Terms & Conditions

 

Terms and Conditions for Robotics Garage

These terms and conditions for Robotics Garage (“these T&C”) governs the provision and use of the Robotics Garage and any Information, and services and facilities provided through it, including in particular, the Website (including Online Payment facilities), the Ecommerce Services, the HKSTP Facilities and Services, the Program, and the Events (all as defined below). By using or accessing the Robotics Garage, the Website, the Ecommerce Services, the HKSTP Facilities and Services, the Online Payment facilities, or applying, registering for or participating in any Events, or applying to be or is a Member, or any part or combination thereof, You (as Applicant, Member, Authorized Participant, Registered User or otherwise) have confirmed that You have read, understood, accepted and agreed to be legally bound by these T&C (all capitalized terms are as defined below).

 

Definitions

In these Terms and Conditions, the following meanings apply unless the context requires otherwise:

“Applicant”                                               has the meaning as defined in clause 3.1(b).

“Authorized Participant”                          has the meaning as defined in clause 3.1(i).

“Ecommerce Services”                                        has the meaning as defined in clause 5.1.

“Events”                                                                           has the meaning as defined in clause 6.1.

“Feedback”                                              has the meaning as defined in clause 7.5(b).

“HKSTP”                                                   means Hong Kong Science and Technology Parks Corporation.

“HKSTP Facilities and Services”               means collectively the equipment, facilities and services in or of the Robotics Garage, and any other equipment, facilities and services thereof to be from time to time provided or made available by HKSTP at its sole and absolute discretion.

“HKSTP Affiliates”                                    means HKSTP’s affiliates, agents, licensors and service providers, and their respective agents, officers, affiliates and employees.

“Information”                                          means any information, data, content, analysis, news, reports, programs, photographs, pictures, graphics, video, audio, software, and other materials and services, communications, transmissions and other items, tangible or intangible.

“Member”                                               has the meaning as defined in clause 3.1(b).

“Online Payment”                                    has the meaning as defined in clause 5.1.

“Pass”                                                       has the meaning as defined in clause 7.2(a)

“Personal Data”                                       shall have the meaning as defined in the Personal Data (Privacy) Ordinance (Cap. 486).

“Program”                                                means Robotics Garage membership program to be established by HKSTP pursuant to clause 3.1(a).

“Registered User”                                    has the meaning as defined in clause 6.1.

“Robotics Garage”                                    means the co-working space and Do-it-Yourself workshop at the Hong Kong Science and Technology Parks and/or any other additional or alternative spaces and/or workshops from time to time designated as such by HKSTP.

 “You” or “Your”                                       means any person who use or access, the Robotics Garages, the Website, the Ecommerce Services, the HKSTP Facilities and Services, the Online Payment facilities, any Information through any of those means, or apply for or participate in any Events, or who is or may become a Member, or any part or combination thereof (as Applicant, Member, Authorized Participant, Registered User or otherwise).

“Website”                                                means the Robotics Garage website https://robotics-garage.hkstp.org or any additional or alternative websites from time to time hosted or adopted by HKSTP for such purpose.

 

Website

HKSTP may, at its sole discretion and at any time, without notice to You:

  • add Information to, or modify Information on, or remove any Information from the Website;
  • add functionality and/or service to, or modify functionality and/or service on or remove functionality and/or service from the Website; Or
  • alter the presentation or substance of the Website.

 As a condition of Your access or use of the Website and any of its functions or services (including but not limited to the Ecommerce Services and Online Payment facilities) available through it, You must not:

  • trespass, break into, access, use or attempt to trespass, break into, access or use any other parts of HKSTP’s servers, and/or any data areas for which You have not been authorized by HKSTP;
  • restrict or inhibit any other persons from using and enjoying the Website and any of its functions or services available through it;
  • post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable or unreasonable Information of any kind, including without limitation any transmissions constituting or encouraging conduct that may constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable laws or regulations;

post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication, or engage in spamming or flooding;

 

post or transmit any Information or software which contains any virus, Trojan horse, worm or other harmful component; post, publish, transmit, reproduce, distribute or in any way exploit any Information obtained through the Website and any of its functions or services available through it in any manner or for any purposes except as expressly permitted under these T&C; or

 

upload, post, publish, transmit, reproduce, or distribute in any way, Information obtained through the Website and any of its functions or services available through it which is protected by copyright, or other proprietary rights, or create derivative works with respect thereto, without the prior written permission of the copyright owner or right-holder.

