Apps - Terms and Conditions

Consent

1. By accessing BeHere_HKACT! (“this Apps"), you acknowledge and agree to all of our terms, conditions and privacy policies below and otherwise contained on or referenced in this Apps (“the Agreement"). If you do not agree to this agreement, you are not authorized to access this Apps.

2. You also acknowledge and agree that we may modify this agreement at any time, in our sole discretion; that all modifications to this agreement will be effective immediately upon our posting of the modifications on this Apps; and that you will consider, review and read this agreement each time you access this Apps, so that you are aware of and agree to any and all modifications made.

3. You acknowledge and agree that this Apps and the Materials are intended for presentation, promotion and/or operation of the HKACT! Act 1 BeHere project only.

Licence

4. You acknowledge and agree that all materials, including, without limitation, content, data, software, image, information, services, contained on or provided through this Apps ("the Materials"), are protected by copyright, trademark, service mark, patent, trade secret, or other proprietary rights or laws; that except as specifically permitted, any use, exhibit, disposal, modification, copying, distribution of the Materials is strictly prohibited; that except if we and/or the applicable copyrights holder(s) give you prior written permission, you will not sell, license, rent, modify, print, copy, reproduce, download, transmit, distribute, publicly display, publicly perform, publish, edit, adapt, compile, or create derivative works from any materials (including, without limitation, through framing or systematic retrieval to create collections, compilations, databases or directories); and that except if you are given prior written permission, use of any engines, software, spiders, robots, avatars, agents, tools, or other devices or mechanisms to intervene, disturb, interfere with the Apps is strictly prohibited. Notwithstanding the foregoing, you may download or print single copies of the Materials for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.

5. Subject to your compliance with this Terms and Conditions, we grant you a limited, nonexclusive, nontransferable, non-sublicenseable license to download and install a copy of the Apps on a mobile device and to run such copy of the Apps solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms or under applicable law, you may not: (a) copy, modify, or create derivative works based on the Apps; (b) distribute, transfer, sublicense, lease, lend, or rent the Apps to any third party; (c) reverse engineer, decompile, or disassemble the Apps; or (d) make the functionality of the Apps available to multiple users through any means. We reserve all rights in and to the Apps not expressly granted to you under these Terms.

Terminate

6. You acknowledge and agree that we, in our sole discretion, at any time and with or without notice, may block or terminate your or any other party's access to all or part of the Apps or any of the Materials, or change or discontinue any aspect or feature of the Apps or any of the Materials (including, without limitation, discontinuing the Apps in its entirety); and that, without limitation of any other provisions of this agreement, we reserve the right to take any actions at law or in equity that we deem appropriate in connection with the Apps, the Materials and this Terms and Conditions concerning all matters including your failure to comply with this Terms and Conditions; any suspicion of fraud, cheating, or misuse by you of the Apps and/or any of the Materials; or any suspicious unlawful activity associated with your use of the Apps.

Personal Data Collection

7. You acknowledge and agree that, the use and access to this Apps will involve collection of data including your physical location, during of your stay at each location, the time and frequency of your accessing the Apps and any other data and information which you and/or your device allow the Apps to share and/or access to. Such data and/or information collected by us will be used solely for statistics purposes, operation, analysis, maintenance and modification of the Apps only.

8. In accordance with the terms of the Personal Data (Privacy) Ordinance (“the Ordinance”) and the Code of Practice on Consumer Credit Data issued under the Ordinance, every user has the right:
(a) to check whether we hold personal data about him/her and to have access to such personal data;
(b) to access to any personal data relating to him/her held by us;
(c) require us to correct any personal data relating to him/her which are inaccurate;
(d) to ascertain our policies and practices in relation to personal data and to be informed of the kind of personal data held by us;

9. In accordance with the terms of the Ordinance, we have the right to charge a reasonable fee for processing any personal data access and/ or correction request.

10. The person to whom (i) requests for access to personal data or correction of personal data or for information regarding our Personal Data policy and kinds of data held; and (ii) consents, objections and/or opt-outs in relation to the use/provision of personal data shall be addressed to: hkact@oaf.cc.

Limited Liability

11. You acknowledge and agree that use of this Apps and the Materials are at your own risk, and are provided on "as is" and "as available" basis that we do not make any express or implied warranties, representations or endorsements of any kind with regard to the accuracy, performance of this Apps or any of the Materials and in particular that we do not warrant or represent that this Apps or any of the Materials will be accurate, reliable, correct, useful, timely, uninterrupted, secure, defect-free or error-free (including, without limitation, free from viruses, worms, other malicious code or other harmful components). In jurisdictions not allowing the exclusion or limitation of certain warranties, our and our subsidiaries', affiliates', licensors' and suppliers' liability will be limited to the extent permitted by law.

