Terms and Conditions of STP Platform
These terms and conditions (“Terms”) govern the provision of Services provided by STP Platform. By using or accessing the STP Platform and/or Services, You (as Member, or otherwise) have confirmed that You have read, understood, accepted and agreed to be legally bound by these Terms (all capitalized terms are as defined below).
- You must be aged 18 or over; and
- You have a valid membership from OnePass.
- Prior to registration for the STP Platform and/or Member, you must agree with and provide your consent and acceptance to the terms.If you are not in agreement with the terms, please do not register for the STP Platform and/or Member.
- By registering for the STP Platform and/or Member, You are deemed to have agreed to comply with the Terms.
- Representations and warranties
Without prejudice to the generality of the Terms, by proceedings further with the registration of the STP Platform and/or Member, You represent, warrant and undertake as follows :
- All information provided by You and in relation to the STP Platform and Member is complete, accurate and truthful;
- You will ensure that any information (including but not limited to Confidential Information given to You from HKSTP) is protected from unauthorized disclosure; and
- You shall duly observe and comply with all laws and regulations applicable to the Terms.
HKSTP may at its sole and absolute discretion, approve or reject any application for the membership of the STP Platform without giving any reasons and the decision of HKSTP in these respects shall be final and conclusive for all purposes.
- Subject to the eligibility mentioned above, You may apply for membership of STP Platform by completing an online or other application process(es) as HKSTP may specify from time to time.
- HKSTP reserves the right to charge membership fee (in such amount as HKSTP may decide and impose from time to time) of STP Platform or any of the Services and HKSTP shall be entitled to receive such fee in advance.
- The membership of the STP Platform is personal to the respective Member and is non-assignable, non-saleable or non-transferable with any third party(ies) unless with prior written consent from HKSTP.
- Third party service and websites
The STP Platform and/or Services (or any part thereof) may be maintained or provided by any third-party service providers. Without prejudice to the generality of other provisions of the Terms, You acknowledge and agree that :
- Provision and availability of STP Platform and/or Services may be subject to additional specific terms and conditions imposed by such third-party service providers which may be binding on You;
- Provision and availability of STP Platform and/or Services may be affected by the services provided by such third-party service providers;
- HKSTP does not endorse, warrant or guarantee any services provided by any third-party service providers; and
- The STP Platform and Services may contain links to the third-party websites or service that HKSTP does not control. You may also need to use a third-party’s product or service to access the STP Platform and/or Services. When You access these third-party websites or services, You do so at Your own risk.
- Transactions between Members
- You may engage direct dealing and/or transaction with other Members of the STP Platform.
- You acknowledge and agree that all transactions made/conducted between You other Members are transactions between You and such Members, HKSTP is not a party to such transaction
- Without prejudice to the generality of the Terms, HKSTP shall not be responsible for any such dealings and/or transactions whatsoever. You also agree that HKSTP is not and will not be a party of such transactions.
- HKSTP does not endorse, warrant or guarantee any products, services or items provided by any Members.
- Data privacy, personal information
- You agree that HKSTP may use all Your Personal Data disclosed under OnePass for matters in relation to the STP Platform and/or Services.
- You agree that HKSTP may disclose all Your Personal Data disclosed under STP Platform and/or Services for matters in relation to other services, facilities, platforms or otherwise provided and/or maintained by HKSTP.
- Services to be provided under STP Platform
- Services will be provided under STP Platform, provision and availability of the same are subject to sole and absolute discretion of HKSTP. HKSTP may add, amend, or remove any of the Services from time to time without liability, cause, or compensation.
- You agree that by using or accessing any of the Services, You will, in addition to these Terms, comply and be bound with the respective terms and conditions of the such Services (“Services Terms”).
- The Services Terms include but not limited to the followings :
- Communications from HKSTP and Others
By accessing the STP Platform and/or Services, You consent to receive communications from HKSTP and other Members through the STP Platform and/or Services, or other means such as emails. These communications may be related to other services or events provided by HKSTP and HKSTP Affiliates.
- Content Posted by You
- Every content posted by You through the STP Platform and/or Services (“Your Content”) is Your content and You understand that You are solely responsible for Your Content. You represent that You have all necessary rights to Your Content and that You are not infringing or violating and third party’s rights by posting and/or offering Your Content on the Platform and/or through the Services.
- By posting Your Consent on the Platform and/or through the Services, You grant HKSTP a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. You agree not to assert any moral rights or rights of publicity against us for using Your Content
- Without prejudice to the generality of other provisions of the Terms, for all of Your Content, You represent and warrant that, You own or otherwise control all necessary rights to post the same and to meet your obligations under the Terms. You also represent and warrant that (1) Your Content is accurate; (2) use of any of Your Content (including derivative works from Your Content) by HKSTP, users of the STP Platform and/or Services (“Users”), or others providing services to the Platform does not and will not infringe any Intellectual Property Rights of any third party
- You agree that Your Content shall not be abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of any of the Terms and/or any laws.
- As between You and HKSTP, You own Your Content.
Without prejudice to the generality of these Terms, You (as Member or otherwise), agree to defend, indemnify and hold HKSTP, its directors, officers, employees and representatives, and the HKSTP Affiliates harmless from and against all liabilities, losses and damages, claims, actions, costs and expenses (including without limitation legal fees), in connection with or arising from Your (i) breach of any of these Terms; (ii) use or access to any Services and/or STP Platform; (iii) applying, registering for or participating in any of the Services, to be or as a Member; (iv) receipt and use of the Information related to STP Platform and/or Services; and (v) negligence, tortious, illegal or unauthorized conduct or any other act or omission related to the foregoing.
