Terms and Conditions of ePlatform (online service for ePortal, online registration/enrolment service, online payment service and elearning service)
The following specifies the terms and conditions on which HKSI Institute offers when you access the HKSI Institute online services, namely,
(i) ePortal
(ii) online registration/enrolment service (hereinafter called the "OES") for:
(1) examinations
(2) events or activities held by HKSI Institute
(3) courses/e-courses offered in the ePlatform
(iii) online payment service
(iv) elearning service
The ePortal, OES, online payment service and elearning service are hereinafter collectively called the "e-services" or “ePlatform”.
Please read the following terms and conditions carefully before using the e-services:
1. Acceptance of Terms and conditions
(i) Use of the e-services shall constitute your acceptance of these terms and conditions. If you do not accept any of these terms and conditions, do not access the e-services or ePlatform.
(ii) HKSI Institute may revise these terms and conditions from time to time with or without notice to you. The revised terms and conditions shall take effect immediately when they are posted on the official Website of the HKSI Institute. You are responsible for reviewing regularly information posted online to obtain timely notice of such changes. Your use of the e-services following the posting of any changes to these terms and conditions shall constitute your acceptance of those changes. If you do not accept any of those changes, do not access the e-services or ePlatform.
2. Online Payment Service
(i) Online Payment Service (“Payment Service”) is provided by the HKSI Institute through the ePlatform to facilitate your payment to the HKSI Institute in relation to the OES available on the ePlatform.
(ii) Payment using the Payment Service shall be made by credit card (Visa / MasterCard / Amex) or PPS (if applicable) or any other method(s) specified by the HKSI Institute from time to time.
(iii) By submitting your particulars under the Payment Service, you acknowledge and agree that: -
(a) you have the right to operate the account, whether it is a credit card account, PPS account (if applicable), or any other account from or through which payment is made to the HKSI Institute, keyed into the Website by you (hereinafter called the "Account");
(b) all particulars given under the Payment Service are accurate and complete;
(c) the HKSI Institute shall be irrevocably authorised to debit the Account (if it is a credit card account) or your bank account through the Account (if it is a PPS account) the sum shown to or selected by or keyed into by you under the Payment Service; and
(d) you agree to be and shall be bound by these terms and conditions.
(iv) A payment reference number will be generated for every successful payment transaction under the Payment Service. If, for whatever reason (including, without limitation to, a failure either of the online payment service or of your own computer system or your decision to go to another site on the Internet or to close the browser), a payment reference number is not presented to you on the ePlatform within a reasonable period of time after you have duly submitted all the necessary particulars, you should contact the HKSI Institute to confirm whether or not the payment was successfully completed.
3. Provision of e-services
(i) You understand and agree that the e-services shall be provided "AS IS" and "AS AVAILABLE" and accordingly,
(a) any warranties of any kind in relation to the e-services, either express or implied, shall be excluded to the fullest extent permissible pursuant to applicable law including (but not limited to) warranties of title, merchantability, satisfactory quality, fitness for a particular purpose and non -infringement of proprietary or third party rights;
(b) the HKSI Institute shall accept no responsibility for functions provided with the e-services and shall make no warranties that the e-services will operate uninterrupted or error-free or that defects will be corrected or that the quality of the e-services will meet your expectations;
(c) the HKSI Institute shall not warrant that the e-services is compatible with your computer equipment/mobile device or that the e-services or servers are free of errors or viruses, worms or "Trojan horses" and the HKSI Institute shall not be liable for any damage you may suffer as a result of such destructive features;
(d) the HKSI Institute shall assume no responsibility for the timeliness, deletion, disruption, defect, mis-delivery or failure of the provision of the e-services;
(e) despite the fact that the HKSI Institute has used reasonable endeavours to ensure the accuracy of the information available for access during your use of the e-services, the HKSI Institute shall not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information available for access during your use of the e-services; and
(f) despite the fact that the HKSI Institute has used reasonable endeavours to ensure the integrity of the security of the e-services, you acknowledge that the HKSI Institute shall not be liable for any loss suffered by you as a result of any breaches in security.
(ii) You warrant that you have not relied on any warranty or representation made by the HKSI Institute which is not expressly stated in these terms and conditions.
(iii) You understand that the technical processing and transmission in connection with the e-services may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. The HKSI Institute shall in no circumstances be liable for any failure of the e-services in whole or in part or for your inability to gain access in whole or in part to the e-services due to the delay or failure of any communication networks or any party providing such access.
