服務條款 Terms and Conditions
In these Terms and Conditions, the following terms shall have the respective meanings specified below unless the context otherwise requires:
"Institution" means user(s) who place an advertisement or promotes any course related activities via the Platform.
"UGP" means The UGP Group.
"Student" means users seeking for class enrollment.
"The Platform" means the website "www.hobbi.hk" and/or the mobile applications "hobbi.app" owned and operated by The UGP Group and its affiliates/subsidiaries.
The terms "you", "user" and "users" herein refer to all individuals and/or entities accessing and/or using the Platform at any time for any reason or purpose.
Acceptable Site Uses
Specific Uses – Student
Student agrees that he/she shall only use the Platform for lawful purposes and enrollment inquiries,
Student agrees to keep his/her login name and password with care and not to disclose them to any other person. Student is solely responsible for maintaining the confidentiality, safekeeping and security of such login name and password and shall notify us immediately of any unauthorized use of the same.
Although we shall use its reasonable endeavors to restrict access to the Database only to the Institutions and personnel of UGP, it does not guarantee that other parties will not, without our consent, gain access to the Database. We are not responsible for the retention, use or privacy of PII in these instances, or for the use or privacy of PII by any of such parties while the PII are in the Database. We will not be responsible or held liable in any way if any Institution or other user, in breach of the Terms and Conditions, whether in Hong Kong or elsewhere, uses the Student's personal data, information or materials for any purpose other than for recruiting potential employees. Student accepts that all personal data, information or materials given to Institution or other users, or submitted on or through the Platform, are given entirely at his/her own risk.
Specific Uses – Institution
Upon payment of the service fee to the Platform or upon acceptance of any free trial promotion offer, Institution will be entitled to use the Platform to advertise course information. Subject to the conditions or requirements from time to time stipulated by us regarding the access to Student's information or data, Institution will be entitled to access the Database but agrees that all information or data obtained as a result of such access shall only be used for the sole purpose of course enquiry and assessing the suitability of Students and that such information or data shall not be disclosed to any other parties without the prior consent of the Student concerned. Institution acknowledges and agrees that it shall disregard any information or data received from Student which is irrelevant to course enquiry and assessing the suitability of Students.
Institution shall be solely responsible for the contents of and materials contained in its advertisement and/or web page posted on the Platform. We reserves the right to remove or edit, or require the removal or amendment of, any advertisement or web page as it sees appropriate, or to terminate or suspend the Institution's access and use of the Platform and/or services offered on or through the Platform, in accordance with the agreement for such services between Institution and the Platform.
UGP shall have the right to terminate any services offered to any Institution and to remove any advertisement and/or web page posted at the Platform's sole discretion, without any compensation or recourse to Institution in the event that the relevant Institution or the contents of the relevant advertisement and/or web page is or are in breach of any of the provisions herein; whereas, in the event that we decide to remove an advertisement or web page for any reasons not relating to any breach of the provisions herein, we may after deducting the fees charged for the period that the advertisement or web page has been posted on the Platform, refund the remaining fees (if any) to the relevant Institution.
From time to time we may invest in marketing campaigns to promote the Institution (including but not limited to Google ads, Yahoo – Bing ads, Baidu ads, Facebook ads, Twitter ads, ad networks, Demand Side Platforms, Real Time Bidding, retargeting and other programmatic buying strategies) and acknowledge that such promotion may be outside the domain of the Platform or its subsidiaries / affiliates.
We also reserve the right to change the service fee or institute new charges or fees, from time to time, as it deems appropriate. In the event that any Institution fails to pay the service fee or any other fees or charges, we reserve the right to suspend or terminate the Institution's web page and/or advertisement and/or right to access the Database, without prejudice to all other rights and remedies available.
Prohibited Uses – Users
Users agree(s) that: -
Any communications or use of the Platform for any purposes other than courses enquiry purposes, including but not limited to soliciting of donations or business for any reason, are strictly prohibited.
