Terms and Conditions

 

Terms and Conditions

 

SOCIALCAPITAL.SHARE ("Site") is operated by Hong Kong Quality Assurance Agency ("HKQAA") (“Company”).  

The Site’s content shall be available for registered or non-registered users’ viewing (“Users”). User must however register as the Site’s member (“Member”) in order to post, upload and forward their comments, documents and photos its online discussion forum services.

 

By accessing to, the viewing of and/or using the Site, Users acknowledge and unconditionally agree to the applicable Privacy Policy (“Privacy Policy”) and the terms and conditions that are set out hereinbelow (“Terms and Conditions”). If a User does not accept either or both of the Privacy Policy and this Terms and Conditions, please immediately cease accessing, viewing and/or using the Site.

 

By signing up as a member of the Site and/or using the Services of the Site, Members acknowledge and unconditionally agree to the applicable Privacy Policy and the Terms and Conditions. If a Member does not accept either or both of the Privacy Policy and this Terms and Conditions, please immediately (i) request in writing to terminate his/her membership with the Site by emailing the Company at socialcapital@hkqaa.org, (ii) cease using the Services of the Site, and (iii) cease accessing, viewing and/or using the Site.

 

1. General Terms

 

The Company allows Users that access and viewing of the Site (except certain webpages and/or functions restricted only to the Members), and provides to Members online discussion forum services (including posting, voting, and gaining forum points), provides to Users the information about the Social Capital Personnel Registration Scheme ("Services").

 

The Company is not a party to nor is it involved in any actual transactions between the Users or Members.

 

The Company is committed to protect the privacy of the Users and Members, and shall collect, handle and use the Personal Information (as defined in our Privacy Policy) of the Users and Members according to our Privacy Policy.

 

2. Membership

 

Users may sign up as a member of the Sites by submitting to the Site (i) the completed online sign up form and (ii) the required information (both personal and non-personal). Users warrant that the information and documents that the Users provide when they register as Members are true, accurate, complete and not misleading in all respects.

 

Members must also promptly update the Company where there is any subsequent change to the information that they have provided.

 

Members must keep their password and other login information related to their membership account strictly confidential. They have the responsibility to make sure such information stays secure. Members agree to inform the Company immediately if their password or account information have been disclosed, accessed or used without their authorisation.

 

The Company is not responsible or liable for any loss or damage in relation to the unauthorized disclosure to, access to or use of the Member’s account by any other person.

 

The Company reserves its full discretions and rights to take all actions as it deems necessary or appropriate to ensure the safety, integrity and quality of the Site, including without limitation:

  1. monitoring and recording Internet activities and Internet protocol addresses;
  2. verifying Users’ information;
  3. tracing and tracking information flow;
  4. terminating membership, refusing membership application or cancelling any membership account;
  5. editing, disclosing, removing or deleting any materials posted, uploaded, published, distributed or stored on the Site; and  
  6. blocking or denying Users’ further access to the Site.

 

3. Use of the Site’s Services

 

Members agree not to use the Services under any of the following manner or for any of the following purposes: -

  1. Members must not post, upload, publish, distribute or store any materials that (A) infringe the copyright, trademark, trade secrets or any other intellectual property rights of others, (B) are discriminatory, libellous, offensive, defamatory, obscene, threatening, abusive or harassing, (C) are in violation of any applicable laws or regulations.
  2. Members must not post, upload, publish, distribute or store any materials that contains any false, inaccurate or misleading information.
  3. Members must not engage in spamming on the Site’s online discussion forum.
  4. Members must not post, upload, publish, distribute or store any materials that contains any computer viruses, trojan horses or any other materials that may interrupt, damage or limit the functionality of any computer hardware, software or devices.
  5. Members must not conduct on or use any part of the Site (including the Site’s Services and Member’s list) to carry out any commercial dealings or transactions without the Company’s prior express written consent. Any such commercial dealings or transactions authorised by the Company must comply with this Terms and Conditions herein, our Privacy Policy and other terms and conditions attached to the Company’s consent, agreement or authorisation for the same.
  6. Members must not violate or attempt to violate the security of the Site or its Services. In particular, they must not trespass, break into, access, use or attempt to trespass, break into, access or use any parts of the Company’s servers, and/or any data areas without the Company’s express written authorisation. Such violation may result in civil and/or criminal liabilities.

