Terms and conditions

Terms and Conditions of Use

Welcome to the Hong Kong Jockey Club Disaster Preparedness and Response Institute of Hong Kong Academy of Medicine (hereinafter refers as “HKJCDPRI”) E-learning Platform. Please read these Terms and Conditions prior to use the E-learning module.

These Terms and Conditions may be amended by HKJCDPRI from time to time at our sole discretion. By continuing to use the E-learning module subsequent to HKJCDPRI making available an amended version of these Terms and Conditions, you thereby acknowledge, agree, and consent to such amendment.


No Endorsement

You may not publicly represent or imply that the Hong Kong Jockey Club Disaster Preparedness and Response Institute of Hong Kong Academy of Medicine (hereinafter refers as “HKJCDPRI”) is participating in, or has sponsored, approved or endorsed the manner or purpose of your use of this E-learning module and its materials.

You shall not use information extracted from this E-learning module for marketing, promotional or commercial purposes.


Usernames and Forums

In order to access the E-learning module, you have to create a “username” and complete an account registration process. If you do so, you agree to provide accurate, current, and complete information about yourself as prompted by the E-learning module's registration form. You also agree to update your account information in a prompt manner in order to keep it true, accurate, current and complete. You are responsible for maintaining the confidentiality of your account password and username, and are fully responsible for all activities that occur under your password or username. Please notify HKJCDPRI immediately of any unauthorised use of your password or username or any other breach of security.

The E-learning module contains message or communication facilities (collectively, “Forums”) and you agree to use the Forums only to send and receive messages and materials that are proper and related to the particular Forum. By way of example and not as a limitation, you agree that when using a Forum, you will not do any of the following:

Violate any applicable law or encourage or provide instructions to others to do so.

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information.

Misrepresent your identity.

Collect or store personal information about anyone.

Send “spam” email messages to anyone.

Upload or attach files that contain software or other material protected by intellectual property laws (or by rights of privacy and publicity) unless you own or control the rights thereto or have received all consents therefor as may be required by law.

Upload or attach files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer.

Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.

Falsify the origin or source of software or other material contained in a file that is uploaded.

Advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters, or download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.

Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed in such manner.

You acknowledge that all Forums and discussion groups are public and not private communications. Further, you acknowledge that chats, postings, conferences, e-mails and other communications by other users are not endorsed by HKJCDPRI, and that such communications shall not be considered to have been reviewed, screened or approved by HKJCDPRI. HKJCDPRI reserves the right to remove, for any reason, and without notice, any content of the Forums received from users, including, without limitation, e-mail and Forum postings.

You grant HKJCDPRI a royalty-free, irrevocable, transferrable, sub-licensable, and non-exclusive perpetual license throughout the universe for use in any and all media whether now known or hereafter devised to use and exploit (including without limitation by reproduction, distribution, public display, adaptation, and/or public performance) any and all materials that you post.

HKJCDPRI may or may not review materials that you post, but it shall have the right (but not the obligation) at its sole discretion to review, reject, or remove any and all materials at any time for any or no reason whatsoever with or without notice to you.


Procedure for Sending Complaints Regarding Materials

If you believe that your rights, or the rights of a third party, including any intellectual property rights, are being violated in any way by any materials in the E-learning module, please contact us at:

Hong Kong Jockey Club Disaster Preparedness and Response Institute
Hong Kong Academy of Medicine 

Room 901, 9/F
Hong Kong Academy of Medicine Jockey Club Building
99 Wong Chuk Hang Road, Hong Kong

Telephone: (852) 2871 8507
Fax: (852) 2296 4628
Email: hkjcdpri@hkam.org.hk


Disclaimers, Releases, and Limitations on Liability

YOU USE THE E-LEARNING MODULE AND MATERIALS AT YOUR SOLE RISK. HKJCDPRI PROVIDES THE E-LEARNING MODULE, AND MATERIALS "AS IS" AND "AS AVAILABLE". HKJCDPRI EXPRESSLY DISCLAIMS TO THE FULL EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND RELATED TO THE E-LEARNING MODULE, AND MATERIALS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND

NON-INFRINGEMENT. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE E-LEARNING MODULE, OR MATERIALS.

HKJCDPRI MAKES NO WARRANTY THAT (1) THE E-LEARNING MODULE OR MATERIALS ARE APPROPRIATE, TIMELY, ACCURATE OR COMPLETE; (2) THE E-LEARNING MODULE, OR MATERIALS WILL MEET YOUR REQUIREMENTS; (3) THE E-LEARNING MODULE, OR MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (4) THE RESULTS OF THE E-LEARNING MODULE, OR MATERIALS WILL BE ACCURATE OR RELIABLE; (5) THE QUALITY OF ANY PRODUCTS, SERVICES, OR MATERIAL OBTAINED BY YOU THROUGH THE E-LEARNING MODULE WILL MEET YOUR EXPECTATIONS; OR (6) THE E-LEARNING MODULE, ITS SERVERS, OR THE MATERIALS, OR COMMUNICATIONS SENT FROM HKJCDPRI WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO INFORMATION OBTAINED BY YOU FROM HKJCDPRI OR THROUGH THE E-LEARNING MODULE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

Neither HKJCDPRI nor any of its employees, information providers or content providers accept any responsibility whatsoever for the appropriateness, quality, accuracy, timeliness and completeness of the materials.