 

You have no rights in or to the Information available on the Website and any of its functions or services available through it and You will not use such Information in any manner or for any purposes, except as expressly permitted under these T&C.

 

The links on the Website and any of its functions or services available through it may take You to other sites and You acknowledge and agree that HKSTP and the HKSTP Affiliates have no responsibility for the accuracy or availability of any Information provided by linked websites. Links to other websites do not constitute an endorsement by HKSTP of such websites or the Information, products, advertising or other materials available on those websites.

 

Robotics Garage Membership

 

Application

HKSTP has established the Program with a view to may from time to time offering membership to students, hobbyists, startups, academics, well-established organizations and other sectors of the general public as HKSTP considers appropriate with a view to sharing, advancing and promoting robotics technology.

Subject to HKSTP’s discretion and these T&C, and in particular this clause 3, any persons (“Applicant”) who fulfill all requirements as HKSTP may from time to time impose and post on the Website or otherwise may apply for a membership of the Program and may, after HKSTP approves the application at its sole and absolute discretion, become a member (“Member”) of the Program.

HKSTP reserves the absolute right, at its sole discretion, to approve or reject any application for the membership of the Program without giving any reasons and the decision of HKSTP in these respects shall be conclusive for all purposes.

 

To apply for a membership of the Program, the Applicant shall complete an online or other application process as HKSTP may decide from time to time.

 

HKSTP may charge the Applicant for a membership fee (in such amount as HKSTP may decide and impose from time to time) of the Program and is entitled to collect and receive such fee in advance. The Applicant shall pay such membership fee using the Online Payment facility or other means (if any) from time to time accepted by HKSTP. Such membership fee is non-refundable in any circumstances whatsoever.

 

All memberships for the Program are subject to such validity period (without prejudice to the right of HKSTP to terminate any membership earlier pursuant to these T&C) as from time to time imposed by HKSTP in general or for any particular membership. Unless otherwise specified by HKSTP, such validity period will commence on the date on which the membership is granted or renewed, and end on the last day of such validity period, inclusive.

 

The membership of the Program is personal to the Member and is non-assignable or non-transferable unless there is written consent from HKSTP.

Each person or entity can only apply for one membership under the Program and if a Member has more than one membership, HKSTP shall have the absolute right to immediately combine, re-arrange, terminate all or any of the memberships of such Member without liability, prior notice or compensation.

 

Member may from time to time be allowed to appoint such number of participants (“Authorized Participant”) as may be approved by HKSTP at its sole and absolute discretion to access and use the HKSTP Facilities and Services together with the Member, provided that access and use of such facilities by both the Member and the Authorized Participant are at all time subject to prior approval by HKSTP and these T&C.

 

The Member shall ensure each of his Authorized Participant understands that such Authorized Participant is bound by these T&C and procure each of them to at all time duly observe and comply with these T&C or any applicable T&C, house rule, code of conduct or regulation as HKSTP may impose and post on the Website or in the Robotics Garage or the applicable HKSTP Facilities and Services or otherwise notified by HKSTP from time to time. Without prejudice to the foregoing, HKSTP may require any Member or Authorized Participant to possess such qualification or experience, execute such documents, or have completed such training as condition precedent for their use or access of the HKSTP Facilities and Services.

 

Renewal

Subject to HKSTP’s discretion and approval, an existing or a former Member whose membership has expired may apply to renew his membership by completing an online or other renewal process as HKSTP may require from time to time. All applications for renewal will be subject to approval by HKSTP at its sole and absolute discretion.

 

Renewal of membership are subject to payment of new membership fees pursuant to clause 1(e).