 

Members shall be solely responsible for the materials (including any of their or other’s personal information) that they post, upload, publish, distribute or store on the Site. Members have agreed that all such materials are posted, uploaded, published, distributed or stored voluntarily and at their own risk. Upon the posting, uploading, publishing, distributing or storing of any materials on the Site, the Member has consented to share such materials to the public. The Members will hold the Company harmless for activities related to their use of the Site’s Services.

 

4. Intellectual Property Rights

 

All designs and contents of the Site, including but not limited to, the text, images, sounds, layout, database and software, are the Company’s intellectual properties (“Site’s IP”). They are protected by the applicable copyright and trademark laws and may not reproduced, copied or used without the express written consent of the Company, except for the re-dissemination or reproduction by the Users or Members of any such content as provided and owned by the Company for non-commercial purpose and with clear and express acknowledgement of the Site as the source of information.

 

The Company hereby grants the Users and Members a limited license to view and access the contents of the Site, which may involve the making of transient, incidental or temporary copies of the Site’s IP or caching for the purpose of internet browsing.

 

5. Contents on the Site

 

The Company may not have verified, reviewed or approved certain content before it is posted, uploaded, published, distributed or stored on the Site, especially those posted, uploaded, published, distributed or stored by other Members. Any such materials are purely for User’s and Member’s general reference only. The Company takes no responsibility for the content posted, uploaded, published, distributed or stored on the Site and does not make any representations or warranties regarding the content or accuracy of any material therein.

 

Any documents or files downloaded from this Site is at the User’s or Member’s own risk and the Company neither assumes nor accepts liability for any loss, damage (whether direct or indirect) howsoever arising out of any computer viruses, "Trojan Horses", "Worms", software "bombs" or similar items or programmes.

 

Any comments and opinion expressed by the Members on the Site are individual comments and opinions. They do not in any way represent or reflect the Company’s opinion or position, and the Company shall not be responsible for any of such comments or opinions.

 

Any materials posted, uploaded, published, distributed or stored on the Site may be viewed or accessed by other parties and the Company is not responsible for any use of the materials posted, uploaded, published, distributed or stored on the Site by any third party.

 

Users and Members acknowledge that any links to third party web sites, media platforms and/or applications on the Site are provided only for the convenience of the Users and Members. The aforesaid links are in no way a form of the Company’s endorsement of the content or third parties related to such third-party web sites, media platforms and/or applications, and the Company is not responsible for any activities or contents conducted or found on such third-party web sites and/or media platforms and/or applications.

 

The Company reserves its full right to edit, disclose, remove or delete any materials posted, uploaded, published, distributed or stored on the Site at any time as it sees fit without any remedy to any Users or Members.

 

By posting, uploading, publishing, distributing or storing materials on the Site, the Member unconditionally grants the Company a worldwide, non-exclusive, royalty-free and irrevocable license to reproduce, copy and use such materials in any form and for any purposes as long as it complies with our Privacy Policy and this Terms and Conditions set out herein.

 

6. Disclaimer
 

The opinions expressed on this exchange platform are the views of the poster and do not reflect the position of the Company, the Community Investment and Inclusion Fund or the HKSAR Government. The Company, the Community Investment and Inclusion Fund, and the HKSAR Government shall not be liable to any loss or damages caused by the information or opinions contained in this exchange platform.
 

7. Accessibility Statement

 

The Company is committed to ensuring that the Site conforms to the World Wide Web Consortium (W3C) Web Content Accessibility Guidelines (WCAG) 2.0 Level AA requirements to the maximum extent possible. If anyone has any problem accessing information on the website, please email the Company at socialcapital@hkqaa.org.

