HKSTP SPARK TERMS AND CONDITIONS (the “Terms”)
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.
- 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.
- All Participants must be eighteen (18) years old or older at the time of registration.
- 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:
- all information provided in the registration and in relation to SPARK is complete, accurate and truthful;
- to ensure that any Information (including but not limited to Confidential Information) obtained through SPARK is protected from unauthorized disclosure; and
- 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.
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
- 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 email@example.com.
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.
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:
- Any activities that violate any applicable laws or regulations; any illegal (or potentially illegal) activities;
- Interfere with, or attempt to interfere with, any other Participant or any other party’s access to SPARK;
- Use SPARK in manner or for any purpose which breaches any of the Terms;
- 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;
- Stalk, harass, threaten or harm another; and
- Interfere with or disrupt SPARK (including accessing SPARK through any automated means), or any servers or networks connected to SPARK.
- 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.
- 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.
- 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.
- No Participant shall be permitted to use the names and/or logos of HKSTP in any manner without the prior written consent of HKSTP.
- 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.
- 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.
- 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.
- 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.
- In interpreting the Terms, words importing a gender include any other gender.
- 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).