- Capitalized terms used in these Terms shall have the following meanings:
- "Fees" means the fees which may be payable by user, which amount may be amended from time to time by us.
- “Institution or Department of Higher Education” means the department or faculties from universities, academies, colleges, seminaries, conservatories, and institutes of technology, higher education is also available through certain college-level institutions, including vocational schools, trade schools, and other career colleges that award academic degrees or professional certifications.
- "IP Rights" means any trademarks, service marks, logos, trade names, corporate names, Internet domain names, patents, registered designs, copyrights, design rights, database rights, rights in designs, inventions, semiconductor topography rights, know-how, trade secrets or any similar right exercisable anywhere in the world, and all applications or rights to apply for the same (where such applications can be made), whether presently existing or created in the future, and whether registered or not, and all benefits, privileges, or rights to sue, recover damages and obtain relief for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.
- "Loss" or "Losses" means losses, liabilities, costs, judgments, awards, damages, fines, penalties, sanctions, settlements, claims, demands, actions, costs, charges, expenses and liabilities of whatsoever nature (including attorney/legal fees for both internal and external counsel, and costs related to investigation, arbitration, litigation or settlement).
- "NGO" means a not-for-profit non-governmental organisation that has been granted tax exemption under Section 88 of the Inland Revenue Ordinance (Cap. 112). "Platform" means the Website and/or any mobile applications or other software, operated or provided by the Office of Service-Learning at Lingnan University in order to provide the Services.
- "Office of Service-Learning at Lingnan University", "OSL", "we", "us" or "our" means the Office of Service-Learning at Lingnan University, an non-academic department at Lingnan University.
"Platform Content" means any data, material or information, in any format whatsoever, including (without limitation) any data files, text, computer software, images, graphics, photos, video clips, sound, audio files, directories, files, databases or listings, that are made available on or through the Platform (including any information relating to Volunteer Opportunities).
"Service" means the processing, administration and provision of the following:
- posting and publishing of any Volunteer Opportunities offered by NGOs onto the
- Platform to be viewed by Users and applied for by Volunteers;
- enabling Volunteers to use the Platform to view and apply for a Volunteer Opportunity;
- provision of information to Volunteers on the Volunteer Opportunities that the Volunteers have participated in; and other related services that we decide to provide, from time to time, in our sole discretion.
- "Social Enterprise" means a for-profit company formed and registered under the new or a former Hong Kong Companies Ordinance which comply with our onboarding requirements.
- "Terms" means these terms and conditions for use of the Platform and the Services.
- "Third Party Materials" means any Platform Content provided, uploaded, transmitted, submitted or posted by or sourced from any third party that can be used, downloaded, viewed or accessed as a result of or through the Platform.
- "Third Party Provider" means any entity or individual (including, without limitation, any User, NGO or Corporate Volunteer) that is not the Office of Service-Learning at Lingnan University, who provides, uploads, transmits, submits, posts or is the source of any Third Party Materials.
- "Users" means any individual, entity or organisation, other than you, who accesses, views or uses the Platform or Services.
- "User Account" means an account established by us in connection with the Platform for a User to be able to use the Services.
- "Website" means the website at www.ln.edu.hk/osl/wecareop.php.
- "you" or "your" means you, the person who is accessing, using or viewing the Platform, and any Institution or Department of Higher Education, School, NGO or Social Enterprise on whose behalf you are accessing, using or viewing the Platform.
- "Your Content" means any Platform Content that is provided, uploaded, transmitted, submitted or posted by or sourced from you.
- "Volunteer" means a person who holds a User Account, and who uses the Services to volunteer and provide services to an NGO for free.
- "Volunteer Application" means the application to engage with a Volunteer Opportunity using a User Account through the predetermined procedure on the Platform.
- "Volunteer Opportunities" means opportunities offered by NGOs and posted on the Platform, seeking volunteers to provide services to that NGO for free.
- Whenever the words include, includes, including or in particular (or similar derivatives) are used, they are deemed to be followed by the words without limitation.