12. You acknowledge and agree that in no event will we and/or our presenter, organiser, sponsors, supporters, subsidiaries, affiliates, licensors and/or suppliers be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages relating to the use, misuse or inability to use this Apps or any of the Materials (whether based on contract, tort, negligence, strict liability or otherwise); and that if you are dissatisfied with, or claim any damages relating to, any portion of this Apps, any of the Materials or this Terms and Conditions, your sole and exclusive remedy is to discontinue using this Apps and any of the Materials. In jurisdictions not allowing the exclusion or limitation of incidental or consequential damages, our liability will be limited to the extent permitted by law.

13. You acknowledge and agree that you will indemnify and hold harmless us and our presenter, organiser, sponsors, supporters, subsidiaries, successors, assigns, affiliates, licensors and suppliers, together with all of their respective officers, directors, employees and consultants, against any and all claims, damages, losses, liabilities, judgments, costs and expenses (including reasonable attorneys' fees and costs) relating to your use, misuse or inability to use this Apps or any of the Materials, or to your violation of this Terms and Conditions, any laws, rules or regulations, or any rights of any third parties; that we reserve the right to exclusively defend and control any such indemnification matters; and that you will fully cooperate with us in any such defenses.

14. You agree that your use of the Apps is at your own risk, and that you will not use the Apps to violate any applicable laws, regulations, policies, or instructions as outlined in this Terms and Conditions.

15. You also acknowledge and agree that, unless we specifically provide otherwise, any links on this Apps to other websites or materials do not imply our endorsement of such websites or materials or that we have any association whatsoever with the operators of such materials; that such websites or materials are not under our control; and that we are not responsible for any materials (including, without limitation, any content, data, software, information, products or services) contained on or provided through such websites or materials, or the appropriateness, decency, legality, copyright compliance, accuracy or any other aspect of such websites or materials.

16. To the extent permitted under applicable law, in no event will our total liability arising out of or in connection with your use, reliance of this Apps, this Terms and Conditions, any of the Materials, or from inability to use exceed ten thousand Hong Kong dollars (HK$10,000).

Jurisdiction

17. You acknowledge and agree that if you are located in any jurisdiction in the world where any common, statutory, regulatory, codified or other law, rule or regulation makes accessing this Apps or any of the Materials inappropriate or illegal, or subject to consents or permissions that you yourself have not obtained, or voids this agreement in whole or in part, then you are not authorized to access this Apps or any of the Materials.

18. You also acknowledge and agree that this Terms and Conditions shall be governed and construed by the laws of the Hong Kong Special Administrative Region and that Hong Kong Courts shall have the exclusive jurisdiction for all claims, actions, complaints relating to your use, misuse or inability to use this Apps or any of the Materials, or to this Terms and Conditions and that you irrevocably submit to the exclusive jurisdiction of Hong Kong Courts for the purpose of litigating any such claim or action; and that you irrevocably waive any jurisdictional, venue or inconvenient forum objections to the Hong Kong Courts.

19. You acknowledge and agree that if any provision of this agreement is held by any court or other tribunal of competent jurisdiction to be not enforceable, then such provision will be eliminated or limited to the minimum extent necessary so that this agreement will otherwise remain in full force and effect; that this agreement constitutes the entire agreement between you and us relating to the subject matter hereof, and supersedes any and all prior agreements or understandings between you and us, whether oral or written, relating to any subject matter of this agreement; that this agreement may not be modified, in whole or in part, except by us and as otherwise might be specifically described elsewhere in this agreement; and that anything contained on or provided through this Apps that is inconsistent with or conflicts with the terms of this agreement is superseded by the terms of this agreement.

20. You agree that in conjunction with your use of the Apps, you will maintain safe and appropriate contact with other Apps users and other people in the real world. You will not harass threaten or otherwise violate the legal rights of others. You will not trespass, or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be, and will not otherwise engage in any activity that may result in injury, death, property damage, nuisance, or liability of any kind. If you have a dispute with any third party relating to your use of Apps, you release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

General

21. This Terms and Conditions constitute the entire and exclusive understanding and agreement between you and us regarding your use of the Apps, and these Terms supersede and replace any and all prior oral or written understandings or agreements between you and us concerning the same matter.

22. If any provision of this Terms and Conditions is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer your rights or liabilities under this Terms and Conditions, by operation of law or otherwise, without our prior written consent. We may freely assign or transfer rights or liabilities under this Terms and Conditions without restriction, and the transferor or assignor shall not remain jointly and severally liable. Subject to the foregoing, this Terms and Conditions will bind and inure to the benefit of the parties, their successors and permitted assigns.

23. We shall not be liable to any users, persons, entities with respect to any damages, injuries, nonperformance or delay in performance by reason of any act of God, weather, fire, flood, acts of terror or foreign enemy, satellite or network failure, governmental order or regulation, trade dispute, or any other cause beyond our control.

24. Any notices or other communications provided by us under this Terms and Conditions, including those regarding modifications to these Terms, will be given: (a) official website of HKACT!; or (b) by posting to the Apps.

25. Failure to enforce any right or provision of this Terms and Conditions will not be considered a waiver of such right or provision. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Contact Us

26. If you have any questions about these Terms or the Apps and/or if you have any feedback about this Apps, please contact us at hkact@oaf.cc.