REUSABLE RESOURCES SHARING PLATFORM

TERMS AND CONDITIONS

PLEASE READ THE TERMS AND CONDITIONS SET FORTH BELOW, AS THEY APPLY TO YOUR USE OF THE WEBSITE. YOUR USE OF THE WEBSITE SIGNIFIES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND AGREEMENT TO BE BOUND BY THEM AND ANY AND ALL OTHER APPLICABLE TERMS REFERENCED HEREIN ABSOLUTELY.

PART A

1. Definitions

1.1 In these Terms, except where a different interpretation is necessary in the context, the words and expressions set out below shall have the following meanings:

(a) “Disabling Code” means any virus, “backdoor”, “time bomb”, “logic bomb”, “Trojan Horse”, “worm”, “drop dead device” or any other software, computer program or malicious code intended or designed to:

(i) permit access to or use of our computer systems or the computer systems of any third party (including other Users); or

(ii) disable, damage, corrupt, erase, interfere, monitor, intercept, copy, or disrupt or impair the normal operation of, our computer systems, the computer systems of any third party (including other Users), the Website, or any associated data or information;

(b) “HKGBC”, “we”, “us” or “our” means the Hong Kong Green Building Council Limited, a company incorporated under the laws of Hong Kong with its registered office at 1/F, Jockey Club Environmental Building, 77 Tat Chee Avenue, Kowloon Tong, Hong Kong;

(c) “Intellectual Property 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 in any part of the world, whether registered or not, and including any applications for the registration of any such rights;

(d) “Listing” means the listing and/or posting of any information on the Website in relation to goods, items and/or products that Users wish to sell and/or contribute;

(e) “Loss” or “Losses” means losses, liabilities, costs, judgments, awards, damages, fines, penalties, sanctions, settlements, claims, demands, actions, 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) and includes:

(i) loss of profit;

(ii) loss of revenue;

(iii) loss of time;

(iv) loss of anticipated savings;

(v) loss of opportunity;

(vi) loss or corruption of data;

(vii) loss of use;

(viii) loss of business;

(ix) wasted expenditure;

(x) loss of or damage to physical property;

(xi) business interruption;

(xii) loss of or damage to goodwill; or

(xiii) cost of procuring substitute products and/or services,

(and each paragraph (i) – (xiii) shall be considered independently without applying the ejusdem generis rule);

(f) “User” means you, if you hold a User Account;

(g) “User Account” means a user account established by us in connection with the Website pursuant to the application and approval procedure set out at http://reuse.hkgbc.org.hk/joinus.php;

(h) “Personal Data” means any data or information relating to an individual and from which it is practicable for the identity of the individual to be directly or indirectly ascertained, and in a form in which access to or processing of the data is practicable (including, but not limited to, names, ages, addresses, occupations, contacts, other personal details and credit card information);

(i) “Privacy Policy” means our privacy policy found at http://reuse.hkgbc.org.hk/privacy.php, and which may be amended by us from time to time at our sole discretion, without notice;

(j) “Service” means the provision of the Website and the Listing made by third parties and/or you on the Website, in accordance with these Terms;

(k) “Terms” means these terms and conditions for use of the Website;

(l) “Third Party Materials” 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, or any other such items, provided, uploaded, transmitted, submitted or posted by or sourced from third parties that you use, download, view or access as a result of or through the Website;

(m) “Third Party Provider” means any entity or individual (including, without limitation, any Other Users) that is not HKGBC, which provides, uploads, transmits, submits, posts or is the source of any Third Party Materials;

(n) “Other Users” means any other person, other than you, who accesses, views or uses the Website or Service;

(o) “Website” means the HKGBC’s Reusable Resources Sharing Platform at http://reuse.hkgbc.org.hk;

(p) “Website 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 is made available on or through the Website, including, for the avoidance of doubt, any Third Party Materials and any Listing;

(q) “You” or “your” means you, the person or entity who is accessing or viewing the Website; and

(r) “Your Content” means any Website Content that is provided, uploaded, transmitted, submitted or posted by or sourced from you in relation to any Listing.

1.2 Whenever the words “include”, “includes”, “including” or “in particular” (or similar derivate) are used, they are deemed to be followed by the words “without limitation”.