 

8. System Availability

 

The Company does not guarantee uninterrupted, continued or secure access to the Site. Part or the entire Site may be unexpectedly unavailable for whatever duration and for various reasons that may include system malfunctions and disruption, Internet access downtime and other technical problems beyond the Company’s control for which the Company cannot and shall not be held responsible. Users and Members agree that their use of the website is at their own risk and that they will not hold the Company responsible for any responsibility, liability damage or loss caused by their inability to use the Site for any reason whatsoever. The Company reserves the right to take any part or all of the Site offline for various reasons including but not limited to system maintenance or upgrading.

 

9. Warranty

 

The Site’s content and Services are provided on an “as-is” basis. No representation or warranty, express or implied, is made as to, and no reliance should be placed on the fairness, accuracy, completeness or correctness of any materials posted, uploaded, published, distributed or stored on the Site. The Company hereby individually and collectively expressly disclaim any warranties of duties of care associated with the provision of any material or information on this Site. Further, no warranty regarding the non-infringement, security or fitness for purpose is given in connection with any such materials, information or any other third-party websites (link or access of which are provided on the Site).

 

10. Indemnity

 

Users and Members shall indemnify and hold harmless the Company, its officers, directors, employees, agents, representatives and shareholders from and against any demands, claims, actions, liabilities, losses, damages, costs and expenses (including legal fees and litigation expenses on a full indemnity basis) arising from or resulting from their use of the Site or their breach of this Terms and Conditions set out herein or our Privacy Policy.

 

11. Termination of Service

 

Without prejudice to the Company’s rights under any provision of this Terms and Conditions or applicable laws, the Company shall have the rights and at its own discretions to refuse any membership application, delete and/or cancel any membership account, or block or deny the access of any Users and Members to the Site and/or its Services upon violation or breach of any of the provisions in this Terms and Conditions by the Members and/or Users.

 

12. Change to this Terms and Conditions and Our Privacy Policy

 

The Company reserves the right to revise at any time the Privacy Policy and this Terms and Conditions at its sole discretion and without any prior notice.

 

Users and Members should visit the Site regularly to review the updated Privacy Policy and Terms and Conditions.

 

The User’s and/or Member’s continuing service of the Site and/or its Services shall constitute as an acceptance to the latest Privacy Policy and Terms and Conditions. The User may cease accessing the Site and the Member may terminate its membership account with the Company by providing a written request if the User or Member deem any updates or changes to the Privacy Policy or Terms and Conditions unacceptable.

 

13. Security Measures

 

The Company shall collect, handle and use all such Personal Information collected from the Users or Members in accordance to the Company’s Privacy Policy.

 

14. Severability

 

If any provision of this Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall be enforced to the fullest extent permitted by applicable law not affecting the validity and enforceability of any remaining provisions.

 

15. Transfer of Rights and Obligations

 

The Users and Members may not transfer, assign, sub-contract or charge this Terms and Conditions or any of its rights or obligations hereinunder, without the Company’s prior written consent.

 

The Company may transfer, assign, sub-contract or charge this Terms and Conditions or any of its rights or obligations hereinunder at any time during its term.

 

16. Waiver

 

If the Company fails at any time to insist upon strict performance of any of the User’s or the Member’s obligations under this Terms and Conditions, or if the Company fails to exercise any of the rights or remedies to which it is entitled under this Terms and Conditions, it shall not constitute a waiver of such rights or remedies and shall not relieve the Users or Members from their compliance with such obligations.

 

17. Entire Agreement

 

These Terms and Conditions, the Privacy Policy, and any document expressly referred therein represent the entire agreement between the Company and the Users or Members and supersede any prior agreement, understanding or arrangement between the parties, whether oral or in writing.

 

The Users or Members acknowledge that, in entering into a contract with the Company, they have not relied on any representation, undertaking or promise given by the Company or any third party or be implied from anything said or written in negotiations between the parties prior to such contract except as expressly stated in this Terms and Conditions.

 

18. Governing Law and Dispute Resolutions

 

This Terms and Conditions shall be governed and construed in accordance with the laws of Hong Kong.

 

Any dispute, controversy, difference or claim arising out of or relating to this Terms and Conditions, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted.

 

The seat of arbitration shall be Hong Kong.

 

The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.

 

19. Contact Us

 

If you have any questions regarding this Terms and Conditions, please contact us by sending an email to socialcapital@hkqaa.org.