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Terms of Service

 

Welcome for using the services provided by Hong Kong Education City Limited (‘EdCity’). You can use EdCity services as a visitor or as a registered member. EdCity services are primarily delivered via our main website edcity.hk as well as other websites / cloud services / mobile Apps / digital platforms owned and/or administered by EdCity (all these service delivery channels collectively named ‘EdCity Website’ including any successor designated by EdCity). Through EdCity Website, EdCity provides you with access to a variety of resources, including learning and teaching materials and contents, eBooks, chatrooms and interactive facilities, etc. By using our services, users of EdCity services (‘Users’) agree to the following terms of service (‘Terms’):

 

1.   Provision of Information, Password and Security

1.1.   You agree to:

(i)   provide on all online and offline registration forms and other documents submitted to EdCity all required information and such information must be accurate, up-to-date and complete;

(ii)   maintain and update all information submitted to EdCity from time to time, so as to keep them accurate, up-to-date and complete.

1.2.   All access to, browsing of, registrations with or accounts under EdCity and other related privileges are liable to be terminated, for reasons of inactivity, breaching any of the Terms or otherwise, at our sole discretion without any liability or recourse, with or without notice, to you.

1.3.   You shall keep all password and other login information related to your account or other registration at EdCity strictly confidential and be responsible for their security . You agree to inform us immediately if such password or information has been used or accessed without your authorisation. We reserve the right to take all actions in securing the safety and integrity of EdCity as we deem appropriate, including without limitation monitoring, recording internet activities, internet protocol addresses, verifying user information, tracing and tracking information flow.

 

2.   Protection of Intellectual Property Rights

2.1.   You agree to comply with all relevant intellectual property and copyright laws (the ‘IP Laws’) of the Hong Kong Special Administrative Region of the People's Republic of China (the ‘ HKSAR’ ).

2.2.   You agree not to conduct any activity not in compliance with the IP Laws, or infringe or cause to be infringed any intellectual property right and/or other proprietary right of any material on EdCity Website, and you agree not to link any part of the EdCity Website to any website which may conduct such infringing activities. Such infringing activities include, for instance: -

(i)   Infringement of copyrights, trademarks, patents or other intellectual or proprietary rights of any party (the ‘IP Rights’);

(ii)   Breach of any security measure for protection of IP Rights, including falsifying serial numbers or registration codes or use of hackers' tools;

(iii)   Copy, reproduce or exploit in any way contents of EdCity Website without prior authorisation or consent;

(iv)   Supply pirated files or links to such files.

2.3.   If a User is found conducting activities infringing IP Rights, we may without liability or recourse to you, with or without notice:

(i)   Remove any posting, content or material which we consider infringing, in relation to the IP Laws, IP Rights or otherwise, or in breach of the Terms;

(ii)   Terminate the relevant registration or account of the User and may consider taking appropriate legal actions.

 

3.   Content Requirements

3.1.   No User may derive or receive any commercial benefit by any means arising directly or indirectly from the use or exploitation of the EdCity Website.

3.2.   EdCity Website is for education and is serving a variety of stakeholders including students. No User may upload, post or disseminate any inappropriate content or material at the EdCity Website. Such contents or material include but are not limited to: -

(i)   contents which breach any law, legislation or regulation in Hong Kong;

(ii)   contents which are pornographic or contain obscene images or material, or are otherwise contrary to the Control of Obscene and Indecent Articles Ordinance (Cap. 390 of the Laws of Hong Kong);

(iii)   statements or information which may be discriminatory on the basis of gender, age, sexual orientation, race, culture, religion, socio-economic status or otherwise;

(iv)   contents which are prejudicial, malicious, abusive or portray any one or any organisation in a demeaning light, or are generally profane;

(v)   contents which are for commercial solicitation or political campaigning;

(vi)   contents which supply information for or procure any activity which are illegal, or adversely affecting any person or the public, including but not limited to: -

a.   providing computer virus software or the method of designing or writing computer virus;

b.   providing the method of illegal entry, the deletion of homepage or the homepage of network provider's;

c.   providing methods to de-code or crack the copyright protective device set up by the manufacturer, including software serial number or registration number;

d.   providing method of transmission of "Spam" emails or providing any software to the public for cracking software;

e.   providing pirated music, pirated software or links to the related websites;

f.   malicious spreading or dissemination of other's privacy, and requesting passwords from other Users ;

g.   falsely representing or holding out to be the staff of EdCity, or attempting to cause others to falsely assume the identity of the sender or the source of message or information.