2. Acceptance of these Terms

2.1 By accessing the Website and/or using the Service, you agree to be bound by and accept these Terms.

2.2 Your access and/or use of the Website and the Service are contingent upon you first agreeing to be bound by these Terms and the Privacy Policy. You may not use the Website or the Service if you do not agree to accept all of these Terms.

2.3 You may not access or use the Website or the Service and may not accept these Terms if:

(a) you are under the age of 18; or

(b) you are a person barred from accessing or using the Website under the laws of Hong Kong or under the applicable laws of the jurisdiction you are ordinarily resident in or from which you are accessing the Website.

3. Application of Terms

3.1 Part A of these Terms shall apply to you, irrespective of whether or not you are a User.

3.2 In addition to Part A of these Terms, Part B of these Terms shall also apply to you if you are a User.

3.3 Please note that it is mandatory for you to provide certain categories of Personal Data (as specified at the time of collection). In the event that you do not provide any Personal Data that is indicated as mandatory, we may not be able to provide you with our Services or a User Account and/or any services in relation to the User Account, Services or the Website.

4. Change of Terms

4.1 We may amend the Terms from time to time in our sole discretion without notice or liability to you. By continuing to use the Website or the Service following such amendments to the Terms, you agree to be bound by such amendments.

5. Changes to the Website

5.1 We may, in our sole discretion and at any time, without notice to you, add to, amend or remove any Website Content or Your Content, or alter the presentation, substance, or functionality of the Website or the Service.

5.2 HKGBC reserves the right, but shall have no obligation to, pre-screen, review, flag, filter, modify, refuse or remove any or all Website Content or Your Content from the Website, at its sole discretion.

6. Your Conduct

6.1 You agree to use the Website and the Service only for purposes that are permitted by:

(a) these Terms; and

(b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

6.2 You agree not to use the Website, the Service or any Website Content:

(a) in any way that is unlawful and/or breaches any applicable laws, regulations, codes, guidelines or orders;

(b) to contravene or infringe upon any third party’s rights (including Intellectual Property Rights); or

(c) to send, communicate, knowingly receive, upload, download or use any material or engage in any harassing, disruptive, offensive, abusive, threatening, indecent, defamatory, obscene or menacing behaviour, or behaviour that causes annoyance, inconvenience, needless anxiety or are intended to deceive.

6.3 You agree that:

(a) you will not engage in any activity that interferes with or disrupts the Website or the servers and networks through which the Website is provided;

(b) you will not copy, reproduce, download, re-publish, sell, distribute or resell any part of the Website, the Service or Website Content;

(c) you will not copy, reproduce, download, compile or otherwise use any part of the Website, the Service or Website Content for the purposes of operating a business that competes with the Website, or otherwise commercially exploits the Website, the Service or Website Content;

(d) use of the Website, the Service or any Website Content for any purpose not expressly permitted in the Terms is prohibited;

(e) when using the Website or the Service, you, and your employees, sub-contractors, agents or affiliates, shall not install, import or transmit (and shall take reasonable measures to prevent against the installation, importation or transmission of) any Disabling Codes or similar malicious instructions, codes, techniques or devices capable of disrupting, disabling, damaging or shutting down the Website or the Service or other telecommunications or computer systems or devices;

(f) 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 of our computer systems or networks; and

(g) you are solely responsible for, and HKGBC has no responsibility to you or to any third party (including, for the avoidance of doubt, any Other Users) for any breach of your obligations under these Terms, and for the consequences of any such breach.

7. Third Party Material

7.1 You acknowledge and agree that HKGBC 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. HKGBC does not endorse, verify or otherwise certify any Third Party Material.

8. Intellectual Property Rights

8.1 You acknowledge and agree that HKGBC or its licensors, own all legal rights, titles and interest, including any Intellectual Property Rights, in and to the Website, Website Content and the Service.

8.2 You acknowledge that any Intellectual Property Rights in any Website Content shall belong to HKGBC or its licensors. You shall not modify, copy, rent, lease, loan, sell, distribute or create derivative works based on the Website Content (either in whole or in part) unless you have received HKGBC’s express authorisation in writing.

8.3 Nothing in these Terms shall give you a right to use any of HKGBC’s Intellectual Property Rights, trade names, trademarks, service marks, logos and/or domain names.