 

HKSTP may, at its sole discretion, disapprove application from any Member for renewal without giving any reasons. In the event that no approval for renewal is granted by HKSTP, the membership will automatically end on its expiry date.

 

Membership Amendment

HKSTP reserves the absolute rights, at its sole discretion, to modify any aspects of the Program and/or its memberships, including but not limited to the fees, facilities and services offered, other applicable terms and conditions and features of the Program, or to terminate the Program and/or Your membership immediately at any time without cause.

 

Being continued to be a Member will be deemed as Your acceptance of any amendment made to the Program or Your membership thereto in any aspects. If You do not agree with such amendment, Your sole remedy is to cease participating in the Program and terminate your membership immediately pursuant to clause 4(a), and all fees paid by You are non-refundable in all circumstances whatsoever.

 

In case of any disputes with respect to the Program or its membership in any aspects, HKSTP has its sole discretion to make the final decision and such decision shall be conclusive and bounding on You and all the Members for all purposes.

 

Membership Termination

Member may terminate his membership at any time by completing the online or other termination process as HKSTP may decide from time to time or otherwise, and no membership or other fees paid will be refunded in any circumstances, including but not limited to termination of the membership.

 

HKSTP reserves the absolute rights, at its sole discretion, to terminate the membership of any Member immediately without any liability, cause, prior notice, refund of any fees paid 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 property in Your possession or control (if any) to HKSTP in their respective originally good physical condition. You shall be fully liable for any losses or damages to such physical Pass and HKSTP’s property and shall upon request immediately compensate and fully indemnify HKSTP therefor accordingly.

 

HKSTP Facilities and Services

The provision and availability of HKSTP Facilities and Services are subject to the sole and absolute discretion of HKSTP. As such, HKSTP may add, amend or remove such facilities and services from time to time without liability, cause, prior notice, or compensation.

 

Subject to prior appointments and applications to be approved by HKSTP on a case by case basis at its sole and absolute discretion, Member and his Authorized Participant may be allowed to use, with or without additional cost (as HKSTP may decide from time to time), the HKSTP Facilities and Services (subject to availability).

Subject to (i) availability; (ii) prior appointments or applications to be approved at HKSTP’s discretion; and (iii) due observance of these T&C, the Member and/or his Authorized Participant may be allowed to use the HKSTP Facilities and Services that may be from time to time made available by HKSTP at its sole and absolute discretion. HKSTP reserves the absolute right to at any time revoke such authorization or decline the use or access to such HKSTP Facilities and Services by any persons without any liability, cause, prior notice or compensation.

 

In using or accessing any HKSTP Facilities and Services pursuant to clause 4(b), the Member and his Authorized Participant shall:

not trespass, break into, access, use or attempt to trespass, break into, access or use any other parts of HKSTP’s servers, and/or any data areas without written authorization from HKSTP;

not send offensive or harassing material to others;

not post or transmit any Information or software which contains any virus, Trojan horse, worm or other harmful component;

comply with all the applicable laws of Hong Kong;

ensure all their actions or activities to be performed in or with the Robotics Garage, the HKSTP Facilities and Services or any other facilities provided by HKSTP at its sole and absolute discretion are safe, carefully planned, and cause no nuisance or risk to any other persons or entities; and

follow strictly all direction of HKSTP, rules of conduct, any other applicable house rules, liability release form (the current valid version thereof is attached hereto as Appendix A) hereof which may be adopted by from time to time posting in the Robotics Garage or the Website or the HKSTP Facilities and Services or otherwise notified by HKSTP.

 

Electronic Commerce and Online Payment

The Website may (but is not obliged to) from time to time provide electronic commerce service (“Ecommerce Services”) to and accept online payment (“Online Payment”) from You. The Online Payment facility of the Website may from time to time support such Online Payment functionality and third-party payment gateways as HKSTP at its sole and absolute discretion considers appropriate. Subject to HKSTP’s sole and absolute discretion and pursuant to these T&C and in particular, this clause 5, You may pay for the Ecommerce Services using this Website’s Online Payment facility or other facilities from time to time available and accepted by HKSTP.

