TERMS AND CONDITIONS
FOR TEC DIGITAL PLATFORMS
Your access to and use of the MyTEC Portal, the TEC Mobile App and the WeChat Mini-Program (herein together called “TEC Digital Platforms,” which expression shall include any part of them) are subject to these Terms and Conditions.
Prior to using TEC Digital Platforms, you should read these terms and conditions carefully because they constitute a legally binding agreement between you and The Executive Centre (as defined in clause 2.1 below).
- You, your or yours
Where we refer to ‘you’, ‘your’ or ‘yours’ in this Agreement, that means the individual, company or organization which will be using TEC Digital Platforms with our consent and subject to the following terms and conditions.
- Us, we or our
- Where we refer to ‘we’, ‘us’ or ‘our’ in this Agreement, that means The Executive Centre Limited, a limited liability company registered in the Cayman Islands, whose principal place of business is at 3rd Floor, The Factory, 1 Yip Fat Street, Wong Chuk Hang, Hong Kong.
- If we assign, novate, transfer or otherwise deal with our rights under this Agreement, ‘we’, ‘us’ and ‘our’ refers to the people to whom we have assigned, novated, or transferred our rights.
- The term “Agreement” as used herein refers to these Terms and Conditions, including any documents which are incorporated herein by reference.
- Grant of licence to use TEC Digital Platforms
We grant you a non-exclusive, non-sub-licensable and non-transferable limited licence to access and use TEC Digital Platforms in the form in which we shall make them available from time to time.
- Limitations on the Licence Granted to You
The licence granted to you does not:
- constitute a sale or assignment by us of any of our rights in or to TEC Digital Platforms;
- include any rights to re-sell, re-distribute or sub-license TEC Digital Platforms for any purpose;
- entitle you to access or receive a copy of the source code for any of the software incorporated in TEC Digital Platforms; or
- permit you to copy, distribute, transmit, modify, adapt, add to, reverse engineer, disassemble, decompile or create derivative works from TEC Digital Platforms in any way, except as may be expressly authorised under the Copyright Ordinance in Hong Kong or equivalent legislation elsewhere.
- Intellectual Property
- All of the intellectual property rights in and to TEC Digital Platforms (including without limitation all information, text, material, graphics, trade marks, trade names and software used in relation to them) are and will remain owned by us (or our licensors, as the case may be, or any future assigns) and you will do all things reasonably requested by us in order to perfect and maintain such ownership to the exclusion of anyone else.
- You must not delete, obscure or modify any references to copyright, trade names, trade marks or other proprietary rights, notices or disclaimers that may be displayed on or as part of TEC Digital Platforms.
- You agree not to access, download or otherwise use TEC Digital Platforms except as expressly permitted by this Agreement, and you will be responsible, and indemnify us accordingly, for any unauthorised use of TEC Digital Platforms.
- We may make changes to TEC Digital Platforms (including by adding, changing or removing any features or functionality) at any time at our discretion. The rights we grant you only apply to the most recent version of TEC Digital Platforms that we have made available to you.
- We will update any documentation that we may provide to you (including any user information and proprietary materials) within a reasonable time in order to reflect any changes that we may make to TEC Digital Platforms. We do not take any responsibility for the reliability of information outside our control.
- The term “intellectual property rights” in this Agreement means all and any current and future registered and unregistered rights in respect of copyright, designs, trade marks, trade names, trade secrets, knowhow, confidential information, databases, patents, inventions and discoveries and all other intellectual property.
- Use of TEC Digital Platforms
- You must ensure the security and secrecy of your user name and password and
you must prevent any unauthorised person from having access to or using TEC
Digital Platforms by using
name and password.
- to only use TEC Digital Platforms in the form in which we make them available to you from time to time;
- to comply with any documentation provided by us to you that describes the intended use of TEC Digital Platforms;
- to follow any directions we provide to you in relation to your use of TEC Digital Platforms;
- not to undermine or interfere with the operation, security and integrity of TEC Digital Platforms, including by introducing any virus, malicious code or other similar item into any part of TEC Digital Platforms;
- you are responsible for obtaining all necessary rights to any data, information, content or other materials which are entered by you (“Content”) into TEC Digital Platforms;
- you are solely responsible for the accuracy, quality, integrity, legal compliance, reliability, appropriateness and rights of ownership in all Content; and
- you are solely responsible for selecting, supplying and maintaining your own facilities and equipment (including hardware, software and access to the internet) for use in connection with TEC Digital Platforms.