8.4 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Website or Website Content.

9. Notification of Infringement of Your Intellectual Property Rights

9.1 This Clause 9 is without prejudice to Clauses 11 and 12 of these Terms.

9.2 In the event that you believe any of your Intellectual Property Rights have been infringed on the Website by other Users or any Third Party Provider, you may notify us in writing via our contact details stated at http://reuse.hkgbc.org.hk/textdisplay.php?serial=2. To facilitate the processing of any notice received by us from you, you must include the following:

(a) a reference to this Clause 9.2 of the Terms;

(b) proof of your identity;

(c) your contact details;

(d) proof of your ownership of the Intellectual Property Rights;

(e) a copy of, and the hyperlinks to, the relevant listing on or that part of the Website that allegedly infringes your Intellectual Property Rights;

(f) a description of the alleged infringement; and

(g) you are solely responsible for, and HKGBC has no responsibility to you or to any third party (including, for the avoidance of doubt, any other Users) for any breach of your obligations under these Terms, and for the consequences of any such breach.

9.3 Upon receipt of your notice and the required information stated in Clause 9.2 above, we may (in our sole discretion) take any action we deem appropriate, which may include any of the following:

(a) remove the alleged infringing Website Content;

(b) notify the Third Party Provider responsible for the listing(s) regarding your claim of infringement of Intellectual Property Rights; or

(c) terminate or suspend the User Account of the relevant Third Party Provider in respect of any repeated claims of Intellectual Property Rights infringement claims.

9.4 You represent and warrant that any claim submitted by you to us alleging that your Intellectual Property Rights have been infringed shall be true, accurate and correct.

9.5 You shall indemnify and hold HKGBC harmless from all Losses arising out of or in relation to any Intellectual Property Rights infringement claim made by you, any amendment, deletion or removal of any Website Content (including Third Party Material) or termination or suspension of a User Account pursuant to your Intellectual Property Rights infringement claim.

9.6 Any action taken by HKGBC shall not be construed as any endorsement or rejection of any Intellectual Property Rights infringement claim. Any claims regarding Intellectual Property Rights infringement shall be resolved by the relevant parties.

10. Hyperlinks

10.1 The Website may include hyperlinks to other websites, content or resources, which are hosted, offered or provided by third parties unrelated to HKGBC. You understand and agree that:

(a) HKGBC has no control over and does not monitor such third party websites, contents, or resources;

(b) HKGBC makes no guarantee or warranty, and is not responsible for any such external sites, contents or resources (or any products, goods or services promoted, referred to or offered on such external sites, contents or resources); and

(c) HKGBC does not endorse any websites linked to the Website, or any advertising, products, goods, services or other materials on or available from such websites, contents or resources.

11. Warranties and Disclaimers

11.1 The Service and all Website Content is for your general reference only, and is not intended to amount to any advice and/or recommendation on which you should rely for any purpose whatsoever. You must obtain professional or specialist advice before taking or refraining from taking any action based on the Service or Website Content. You are responsible to ensure that your use of the Website Content, Third Party Material and/or the Service complies with your requirements and all applicable legal requirements.

11.2 You expressly understand and agree that your use of the Service, Website and Website Content:

(a) is at your sole risk and that the Service, Website and Website Content is provided “as is” and “as available”; and

(b) does not form a “contract of sale” between HKGBC and you, for the purposes of the Sale of Goods Ordinance (Cap. 26), as HKGBC is not acting as a “seller” of any goods.

11.3 Without prejudice to and notwithstanding Clause 11.2(b) above, to the fullest extent permitted by the applicable law, HKGBC, its directors, officers, employees, partners, licensors, agents, representatives and affiliates expressly disclaims any and all conditions and warranties, whether express or implied, in relation to any Listing including, but not limited to the implied conditions and warranties of quality or fitness for a particular purpose.

