Terms & Conditions
The following terms and conditions (the “Terms and Conditions”) are published by the Hong Kong Productivity Council (“HKPC”) to govern your use of this website (the “Site”) and the information (the “Information”) and the functions (the “Functions”) contained on or available through the Site (collectively the “Services”). By accessing, using or downloading the Site or the Services, you agree to be bound by this Terms and Conditions, which the HKPC may make changes from time to time and publish the updated version(s) on the Site. You are advised to read this Terms and Conditions carefully each time you access to this Site.
Restrictions on Use
You may not access, use, download, copy, print, display, link, frame, store for subsequent use, transmit or distribute any Information from the Site, except as expressly provided in this Terms and Conditions. You may access the Site and display, download, print, disseminate and re-produce the Information for non-commercial use, provided that you do not cause or permit the Information to be modified in any manner, including without limitation by removal of any copyright notice, disclaimer, warning or notice. You may link to the Site, provided that the link targets the Site registration page at the URL, https://apply.pag.hkpc.org, and that you deliver notice of the link, including the URL of each Web page containing the link, to HKPC.
Risk and Security
You acknowledge that you use the Services of the Site at your own risk and shall bear all risks associated with the use of the Services. You acknowledge that, given the nature of the Web, we 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 shall be held solely and fully liable for all losses and damage incurred by HKPC if:
- 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 of 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 unauthorized advertising, promotional materials, or any form of solicitation, except when expressly authorized 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 interrupt, 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.
Login Account, Password and Project Reference Number
Each applicant and/or applicant company may register a login account and create a password for use of the Services provided on the Site. You may receive a project reference number after submission of an application. You undertake to keep the login account, the password, the project reference number 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 and the Services by any person whatsoever (whether authorized by you or not) with your login account, password and project reference number shall constitute and be deemed the use of the Site 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 authorized and/or unauthorized use of your password, PIN and username.
Disclaimer of Warranties
Except as otherwise provided in this Terms and Conditions, to the maximum extent permitted by applicable law, HKPC provides the Site and the Services on an 'as is' basis and with all faults; and HKPC disclaims with respect to the Site 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.
Although extreme care has been taken to ensure that the information and other services provided on this website are free of errors, mistakes and whatsoever of similar nature, HKPC does not warrant that they are free of errors, mistakes and whatsoever of similar nature in all respects. HKPC shall not be held liable for any loss or damage suffered as a result of any use or reliance on any of the information and other services provided on this website.
Links to Third-Party Sites
The Site 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 this Terms and Conditions of use of any linked site. HKPC reserves the right to terminate any link or linking programme at any time.
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 damages whatsoever, including without limitation damages 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 or the Services, including without limitation any use or misuse of, or inability to use, the Site or the Services, or otherwise under or in connection with any provision of this Terms and Conditions, including without limitation any breach of any term or condition or a fundamental breach of this Terms and Conditions, even if HKPC or anyone acting on its behalf has been advised of the possibility of such damages.
The provisions of this 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 this Terms and Conditions, which shall continue to govern as though the void, voidable or unenforceable provision were not a part hereof.
Suspension and Termination
HKPC or anyone acting on its behalf reserves the right to suspend and/or terminate your use of the Site, and your login account, password and/or project reference number at any time without notice to you.
Jurisdiction and Governing Law
This Terms and Conditions shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region, the People's Republic of China. You agree to submit any dispute arising from or in connection with this Terms and Conditions to the exclusive jurisdiction of the courts of Hong Kong.