Terms and Conditions of Green Tenancy Driver Training Toolkit

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INTRODUCTION

These terms and conditions (“T&C” or the “Agreement”) govern your use of the Green Tenancy Driver Training Toolkit (the “Training Toolkit”), including but not limited to the Stickers, Monitoring Forms, Guidelines, Checklists and other items specified in the Training Toolkit and the Training Toolkit Mobile Application. By purchasing the Training Toolkit, you agree to be bound by the T&C stated herein.

The HKGBC reserves the right to change the T&C from time to time without prior notice. It is your responsibility to review the T&C from time to time and to familiarise yourself with any modifications. Your continued use of the Training Toolkit after such modifications will constitute acknowledgement of the modified T&C and your agreement to abide and be bound by the modified T&C. 

 

DEFINITION

1. “Buyer” refers to the buyer of the Training Toolkit
2. “Content” refers to the contents of the Website and the Service
3. “HKGBC” or “we” or “us” or “our” refers to the Hong Kong Green Building Council which is an organisation that developed the Training Toolkit
4. Intellectual Property Rights” refers to all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights,  rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights, and all similar or equivalent rights or forms of protection in any part of the world.
5. ”Interested Buyer” refer to the interested parties who bought the Training Toolkit
6. “Mobile Application” refers to the Training Toolkit Mobile Application
7. “Privacy Policy” refers to HKGBC’s privacy policy as stated and updated from time to time at https://www.hkgbc.org.hk/eng/privacypolicy.aspx
8. “Service” refers to the Mobile Application service provided by the HKGBC, including but not limited to push notification, green calendar and resources consumption record.
9. “Training Toolkit” refers to the Green Tenancy Driver Training Toolkit and the prescribed items contained therein
10. “Website” refers to the webpage of placing order for the Training Toolkit
11.  “Your Content” refers to any information the Buyers submitted to the HKGBC via the Website and Mobile Application including but not limited to company information, payment details, texts and images.

 

QUALITY

a.  The Training Toolkit shall be of reasonably good quality and satisfy, to the extent reasonably practicable, the requirements of reliability, accuracy and workmanship unless specified.
b. If the Training Toolkit delivered fails to satisfy the prescribed items stated on the Website, the buyer may request that the HKGBC delivers the missing items, or replaces the Training Toolkit, within a reasonable period to be confirmed by the HKGBC. In this case, any delivery costs related and/or involved shall be at the HKGBC’s expense. For making such a request, the Buyer shall inform the HKGBC accordingly within thirty (30) calendar days starting from the receipt date of the Training Toolkit by written request to is@hkgbc.org.hk. No exchange request shall be made thereafter and the HKGBC shall have the right to reject such request.

 

INTELLECTUAL PROPERTY

a.  Copyright and all other forms of intellectual property that exist in the content of the Training Toolkit are the property of the HKGBC and of third parties that have granted us permission to use their work.
b. The company logo collected from the Buyer will solely be used for the production of stickers contained in the Training Toolkit. The HKGBC will seek written consent from the Buyer for any other uses of the Company Logo.
c. Making copies of any items contained in the Training Toolkit is prohibited unless specified on the individual item.
d. The Training Toolkit shall be used for internal and non-commercial purposes only.
e. Any other form of copying, reproduction, redistribution, transmission of the Training Toolkit is strictly prohibited without prior written consent from the HKGBC.
f. You may not use any of the artworks, logos, wordings contained in the Training Toolkits for non-designated purposes without the written consent from the HKGBC.
g. The Training Toolkit may contain references to other trademarks that are not owned by the HKGBC. Reference to a trade mark owned by a third party does not imply that we have any rights in the mark.
h. You acknowledge and agree that the HKGBC or its licensors, own all legal rights, titles and interest, including any Intellectual Property Rights, in and to the Website, the Service, and the Content.
i. You acknowledge that any Intellectual Property Rights in the Training Toolkit, Website and Mobile Application shall belong to the HKGBC or its licensors. You shall not modify, copy, rent, lease, loan, sell, distribute or create derivative works based on The Content (either in whole or in part) unless you have received the HKGBC’s express authorisation in writing.
j. Nothing in these Terms shall give you a right to use any of the HKGBC’s Intellectual Property Rights, trade names, trademarks, service marks, logos and/or domain names. Notwithstanding the foregoing, the HKGBC agrees that if you successfully purchase the Training Toolkit, the HKGBC will permit you to make reasonable reference to such fact provided that the HKGBC’s prior written consent is obtained prior to each use.
k. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Training Toolkit, Website and Mobile Application.
l. Our names, images, logos and those of third parties and their products and services are our proprietary marks and such third parties respectively. You agree that we own and retain all rights to the Service, the Website and The Content, and you acknowledge that the Service, the Website and The Content are protected by copyright, trademark laws, and other Intellectual property rights laws, and you further agree that you are being granted with a non-exclusive limited license to use the Service, the Website, and the Content in compliance with the terms of this Agreement.

