Terms and Conditions
The following terms and conditions (the "Terms and Conditions") govern your use of this website (the "Site") published by the CreateSmart Initiative Secretariat (the "Secretariat"), the Government of the Hong Kong Special Administrative Region (the "HKSAR Government") and the information (the "Information") and the functions (the "Functions") contained on or available through the Site (collectively the "Services"). By accessing, using or downloading the Site or the Services, you agree to be bound by this Terms and Conditions, which the HKSAR Government may change from time to time without further notice to you. You are advised to read this Terms and Conditions carefully and each time you access to this Site.
Restrictions on Use
You may not access, use, download, copy, print, display, link, frame, store for subsequent use, transmit or distribute any Information from the Site, except as expressly provided in this Terms and Conditions. You may access the Site and display, download, print, disseminate and re-produce the Information for non-commercial use, provided that you do not cause or permit the Information to be modified in any manner, including without limitation by removal of any copyright notice, disclaimer, warning or notice. You may link to the Site, provided that the link targets the Site registration page at the URL,https://www.createsmart.gov.hk/cfais, and that you deliver notice of the link, including the URL of each Web page containing the link, to the Secretariat.
Risk and Security
You acknowledge that you use the Services of the Site at your own risk and shall bear all risks associated with the use of the Services. You acknowledge that, given the nature of the Web, we cannot guarantee that any transmission of any personally identifiable information and/or any other information under the Services is completely secure. By using or accessing the Services and in consideration of such access and use, you acknowledge that you are satisfied that the security features that the Secretariat has adopted are adequate for all your purposes.
You shall be held solely and fully liable for all losses and damages incurred by the HKSAR Government if:
- you upload, post, email, offer or otherwise transmit any information in respect of which you have no right (either proprietary, contractual, or fiduciary) to transmit or which is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, libelous, obscene, pornographic, invasive of privacy or public rights, illegal or otherwise objectionable;
- you impersonate any person or entity by way of transmitting any forged or manipulated information through the use of this system;
- you upload, post, email, offer or otherwise transmit any information that infringe any proprietary rights or intellectual property rights, including without limitation patent, trademark, trade secret, copyright of any party;
- you upload, post, email , offer or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, or any form of solicitation, except when expressly authorised to do so by us;
- you upload, post, email or otherwise transmit any information that contain software viruses or any other computer code, files or programs that would interrupt, destroy or limit the functionality of this system and/or computer software or hardware or telecommunications equipment constituting therein; and
- you interfere with or disrupt this system or servers or networks through which this system is functioning, or disobey any requirements, procedures, policies or regulations of such networks.
You acknowledge that the HKSAR Government or anyone acting on its behalf has no obligation to pre-screen any information submitted by you but it can exercise in its sole discretion the right (but not the obligation) to refuse or remove any information that is transmitted through this system, to remove any information that is considered to be objectionable, and to preserve and/or disclose any information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to, without limitation, comply with legal process, enforce its rights or respond to claims that any information violate the rights of third parties.
PIN, Password and Username
You may receive a password, a Personal Identification Number (PIN) and/or a username for use of the Services provided on the Site. You undertake to keep the password, the PIN and the username as confidential information and will not disclose any of this information to any other person under any circumstances. You agree and acknowledge that any use of the Site and the Services by any person whatsoever (whether authorised by you or not) with your password, PIN and username shall constitute and be deemed the use of the Site and the Services by you. You shall be held solely and fully liable to the HKSAR Government for any loss and damages arising from your disclosure (whether intentionally or unintentionally) and any authorised and/or unauthorised use of your password, PIN and username.
Disclaimer of Warranties
Except as otherwise provided in this Terms and Conditions, to the maximum extent permitted by applicable law, the Secretariat provides the Site and the Services 'as is' and with all faults; and the HKSAR Government disclaims with respect to the Site and the Services all warranties and conditions, whether express, implied or statutory, including without limitation any warranties or conditions of or related to accuracy, currency, merchantability, fitness for a particular or any purpose, durability, absence of defects, title, non-infringement of third party intellectual property rights, or fault-free or continuous service or operability.
Links to Third-Party Sites
The Site contains links to sites which are not under the control of the HKSAR Government. In no event shall the HKSAR Government or anyone acting on its behalf be responsible for the contents of any linked site or any link contained in a linked site or for any changes or updates to such sites. Inclusion of a link is for your convenience only and does not imply any endorsement by the HKSAR Government. You are responsible to comply with this Terms and Conditions of use of any linked site. The HKSAR Government reserves the right to terminate any link or linking programme at any time.
Exclusion of Certain Damages
To the maximum extent permitted by applicable law, in no event shall the HKSAR Government or anyone acting on its behalf be liable for any direct, indirect, special, incidental or consequential damages whatsoever, including without limitation damages for personal injury, death, loss of profits, loss of confidential or other information, business interruption, loss of privacy, failure to meet any duty (including without limitation any duty of good faith or reasonable care), negligence, negligent misrepresentation, failure to warn, and any other pecuniary or other loss whatsoever, arising out of or in any way related to the Site or the Services, including without limitation any use or misuse of, or inability to use, the Site or the Services, or otherwise under or in connection with any provision of this Terms and Conditions, including without limitation any breach of any term or condition or a fundamental breach of this Terms and Conditions, even if the HKSAR Government or anyone acting on its behalf has been advised of the possibility of such damages.
Jurisdiction and Governing Law
This Terms and Conditions shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region, the People's Republic of China. You agree to submit any dispute arising from or in connection with this Terms and Conditions to the exclusive jurisdiction of the courts of Hong Kong.
Notice and Limitation
In the event that you suffer any loss or damage arising from or in connection with your use, misuse or inability to use this Site or the Services, you shall not commence any claim or proceeding, arising from or in connection with the Site or the Services, unless and until you have delivered notice of such loss and damage and provided the Secretariat with sixty (60) days to correct such situation. In any event, you shall not bring any claim against the HKSAR Government more than six (6) months after the purported cause of action has arisen. The Secretariat's address for legal notices is 30/F, Immigration Tower, 7 Gloucester Road, Wan Chai, Hong Kong.
The provisions of this Terms and Conditions are severable, and should any provision hereof be void, voidable or unenforceable under any applicable law, such void, voidable or unenforceable provision shall not affect or invalidate any other provisions of this Terms and Conditions, which shall continue to govern as though the void, voidable or unenforceable provision were not a part hereof.
Suspension and Termination
The HKSAR Government or anyone acting on its behalf reserves the right to suspend and/or terminate your use of the Site, and your password, PIN and/or username at any time without notice to you.