All users shall not use the Platform in any manner that infringes the intellectual property rights or proprietary rights of others.
All users shall not delete, revise or remove any material posted by any other person or entity.
All users are prohibited from violating or attempting to violate the security of the Platform including, without limitation, accessing data not intended for them or logging into a server or account which they are not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication measures without proper authorization, attempting to interfere with service to any user, host or network or sending unsolicited e-mail, including promotions and/or advertisements for products or services. Violations of system or network security may result in civil and/or criminal liabilities.
All users shall not upload, post, publish, transmit, distribute, circulate or store any material in whatsoever way relating to the Platform (i) in violation of any applicable laws or regulations; (ii) in any manner that may infringe the copyright, trademark, trade secrets or other intellectual property rights or proprietary rights of others or violate the privacy or publicity or other personal rights of others; (iii) that is harmful, defamatory, libelous, obscene, discriminatory, harassing, threatening, abusive, hateful, racist, blasphemous, false, illegal, improper or is otherwise offensive or objectionable; (iv) in the manner that causes unrest in politics, religion, national security or stability of the Platform; or (v) that contains viruses, trojan horses, worms, corrupted files or other materials that may interrupt, damage or limit the functionality and operation of the Platform, the services offered on the Site, or of any computer software or hardware or telecommunication equipment.
All users are prohibited in using screen scraping, data mining, robots or similar data gathering and extraction tools on the Platform for establishing, maintaining, advancing or reproducing information contained on the Platform on your own website or in any other publication, except with our prior written consent.
Intellectual Property Rights
All contents of the Platform, including without limitation information, text, graphics, images, layout, designs, pictures, logos, editorial content, HTML and other proprietary materials on the Platform (collectively "Contents") are the intellectual property of UGP or its licensors and are protected by copyright, trademark, patent and other intellectual property laws. Users acknowledge and agree that the Contents are made available solely for their personal non-commercial use. Except as otherwise provided in this paragraph, users shall not, and shall not procure, assist or facilitate any third party to, copy, reproduce, transmit, publish, disseminate, distribute, redistribute, broadcast, circulate, store (in any medium), display, modify, sell or transfer or participate in the sale or transfer of or offer for sale of, create derivative works from, or in any way exploit any of the Contents, whether in whole or in part. Users may download or copy the Contents solely for their personal non-commercial use and/or users that are expressly permitted in these Terms and Conditions, provided that users will not delete or amend any symbols or statements in the Contents that indicate the subsistence therein of copyright, trademark and any other proprietary rights. Users do not have any right, title or interest in or to any or any part of the Contents as a result of such downloading or copying. We reserve all its rights of enforcement of all its intellectual property rights or proprietary rights in the Contents, including without limitation against any use of any of the Contents that is not expressly permitted under the Terms and Conditions. For the avoidance of doubt, any purported consent of any third parties (including Institutions) to the use of the Contents or any part thereof shall not in any way exonerate the users from the restrictions/prohibitions imposed hereunder in whatsoever manner.