- The Service allows Users to advertise, offer and post Volunteer Opportunities and related initiatives, programs and events, or information regarding Users' participation or interest in any Volunteer Opportunities, and associated information, text, files and other materials and to share such information with others. You retain ownership of Your Content. You agree that by submitting to us and/or uploading Your Content onto the Platform, you are granting us a worldwide, irrevocable, non-exclusive, royalty-free sub-licensable license to use, copy, reproduce, process, adapt, publish, create derivative works, translate, transmit, host, disseminate and display Your Content in any form, media, or technology whatsoever, in any manner and for any purpose in relation to : (i) the Service and associated support; and (ii) analyzing and improving the operation of the Service.
- You warrant and undertake that you have all the rights, power and authority necessary to grant the licenses described in Clause 2.1. You agree that you are responsible for protecting and enforcing your own IP Rights and that we have no obligation to do so on your behalf.
- We reserve the right (but shall have no obligation) to remove, pre-screen, review, flag, filter, modify or refuse any of Your Content from the Platform or in relation to the Services, at our sole discretion.
- You agree that Your Content, and your Volunteer Opportunities (if applicable), shall:
- fully comply with any applicable laws or regulations;
- not contravene or infringe upon any third party's rights (including IP Rights) or privacy rights;
- not be defamatory, libellous, harassing, disruptive, offensive, abusive, threatening, indecent, defamatory, obscene or menacing; and
- not contain any information that you do not have the right to make available publicly or via the Platform, due to any contractual, fiduciary or legal obligation.
- You represent and warrant that Your Content is true, accurate and up-to-date. Upon becoming aware that any of Your Content is no longer true, accurate or up-to-date, you shall promptly update, amend or correct Your Content.
- You agree that you are solely responsible for, and that the Office of Service-Learning at Lingnan University has no responsibility to you or to any third party for, any of Your Content or any Volunteer Opportunities, and for the consequences of such (including any loss or damage which you or any other party, may suffer).
- You will not use any trade mark, service mark, trade name, logo of any third party without that third parties authorisation, or in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
- You agree that:
- you must provide accurate information when you create your User Account;
- you are responsible for safeguarding the password and login details for your User Account, and are responsible for all activities that occur under your User Account. Without prejudice to the foregoing, you should notify the Office of Service-Learning at Lingnan University immediately if you become aware of any breach of security or unauthorized use of your User Account.
- You may never use another person's User Account without their permission.
- You may not disassemble, decompile or reverse engineer the Service or attempt or assist anyone else to do so, unless such restriction is prohibited by law.
- our Service is not intended for use by persons under the age of 13, and persons under the age of 13 require parental consent before they can sign up for a User Account. By using the Service you are representing to us that you are over the age of 13, or (if you are under the age of 13) that you have parental consent to use the Services and Platform pursuant to these Terms.
- you will not engage in any activity that interferes with or disrupts the Platform or the servers and networks through which the Platform is provided;
- you will not copy, reproduce, download, re-publish, sell, distribute or resell any part of the Platform, the Service or Platform Content;
- you shall not install, upload or transmit (or allow the installation, uploading or transmission of) any viruses or malicious instructions, codes, techniques or devices capable of disrupting, disabling, damaging, shutting down or gaining unauthorized access to the Platform, the Service or other telecommunications or computer systems or devices or any data transmitted through or stored on the foregoing;
- you shall not take any action or allow any third party to take any action that would enable you, or any third party, to gain unauthorised access to, or to tamper with or use any computer systems or networks of the Office of Service-Learning at Lingnan University or any third parties; and
- you are solely responsible for, and we have no responsibility to you or to any third party for any breach of your obligations under these Terms.
- You agree to use the Platform and the Service only for purposes that are permitted by these Terms and any applicable law.
