TERMS AND CONDITIONS for MyTEC Portal and TEC Mobile App

 

Your access to and use of the MyTEC Portal and TEC Mobile App (herein together called “MyTEC”) are subject to these MyTEC Terms and Conditions.

 

Prior to using MyTEC, 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).

 

1.         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 MyTEC with our consent and subject to the following terms and conditions.

 

2.         Us, we or our

 

2.1       Where we refer to ‘we’, ‘us’ or ‘our’ in this Agreement, that means The Executive Centre, 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.

 

2.2       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.

 

2.3       The term “Agreement” refers to these MyTEC Terms and Conditions, including any documents which are incorporated by reference.

 

3.         Grant of licence to use MyTEC

 

We grant you a non-exclusive, non-sub-licensable and non-transferable limited licence to access and use MyTEC in the form in which we shall make it available from time to time.

 

4.         Limitations on the Licence Granted to You

 

4.1       The licence granted to you does not:

 

(a)       constitute a sale or assignment by us of any of our rights in or to MyTEC;

(b)       include any rights to re-sell, re-distribute or sub-license MyTEC for any purpose;

(c)       entitle you to access or receive a copy of the source code for any of the software incorporated in MyTEC; or

(d)       permit you to copy, distribute, transmit, modify, adapt, add to, reverse engineer, disassemble, decompile or create derivative works from MyTEC in any way, except as may be expressly authorised under the Copyright Ordinance or equivalent legislation.

 

5.         Intellectual Property

 

5.1       All of the intellectual property rights in and to MyTEC (including without limitation all information, text, material, graphics, trademarks and software) 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.

 

5.2       You must not delete, obscure or modify any references to copyright, trade names, trade marks or other proprietary rights, notices or disclaimers displayed on or as part of MyTEC.

 

5.3       You agree not to access, download or otherwise use MyTEC other than as expressly permitted by this Agreement, and you will be responsible, and indemnify us accordingly, for any unauthorised use of MyTEC.

 

5.4       We may make changes to MyTEC (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 MyTEC that we have made available to you.

 

5.5       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 MyTEC.  We do not take any responsibility for the reliability of information outside our control.

 

5.6       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.

 

6.         Use of MyTEC

 

6.1       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 MyTEC by using your user name and password.

 

            You agree:

(a)       to only use MyTEC in the form in which we make it available to you from time to time;

(b)       to comply with any documentation provided by us to you that describes the intended use of MyTEC;

(c)       to follow any directions we provide to you in relation to your use of MyTEC;

(d)       not to undermine the operation, security and integrity of MyTEC, including by introducing any virus, malicious code or other similar item in to any part of MyTEC;

(e)       you are responsible for obtaining all necessary rights to any data, information, content or other materials which are entered by you (“Content”) into MyTEC;

(f)        you are solely responsible for the accuracy, quality, integrity, legal compliance, reliability, appropriateness and rights of ownership in all Content; and

(g)       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 MyTEC.

 

6.2       If you become aware or suspect that your user name or password details have been compromised, become known by an unauthorised third party, or there has been any unauthorised use of your password and login details, then you must immediately either:

 

(a)       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

(b)       reset your password.

 

We are not responsible for use of MyTEC by any person using your password.

 

6.3       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 between your browser or app and MyTEC.  We are not responsible for any information that you may lose if we terminate your browser session due to prolonged periods of inactivity.

 

7.         Availability of MyTEC

 

7.1       We will use reasonable efforts to provide access to MyTEC at all times to the extent this is within our reasonable control.  We may, for example, be required to suspend access to MyTEC if its security is compromised, 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 MyTEC is dependent upon the inputs of various third parties, including hosting providers, and access to MyTEC may be affected by the availability or otherwise of these inputs.

 

7.2       We cannot guarantee that MyTEC will operate in accordance with your expectations or that it will be error free.  Any  errors should be reported to us promptly so that we may take corrective action.

 

7.3       We reserve the right to update, modify, restrict access to or discontinue the operation of MyTEC at any time.

 

8.         Your Obligations

 

            You warrant to us and agree that:

(a)       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

(b)       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

 

9.         Privacy

 

9.1       Each party must at all times, where legally required to do so, comply with all 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:

 

(a)       not, and 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 privacy legislation;

(b)       co-operate with us to resolve any complaint or inquiry made under any privacy legislation, or in relation to any request for access to personal information;

(c)       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 that we request, and without limiting any of our rights under this Agreement, immediately comply with any reasonable direction from us with respect to remedying that breach.

