These terms and conditions of service (Terms) apply to your use of Uplifters Limited’s (Uplifters, We, Our) services (including but not limited to its website (including its e-learning platform on the website and/or chatbot)) (Website), whether as a guest or a registered user. By registering for an Uplifters course and/or using the Website, you agree to accept all these Terms. You must not register for an Uplifters course or use the Website if you do not agree with any of these Terms.
- Changes to these Terms
We may change these Terms at any time, so please check this webpage regularly for any modifications/supplements which We may make, before using the Website. To assist you doing this, We will make the most recent version of these Terms available on the Website and will indicate at the top the most recent date that they were modified. By continuing to use the Website after We modify these Terms, you accept the new version of the Terms. If you do not agree to the changes you must not continue to use the Website and instead contact us at email@example.com.
- Intellectual Property Rights
Other than the content you own, under these Terms, Uplifters and/or Our licensors (if any) own all the intellectual property rights in the Website and the materials contained in it and published on it. All such rights are reserved. You must abide by all copyright notices or restrictions contained on the Website.
You are granted a limited, non-exclusive, non-transferable, revocable worldwide licence to use the Website materials and access the Uplifters course solely for personal and educational, non-commercial purposes subject to these Terms. The licence is effective until termination by you or us.
You may make a reasonable number of copies of Website materials for personal, non-commercial use provided you do not alter the text or remove any notice or intellectual property mark or copyright displayed on the materials.
In particular, you must not:
- Publish, copy, reproduce, distribute, disseminate or otherwise make available any Website material in any other media without prior consent or agreement from Uplifters;
- assign, transfer, sell, sub-licence and/or otherwise commercialise any Website material;
- modify, transfer, distribute, pledge, or create derivative works based on the Website, including its user interfaces;
- engage in any data mining, data harvesting, data extracting, reverse-engineering, decompiling, disassembling or any other similar activity in relation to the Website;
- use the Website to engage in any advertising or marketing without consent or agreement from Uplifters;
- publicly perform and/or show any Website material without consent or agreement from Uplifters;
- use the Website in any way that is or may be damaging to the Website or to any person or entity including Uplifters and other users; or
- use the Website contrary to applicable laws and regulations.
Certain areas of the Website are restricted from access by you and Uplifters may further restrict access by you to any areas of the Website, at any time, in Our absolute discretion.
Any user ID and password you may have for the Website are confidential and personal to you and you are responsible for keeping such information confidential. We have the right to disable any user ID or password, whether chosen by you or allocated by us, at any time, if in Our opinion you have failed to comply with any of these Terms.
- Your Content
By submitting or distributing your user postings, you represent and warrant:
- you have the necessary rights, licences, consents, permissions to reproduce/ post the user posting, and authorise Uplifters to use and distribute your user postings in a manner consistent with the licences granted below, and
- your submission of your user postings/Our exercise of the licences granted by you will not infringe or violate the rights of any third party.
You are solely responsible for the content and accuracy of any materials posted by you and through your user account, and the consequences of posting them.
When you post any content on the Website, including but not limited to any audio, video, text, images or other material, you grant Uplifters a perpetual, non-exclusive, royalty-free, worldwide, irrevocable, assignable, sub-licensable license to use, reproduce, adapt, publish, make available, translate and distribute that content in any and all media formats or through any and all media channels.
We reserve the right to remove any of your content from the Website at any time without notice.
Uplifters or third parties through the Website may provide links to other websites or resources. As Uplifters does not have control over these third party sites, you acknowledge and agree that Uplifters is not responsible for whether you should use those sites or resources and does not endorse any of those sites or resources or their contents, products or other materials found there.
You also acknowledge and agree that Uplifters is not liable directly or indirectly for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such contents, products or services available on or through any such website or resource.
You may not hyperlink to the Website or any of its webpages unless you have obtained Uplifters’ prior written consent. Such requests should be sent to firstname.lastname@example.org for consideration. Uplifters reserves the right to withdraw any consent given at any time. Such consent does not extend to any contents or other websites or resources on third party websites. If you intend to reproduce, adapt, make available to the public, distribute or otherwise use any contents on or to hyperlink to any such linked websites, you must obtain all necessary permissions from the relevant intellectual property owners in accordance with the applicable intellectual property notice.
- No Official Certification Given
Uplifters does not provide any official educational certifications or diplomas for courses offered. All certifications given are only to certify successful completion of the courses offered on the Website according to the attendance and/or participation rating standards of Uplifters. We do not warrant that you will obtain any particular qualification upon completion of any Uplifters course.
- Disclaimer and Limitation of Liability
The Website and the materials on it are provided on “as is” basis and for general, information purposes only. Nothing contained on or provided through the Website is to be interpreted as provision of professional advice.
To the extent permitted by applicable law, the Website and the materials on it, or provided through it, are provided without warranties of any kind (express or implied) including as to accuracy, completeness, fitness for purpose, non-infringement, reliability, security, timeliness or freedom from computer viruses in respect of the Website or its contents. They have been prepared using reasonable skill and care, and reasonable skill and care will be used in providing Uplifters courses. If you rely on any information provided to you on the Website, by Uplifters or its partners, you do so solely at your own risk. We will not provide you with any medical or professional advice. The Website or the courses provided are not intended to diagnose, treat, cure, or prevent any disease, medical condition or injury.
