PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
This page sets out the terms and conditions under which you may use Hong Kong PropTech Association Limited’s Website accessed at https://www.hkproptechawards.org (the “Website”). By accessing or using the Website, applying or purchasing our membership package and/or accessing our services on our Websites (“Services”), you accept and agree to be bound, without limitation or qualification, by these terms and conditions including any additional terms, conditions and policies referenced herein and/or available by hyperlink, and or instructions given by us to you from time to time (“Terms”). We reserve the right to modify or revise these Terms at any time, at our sole discretion, without notice to you. It is your responsibility to check our latest Terms periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
In these Terms, “we”, “our”, “HKPTA” or “us” shall refer to Hong Kong PropTech Association Limited.
We reserve the right to refuse Services to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the Website through which the Services is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Price and Payment
Unless otherwise expressly stated, all of our membership packages are made in Hong Kong dollars. Once your application for our membership is submitted and payment has been processed, it shall not be refunded. Please review and confirm your application order before making payment.
Payment terms are within our sole discretion and payment must be received by us before you shall become our member. You represent and warrant that (i) the credit card information you supplied to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for our Services, (iii) charges incurred by you will be honoured by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes and duties, if any.
Nothing in these Terms shall be interpreted as granting any license of intellectual property rights to you other than as explicitly set forth in these Terms. The license period of each product varies and shall be as expressly indicated to you by us upon purchase.
Modifications to Services And Prices
Prices for our Services are subject to change without notice. We reserve the right to modify or discontinue the Services (or any part or content thereof) at any time without prior notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.
Intellectual Property Ownership
The contents of the Website, including but not limited to text, software, photographs, graphics, illustrations, artwork, video, music, sound, names, logos, trademarks, service marks and other material and content (collectively the “Materials”) are protected by copyright, trademarks, service marks, patents or other proprietary rights and laws internationally. This includes content owned by HKPTA and content owned or controlled by third parties and licensed to HKPTA. Unless expressly stated otherwise, the Materials may not be used or exploited in any way without our prior written consent.
You are authorised to view and download a single copy of the Materials on the Website solely for your personal, non-commercial use. However, by using such Materials, you do not and will not have or acquire any ownership of these intellectual property rights of these Materials. Any use of the Website and/or Materials that is not expressly permitted by these Terms may be a breach of these Terms and may violate copyright, trademark and other laws.
As a condition of your use of the Website, you agree that you will not use the Website for any purpose that is unlawful or prohibited by any applicable laws or the terms, conditions, and notices contained herein. Without limiting the generality of the foregoing, you further agree not to:
1. sell, modify post, publish, transmit, reproduce, display, publicly perform, distribute, exploit, or otherwise use all or any part of the Materials in any way for any public or commercial purpose without prior written permission of HKPTA;
2. trespass, break into, access, use or attempt to trespass, break into, access or use any other parts of our servers and/or any data areas for which you have not been authorised by us in writing;
3. upload, post, publish, transmit, reproduce, or distribute in any way, any component of the Website itself or any Material obtained through the Website which is protected by copyright or other proprietary right, or create derivative works with respect thereto, without prior written permission of HKPTA;
4. interfere with or disrupt networks connected to the Website or violate the regulations, policies or procedures of such networks;
5. attempt to gain unauthorised access to the Website, computer systems or networks connected to the Website, through password mining or any other means;
6. submit false or misleading information; or
7. stalk, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability any HKPTA member.
If you would like to obtain HKPTA’s express permission to use any of the Materials or link our Website on your own website, please email us at: firstname.lastname@example.org.
If you breach any of these Terms, your right to use the Materials shall automatically be terminated and you must immediately destroy any copies you have made of the Materials and provide us with a written confirmation through email that you have done so.
The Website and Materials are provided on an “as is” basis without warranties of any kind, whether express or implied. HKPTA and its partners, to the fullest extent permitted by law, disclaim all warranties (express or implied), including but not limited to non-infringement of proprietary or third-party rights. HKPTA and its partners make no warranties about the accuracy, reliability, completeness, or timeliness of the Materials, Services, text, graphics and links.
HKPTA makes no warranties that the Website will operate uninterrupted or error-free or that the Website or its server is free of computer viruses or other harmful items. HKPTA, its partners, directors, officers, employees, agents, service providers or licensors are not liable for any costs if your use of the Website or the Materials results in your need to service or replace of equipment or the loss of your data.
HKPTA, its partners, directors, officers, employees, agents, service providers or licensors shall not be held responsible for any third-party material on the Website.
Limitation of Liability/Disclaimer of Damages
In no event shall HKPTA, its partners, directors, officers, employees, agents, service providers or licensors be liable to any user of the Website or any third party for any damages whatsoever (including, without limitation, direct, indirect, incidental, consequential, special, exemplary or loss of business or lost profits) resulting from the use or inability to use the Website or the Materials or from any action taken or decision made on the basis of the Website or the Materials, whether based on warranty, contract, tort, or any other legal theory, and whether or not HKPTA is advised of the possibility of such damages.
Reporting Copyright Infringement
HKPTA may, in appropriate circumstances and at its sole discretion, remove, or disable access to, any of the Materials on the Website that infringes on the rights of others. If you believe that your work, or the work of another person for whom you are the agent has been used on the Website in a manner that constitutes copyright infringement, please report to us via email and provide us the following information:
Links on the Website to third-party websites maintained by others are provided solely as a convenience to you and not as an endorsement by HKPTA of their contents nor any association with its operators. HKPTA is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of their materials. Where a linked third-party website advertises, sells or contains products or services information, we expressly declare that we do not endorse any such products or services as appearing on that linked third-party website or any other websites which the linked third-party website may link to. Access to linked these third-party websites is at your own risk.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites even if you access them using links from the Website. We recommend that you check the policies and terms and conditions of each such linked third-party website you visit and contact its owner or operator if you have any concerns, questions, claims or complaints.
You agree to defend, indemnify, and hold harmless HKPTA, its partners, directors, officers, employees, agents, service providers or licensors, from and against any losses, liabilities, damages, claims, actions, demands, costs and expenses, including without limitation reasonable legal and accounting fees, incurred or suffered by HKPTA or any third-party in connection with or arising from or alleging or resulting from your breach of any of these Terms.
Nothing in these Terms confers or purports to confer on any third party any benefit or any right to enforce any term of these Terms pursuant to the Contracts (Rights of Third Parties) Ordinance (Cap. 623).
Jurisdiction and Dispute Resolution
HKPTA makes no claims that the Website or the Materials are appropriate for any particular purpose or audience, or that they may be accessed or downloaded outside of Hong Kong. Access to, or the downloading of, the Materials may not be legal by certain persons or in certain countries. If you access the Website or access or download the Materials from outside of Hong Kong, you are responsible for compliance with the laws of your jurisdiction.
These Terms 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 these Terms, 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. In accessing the Website, you agree to submit to the exclusive jurisdiction of the courts of Hong Kong.
If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services or when you terminate your membership with us.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice; and/or accordingly may deny you access to our Services (or any part thereof).
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. These Terms and/or any policies or operating rules posted by us on this Website or in respect to the Services constitutes the entire agreement and understanding between you and us and governs your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
Questions about the Terms should be sent to us at: email@example.com
These Terms are subject to change from time to time without prior notice to you. Any changes will be posted on the Website. Please review this page periodically to be updated of any changes.
Date of Last Update: 21 August 2023