 

9.2       The term “personal information” has the same meaning as that given for “personal data” in the Hong Kong Personal Data (Privacy) Ordinance or equivalent data protection legislation.

 

9.3       The term “privacy legislation” means the Hong Kong Personal Data (Privacy) Ordinance and any 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.

 

9.4       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 MyTEC users for the sole purpose of social networking, chat rooms, blogs and like activities by and among MyTEC users.

 

10.       Consent to collection and use of data

 

10.1     You acknowledge and agree that we will collect, store, use and disclose the Content (including personal information), in connection with your use of MyTEC.

 

10.2     Our collection, storage, use and disclosure of personal information is in accordance with our Privacy Policy which can be viewed at https://www.exectivecentre.com and which is incorporated by reference into these terms and conditions.

 

10.3     Our collection, storage, use and disclosure of all other content which is not personal information is intended to be for the following limited purposes (but may be used for the same purposes as personal information under clause 9.4 above) :

 

(a)       generating usage records and reports based on your use of MyTEC, in aggregated and/or statistical form;

(b)       conducting research about our products and services, in aggregated and/or statistical form;

(c)       developing our products and services, in particular MyTEC;

(d)       preventing or investigating any fraud or crime (or a suspected fraud or crime); and

(e)       auditing and monitoring the use of MyTEC.

 

11.       Links to third party websites

 

MyTEC 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 click a link on MyTEC that directs you to another website, this will be entirely at your own risk.

 

12.       Our liability to you for loss or liability

 

12.1     We have no liability for any fault or error in MyTEC that is caused by:

 

(a)       use of MyTEC other than in accordance with this Agreement and any instructions that we may provide to you;

(b)       you failing to comply with your obligations under this Agreement;

(c)       you using MyTEC in combination with any materials, equipment or software that we did not provide to you; or

(d)       you failing to perform your obligations under this Agreement.

 

12.2     This section “Our liability to you for loss or liability” survives termination of this Agreement.

 

12.3     We will not be liable for any indirect, special or consequential damages (being damages other than 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.

 

13.       Exclusion of implied terms

 

13.1     MyTEC is 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 MyTEC under this Agreement.

 

13.2     If a condition, representation, warranty or statutory guarantee cannot, by law, be excluded then to the extent permitted by law, we limit our liability in relation to that condition, representation, warranty or statutory guarantee to:

 

(a)       in relation to software, the repair or replacement of the software or the cost of repair or replacement; and

(b)       in relation to services, the resupply of those services or the cost of resupply.

 

13.3     This section “exclusion of implied terms” survives termination of this Agreement.

 

13.4     The term “loss” includes all loss, liability, damages, costs and expenses (including reasonable legal expenses).

 

14.       Term, Termination and Suspension

 

14.1     This Agreement commences on the date you activate your MyTEC account and continues until the anniversary of the original account activation date and thereafter, subject to your compliance with the terms of this Agreement, will automatically renew for successive one-year terms unless terminated earlier in accordance with this Agreement.

 

14.2     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.

 

14.3     Additionally, we may in our discretion terminate this Agreement and the access of any user to MyTEC immediately and without notice for any reason whatsoever.

 

14.4     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.

 

15.       Consequences of Termination

 

On termination of this Agreement for any reason all rights and licences granted under this Agreement will cease and you must stop using MyTEC.

 

16.       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 MyTEC, you must accept and agree to the new terms of this Agreement.   If you do not agree to the new terms, your use of MyTEC will be suspended or terminated by us.

 

17.       Miscellaneous

 

17.1     These terms are governed by and construed in accordance with the laws of Hong Kong SAR.  The parties agree to submit to the non-exclusive jurisdiction of the courts of Hong Kong.

 

17.2     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.

 

17.3     Nothing in these Terms and Conditions shall be deemed to constitute a partnership between us, nor constitute either of us the agent of the other for any purpose.

 

17.4     A person who is not a party to these Terms and Conditions may not enforce any of the terms under the Contracts (Rights of Third Parties) Ordinance.

 

17.5     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.