UGP reserves the right to monitor the Platform and its contents at any time, but is not obliged to do so. We take no responsibility whatsoever for any material on the Platform that is not posted by us or is otherwise posted by us on behalf of a user. All users acknowledge and agree that they are fully responsible for the form, content and accuracy of any information, data, advertisement, web page and/or material submitted by them or that is otherwise posted by them on or through the Platform. We do not warrant that any resume, information, data, advertisement or web page will be viewed by any specific number of users or that it will be viewed by any specific user or result in successful recruitment of personnel. We will not in any way be considered an agent of either Institution or Student with respect to any use of the Platform. We will not be responsible in any way for any decision, for whatever reason, made by any party seeking or posting course(s) on the Platform, or of any party responding to or posting course(s) on the Platform. WHILST THE PLATFORM HAS ENDEAVORED TO PROVIDE A QUALITY SERVICE TO INSTITUTIONS AND STUDENTS, WE DO NOT WARRANT THAT THE PLATFORM WILL OPERATE ERROR-FREE OR THAT THE PLATFORM AND ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL MECHANISMS, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE OPERATION OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY OR SECURE. IF USE OF THE PLATFORM OR ITS CONTENTS RESULT IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, BY ANY USER, WE WILL NOT BE RESPONSIBLE FOR THOSE COSTS AND ANY LOSS OR DAMAGE OF WHATEVER NATURE. THE PLATFORM AND ITS CONTENTS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE UGP GROUP DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT PREJUDICE TO THE FOREGOING, ANY WARRANTIES IN RESPECT OF MERCHANTABILITY, AVAILABILITY OF FEATURED PRODUCTS OR SERVICES, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FITNESS FOR PARTICULAR PURPOSE, OR ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR OTHER QUALITIES OF THE PLATFORM AND THE CONTENTS, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS CONTAINED THEREIN. USERS SHOULD INDEPENDENTLY ASSESS AND VERIFY THE ACCURACY, COMPLETENESS AND RELIABILITY OF THE INFORMATION ON THE PLATFORM AND TO SEEK PROFESSIONAL ADVICE WHERE NECESSARY.
ALL USERS USE THE PLATFORM AND ANY OTHER PLATFORMS ACCESSED THROUGH IT, ENTIRELY AT THEIR OWN RISK. All users shall be responsible for their own communications and are responsible for the consequences of their activities on the Platform. We do not represent or guarantee the truthfulness, accuracy or reliability of any of the communications posted by other users or endorses any opinions expressed by users. Any reliance by users on any material posted by other users shall be at their own risk. We reserve the right to expel any users and prevent their further access to the Platform at any time for breaching the Terms and Conditions or violating the laws and regulations and also reserve the right to remove any material which is abusive, illegal, disruptive or inappropriate at our sole discretion without notice and/or consent whatsoever.
Links to Other Platforms
The Platform may contain links to third-party websites. These are provided solely as a convenience to users and as Internet navigation tools, and not in any way as an endorsement by us of the contents on such third-party websites. Unless otherwise stated on the Platform, we have no control over or rights in such third-party websites and is not responsible for their availability or security. If users access any linked third-party websites, they do so entirely at their own risk. We will not be responsible for the contents of any third-party websites linked to the Platform or any links contained in such third-party websites or any changes or updates thereto, and does not make any representations or warranties regarding the contents or accuracy of materials on such third-party websites. We will not be responsible or liable for any loss or damage of any kind arising from or in connection with the use of the services or contents of such third-party websites. Further, any data or material posted on the Platform by any user may be viewed by users of other websites linked to the Platform and we will not be responsible for any improper use by any user or third-party of any data or materials posted on the Platform.
All users agree to indemnify, and hold harmless to UGP and its associated companies, officers, directors, employees, agents, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors and assigns from and against any claims, actions, demands, injuries, liabilities, losses, damages, costs and expenses (including legal fees and litigation expenses on a full indemnity basis) arising from or relating to their use of the Site or its contents or their breach of the Terms and Conditions, to the fullest extent permitted by applicable law. This indemnification shall be in addition to all other obligations of users under the Terms and Conditions, and shall not prejudice any other rights or remedies available at law to UGP.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE UGP GROUP AND ITS ASSOCIATED COMPANIES, PARTNERS, OFFICERS, DIRECTORS, OR EMPLOYEES SHALL NOT BE LIABLE IN ANY EVENT FOR DAMAGE OF ANY KIND SUFFERED BY ANY USERS WHATSOEVER DIRECTLY OR INDIRECTLY ARISING FROM OR RELATING TO THEIR USE OF OR INABILITY TO USE THE PLATFORM AND ITS CONTENTS, INCLUDING WITHOUT LIMITATION ANY ERRORS OR OMISSIONS IN SUCH CONTENTS, OR ANY DELETION, INCORRECT OR DELAYED TRANSMISSION OR LOSS OF ANY CONTENTS OR MATERIALS UPLOADED OR TRANSMITTED THROUGH THE PLATFORM.