- Intellectual Property Rights
- All intellectual property rights subsisting in any information or materials in, on, provided by or accessible through the STP Platform and/or Services and any of their respective functions including but not limited to any related facilities, services and materials are solely owned by HKSTP or the relevant third-party providers. You shall not use such Information or materials for any purposes other than the purposes of Your own access and use which You have duly notified and obtained prior approval from HKSTP. In addition, You shall not create any additional copies of such Information or materials and/or distribute such Information or materials to any third party(ies).
- Without prejudice to the generality of other provisions of the Terms, You agree that HKSTP is free to use, disclose, adopt and modify all and any ides, concepts, know-how, proposals, suggestions, comments and other communications and information provided by You (which shall include but not limited to Your Content) to HKSTP (collectively “Feedback”) in connection with the STP Platform and/or Services in any manner without any payment to You. You hereby waive and agree to waive all and any rights objections and claims for any consideration, fees, royalties, charges and/or other payments in relation to HKSTP’s use, disclosure, adoption and/or modification of any or all of the Feedback.
- No Warranty and liability
- STP Platform and/or Services and any Information, and materials provided or available through them and provided by HKSTP or the HKSTP Affiliates from time to time are provided on an “as-is” and “as-available” basis and no representation or warranty whatsoever has been or will be given by HKSTP or the HKSTP Affiliates.
- You accept that there is inherent danger or risk of injury, and hazards associated with the use or access of the STP Platform and/or Services. In addition, You have acknowledged that the use or access of the STP Platform and/or Services is entirely at Your own discretion, choice, risk and liability and You have agreed that You shall have no rights to seek any indemnities, losses, and damages, compensation, claim, costs, expenses or otherwise against HKSTP, its directors, officers, employees, agents and representatives, and the HKSTP Affiliates.
- Obtain company authorization
- In the event where You are required to obtain your respective employer’s or company’s consent for the purpose of assessing any of the Services, You warrant and represent that You have already (1) obtained such consent; and (2) Your employer or Your company agreed to be bound by these Terms and any other respective terms and conditions of such Services.
- Without prejudice to the generality of other provisions of these Terms, You (as the person who provided the said warranty and representation) agree to indemnify and hold HKSTP, its directors, officers, employees, agents and representatives, and the HKSTP Affiliates harmless for all damages caused by and in relation to Your breach of warranty and/or representation set out in this clause. For the avoidance of doubt, indemnity in this clause is in addition to other rights and remedies available to HKSTP, its directors, officers, employees, agents and representatives, and the HKSTP Affiliates.
- Third party right
No third party will have any rights under the Contracts (Right of Third Parties) Ordinance (Cap.623) to enforce or enjoy the benefit of any of these Terms.
- You may terminate Your membership of STP Platform at any time by completing the online or other termination process(es) as HKSTP may specify from time to time provided that, termination of Your membership shall affect any of HKSTP’s rights and Your liabilities incurred before such termination.
- HKSTP reserves the absolute rights, at its sole discretion, to terminate the membership of any Member (including Your membership) immediately without any liability, cause, prior notice or compensation.
- Upon expiry or termination of Your membership, You must immediately return or cause to be returned any physical Pass and other HKSTP’s properties in your possession or control (if any) to HKSTP in its/their original condition. You shall be fully liable for any losses or damages to such physical Pass and HKSTP’s properties and shall upon request immediately compensate and fully indemnify HKSTP accordingly.
- Use of STP Platform policy
Without prejudice to the generality of other provisions of these Terms, You agree not to, and not allow any person to engage in any of the following prohibited activities or encourage any person to engage in such prohibited activities on or in relation to the STP Platform and/or Services :
- Any activities that violate any applicable laws or regulations;
- Interfere with, or attempt to interfere with, any Member’s access to the STP Platform and/or Services;
- Use of STP Platform and/or Services in manner or for any purpose which breaches any of these Terms and/or in violation of any laws;
- Upload, download, post, email, transmit, store or otherwise make available any Information that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, abscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
- Stalk, harass, threaten or harm another; and
- Interfere with or disrupt the STP Platform and/or Services or any servers or networks connected to the same.
- General Rules
- HKSTP reserves the right to refuse anyone’s participation in the STP Platform and/or any of the Services and to request any party to cease participating in the same if in the sole discretion of HKSTP, such party (i) fails to comply with any of the Terms; or (ii) is found to have behaved in an illegal or anti-social manner; or (iii) is found to have violated any of these Terms. The decision of HKSTP in this regard shall be binding and conclusive.
- Any failure to provide accurate information may delay or invalidate Your right to participate in the STP Platform and/or Services.
- Interpretation of any of the Terms is the sole prerogative of HKSTP. All decisions by HKSTP regarding the interpretation of the Terms and any issues arising from the STP Platform and/or Services shall be binding and conclusive.
- The Terms shall be interpreted and construed in accordance with the laws and regulations of the Hong Kong Special Administrative Region of the People’s Republic of China and any disputes shall be subject to the non-exclusive jurisdiction of the courts of Hong Kong.
- Each of the provisions of the Terms is severable and distinct from the others and if at any time one or more of such provisions is/are or become(s) invalid, illegal or unenforceable or ceases to be binding under the law of any jurisdiction, such provision(s) shall to the extend required be severed from the Terms and rendered ineffective without modifying the remaining provisions of the Terms, and the validity, legality, binding effect and enforceability of the remaining provisions of the Terms (whether under that law or the law of any other jurisdiction) shall not be affected or impaired.