- You agree not to use the Platform, the Service or any Platform Content:
- in any way that is unlawful and/or breaches any applicable laws, or promotes illegal activities;
- to contravene or infringe upon any third party's rights;
- to send, communicate, upload, or engage in any harassing, disruptive, offensive, abusive, threatening, indecent, defamatory, obscene or menacing behaviour;
- to impersonate another person or otherwise misrepresent an affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
- publish or post other people's private or personal data (including names, contact details, credit card numbers, age or identity card numbers), without their express prior authorization;
- send unsolicited communications, promotions advertisements or spam;
- publish or include links to malicious content intended to damage or disrupt another user's browser or computer;
- access, tamper with, or use non-public areas of the Services or Platform, Lingnan University’s computer systems, or the technical delivery systems of Lingnan University’s providers;
- probe, scan, or test the vulnerability of any system or network, or breach or circumvent any security or authentication measures;
- access or search the Services by any means other than the Office of Service-Learning at Lingnan University’s publicly supported interfaces (for example: scraping);
- forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source identifying information;
- interfere with or disrupt the access of any User, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Your Content in such a manner as to interfere with or create an undue burden on the Service; or
- promote or advertise any Volunteer Opportunities other than your own, without appropriate authorization.
Right to list Volunteer Opportunities
- If you are an Institution or Department of Higher Education, School, NGO or Social Enterprise, you are only allowed to list or publish Volunteer Opportunities if you hold a valid User Account and your proposed Volunteer Opportunity has been submitted via your User Account.
- We reserve the right (but shall have no obligation) to remove, pre-screen, review, flag, filter, modify or refuse any Volunteer Opportunities submitted via your User Account, at our sole discretion, at any time.
Your Use of Third Party Applications
You are free to stop using our Service at any time. We also reserve the right to suspend or terminate your access to and use of the Service, the Platform or User Account at any time at our sole discretion and without notice.
Office of Service-Learning at Lingnan University’s IP Rights
- All rights, title, interest and IP Rights in the Platform, the Services and the Platform Content (excluding Third Party Content and Your Content) are owned by the Office of Service-Learning at Lingnan University’s and will remain the exclusive property of the Office of Service-Learning at Lingnan University and its licensors. You shall not modify, copy, rent, lease, loan, sell, distribute or create derivative works based on the Platform Content (either in whole or in part) unless you have received the Office of Service-Learning at Lingnan University’s express authorisation in writing.
- You acknowledge and agree that the Office of Service-Learning at Lingnan University shall not be obligated to (but reserves the right at its sole discretion to) actively monitor or exercise any control whatsoever over any Third Party Material. the Office of Service-Learning at Lingnan University does not endorse, verify or otherwise certify any Third Party Material.
- Any feedback, comments, or suggestions you may provide regarding the Service or Platform is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Infringement of Your IP Rights
- In the event that you believe any of your IP Rights have been infringed on the Platform by a User or any Third Party Provider, you may notify us in writing via our contact details stated at Contact Us. To facilitate the processing of any notice received by us from you, you must include the following:
- a reference to this Clause 8.1 of these Terms;
- information regarding your identity and your contact details;
- proof of your ownership of the relevant IP Rights;
- a copy of, and the hyperlinks to, the relevant Platform Content or that part of the Platform that allegedly infringes your IP Rights; and
- a description of the alleged infringement.
- Upon receipt of your notice and the required information stated in Clause 8.1, we may (in our sole discretion) take any action we deem appropriate.
- You represent and warrant that any claim submitted by you to us alleging that your IP Rights have been infringed shall be true, accurate and correct. You shall indemnify and hold the Office of Service-Learning at Lingnan University harmless from all Losses arising out of or in relation to any IP Rights infringement claim made by you, and any amendment, deletion or removal of any Platform Content or termination or suspension of a User Account pursuant to your IP Rights infringement claim. Any action taken by the Office of Service-Learning at Lingnan University shall not be construed as any endorsement or rejection of any IP Rights infringement claim. Any claims regarding IP Rights infringement shall be resolved by the relevant parties.
Modifications to the Service or Platform
The Services and/or Platform may be modified from time to time, with or without prior notice to you. Your continued use of the Services and/or Platform constitutes your acceptance of such modifications. If you do not agree to any modification we make to the Service and/or Platform, your sole remedy is to terminate your use of the Service and the Platform.
Warranties and Disclaimers
- The Platform Content are for your general reference only, and are not intended to amount to any advice on which you should rely.
- You agree that your use of the Services, Platform Content and Platform is at your sole risk and that the Service, Platform Content and Platform are provided “as is” and “as available”.
