These terms and conditions, as such may be amended in accordance with Clause 14.1 from time to time (these “
Terms and Conditions”) shall govern your use of the Cyberport Academy’s website located at
https://academy.cyberport.hk/, as well as its contents, materials, features and functionality, including all information, software, images, videos, audios, designs, displays and materials thereon (collectively referred to as the “
Platform”). Please read and accept these Terms and Conditions in order to access and use the Platform, and receive the services that are accessible through the Platform (the “
Services”).
By signing up on the Platform or using the Platform or any Services in any manner, you are deemed to have agreed to these Terms and Conditions. This document also includes and hereby incorporates by reference also the
Cyberport Academy - Privacy Policy as in effect and modified by us from time to time.
If you sign up or use the Platform or any Services on behalf of a company, entity or other organization, you confirm that you have the authority to act and agree to these Terms and Conditions on its behalf so that these Terms and Conditions shall be binding on such company, entity or other organization. In this case, references to “you” or “your” shall cover such company, entity or other organization unless the context otherwise requires.
1. Definitions
“Cyberport Owner” or “We” means Hong Kong Cyberport Management Company Limited.
“Contents” means any and all information and materials (whether audio-visual or otherwise) accessible through or provided at the Platform and/or Services or any part thereof, including, without limitation, all materials and media accompanying any Course.
“Courses” includes seminars, courses, workshops, webinars, conferences, speeches, trainings, events, surveys, research paper and case studies, whether conducted live in real time in both bespoke or webinar formats, pre-recorded or otherwise, including the related materials in what format or media.
“Fees” means, collectively, any fees or charges payable or paid to Cyberport Owner or any other relevant service providers or third parties for any Services.
“Intellectual Property Rights” means any copyright, registered design, trademark or any other intellectual property or proprietary right in the Platform and/or Contents and in all trade names, trademarks and service marks associated or displayed with the Platform and/or the Services.
2. Services
2.1 The Platform provides Courses from time to time and/or as requested by the relevant users.
2.2 You may only use the Platform, Contents and Services for your own knowledge enhancement unless the prior written consent of Cyberport Owner is obtained.
2.3 Contents may be varied, removed or supplemented at any time and any Courses may be cancelled or rescheduled, in each case without liability on Cyberport Owner. If Fees are payable for any Course, the payment or refund arrangements will be notified to you when you register for such Course.
2.4 Cyberport Owner is not obliged to maintain the Platform and/or Services or to maintain them in their present form.
2.5 Cyberport Owner reserves the right to refuse the provision of any Services to any person for any reason at any time.
2.6 Registrations for any Course might be accepted on a first-come-first-serve basis or on other criteria as determined by Cyberport Owner. Cyberport Owner reserves the right to give priority to users based on any criteria as Cyberport Owner sees fit
3. Account Registration
3.1 There are two types of accounts: individual account and corporate account. For corporate account, you shall be given a unique corporate identity code for you to distribute to the users in order to access to the Platform and/or Services. Such corporate identity code shall not be distributed to any non-designated users.
3.2 You shall provide accurate information requested for registration and keep such information up-to-date.
3.3 You may be asked to choose and provide a username and password when you register for your account. You shall safeguard and maintain the confidentiality of your username and password and you shall be responsible for any use of the Platform through your username and password.
4. Fees
4.1 A Fee may be charged for certain Services. You agree to pay the appropriate Fee corresponding to the particular Services that you wish to access. Fees are billed in advance.
4.2 You shall provide valid, up-to-date and complete information such as debit/credit card details for payment. You hereby authorize the Cyberport Owner to settle any Fees due in the manner instructed by you.
4.3 Fees paid are non-refundable except under the circumstances expressly specified by Cyberport Owner.
5. Courses
5.1 Cancellation policy and Fees arrangements may vary for different Courses. You are advised to check these arrangements when you apply for a Course. Generally no cancellation is allowed after a registration for a Course is confirmed.