 

YOUR PRIVACY AND PRIVACY OF OTHERS

a.  If you use the Website you agree to be bound by our Privacy Policy. If you do not agree to the Privacy Policy, you shall not use or access the Website.
b.  If you receive information (including personal data) about another User through the Website, you must only use it for the purposes for which the information was provided to you. You may not disclose or distribute a User's personal data to a third party or use the personal data for marketing purposes unless you receive the User's express consent to do so.

 

GENERAL

a.  Governing Law and Jurisdiction. The T&C is governed by the laws of Hong Kong, and are subject to the exclusive jurisdiction of the courts of Hong Kong.
b.  Notices. All legal notices or demands to or upon you shall be effective and deemed to be in writing if delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence address, fax number or email address provided by you to us, or by posting such notice or demand on an area of the Website that is publicly accessible, without a charge. You shall be deemed to have received any such notice, if and when:
  1.  The HKGBC is able to demonstrate that the notice has been sent to you; or
  2.  Immediately upon the HKGBC posting such notice on an area of the Website that is publicly accessible without charge.
c.  All notices and other communications hereunder to us shall be in writing or by email to is@hkgbc.org.hk and shall be deemed to have been duly given when delivered, if delivered by messenger during our normal business hours; when sent, if transmitted by email (receipt confirmed) during our normal business hours, on the third business day following mailing, if mailed by certified or registered mail, postage prepaid to our registered office as shall be specified by us from time to time.
d. Force Majeure. Under no circumstances shall the HKGBC, its directors, officers, panel members, appeal board members, employees, partners, licensors, agents, representatives or affiliates be liable for any delay or failure or disruption in relation to the Training Toolkit, the Website, the Content, the Service or Your Content resulting directly or indirectly from anything beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, labour disputes, war, riots, civil disturbances, shortages of labour or materials, fires, flood, typhoons, earthquakes, explosions, acts of God, actions or orders issued by governmental or regulatory authorities or any courts or tribunal with Application jurisdiction, or non-performance of third parties. Upon the occurrence of a Force Majeure event, we are not obliged to further performance of our obligations for so long as the Force Majeure event continues, and for such further period of time that we may reasonably require to recover from the effects of such Force Majeure event.
e. Severability. If any of these terms are held invalid, illegal or unenforceable by any court or tribunal of competent jurisdiction, it will be severed and the remaining terms will continue in full force and effect as if the T&C had been made without the invalid, illegal or unenforceable terms. Each clause and sub-clause herein shall be treated as a separate and independent provision, and the unenforceability of any one clause shall in no way impair the enforceability of any of the other clauses herein.
f. Entire Agreement. The T&C contains the entire agreement between you and HKGBC and replaces all previous written or oral agreements relating to its content.
g. Waiver. A failure or delay by the HKGBC to exercise any right or act upon a breach under the T&C will not be a waiver of that right or breach. Any waiver by the HKGBC of any of its rights or of a breach of these Terms must be in writing, and such waiver is limited to the particular right or breach stated therein.
h. Assignment. You may not transfer any of your rights or obligations under the T&C without the written consent of the HKGBC. The HKGBC may transfer its rights or obligations or both to any person or entity, including any of its affiliates, without your consent.
i. No Partnership or Agency. Nothing in the T&C is intended to, or shall be deemed to, establish any partnership or joint venture between you or the HKGBC, constitute you as the agent of the HKGBC, or authorise you to make or enter into any commitments for or on behalf of the HKGBC.
j. Language. This Agreement has been drafted in the English language. If the T&C is translated into any other language, the English language version shall prevail.