 

By using the Online Payment facility, You warrant and represent that any information provided by You is correct and accurate, and Your credit card or other means used for Online Payment is lawfully owned and used by You.

 

HKSTP may from time to time cancel all or any of the Ecommerce Services without prior notice. In the event that the Ecommerce Services is cancelled by HKSTP, subject to sole and absolute discretion of HKSTP, HKSTP may not refund or instead, issue an appropriate refund or credit the fees paid for the Ecommerce Services to Your bank account or in such manner as HKSTP otherwise considers appropriate.

 

Subscription of Events

HKSTP may from time to time organize Robotics Garage related events or training classes (“Events”) for subscription by the Member or the public or any selected sectors thereof. Subject to HKSTP’s sole and absolute discretion and these T&C and in particular, this clause 6, any persons who complete an online or other subscription process as HKSTP may require from time to time and fulfill all requirements as HKSTP may impose from time to time, may apply to subscribe such Events as a registered user (“Registered User”).

 

HKSTP may charge the Registered User for subscription fee (in such amount as HKSTP may decide and impose from time to time) of the Events and is entitled to collect and receive such fee in advance. The Registered User shall pay such subscription fee using the Online Payment or other payment methods (if any) acceptable to HKSTP. Subject to clause 7, any subscription fee paid are non-refundable in any circumstances whatsoever.

 

Subscription of Events is subject to availability, these T&C and other terms and conditions applicable to such Events. HKSTP reserves the absolute right, at its sole discretion, to decline any application for subscription without giving cause or reasons and HKSTP’s decision in these respects shall be final and conclusive for all purposes.

 

HKSTP reserves the absolute right, at its sole and absolute discretion, to refuse any Registered User attending the Events without any cause, liability, notice, refund of any fees paid and compensation and without prejudice to the foregoing, if such Registered User has breached any code of conducts, regulations, policies or house rules imposed by HKSTP from time to time or perform any acts which HKSTP at the sole and absolute discretion considers unacceptable before or during the Events.

 

HKSTP reserves the absolute right, at its sole and absolute discretion, to make alterations to the Events’ arrangements (including but not limited to dates, venues, hosts, and guests) in any aspects as published, either before or during the Events without any liability, notice, cause or compensation.

 

Being continued to participate in the Events will be deemed as Your acceptance of any alterations made to the Events in any aspects. If You do not agree with such alterations, Your sole remedy is to cease participating in the Events, and all fees paid by You are non-refundable in all circumstances whatsoever

 

If, for whatever reasons, the Events are cancelled, postponed or dates are changed, subject to the sole and absolute discretion of HKSTP, the HKSTP may:

refund or credit the appropriate amount of subscription fee paid for the Events to Your bank account or in such manner as HKSTP otherwise considers appropriate;

transfer Your subscription to the same kind of Events at the new date; or

handle in other ways which HKSTP considers appropriate,

 

HKSTP’s decision in these respects shall be final and conclusive for all purposes.

 

In case of any disputes with respect to the Events in any aspects, HKSTP has its sole discretion to make the final decision and such decision shall be conclusive and binding on You for all purposes.

 

General

 

Amendment to this T&C

HKSTP reserves the right to modify these T&C from time to time, with immediate effect upon announcement, by posting of the modified version on the Website or in such other manner as HKSTP considers appropriate. It is Your responsibility (as Applicant, Member, Authorized Participant, Registered User or otherwise) to keep Yourself up to date in respect of these T&C. You will be deemed to have accepted the amendment of this T&C and agreed to be bound by the amended T&C as so changed if after any changes become effective, You continue to use or access the Robotics Garage, the Website, the Ecommerce Services, the HKSTP Facilities and Services, the Online Payment facilities, or applying, registering for or participating in any Events, to continue be a Member, or any part or combination thereof.

 

Access Security

HKSTP may issue access cards, security information such as username and password, and/or others security devices (collectively referred to as “Pass”) to You (as Applicant, Member, Authorized Participant, Registered User or otherwise) for the purpose of using or accessing the Robotics Garage, the Website, the Service, the HKSTP Facilities and Services, the Online Payment facilities, the Program or the Events subject to these T&C.