- To the fullest extent permitted by the applicable law, the Office of Service-Learning at Lingnan University expressly disclaims all conditions and warranties conditions of any kind, whether express or implied, in relation to any Volunteer Opportunities or Platform Content including, but not limited to any implied conditions and warranties of quality or fitness for a particular purpose.
- Without prejudice to the generality of Clause 10.2 or 10.3 above, the Office of Service-Learning at Lingnan University makes no representations or warranties:
- as to the accuracy, quality, completeness, currentness, adequacy, reliability or validity of any information or material provided on or through the Platform, including the Platform Content or the Service;
- in relation to any Volunteer Opportunities listed, referred to, offered, displayed, published or posted on the Platform;
- that the Platform, Platform Content or the Services will meet your requirements, or are free of defect, error, omission or virus;
- that your use of the Services, the Platform or Platform Content will be uninterrupted, timely, secure or error-free; or
- that defects in the operation or functionality of the platform will be corrected.
- Any materials downloaded or otherwise obtained through the use of the Service or Platform is done at your own discretion and risk, and you shall be solely responsible for any damage or loss that results from the downloading or use any such material.
You agree to defend, indemnify and hold harmless the Office of Service-Learning at Lingnan University and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all losses arising from your use of and access to the Services, the Platform, the Platform Content, or from or in connection with Your Content or any Volunteer Opportunities in which you have applied for, accepted or participated, or any use by you or a third party of your User Account with your knowledge or consent.
Limitation of Liability
- the Office of Service-Learning at Lingnan University shall not be liable for any lost profits or special, incidental or consequential Losses suffered by any User (however arising, including negligence) arising out of or in connection with the Office of Service-Learning at Lingnan University, our Service, the Platform of these Terms.
- To the fullest extent permitted by applicable laws, the Office of Service-Learning at Lingnan University shall not be liable to you in contract, tort (including negligence), breach of statutory duty or otherwise for any Losses whatsoever (including whether general, special indirect, direct, nominal, punitive, incidental or consequential) which may arise in relation to these Terms, the Volunteer Opportunities, the Service, the Platform Content, the Platform, your User Account, Your Content or Third Party Materials, whether or not the Office of Service-Learning at Lingnan University were advised in advance of the possibility of such Losses.
- Without prejudice to Clause 12.2 above, solely to the extent that any court of competent jurisdiction issues a decision that Clause 12.2 is valid or unenforceable, then the Office of Service-Learning at Lingnan University’s total liability in relation to these Terms, the Volunteer Opportunities, the Service, the Platform Content, the Platform, your User Account, Your Content or Third Party Materials, shall not be greater than HK$1,000.
These Terms and any dispute or matter arising out of or in relation to the Services or Platform shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China. Both you and the Office of Service-Learning at Lingnan University shall submit to the exclusive jurisdiction of the courts of Hong Kong.
- The Platform may include hyperlinks to other websites, content or resources, which are hosted, offered or provided by third parties unrelated to the Office of Service-Learning at Lingnan University. You understand and agree that:
- the Office of Service-Learning at Lingnan University has no control over and does not monitor such third party websites, content, or resources;
- the Office of Service-Learning at Lingnan University makes no guarantee or warranty, and is not responsible for any such external sites, content or resources (or any products, goods or services promoted, referred to or offered on such external sits or resources); and
- the Office of Service-Learning at Lingnan University does not endorse any websites linked to the Platform, or any advertising, products, goods, services or other materials on or available from such websites or resources.
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 these Terms had been made without the invalid, illegal or unenforceable terms.
A failure or delay by the Office of Service-Learning at Lingnan University to exercise any right or act upon a breach under these Terms will not be a waiver of that right or breach. Any waiver by the Office of Service-Learning at Lingnan University 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.
You may not transfer any of your rights or obligations under these Terms without the written consent of the Office of Service-Learning at Lingnan University. Office of Service-Learning at Lingnan University may transfer its rights or obligations to any third party without your consent.
These Terms are drafted in the English language. If these Terms are translated into any other language, the English language version shall prevail.