5.2 Sufficient Fee must be paid in order to secure an application for a Course.
5.3 An electronic certificate of attendance will be given to each user at the end of certain Courses. The certificate of attendance may not be issued to a user if he/she is absent for more than a specific period or for failing to comply with Cyberport Academy’s attendance monitoring requirements that may be notified to users from time to time. Generally users will NOT be given any certificate of attendance or attendance credits if they are late and/or absent from the class for more than a total of 15 minutes. .
5.4 For Courses that are conducted live, we reserve the right to cancel or reschedule due to bad weather or for any other reasons.
5.5 We reserve the right to amend the title, agenda, presenter(s), time and other details of any Course should the need arises.
5.6 The language in which each Course will be delivered will be specified on the Platform and no translation will be provided.
5.7 Any proposed transfer of any paid Course to another user before attendance shall be notified to us in advance and we reserve the right to request the completion of relevant transfer form before a transfer can be made.
6. Privacy and Data Protection
6.1 All personal data collected through the Platform or Services will be used, stored and retained in accordance with the
Academy Privacy Policy .
6.2 You may also access to Cyberport Owner’s general Privacy Policy Statement through this
link. If there is any inconsistency between the Academy Privacy Policy and the general Privacy Policy Statement, the Academy Privacy Policy shall prevail.
7. Intellectual Property Rights
7.1 As between you and Cyberport Owner, Cyberport Owner retains ownership of all Intellectual Property Rights.
7.2 You shall not remove, deface or obscure any of the copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Platform and/or Services.
7.3 You shall not use any Contents for any purpose other than to access the same. In particular, you shall not:
- use the Platform, Services and Contents or any part thereof for any commercial use or exploitation including advertising and marketing purposes;
- copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Contents without prior written permission of Cyberport Owner;
- record, relay by videophone or other means any Course;
- use the Contents in the provision of any other courses or trainings without prior written permission of Cyberport Owner;
- modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software on the Platform;
- use the Platform in any way that may impact other users’ access to the Platform; or
- use the Platform in any way that is contrary to any applicable laws or regulations or may cause harm to the Platform, to Cyberport Owner or to any person or business entity.
7.4 You expressly acknowledge that Cyberport Owner will suffer immediate and irreparable harm as a result of any violation, breach or threatened breach of this Clause 7 by you. As such, and in addition to any remedies that may be available to Cyberport Owner, Cyberport Owner shall be entitled to apply to any injunctive relief restraining and enjoining any breach or violation of any of the above terms and conditions by you and/or any person, which may be acting in consort with you.
8. Account Termination
8.1 Your account will continue until either you or Cyberport Owner terminates it by not less than one month’s notice in writing to the other.
8.2 Cyberport Owner reserves the right to immediately terminate or suspend access to all or any portion of the Platform and/or Services in case of violation or suspected violation of these Terms and Conditions.
8.3 After termination of your account, you will have no further rights to access the Services, provided that termination will not affect the rights or liabilities of either party that accrued prior to termination.
8.4 Any provision in these terms and Conditions which by its nature shall continue to have effect after termination shall survive termination of your account.
9. Links to Other Websites
9.1 The Platform may, from time to time, contain links to third parties’ websites or platforms. In some cases, Services may be provided via a third party’s website or platform. The fact that the Platform links to any website or platform is not an endorsement, authorization or representation of Cyberport Owner’s affiliation or cooperation with such website or platform unless otherwise specified.
9.2 Cyberport Owner does not exercise control over third-party websites or platforms. Following a link to any of these third-party websites or platforms will be at your own risk and discretion. Cyberport Owner will not be responsible for any loss, destruction or damage caused or alleged to be caused by or in connection with any use of or reliance on any contents, advertisings, products, materials, goods and/or services available on or through any such websites or platforms.
10. Posts by users on Platform
If the Platform invites any users to post any comments or views thereon, you agree to authorise Cyberport Owner to at any time share and/or remove any comments and views that you have posted. We do not accept any comments or views which are obscene, defamatory, libellous, violent, objectionable and/or illegal.