(iv) The HKSI Institute shall be entitled to modify or discontinue, temporarily or permanently, the e-services with or without notice at any time at the sole discretion of the HKSI Institute. Your use of the e-services following the posting of any modification shall constitute your acceptance of the modification. You further accept that such modification may result in your being unable to access the e-services. The HKSI Institute shall not be liable or provide warranty to you for any modification, suspension or discontinuance of the e-services.
(v) You acknowledge that your use of the e-services shall be at your own risk. The HKSI Institute shall have no liability for any damage, loss, expense or detriment caused, whether directly or indirectly, by a defect under the e-services or arising in respect of your use of the e-services.
4. Intellectual Property Rights
(i) The Website and ePlatform, including (but not limited to) data, text, content, software, video, music, sound, graphics, illustrations, artwork, photographs, names, logos, trademarks, service marks and other material and any compilation or combination of them (hereinafter called the "Materials") are protected by copyright, trademarks and/or other proprietary rights. The Materials include both materials owned or controlled by the HKSI Institute and materials owned or controlled by Third Parties and licensed to the HKSI Institute. You agree to abide by all copyright notices or restrictions (if any) contained in the Website and ePlatform.
(ii) You acknowledge that you shall acquire no rights or licences in or to the ePlatform and/or the Materials other than the limited right to use the ePlatform in accordance with these terms and conditions and to download the terms set out herein. Other than those as set out herein, you shall not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, adapt, upload to create derivative works from, transmit, or in any other way exploit any part of the ePlatform. You shall not offer for sale or sell or distribute over any other medium (including distribution by over-the-air television or radio broadcast or distribution on a computer network) the Materials or any part thereof. You may not make any part of the ePlatform available as part of another website, whether by hyperlink framing on the Internet or otherwise. The ePlatform or any Materials therein may not be used to construct a database of any kind, nor may the Website be stored (in its entirety or in any part) in databases for access by you or any third party. You may not construct any database websites containing all or part of the Website. Download is permitted by the HKSI Institute provided only that: -
(a) you make no more than one (1) printed copy of such download and no further copies of such printed copy are made;
(b) you make only personal, non-commercial use of such download and/or printed copy;
(c) you retain all copyright notices on such download and/or printed copy and shall remain bound by the terms of such notices.
5. Personal Data
The HKSI Institute shall collect and hold personal data provided by you in your use of the e-services in order to enable the processing of your registration / enrolment application. Details of why the HKSI Institute collects, and how the HKSI Institute uses, such data can be found in the HKSI Institute's Privacy Policy regarding Personal Data.
6. Indemnity
You undertake to indemnify, defend and hold harmless the HKSI Institute, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees from and against any or all claims, proceedings, damages, losses, injuries, costs and expenses or liabilities arising from:-
(i) your breach of any of these terms and conditions;
(ii) your use of the e-services and/or the Website;
(iii) any deletions, additions, insertions, or alterations to, or any unauthorised use of, the Website by you; or
(iv) any misrepresentation or breach of representation or warranty made by you contained herein.
7. Limitation of Liability
(i) You expressly understand and agree that to the extent permitted by law, the HKSI Institute shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, revenue, data, goodwill, resulting from your use of the e-services.
(ii) The HKSI Institute's liability, if it is so held liable despite these terms and conditions, to you in relation to the e-services shall be limited to the fees paid or payable to the HKSI Institute or the direct damages sustained or HK$5,000, whichever is the least.
8. Governing Laws and Settlement of Disputes
These terms and conditions shall be construed in accordance with, and shall be governed by, the laws of the Hong Kong Special Administrative Region of the People's Republic of China (hereinafter called "Hong Kong"). You agree to submit to the non-exclusive jurisdiction of the courts of Hong Kong.
9. Severability
If any one or more of these terms and conditions, or their application in any circumstance, is held invalid, illegal or unenforceable in any respect for any reason, the validity, legality and enforceability of that term or condition in any other respect and the remaining terms and conditions shall not in any way be impaired.
10. Third party rights
Unless expressly provided to the contrary in these terms and conditions, a third party other than you and HKSI Institute has no right under the Contracts (Rights of Third Parties) Ordinance to enforce or to enjoy the benefit of any of these terms and conditions.