3.3.   If a User is found breaching the Terms, we may without liability or recourse to you, with or without notice : -

(i)   Remove any posting, content or material which we consider in breach of the Terms;

(ii)   Terminate the relevant registration or account of the User and may consider taking appropriate legal actions.

 

4.   Others

4.1.   Your use of our services constitutes your agreement to our additional terms including Privacy Policy Statement, Copyright and Intellectual Property Rights and Disclaimer.

4.2.   Use of the EdBookShelf services is subject to the EdBookShelf Terms of Use.

4.3.   Use of the Online Purchase Services is subject to the Terms of Use for Online Purchase Services.

4.4.   The Terms are applicable for EdCity Website including websites, cloud services, mobile Apps and digital platforms owned and/or administered by EdCity.

4.5.   EdCity reserves the right to amend these Terms and post them on the EdCity Website without prior notice.

4.6.   These Terms are governed and construed in all respects by the laws of Hong Kong. You agree to submit to the non-exclusive jurisdiction of the courts of Hong Kong

4.7.   If there is any inconsistency between the English version and the Chinese version of these Terms, the English version shall prevail.

 

Last Updated: 30 December 2021

Copyright and Intellectual Property Rights

1.   General Terms

1.1.   All content included on EdCity Website, including but not limited to all text, images, photos, audios, visuals, graphics, logos, button icons, codes, software and programs and compilations thereof (meaning its collection, arrangement and assembly) and all intellectual property rights thereto, produced or licensed for use by Hong Kong Education City Limited (‘EdCity’) is the property or licenced property of EdCity and is protected by Hong Kong and international copyright laws.

1.2.   Any content posted, uploaded or otherwise caused to be placed on EdCity Website otherwise than by EdCity shall at all times be subject to an irrevocable and non-exclusive licence granted in favour of EdCity for its use, reproduction, manipulation or display in whole or in part by EdCity in the operation of the EdCity Website.

1.3.   You are solely responsible for complying with all applicable laws and securing all necessary consents in providing and securing the provision of such licence in the absence of which you shall indemnify and keep indemnify EdCity for losses resultant from such failure.

1.4.   You must not copy, reproduce, alter, modify, create derivative works, or publicly display any content from EdCity or create any hyperlink to any part of EdCity Website without our express prior written permission.

1.5.   Unless expressly stated otherwise, no information and materials mentioned above can be copied, modified, reproduced, published, uploaded, transmitted and distributed in any form or by any means, without the prior written consent of EdCity. If you should become aware of any infringement of EdCity's copyright by other individuals or organisations, please contact us immediately.

1.6.   The trademarks appearing on EdCity Website are protected by the laws of Hong Kong and by international trademark laws.

1.7.   EdCity does not make any warranty that use of EdCity Website will be uninterrupted, virus-free or error-free; or that use of EdCity Website will not affect other software or operating systems used to access EdCity Website. Any warranties provided under the general law are expressly excluded to the fullest extent possible. In particular, EdCity does not warrant that use of EdCity Website will not infringe the rights of any other person or organisation; nor that EdCity Website is of reasonable quality or fit for any particular purpose, even if EdCity has received notice of an intention to use EdCity Website for that purpose.

1.8.   Unless expressly stated otherwise, opinions given on EdCity Website are those of the individuals making them, and not those of EdCity. EdCity is not responsible for such opinions or any claims resulting from them.

1.9.   Persons submitting material other than the information placed on EdCity Website by EdCity (‘EdCity Information’) are solely responsible for the material and for any claims relating to its content, whether made against EdCity or otherwise. Whilst EdCity does not exercise editorial control over any content posted to EdCity Website by Users, EdCity reserves the right at its sole discretion to remove any content which it has been notified is objectionable, whether or not the objection is substantiated, and otherwise to review, edit or delete any comments posted by Users which it deems defamatory, unlawful, threatening or otherwise objectionable. Notwithstanding the foregoing, and to the extent permitted in law, EdCity accepts no responsibility or liability for any material communicated by third parties via EdCity Website.