- If you become aware or suspect that your user name or password details have
been compromised, or become known by an unauthorised third party, or that
there has been any
unauthorised use of
your password and login details, then you must immediately either:
- notify us and we will take all reasonable steps to cancel the validity of your user name and password and issue new login details; or
- reset your password.
- For security reasons, we may if necessary require you to re-authenticate yourself from time to time, for example if there has been a period of inactivity in your use of TEC Digital Platforms. We are not responsible for any information that you may lose if we terminate your browser session due to prolonged periods of inactivity.
- You must ensure the security and secrecy of your user name and password and you must prevent any unauthorised person from having access to or using TEC Digital Platforms by using your user name and password.
- Availability of TEC Digital Platforms
- We will use reasonable efforts to provide access to TEC Digital Platforms at all times to the extent this is within our reasonable control. We may, for example, be required to suspend access to TEC Digital Platforms for security purposes, if a flaw in the software is detected, or otherwise as needed for us to carry out support and maintenance activities. Additionally, our provision of TEC Digital Platforms is dependent upon the co-operation of various third parties, including hosting providers, and access to TEC Digital Platforms may be affected by the availability or otherwise of such co-operation.
- We cannot guarantee that TEC Digital Platforms will operate in accordance with your expectations or that they will be error-free. Any errors should be reported to us promptly so that we may take corrective action.
- We reserve the right to update, modify, restrict access to or discontinue the operation of TEC Digital Platforms at any time.
- Your Obligations
You warrant to us and agree that:
- where applicable, you have the right and authority to enter into this Agreement on behalf of your company or organisation and to legally bind such company or organisation to the terms and conditions of this Agreement; and
- all information provided by you to us in connection with this Agreement will be current, accurate, true and complete. You will promptly notify us if there are any changes to this information
- Each party must at all times, where legally required to do so, comply with
all applicable privacy
relation to any personal information that is collected, stored, used,
disclosed or otherwise dealt with
connection with this Agreement. You must:
- not, and by this Agreement you warrant and represent to us that you will not, process or otherwise do or omit to do anything in relation to personal information that would cause us to contravene any applicable privacy legislation;
- co-operate with us to resolve any complaint or inquiry made under any applicable privacy legislation, or in relation to any request for access to personal information;
- notify us immediately if you become aware of any breach or potential breach of your obligations under this section, provide any details in relation to the failure to comply with them that we may request, and without limiting any of our rights under this Agreement, immediately comply with any reasonable direction from us for the purpose of remedying that breach.
- The term “personal information” has the same meaning in this Agreement as that given for “personal data” in the Hong Kong Personal Data (Privacy) Ordinance or equivalent data protection legislation elsewhere.
- The term “privacy legislation” means the Hong Kong Personal Data (Privacy) Ordinance and any equivalent legislation (to the extent that such legislation applies to you) from time to time in force in any jurisdiction affecting privacy, personal information or the collection, handling, storage, processing, use or disclosure of personal information.
- Notwithstanding the provisions of clauses 9 and 10 of this Agreement, you agree to your personal information being processed by us and being included in a restricted-access directory available exclusively to users of TEC Digital Platforms (but excluding users of the WeChat Mini-Program alone) for the sole purpose of social networking by and among such users.
- Each party must at all times, where legally required to do so, comply with all applicable privacy legislation in relation to any personal information that is collected, stored, used, disclosed or otherwise dealt with under or in connection with this Agreement. You must:
- Consent to collection and use of data
- You acknowledge and agree that we will collect, store, use and disclose the Content (including personal information), in connection with your use of TEC Digital Platforms.