Dealing with Institutions
User's communication or business dealings with, or participation in promotions organized by, Institutions found on or through the Platform, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between user and such Institution. We will not be responsible or liable for any loss or damage of any type or nature incurred as a result of any such dealings or as a result of the presence of the Institutions on the Platform or as a result of the accuracy or truthfulness of any information or data posted by the Institutions.
Limitation of Liability
Without prejudice to the above and subject to the applicable laws, the aggregate liability of UGP any user for all claims arising from or relating to his/her use of the Platform's services and the Platform shall be limited to the fees received in respect of the services giving rise to such claims.
In the event that any information provided by the user is inaccurate, in breach of any laws or contains indecent elements, we will instantly abrogate the user's account and membership without notice and reserves the right to take such action as it considers appropriate, desirable or necessary including but not limited to taking legal actions against such user. We reserve the right at any time to immediately terminate or suspend any user's account or access to the Platform without notice, where the Platform is of the opinion that the user has breached any of the Terms and Conditions or violated any law or regulation, and to take further action as the Platform in its sole discretion considers appropriate, desirable or necessary, including removing any material which it deems abusive, illegal, disruptive or inappropriate. We will have the sole and absolute discretion to decide whether the user, Student or Institution has breached any of the Terms and Conditions, and such decision shall be final. In case we have not exercised the right under this Clause, it shall not be deemed to be a waiver.
Modification to Access or Site
We reserve the right at any time and from time to time to modify, change, suspend, discontinue or restrict: (a) users' access to, either temporarily or permanently, the Platform (or any part thereof); or (b) the whole or any portion of this Platform (and the services provided therein), with or without notice. We will not be liable to users or to any third party for any such modification, change, suspension, discontinuation or restriction.
We will use its reasonable endeavors to ensure that its officers, directors, employees and/or contractors exercise their prudence and due diligence in handling the personal data submitted by Student and that access to and processing of the personal data by such persons is on a "need-to-know" and "need-to-use" basis. We will use its reasonable endeavors to protect Students' personal data against any unauthorized or accidental access, processing or erasure of the personal data.
Governing Law and Jurisdiction
The Terms and Conditions and any dispute or matter arising from or incidental to the use of the Platform shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong").
Any dispute, controversy or claim arising out of or relating to the Terms and Conditions including the validity, invalidity, breach or termination thereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force and as may be amended by the rest of this Clause:
The appointing authority shall be Hong Kong International Arbitration Centre ("HKIAC").
The place of arbitration shall be in Hong Kong at HKIAC.
There shall be only one arbitrator.
The language to be used in the arbitral proceedings shall be English.
In the event of any breach of the Terms and Conditions by a party, the other party shall be entitled to remedies in law and equity as determined by arbitration.
Without prejudice to the provisions of these Terms and Conditions limiting or disclaiming liability, We are not liable for any delay or failure in performance resulting directly or indirectly from causes beyond its reasonable control, including, without limitation, failure of the internet, power failure, failure of computer, telecommunication or other equipment, strikes, labor disputes, riots, insurrections, civil disturbances, shortage of labor or materials, fires, floods, storms, explosions, act of God, war, governmental actions, orders of domestic or foreign courts and non-performance of third parties.
The Terms and Conditions shall constitute the entire agreement between user and UGP relating to his/her/its use of the Platform, and shall replace and supersede all other communications (be it written or oral), discussions, letters and contracts relating to the subject matters hereof.
The provisions of the Terms and Conditions shall be enforceable independently of each other and the validity of each provision shall not be affected if any of the others is invalid. In the event that any provision or any part of a provision of the Terms and Conditions is determined to be or becomes illegal, invalid or unenforceable, the validity and enforceability of the remaining provisions or remaining part of the provision of the Terms and Conditions shall not be affected and, in lieu of such illegal, invalid, or unenforceable provision or part of a provision, there shall be added as part of the Terms and Conditions one or more provisions as similar in terms as may be legal, valid and enforceable under the applicable law.
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