 

By accepting the Pass, You have acknowledged and agreed that:

the Pass is solely owned by HKSTP and no ownership has been transferred whatsoever to You;

You shall not use the Pass for any purposes other than using or accessing the Robotics Garage, the Website, the Ecommerce Services, the HKSTP Facilities and Services, the Online Payment facilities, the Program or the Events subject to these T&C;

You shall return any physical Pass immediately request from HKSTP (or if applicable upon termination of Your membership);

You shall not, whether intentionally or not, transfer or give such Pass to any third parties; and

You are fully and solely responsible for the security of Your Pass and all actions and consequences of access or use of Your Pass even if Your Pass is disclosed or otherwise compromised.

 

Third party Information

The Information on or provided through the Robotics Garage, the Website, the Ecommerce Services, the HKSTP Facilities and Services, the Online Payment facilities, the Program or the Events or otherwise provided by HKSTP to You may contain Information provided by third party providers or sourced by HKSTP from other references or sources. Such Information may not be regarded as any recommendation or endorsement by HKSTP for any purposes with respect to any person, product or service.

 

HKSTP does not verify the correctness of such Information. Accordingly, HKSTP do not accept any responsibility whatsoever in respect of such Information. Any use of and reliance on such Information is at Your own risk.

 

Indemnity

You (as Applicant, Member, Authorized Participant, Registered User or otherwise), agree to defend, indemnify and hold HKSTP 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 T&C; (ii) use or access the Robotics Garage, the Website, the Ecommerce Services, the HKSTP Facilities and Services, the Online Payment facilities; (iii) applying, registering for or participating in any Events, to be or as a Member; (iv) receipt and use of the Information therefrom; and (v) negligence, tortious, illegal or unauthorized conduct or any other act or omission in related to the foregoing.

 

Without prejudice to any other rights HKSTP may have and notwithstanding of any clauses in this T&C to the contrary, Member will be fully responsible for his Authorized Participant via his membership and will indemnify HKSTP against all costs (including legal costs), expenses, claims or all losses or damages that is caused by or arising directly or indirectly from his Authorized Participant’s act or omission in connection with or incidental to the use of any facilities or services provided by HKSTP or the HKSTP Affilitates including but not limited to the Robotics Garage, the Website, the Ecommerce Services, Online Payment facilities and the HKSTP Facilities and Services. For the avoidance of doubt, HKSTP is entitled to, at its sole and absolute discretion, seek indemnification from the Member or his Authorized Participant or both for such costs (including legal costs), expenses, claims or all losses or damages caused by or arising directly or indirectly from his Authorized Participant.

 

Intellectual Property Rights

All intellectual property rights subsisting in any Information or materials in, on, provided by or accessible through the Robotics Garage, the Website, the Ecommerce Services, the HKSTP Facilities and Services, the Online payment, the Events and the Program 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.

 

You agree that HKSTP are free to use, disclose, adopt and modify all and any ideas, concepts, knowhow, proposals, suggestions, comments and other communications and information provided by You to HKSTP ("Feedback") in connection with the Robotics Garage, the Website, the Ecommerce Services, the HKSTP Facilities and Services, the Online Payment, the Program or the Events 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 Your Feedback.

 

In using or accessing the Robotics Garage, the HKSTP Facilities and Services, or any other facilities or services provided by HKSTP or the HKSTP Affiliates, You shall not infringe any third-party rights include any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right. In addition, You further warrant that You will not use or access such facilities and services for creating, altering or deriving any works which may interfere with, infringe upon, misappropriate, or otherwise come into conflict with any intellectual property rights of third parties.