Neither HKJCDPRI nor any of its members and employees, information providers or content providers shall be liable to any user or anyone else for any inaccuracy, error, omission, interruption, timeliness, incompleteness, deletion, defect, failure of performance, computer virus, communication line failure, alteration or use of any content published on the websites, regardless of cause, or for any damages resulting therefrom.

If a user is dissatisfied with any material on the E-learning module or with any of the terms and conditions governing the E-learning module, a user's sole and exclusive remedy is to discontinue using the E-learning module.

HKJCDPRI reserves the exclusive right, at its sole discretion, for any reason or no reason, at any time, and from time to time, and with or without notice to you, to modify, limit or discontinue, temporarily or permanently, the E-learning module (or any part thereof) or to terminate your username and account and/or your access to the E-learning module (or any part thereof), and shall have no obligation to take the needs of any user into consideration in connection therewith. Under no circumstances shall HKJCDPRI be liable for any loss, damage, liability, or expense incurred or suffered which is claimed to result from your use of this E-learning module, including without limitation, any fault, error, omission, interruption, or delay with respect thereto.

Under no circumstances, including, but not limited to, negligence, shall HKJCDPRI or ANY ENTITY THAT IS A MEMBER OF HKJCDPRI, or any other content provider, be liable for any direct, indirect, incidental, special, EXEMPLARY, or consequential damages of any kind, or any damages whatsoever, including without limitation, loss of profit, loss of use, savings or revenue, or the claims of third parties, whether or not HKJCDPRI has been advised of the possibility of such damages or loss, however caused and on any theory of liability, arising out of or in connection with the possession, use or performance of this E-learning module.

You specifically acknowledge and agree that HKJCDPRI is not liable for any conduct of any user. You hereby release HKJCDPRI from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the conduct of any user.

This E-learning module may contain advice, opinions, and statements of various content providers. HKJCDPRI does not represent or endorse the accuracy, reliability or timeliness of any advice, opinion, statement, or other information provided by any content provider, or any user of this E-learning module, or other person or entity. Reliance upon any such opinion, advice, statement, or other information shall also be at a user’s own risk. HKJCDPRI shall not be liable to you or anyone else for any inaccuracy, error, omission, interruption, timeliness, completeness, deletion, defect, failure of performance, computer virus, communication line failure, alteration of, or use of any content herein, regardless of cause, for any damages resulting therefrom.

As a condition of use of this E-learning module, you agree to defend, indemnify and hold harmless HKJCDPRI, its members and employees, information providers and content providers from and against any and all actions, claims, losses, damages, liabilities, and expenses (including legal fees and costs) arising out of or resulting from your use of this E-learning module, including without limitation any claims alleging facts that if true would constitute a breach by you of these Terms and Conditions. You will cooperate as fully as reasonably required in the defense of any such claim. HKJCDPRI reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of HKJCDPRI.

Other parties may have ownership interests in some of the materials contained on the E-learning module.  HKJCDPRI in no way represents or warrants that it owns or controls all rights in all materials, and HKJCDPRI will not be liable to you for any claims brought against you by third parties in connection with your use of any materials.

This E-learning module may contain links to third-party web sites.  The linked sites are not under the control of HKJCDPRI, which is not responsible for the contents of any linked site or any link contained in a linked site. HKJCDPRI does not endorse the linked to sites.

The HKJCDPRI E-learning platform is implemented a series of technologies and security measures, such as encryption and/or authentication tools, in order to safeguard the information maintained on the systems from misuse, unauthorized access or disclosure, alteration, or loss.

Although the HKJCDPRI E-learning platform is applied reasonable means to ensure that the information you furnish is not used by third parties for purposes other than that for which it was provided, HKJCDPRI cannot guarantee that unauthorized third parties will never be able to defeat security measures or use your personal information for improper purposes. You should be aware that no transmission of information via the internet is ever totally secure.  Transmission is therefore at your own risk. Use of trade names, commercial sources or private organisations is for identification only and does not imply endorsement by HKJCDPRI.

You acknowledge that these Terms and Conditions constitute a non-exclusive agreement.


Personal Data Privacy

For the policy on personal data of Hong Kong Academy of Medicine as adopted by HKJCDPRI and this E-learning module, please click here.


Governing Law

HKJCDPRI Terms and Conditions and the relationship between you and HKJCDPRI shall be governed by the laws of the Hong Kong Special Administrative Region as an agreement wholly performed therein without regard to its conflict of law provisions.


Preservation of Immunities

Nothing herein shall constitute or be considered to be a limitation upon or a waiver of the privileges and immunities of the HKJCDPRI, which are specifically reserved.


Miscellaneous

The failure of HKJCDPRI to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. No waiver by HKJCDPRI of any provision of these Terms and Conditions shall be binding except as set forth in writing and signed by its duly authorised representative.

These Terms and Conditions are fully assignable by HKJCDPRI and will be binding upon and inure to the benefit of our successors and assigns.

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms and Conditions.  You agree not to make any public statements that assert or imply any relationship with HKJCDPRI, unless you have HKJCDPRI's prior written approval.

If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the court should nevertheless endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect.

HKJCDPRI reserves all rights not expressly granted under these Terms and Conditions, and no other rights are granted by implication or estoppel or otherwise.

The headings in these Terms and Conditions are for convenience only and have no legal or contractual effect.

Last modified: Tuesday, 18 August 2015, 6:01 PM