 

DISCLAIMER

a.  All materials on the Website are provided "as is" and on an "is available" basis without any representation or endorsement made by us and without our warranty of any kind whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. You agree that you use the Training Toolkit at your own discretion and risk and that you will be solely responsible for any damage arising therefrom.
b.  Under no circumstances will the HKGBC be liable for any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising out of or in connection with the use of the Training Toolkit, even if the HKGBC has been advised of the possibility of such loss or damage.
c. The HKGBC reserves the right to make amendments to the information contained in the Training Toolkit without prior notice.
d. The Training Toolkit is designed to provide reasonably accurate information with respect to the subject matter covered. It is sold with the understanding that the authors and publishers are not engaged in rendering legal, accounting or other professional services.
e. While every effort is made to ensure accuracy, no representation is made as to the absolute accuracy of the materials contained in the Training Toolkit. The HKGBC therefore cannot assume any responsibility for omissions, misstatements, mistakes or ambiguity contained within this product and shall neither be liable or responsible to any person or entity for any loss or injury caused, or alleged to be caused, directly or indirectly by such omissions, misstatements, mistakes or ambiguity contained in the Training Toolkit.
f. We make no representation that materials on the Website are appropriate or available for use outside Hong Kong. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable.
g. To the fullest extent permitted by applicable law, we are not liable to you or any other third party for the following:
  i. any damage to or loss of data and/or the consequences or effects on your internet connection, its spend and/or bandwidth, arising from your use of the Website;
  ii.  any claim based on contract, tort, or otherwise or any loss of revenue (whether direct or indirect), loss of profits or any incidental or consequential damages, whether of an economic nature or not;
  iii.  any claim relating to any part of the Website or any content supplied, provided, sold or made available by or through the Website (or any failure or delay to so supply, provide, sell or make available);
  iv. any disruption, suspension, delay, failure or discontinuation of the Website or the service capacity (including but not limited to streaming capacity allocated by us for the Website or any part thereof )which is attributable to (a) an event or circumstance beyond our reasonable control; (b) our system maintenance, upgrading, testing and/or repairs, (c) the reliability and stability of your Internet connection and its speed, its bandwidth, its system and services and (d) any other third party's software or services;
  v. any infringement of intellectual property rights arising from your use of the Website;
  vi. if, notwithstanding the other provisions of this Agreement, we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Website and/or the Training Toolkit our liability shall in no event exceed Hong Kong Dollar HK$1.
  vii. This clause will survive the termination or expiry of this Agreement.

 