- Our collection, storage, use and disclosure of all other content which is
not personal information
to be for the following limited purposes (but may be used for the same
purposes as personal information
9.4 above) :
- generating usage records and reports based on your use of TEC Digital Platforms, in aggregated and/or statistical form;
- conducting research about our products and services, in aggregated and/or statistical form;
- developing our products and services, in particular TEC Digital Platforms;
- preventing or investigating any fraud or crime (or a suspected fraud or crime); and
- auditing and monitoring the use of TEC Digital Platforms.
- Links to third party websites
TEC Digital Platforms may from time to time contain hyperlinks and other links to internet websites operated by third parties. These linked websites are not under our control and we are not responsible for the contents of any linked website or any hyperlink contained in a linked website. We provide these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by us. If you decide to use a link on TEC Digital Platforms that directs you to another website, this will be entirely at your own risk.
- Our liability to you for loss or liability
- We have no liability for any fault or error in TEC Digital Platforms that is
- use of TEC Digital Platforms in a manner that is not in accordance with this Agreement and any instructions that we may provide to you;
- you failing to comply with your obligations under this Agreement;
- you using TEC Digital Platforms in combination with any materials, equipment or software that we did not provide to you.
- This section “Our liability to you for loss or liability” survives termination of this Agreement.
- We will not be liable for any indirect, special or consequential damages (and not being damages that may fairly and reasonably be considered arising naturally or directly from the event by which they are caused) arising out of or in connection with this Agreement and including damages for loss of profit, loss of opportunity, loss of anticipated savings and loss resulting from third party claims.
- We have no liability for any fault or error in TEC Digital Platforms that is caused by:
- Exclusion of implied terms
- TEC Digital Platforms are provided to you on an “as is” basis and, to the maximum extent permitted by law, we exclude all conditions, representations, warranties and statutory guarantees whether express or implied in relation to use of TEC Digital Platforms under this Agreement.
- If a condition, representation, warranty or statutory guarantee cannot by
law be excluded, then to
permitted by law, we limit our liability in relation to that condition,
representation, warranty or
- in relation to software, the repair or replacement of the software or the cost of repair or replacement; and
- in relation to services, the resupply of those services or the cost of resupply.
- This section “exclusion of implied terms” survives termination of this Agreement.
- The term “loss” includes all loss, liability, damages, costs and expenses (including reasonable legal expenses).
- Term, Termination and Suspension
- This Agreement commences on the date you commence using TEC Digital Platforms and continues indefinitely thereafter, subject to your compliance with the terms of this Agreement, unless terminated earlier in accordance with this Agreement.
- We may terminate this Agreement on notice to you if you fail to comply with the terms of this Agreement and fail to cure such breach within 30 days of becoming aware of or receiving notice of such breach.
- Additionally, we may in our discretion terminate this Agreement and the access of any user to TEC Digital Platforms immediately and without notice for any reason whatsoever.
- In any circumstance where we have a right to terminate, we may instead decide to suspend the rights granted to you under this Agreement for a period of up to 30 days.
- Consequences of Termination
On termination of this Agreement for any reason all rights and licences granted under this Agreement will cease immediately and you must stop using TEC Digital Platforms in any manner and for any purpose whatsoever.
- Changes to these terms and conditions
We reserve the right to change the terms of this Agreement at any time by notice to you. If we do make such changes, and you wish to continue using TEC Digital Platforms, you must accept and agree to the new terms of this Agreement. If you do not agree to the new terms, your use of TEC Digital Platforms will be suspended or terminated by us.
- These terms are governed by and construed in accordance with the laws of the Hong Kong SAR. The parties agree to submit to the non-exclusive jurisdiction of the courts of Hong Kong.
- If any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of law in any jurisdiction, such illegality, invalidity or unenforceability will not affect the remainder of this Agreement which will continue in full force and effect.
- Nothing in this Agreement shall be deemed to constitute a partnership between us, nor constitute either of us the agent of the other for any purpose whatsoever.
- A person who is not a party to this Agreement may not enforce any of its terms under the Contracts (Rights of Third Parties) Ordinance in Hong Kong or equivalent legislation elsewhere.
- This Agreement is made only in the English language. If there is any conflict in meaning between the English language version of this Agreement and any version or translation of this Agreement in any other language, the English language version shall prevail.
All rights not expressly granted herein are reserved.