11.4 Without prejudice to the generality of Clause 11.3 above, HKGBC, its directors, officers, employees, partners, licensors, agents, representatives and affiliates make no representations or warranties:

(a) as to the accuracy, quality, completeness, currentness, adequacy, reliability or validity of any information or material provided on or through the Website, including, without limitation, the Website Content or the Service;

(b) that the Website, Website Content, Listing, Third Party Materials, Your Content or the Service will meet your requirements, or are free of defect, error, omission, virus, malware or anything which may change, erase, add to or damage your software, data or equipment;

(c) that your use of the Service or the Website will be uninterrupted, timely, secure or error-free; or

(d) that defects in the operation or functionality of the Website will be corrected.

11.5 Any materials, including Website Content, downloaded or otherwise obtained through the use of the Service or Website is done at your own discretion and risk and you shall be solely responsible for any damage to your computer system or other devices or loss of data or any other loss or damage that results from the downloading of any such material.

12. Limitation of Liability

12.1 Nothing in this Clause 12, or Clause 11 above, shall exclude or restrict any warranty or liability:

(a) for death or personal injury caused by HKGBC's negligence;

(b) for fraud or fraudulent misrepresentation; or

(c) that may not be lawfully excluded or limited by the applicable law.

12.2 HKGBC, its directors, officers, employees, partners, licensors, agents, representatives and affiliates 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 the Listing, the Service, the Website Content, the Website, Your User Account, Your Content or Third Party Materials, whether or not HKGBC were advised in advance of the possibility of such Losses including any Losses resulting from or in relation to:

(a) your use, access or inability to use or access the Website, Website Content, the Service, your User Account or Your Content;

(b) the availability of the Website, Website Content and/or the Service to the public at any time;

(c) any changes made by HKGBC to the Service, the Website, Website Content, your User Account, or Your Content, or for any permanent or temporary cessation in the provision of the Service, the Website, the Website Content, your User Account, or Your Content (in whole or in part);

(d) any approval or refusal by HKGBC to allow you to publish a Listing, or a decision by HKGBC to remove a Listing;

(e) any deletion of, corruption of or failure to store any content and other communications data maintained or transmitted by you through the use of the Service or Website;

(f) any Third Party Materials accessed, viewed, downloaded, used, relied on or otherwise obtained by you in relation to or via the Website, Website Content or the Service;

(g) any services, samples, information, data, or any products, goods, or items whatsoever, purchased or obtained by you or any user through the use of the Website or the Service or information obtained from the Website, Website Content, Your Content or the Service;

(h) any statements made by or the conduct of any third party on the Website; or

(i) violation of your Intellectual Property Rights by any third party.

12.3 Clause 12.2 above shall apply irrespective of whether or not HKGBC, its directors, officers, employees, partners, licensors, agents, representatives or affiliates have been advised or should have been aware of the possibility of any such losses arising.

12.4 Without prejudice to Clauses 12.1 to 12.3 above, you hereby agree that the maximum liability of HKGBC, its directors, officers, employees, partners, licensors, agents, representatives and affiliates in aggregate to you for all claims arising out of or in connection with the Service, the Website Content, the Website, the Listing, your User Account, Your Content and/or these Terms, whether arising under contract, tort, or otherwise, shall be limited to one Hong Kong dollar only.

13. Indemnity

13.1 You hereby agree to indemnify, defend and hold harmless HKGBC, its directors, officers, employees, partners, licensors, agents, representatives and affiliates from and against all Losses that may arise directly or indirectly out of or in connection with:

(a) any breach or non-compliance by you of any representation, warranty, condition or obligation in these Terms or applicable policies;

(b) your use of the Service, Website, Website Content or Third Party Material;

(c) Your Content, including:

(i) any use by HKGBC, Users or other third parties of Your Content;

(ii) any claim that Your Content violates any applicable law or infringes the rights of a third party (including a third party's Intellectual Property Rights);

(d) any violation, trespass, contravention, breach or infringement of HKGBC's or any third party’s Intellectual Property Rights, or the unauthorised use or misappropriation of any trade secret of HKGBC or any third party, caused by you, or your employees, agents or affiliates;

(e) any Third Party Materials downloaded, used or otherwise obtained by you; or

(f) any breach by you of the Hong Kong Personal Data (Privacy) Ordinance (Cap. 486) and/or any other applicable data protection laws.

13.2 You shall cooperate fully in the defence of any claim made by third parties. HKGBC reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you.

13.3 You hereby acknowledge that damages for improper use of the Service or Website may be irreparable, and HKGBC is entitled to seek equitable relief, including injunctions and preliminary injunctions, in addition to all other remedies.