    HYPERLINKS TO THIRD PARTY WEBSITES

    a.  Hyperlinks to third party websites are provided for convenience only. The HKGBC shall not be liable for the contents or reliability of these websites and the presence of a link is not an endorsement of those websites. Provision of, or assistance in providing, these links gives rise to no statement, representation or warranty, express or implied, that the HKGBC agrees or does not disagree with the contents of any such external sites; and the HKGBC will not have or accept any liability, obligation or responsibility whatsoever for any loss, destruction or damage (including without limitation consequential loss, destruction or damage) however arising from or in respect of any use or misuse or downloading of, or reliance on, or inability to use or download, the contents of any such external websites. The HKGBC cannot guarantee that these links will work at all times and we have no control over their availability.
    b. The T&C does not cover third party websites. The HKGBC recommend that you read the terms and conditions of all other websites that you visit.
    c. Any of your correspondence or dealings with any third party through our Website are solely correspondences and transactions between you and such third party, and any of your participation in the promotions of advertisers on any third party websites are solely between you and such third party. We shall not be liable or responsible for any loss or damage whatsoever and howsoever incurred as a result of any such transactions or dealings (including payment, supply of goods /services, relevant Terms and Conditions, warranties, declarations, etc.,) or arising from the use of those linked sites or applications. We are not responsible or liable in any way for any loss or damage of any sort incurred or alleged to have incurred, either directly or indirectly, as a result of your reliance, use, dealings of or as the result of the presence of such links and advertisements on the Website.

     

    DELIVERY

    a.  The HKGBC shall provide delivery service to the Buyer only if such request is made in writing to is@hkgbc.org.hk and the delivery cost is borne by the buyer. 
    b. In the event that the Buyer would like to change the delivery date, the Buyer shall inform the HKGBC three (3) working days before the estimated delivery date and indicate the preferred delivery date in writing to is@hkgbc.org.hk. The HKGBC shall reply the email as an acknowledgement of the request and confirm the delivery date. The Buyer shall bear any additional cost incurred by such change.
    c. The Buyer shall pay for an additional delivery cost to arrange a second delivery if the first time delivery is failed due to absence of recipient or inaccuracy of delivery information provided by the Buyer. The HKGBC shall arrange another delivery for free if the first time delivery is failed due to bad weather.

     

    GUARANTEE

    a.  The HKGBC guarantees that the Training Toolkit supplied materially conforms to the specifications prescribed in the Website and is in good condition before the delivery or collection of the Training Toolkit by the Buyer or any other authorised person assigned by the Buyer.

     

    RISK OF LOSS OR DAMAGE

    a.  The risk of loss attaching to the Training Toolkit shall pass to the Buyer with effect from the moment of delivery or collection of the Training Toolkit by the Buyer or any other authorised person assigned by the Buyer, including but not limited to first time purchase, additional purchase, repeated purchase or in the event of an exchange of the Training Toolkit.
    b.  In the event that the Training Toolkit is damaged during the delivery, including but not limited to bad weather or accident, the HKGBC shall not be liable for any loss and damage and no replacement or refund of the Training Toolkit shall be made by the HKGBC.

     

    PRICES, CHARGES AND PAYMENT

    a.  All payment is non-refundable.
    b. All prices and charges shall be deemed to include the price of the Training Toolkit as stated on the Website.
    c. The HKGBC shall have the right to adjust the prices and charges of the Training Toolkit without prior notice. The Website shall always provide the most updated pricing information.
    d. Once the Buyer has confirmed the order on the Website, an invoice will be sent to the Buyer’s registered email. The Buyer shall settle the payment within sixty (60) calendar days.
    e. Should the Buyer fail to settle the payment for the Training Toolkit after placing an order without a valid reason and within the period specified stated on the Website, the HKGBC shall cancel the order without further notification to the Buyer and reject any purchase of the Training Toolkit from the same Buyer thereafter.
    f. Once the payment is settled, a receipt will be sent to the Buyer’s registered email in due course.
    g. Should the Buyer wish to do so, the Buyer shall cancel the order within thirty (30) calendar days in writing to is@hkgbc.org.hk starting from the date of placing the order. The HKGBC shall reply the email as an acknowledgement of the request and confirm the cancellation of the order. Any cancellation request made thereafter shall be deemed as late request and the HKGBC reserves the right to reject such a request. In such case, the Buyer is required to settle the payment of the order.
    h. It is the Buyer’s responsibility to ensure that the fees in respect of the Training Toolkit (as stated on the Website) and all other fees and expenses relating to the Training Toolkit (some of which may be subject to a separate agreement) are paid by the deadline notified.
    i. The fees must be paid within a specified period after the completion of the order at the Website whether directly by the Buyer or on the Buyer’s behalf by a third party.
    j. The Buyer is required to abide by the HKGBC's regulations in respect of fees and payments which can be found at http://got.hkgbc.org.hk/.
    k. Upon agreeing the T&C, the Buyer must pay the fees by cheque or bank-transfer and submit a copy of the cheque or bank-in slip for proof to is @hkgbc.org.hk for processing. For payment method, please refer to the Website at http://got.hkgbc.org.hk/.
    l. The HKGBC will process the order of the Training Toolkit only if the payment is successfully and duly made.
    m. If fee payment is not made on time, the HKGBC shall cancel the order without prior notice and reserve the right to reject any purchase thereafter.
    n. Member discount may apply to the Training Toolkit, subject to the HKGBC’s final decision.