1.10. Subject to the above and to the other terms and conditions set out under EdCity Website, those gaining access to EdCity Website are authorised to make use of the EdCity Website (and of any chatrooms and interactive facilities which are available through it) for any lawful purposes. The following is a non-exclusive list of uses which are expressly prohibited:

(i)   using the EdCity Website to commit or encourage unlawful acts, including unlawful copying of copyright material;

(ii)   misrepresenting the User's identity or authority;

(iii)   distributing any type of virus or other device intended to cause nuisance, loss or corruption of any information on EdCity Website or accessed through it, or of any systems used to operate EdCity Website or any systems accessed through it;

(iv)   tampering with communications which are not the Users, or making any alteration to any information on EdCity Website;

(v)   accessing or attempting to access other parties' user accounts;

(vi)   hacking or attempting to hack any part of EdCity Website, or any system used to run it, or any system accessed through the EdCity Website;

(vii)   disrupting the flow of communications in interactive areas;

(viii) storing personal data derived from the EdCity Website unless expressly authorised under other terms of the EdCity Website;

(ix)   posting material which:

a.   infringes intellectual property rights;

b.   defames or threatens other people or organisations;

c.   is offensive, obscene or hateful, or which other Users of EdCity Website are likely to consider offensive, obscene or hateful.

 

2.   Links to Third Parties Contents

2.1.   EdCity or third parties may provide links to other World Wide Web sites or resources. As EdCity does not have control over these third-party sites, you acknowledge and agree that EdCity is not responsible for whether you should utilise these sites or resources and does not endorse any of these sites or relevant resources or their contents, advertisements, products or other materials found there. You further acknowledge and agree that EdCity shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such contents, products or services available on or through any such website or resource.

 

3.   Others

3.1.   The terms of Copyright and Intellectual Property Rights are governed and construed in all respects by the laws of Hong Kong. You agree to submit to the non-exclusive jurisdiction of the courts of Hong Kong.

3.2.   If there is any inconsistency between the English version and the Chinese version of Copyright and Intellectual Property Rights, the English version shall prevail.

 

Last Updated: 30 December 2021

Disclaimer

1.   You acknowledge and agree that if you decide to browse or utilise the services provided by the Hong Kong Education City Limited (‘EdCity’), you do it entirely at your own risk . EdCity will not be liable for any loss or damage arising from or in connection with or otherwise associated with browsing or using EdCity Website.

2.   The information and content provided by EdCity is based on and governed by the laws of the Hong Kong Special Administrative Region of the People's Republic of China, which means that its information and contents may not be suitable to the needs and norms or the practical circumstances of other jurisdictions.

3.   EdCity strives to provide and maintain the accuracy and the completeness of the contents of the EdCity Website. It, however, does not assume responsibility for any mistakes or omission, and shall not be held liable for loss and damage in this regard.

4.   EdCity may amend, vary or change the terms of services or terminate the services at any time without prior notice.

5.   Except for the contents that have been expressly stated to be produced by EdCity, any other contents, including but not limited to the links contained in the EdCity Website are not within EdCity's scope of liability, and therefore EdCity is not liable to loss and damages arising from or in connection with accidents (such as infection by computer virus), defamation, infringement of copyrights or intellectual property rights. For the avoidance of doubts, any material downloaded or otherwise obtained through the use of the services provided by EdCity is done at your own risk and discretion and that you will be solely responsible for any damage to your computer system or damage or loss of data resulting from the download of any information.

6.   You expressly acknowledge and agree that EdCity shall not be liable for any direct, indirect, incidental, special, consequential or exemplary or punitive damages, including but not limited to, damages for loss or profits, goodwill, use, data or other intangible losses (notwithstanding EdCity may have been informed of such possibility), resulting from (i) the use or inability to use the services of EdCity; (ii) products, data, information, services or messages received or purchased directly from or via EdCity, or the replacement cost of products and services derived from such dealings; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party as a result of service provided by EdCity or (v) any other matter relating to the service of EdCity.

7.   The terms of Disclaimer are governed and construed in all respects by the laws of Hong Kong. You agree to submit to the non-exclusive jurisdiction of the courts of Hong Kong.

8.   If there is any inconsistency between the English version and the Chinese version of Disclaimer, the English version shall prevail.

 

Last Updated: 30 December 2021