 

 

Warranty

The Robotics Garage, the Website, the Ecommerce Services, the HKSTP Facilities and Services, the Online Payment facilities, the Program or the Events and any Information, and materials provided or available through them and provided by HKSTP or the HKSTP Affiliates from time to time will be 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. As such, You have agreed that:

there are no representations, undertakings, warranties or guarantees by HKSTP or the HKSTP Affiliates as to any aspect thereof, including but not limited to their quality, standard, function and availability; and

there is no assurance that such Website, Ecommerce Services, HKSTP Facilities and Services, Online Payment, Program, Events or any other related services and the Information available therefrom are correct, accurate, complete, up to date, non-misleading, free from interruption, unavailability, defects, errors, or omissions, of any qualify or standard or is not flawed in any way or fit for any particular purposes.

 

Liability

You (as Applicant, Member, Authorized Participant, Registered User or otherwise) accept that there is inherent danger or risk of injury, and hazards associated with the use or access of the Robotics Garage, the Website, the Ecommerce Services, the HKSTP Facilities and Services, the Online Payment facilities, the Program or the Events. In addition, You have acknowledged that the use or access of the Robotics Garage, the Website, the Ecommerce Services, the HKSTP Facilities and Services, the Online Payment facilities, the Program or the Events is entirely at Your own discretion, choice, risk and liability and You have agreed that You shall have no right to seek an indemnity, losses and damages, compensation, claim, costs, expenses or otherwise against HKSTP.

 

HKSTP and the HKSTP Affiliates shall in no circumstances have any liability to You (as Applicant, Member, Authorized Participant, Registered User or otherwise) for any claim for loss of profits or anticipated savings, loss of goodwill or injury to reputation, loss of business opportunity, punitive damages, losses suffered by You or any direct, indirect, incidental, consequential or special loss, damage or expenses suffered by You regardless of the form of action, whether in contract, strict liability or tort (including negligence) arising out of, in connection to or incidental to Your access or use of the Robotics Garage, the Website, the Ecommerce Services, the HKSTP Facilities and Services, the Online Payment facilities, the Program or the Events and the Information available therefrom, even if HKSTP or the HKSTP Affiliates have been advised of the possibility of such losses and damages.

 

Subject to clause 7.7(b) above, in jurisdictions which do not allow the exclusion or limitation of certain types of liability, HKSTP’s liability will be limited to the maximum extent permitted by laws of such jurisdiction.

 

Privacy Policy

For information about privacy policies and practices in related to, or the use or access of the Robotics Garage, the Website, the Ecommerce Services, the HKSTP Facilities and Services, the Online Payment, or applying, registering for or participating in any Events, or applying to be or is a Member, or any part or combination thereof, please refer to the Privacy Policy Statement as HKSTP may post on the Website or otherwise from time to time.

 

Compliance with Applicable Terms and Conditions

In using or accessing the Robotics Garage, the Website, the Ecommerce Services, Online Payment facilities, the HKSTP Facilities and Services, or applying, registering for or participating in any Events, or applying to be or is a Member, or any part or combination thereof, You (as Applicant, Member, Authorized Participant, Registered User or otherwise) shall at all time duly observe and comply with these T&C or any applicable T&C, house rule, code of conduct or regulation as HKSTP may from time to time impose and post on the Website or in the Robotics Garage or the applicable HKSTP Facilities and Services or otherwise notified by HKSTP.

 

Partial Invalidity

The illegality, invalidity or unenforceability of any provision of these T&C under the law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdiction nor the legality, validity or enforceability of any other provision.

 

Third Party Rights

No third party will have any right under the Contracts (Rights of Third Parties) Ordinance (Cap. 623) to enforce or enjoy the benefit of any of the provisions of these T&C.

 

Miscellaneous

  • No delay or failure in exercise any rights or remedies by HKSTP under these T&C shall constitute a waiver of any breach by You under these T&C. No waiver by HKSTP of any breach by You under these T&C will amount to a waiver of any other breach by You.
  • The headings in these T&C are for convenience only and do not affect interpretation.
  • In these T&C, the singular includes the plural and vice versa, and words importing one gender include the other genders.

 

Governing Law and Jurisdiction

These T&C shall be governed by the law of the Hong Kong Special Administrative Region. You agree to submit to the non-exclusive jurisdiction of the Hong Kong courts.