and edit the information as appropriate to ensure all the information are accurate, true, correct and up to-date before submission.
HKPC may process an application or a request if it is reasonably believed that the request is made by you without being liable in any circumstances. You will be bound by that application or request as understood and executed by HKPC in good faith even if (i) it is incorrect, false or unclear, or (ii) it was not made by you. HKPC has no obligation to verify the identity of the person making an application or a request apart from the authentication methods as stated in the Site / the App.
HKPC has the right to delay processing or refuse to process an application or a request if we are aware of or suspect a breach of security, violation of these Terms and Conditions, or other suspicious circumstances relating to your account or use of the Services. HKPC is not liable for any delay or refusal to act in these circumstances. You will be informed of any delay or refusal if it is reasonably practicable to do so.
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 damage 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, the App or the Services, including without limitation any use or misuse of, or inability to use, the Site, the App 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.
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 App and 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. This provision survives suspension or invalidation of your account and termination of funding application.
Notice for Minors and their Parents/Guardians (if applicable)
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 will be notified of the updates or changes through publication of the revised terms on the Site and/or the App. You should read the revised Terms and Conditions before proceeding to use the Services. Your accessing and using the Services (whether via the Site and/or the App) 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.
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.
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 HKSAR. You agree to submit any dispute arising from or in connection with these Terms and Conditions to the exclusive jurisdiction of the courts of HKSAR.