To the extent permitted by applicable law, Uplifters, its officers, directors, employees, volunteers and agents, will not be liable for any loss or damage relating to or arising out of or in any way connected with your use of the Website or the materials or information provided on it, including any omissions from, errors in, misstatements, or misrepresentations, use or misuse of or reliance on or inability to use the Website. We do not warrant or make any representations regarding the usefulness of or the expected results of the materials contained on the Website. In no event will We be liable to you or to anyone else for any decision made (or not made) or action taken (or not taken) by you or anyone else in reliance or use of the Website or the materials or information provided on it.
Nothing in these Terms excludes or limits Our liability for fraudulent misrepresentation, death or personal injury caused by Our negligence or the negligence of Our employees or agents or any other liability that cannot be excluded or limited by law.
Save as otherwise provided in these Terms, Our maximum total liability to you or to anyone else under and/or arising in relation to these Terms is the amount of the fee (if) paid by you or by a third party on your behalf in respect of your registration, for any Uplifters course on the Website.
Uplifters, its officers, directors, employees, volunteers or agents will not be liable for any indirect, unforeseeable or incidental losses incurred, loss of income, loss or corruption of data or for additional damage, loss, liability, claims, costs, expenses caused or contributed to by your continued use of the Website or Website materials after a defect or error has become apparent or suspected or should reasonably have become apparent to you.
Except for the contents that have been expressly stated to be produced by Uplifters, any other contents on the Website are not within Uplifters’ scope of liability, and Uplifters is not liable for loss or damage relating to, arising out of, or in any way connected with, accidents (including infection by computer virus), defamation or infringement of intellectual property rights. Any materials downloaded or otherwise obtained through the use of the Website is done at your own risk and discretion and you will be solely responsible for any damage to your computer system or damage or loss of data resulting from the download of information.
To the fullest extent permitted by applicable law, you agree to on demand defend, indemnify and hold Uplifters, its officers, directors, employees, volunteers and agents from and against any and/or all liabilities, costs, demands, actions, claims, damages and expenses (including without limitation legal fees) arising in any way or connected to your breach of any (whether in whole or in part) of these Terms.
We may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. No settlement which may adversely affect Our rights or obligations may be made without Our prior written approval. We reserve the right at Our own expense and on notice to you to assume exclusive defence and control of any claim or action.
The amount of any charges or fees for courses to be provided on the Website are as specified Course Information pages of the Website.
Payment on time in respect of any registration for a course for which a fee or charge is payable on the Website is an essential condition of these Terms. Payment is not deemed to be made until we have received cash or cleared funds in respect of the full amount outstanding.
- Cancellation or Suspension of Courses
Once you have registered for an Uplifters course (whether for you or on another’s behalf), any registration fee paid in respect of that course is non-refundable.
In the event of Typhoon Signal 8 or above or a Black Rainstorm Warning, We have the right to postpone any scheduled Uplifters course including any course on the Website and re-schedule for a later date and time to be determined at Our sole discretion.
If you are unable to access a course on the Website, We will use reasonable endeavours to provide a solution where We have direct control over the system, software or settings involved. If the issue lies with your hardware, systems, software or settings thereof, We may, in Our discretion, provide assistance to you to help you resolve the issue but We cannot guarantee that any assistance provided will resolve your issue.
You accept and acknowledge that periods of downtime may be required in respect of the information technology infrastructure connected to the Website and that technical assistance may not be available during such periods of downtime. Further you accept that you will not have a claim for breach of contract or otherwise in respect of such period of unavailability.
We will use reasonable endeavours to make the Website and online courses available but cannot guarantee uninterrupted, timely or error free availability or that defects will be corrected. Uplifters reserves the right to suspend access to the Website and online courses for the purpose of scheduled or emergency maintenance, repairs or upgrades to improve the performance or functionality of the Website.
You also accept and acknowledge that Uplifters cannot be held responsible for any delay or disruptions to your access to the Website or and online courses as a result of such suspension or any of the following:
- the operation of the Internet and the world wide web, including but not limited to viruses;
- any firewall restrictions that have been placed on your network or the computer you are using to access Website or and online courses;
- failures of telecommunications links and equipment; or
If any provision of these Terms for any reason is or is held to be illegal, void, invalid or otherwise unenforceable (in whole or in part) by any court or administrative body of competent jurisdiction under any applicable law, the rest of these Terms will be valid and enforceable to the extent permitted by law.
- Third Party Rights
A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Ordinance (Cap 623) to enforce any of its terms or any document referred to in it.
We may in Our sole discretion and at any time without prior notice to you and without cause, terminate all or any part of the Website or Our services to you and prohibit your right of access to all or any part of the Website (including your user account) or Our services, and remove any information and materials linked to your user account.
Termination of these Terms or the relationship between us and you does not affect the accrued respective rights or liabilities of either party or affect the continuance in force of any provision which is expressly or by implication intended to continue in force on or after termination.
Uplifters has the right to assign, transfer, and subcontract its rights and, as applicable, its obligations under these Terms without any notice to its users.
You are not permitted to assign, transfer or subcontract any of your rights and/or, as applicable, obligations under these Terms unless otherwise agreed in writing with Uplifters.
- Entire Agreement
These Terms constitute the entire agreement between Uplifters and you in relation to your use of the Website and supersede all prior agreements (whether written or oral) and understanding (if any) relating to your use of the Website.
No neglect, delay or indulgence by Uplifters in enforcing any provision of these Terms will be construed as a waiver and no single or partial exercise of any rights or remedy by Uplifters under these Terms will affect or restrict the further exercise or enforcement of any such right or remedy.
If these Terms are translated into any language other than English, the English language text prevails.
- Governing Law & Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of Hong Kong Special Administrative Region, and you agree to submit to the non-exclusive jurisdiction of the courts of Hong Kong Special Administrative Region for the resolution of any disputes.