14. Your Privacy and Privacy of Others

14.1 If you use the Website you agree to be bound by our Privacy Policy. If you do not agree to the Privacy Policy, you must not use or access the Website.

14.2 If you receive information (including Personal Data) about the Other User through the Website, you must only use it for the purposes for which the information was provided to you. You may not disclose or distribute Other User's Personal Data to a third party or use the Personal Data for marketing purposes unless you receive the Other User's express consent to do so.

14.3 You may not send unsolicited emails to the other User or use the Website for sending, or assisting in sending, unsolicited emails to third parties.

15. Data Security

15.1 We take responsible steps to protect all of our data from misuse and loss, and from unauthorised access, modification and disclosure. All reasonable efforts are made to ensure that any data held by us is stored in a secure and safe place and accessed only by our authorised employees or authorised third parties.

15.2 Notwithstanding the above, you should be aware that no system is impenetrable and no information provided over the Internet can be guaranteed to be completely secure. Accordingly, we cannot guarantee the security of any data stored and/or transmitted by us. In particular, transmission of any information via the Internet is not secured by encryption.

16. Confidentiality

16.1 Without limiting the provision of any clause in these Terms, you agree that HKGBC, its directors, officers, panel members, appeal board members, employees, partners, licensors, agents, representatives and affiliates are not under obligation to you whatsoever to keep any information provided by you confidential from the general public, including but not limited to any information provided in the Listing.

16.2 You may not, without the prior written consent of HKGBC, whose consent may be given or withheld at HKGBC’s sole discretion, disclose (including but not limited to publication of and disclosure either in written or oral form) any information you receive from HKGBC in respect of and/or arising out of the Services and/or the Website that is not published by HKGBC on the Website to any third party including your affiliates unless such disclosure is strictly required under law. In such case, you must give prior written notice to HKGBC before such disclosure is made.

17. No Contractual Relationship Between HKGBC and You

17.1 You acknowledge and agree that HKGBC is providing the Services and the Website on a free-of-charge basis to allow users of the Website to communicate and exchange information with each other.

17.2 You further acknowledge and agree that in no circumstances shall any contractual relationship be formed between you and HKGBC by your use of the Website and/or the Listing.

18. General

18.1 Governing Law and Jurisdiction
These Terms are governed by the laws of Hong Kong, and are subject to the exclusive jurisdiction of the courts of Hong Kong.

18.2 Notices
All legal notices or demands to or upon you shall be in writing and deemed to be effective if delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence address, fax number or email address provided by you to us, or by posting such notice or demand on an area of the Website that is publicly accessible, without a charge. You shall be deemed to have received any such notice, if and when:

(a) HKGBC are able to demonstrate that the notice has been sent to you; or

(b) Immediately upon HKGBC posting such notice on an area of the Website that is publicly accessible without charge.

18.3 Force Majeure
Without prejudice to the generality of Clauses 11 and 12 above, under no circumstances shall HKGBC, its directors, officers, panel members, appeal board members, employees, partners, licensors, agents, representatives or affiliates be liable for any delay or failure or disruption in relation to the Website, Website Content, the Service or Your Content resulting directly or indirectly from anything beyond our reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures, labour disputes, war, riots, civil disturbances, shortages of labour or materials, fires, flood, typhoons, earthquakes, explosions, act of God, actions or orders issued by governmental or regulatory authorities or any courts or tribunal with applicable jurisdiction, or non-performance of third parties.

18.4 Severability
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. Each clause and sub-clause herein shall be treated as a separate and independent provision, and the unenforceability of any one clause shall in no way impair the enforceability of any of the other clauses herein.

18.5 Entire Agreement
These Terms contain the entire agreement between you and HKGBC and replaces all previous written or oral agreements relating to its content.

18.6 Waiver
A failure or delay by HKGBC 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 HKGBC 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.

18.7 Assignment
You may not transfer any of your rights or obligations under these Terms without the written consent of HKGBC. HKGBC may transfer its rights or obligations or both to any person or entity, including any of its affiliates, without your consent.

18.8 No Partnership or Agency
Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between you or HKGBC, constitute you as the agent of HKGBC, or authorise you to make or enter into any commitments for or on behalf of HKGBC.