     

    DATA SECURITY

    a.  The HKGBC shall treat as confidential the information which it receives, such as the delivery information of the Buyer, and shall not disclose such information to any person(s) other than its own employees, nor use it for any purpose other than in the performance relating to the purchase of the Training Toolkit.
    b.  Without the Buyer prior written consent, the HKGBC will not disclose, advertise or publish (the existence of) the information of transactions performed by the Buyer, save and except for the following situations:
      i.  If the HKGBC or substantially all of its assets are acquired by a third party, in which case personal data held by the HKGBC about its customers will be one of the transferred assets.
      ii. If the HKGBC are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation or request.
    c. In order to protect the rights, property or safety of the HKGBC, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction. The HKGBC shall take reasonably practicable steps to protect all of our data from misuse and loss, and from unauthorised access, modification and disclosure. We will use reasonable efforts to ensure that any data held by the HKGBC is stored in a secure and safe place and will be accessed only by our authorised employees or authorised third parties.
    d. Notwithstanding the above, you should be aware that no system is impenetrable and no information provided over the Internet can be guaranteed to be completely secure. Accordingly, we cannot guarantee the security of any data stored and/or transmitted by us. In particular, transmission of any information via the Internet is not secured by encryption.

     

    INDEMNITY

    a.  The Buyer hereby agrees to indemnify, defend and hold harmless the HKGBC, including, but not limited to, its directors, officers, panel members, committee and taskforce members, appeal board members, employees, partners, licensors, agents, representatives and affiliates, from and against all losses that may arise directly or indirectly out of or in connection with:
      i.  the use of the Training Toolkit, Online Ordering Form, Website’s content or third party materials by the Buyer;
      ii. any violations, trespasses, contraventions, breaches or infringements of the HKGBC or any third party’s Intellectual Property Rights, or the unauthorised use or misappropriation of any trade secrets of the HKGBC or any third party, caused by the buyer, or the employees, agents or affiliates of the buyer;
      iii. any breach of the Hong Kong Personal Data (Privacy) Ordinance (Cap. 486 of the laws of Hong Kong) and/or any other applicable data protection laws;
      iv. any breach or non-compliance by you of any representation, warranty, condition or obligation in the T&C or applicable policies;
      v. Your Content, including:
        1.  any use by the HKGBC, users or other third parties of Your Content;
        2.  any claim that Your Content violates any applicable law or infringes the rights of a third party (including a third party's Intellectual Property Rights);
      vi   any third party materials downloaded, used or otherwise obtained by you.
    b. The Buyer shall cooperate fully in defence of any claims made by third parties. The HKGBC reserves the right to assume the exclusive defence and control of any matter subject to indemnification by the Buyer.
    c. You hereby acknowledge that damages for improper use of the Website may be irreparable, and the HKGBC is entitled to seek equitable relief, including injunctions and preliminary injunctions, in addition to all other remedies.

     

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