11. Disclaimers
11.1 Cyberport Owner provides the Platform, Services, Contents and Courses on an “as is” basis without any warranty. Cyberport Owner does not guarantee the accuracy and reliability of any of them. In particular, Cyberport Owner makes no warranties that:
- the Platform, Services, Contents and/or Courses will meet your needs, requirements or expectations;
- the Platform, Services, Contents and/or Courses are fit for any particular purpose;
- the Platform, Services, Contents and/or Courses will be uninterrupted, timely, secure, or error/virus-free; or
- the Contents are complete, truthful, accurate, up-to-date or reliable.
11.2 Cyberport Owner will use reasonable endeavors to keep an accurate record of your attendance of Courses but Cyberport Owner does not guarantee the accuracy and reliability of such record and you are advised to keep your own record.
11.3 The Platform, Services, Contents and Courses shall contain contents and elements contributed by third parties. Cyberport Owner hereby declares that it has not approved or endorsed the contents and elements contributed by any third party on the Platform and Courses or any external websites linked thereto.
11.4 Any comments or views made by any speakers or users shall not be considered as or deemed to be the comments or views of Cyberport Owner unless expressly otherwise stated by Cyberport Owner.
12. Limitation of Liability
To the maximum extent permitted by the applicable laws, in no event will Cyberport Owner be liable or responsible under any circumstance (whether in tort, contract or otherwise) or at any time to you and/or any user for:
- any loss or corruption of data and/or software stored on your hardware;
- any inaccurate, outdated or misleading information comprised in our Platform, Services, Contents and/or Courses;
- any use of any systems or networks arising out of the Platform and/or Services;
- any act or omission of any persons or third parties (other than the employees of Cyberport Owner during their course of employment);
- any third parties’ actions or information shared through the Platform and/or Services or any offensive, inappropriate, obscene, unlawful or otherwise objectionable information that you may encounter on the Platform;
- any use or misuse of or inability to use any information provided on or through the Platform and/or Services or arising from any errors, omissions, misstatements or misrepresentations concerning any such information or arising from any action or omission in reliance on any such information; or
- any consequential or indirect losses arising out of the use of or inability to use the Platform and/or Services.
13. Indemnification
You shall indemnify and hold Cyberport Owner harmless from and against all damages, losses, costs and expenses of any kind (including reasonable legal fees and costs) arising from any breach of these Terms and Conditions by you or the designated users under your account.
14. Miscellaneous
14.1 We may, in our sole discretion, amend these Terms and Conditions at any time by posting a revised version thereof on the Platform. Your continued use of the Platform and/or the Services following changes to these Terms and Conditions shall constitute your expressed acceptance of, and agreement to be bound by, these Terms and Conditions as in force from time to time.
14.2 We will not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to acts of God, boycotts, embargoes, governmental restrictions, quarantine orders, terrorist attacks, wars, war-like action, civil commotion, riots, uprising, revolutions, earthquakes, epidemics, pandemics, other infectious diseases, other natural occurrence.
14.3 If at any time any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable in any respect under the laws of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions of these Terms and Conditions under the laws of that jurisdiction, nor the legality, validity or enforceability of such provisions under the laws of any other jurisdiction shall in any way be thereby affected or impaired.
14.4 No failure to exercise, nor any delay in exercising, on the part of Cyberport Owner, of any right or remedy under these Terms and Conditions shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further exercise thereof or the exercise of any other right or remedy.
14.5 You shall not assign or transfer any of your interest, rights and obligations under these Terms and Conditions to any other person without the prior written consent of Cyberport Owner. Cyberport Owner may assign or transfer all or any of its interest, rights and obligations under these Terms and Conditions to any person upon written notice to you.
14.6 The Terms and Conditions will be governed by the laws of the HKSAR and both you and Cyberport Owner agree to submit to the non-exclusive jurisdiction of the courts of the HKSAR.
14.7 These Terms and Conditions constitute the entire agreement between the parties with respect to its subject matter and supersede all prior or contemporaneous agreements concerning such matter.