18.9 Language
These Terms are drafted in the English language. If these Terms are translated into any other language, the English language version shall prevail in the event of inconsistency.

PART B – Users

19. Users

19.1 If you are a User, then this Part B shall apply in addition to all other provisions in Part A of these Terms.

20. Your Content

20.1 In the event that you are allowed to list and/or publish Your Content, then you may, subject to these Terms, upload, post, submit, publish and/or display Your Content on the Website in relation to the Listing.

20.2 You agree that Your Content shall not:

(a) in any way breach any applicable laws, regulations, codes, guidelines or orders; or

(b) in any way contravene or infringe upon any third party’s rights (including Intellectual Property Rights).

20.3 You understand and agree that the posting of any infringement of any third party's Intellectual Property Rights are strictly prohibited on the Website. Without prejudice to Clause 6 above, any of Your Content that violate this Clause 20.3 shall be subject to removal or deletion by HKGBC. Any repeat violations may result in your User Account being suspended or terminated, and/or restrictions on your ability to enrol in publishing any Listing.

20.4 You represent and warrant that Your Content is true, accurate and up-to-date, to the best of your knowledge, and does not infringe any third party Intellectual Property Rights.

20.5 Without prejudice to Clauses 6, 11 and 12, you undertake and agree that upon becoming aware that any of Your Content is no longer true, accurate or up-to-date, you shall promptly notify HKGBC in writing and you shall immediately update, amend or correct Your Content, in order to make it true, accurate and up-to-date.

20.6 You agree that you are solely responsible for, and that HKGBC has no responsibility to you or to any third party for, any information or materials that you provide or submit to HKGBC or any of Your Content that you create, transmit, display, upload or publish on the Website, and for the consequences of such (including any loss or damage which you or any other party, may suffer).

20.7 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.

20.8 HKGBC shall not be responsible for any loss, destruction or alteration of or any infringement of your Intellectual Property Rights in Your Content caused by any third party.

21. Selling and/or Contribution

21.1 If you attempt to sell and/or contribute any goods, items and/or products via the Website, you warrant that such act and the relevant good, item and/or product complies with all laws and regulations including but not limited to the Sale of Goods Ordinance, the Trade Descriptions Ordinance, the Consumer Goods Safety Ordinance, and the Electrical Products (Safety) Regulations (subsidiary ordinance of the Electricity Ordinance).

21.2 Furthermore, the buyer and the seller (or the contributor and beneficiary) are responsible for exercising their own care and due diligence in communicating with each other and in relation to any transaction that they may carry out by virtue of using the Website.

21.3 WITHOUT LIMITATION TO ANY OTHER CLAUSE IN THESE TERMS, UNDER NO CIRCUMSTANCES SHALL HKGBC BE LIABLE AND/OR CONTRACTUALLY INVOLVED IN ANY TRANSACTION BETWEEN ANY USERS OF THE WEBSITE.

22. Licence to Use Your Content and Your Trademarks

22.1 You agree that by submitting or providing any of Your Content to us, or by posting, displaying, transmitting, uploading or publishing any of Your Content on the Website, you automatically grant HKGBC a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sub-licensable license to reproduce, adapt, create derivative works, modify, translate, publish, publicly display and distribute any of Your Content, and otherwise use any or all of Your Content in any form, media, or technology whatsoever, in any manner and for any purpose in relation to the Website and/or the Service.

22.2 You agree that by posting, displaying, transmitting, uploading or publishing any of your trademarks, services marks, logos or trade names on the Website and/or as part of Your Content, you automatically grant HKGBC a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sub-licensable license to reproduce, publish, publicly display and distribute your trademarks, services marks, logos or trade names on the Website, or for any purpose in relation to the Website and/or the Service.

22.3 You agree that HKGBC may disclose your identity as a Website user to third parties and it may use, in HKGBC’s advertising, publicity or otherwise, your name and/or trademark, trade name, service mark or logo and a perpetual irrevocable worldwide licence is hereby granted to HKGBC for that limited purpose.

22.4 Without prejudice to and further to Clauses 22.1 to 22.3 above, you understand and agree that HKGBC, in relation to the Website and/or Service, may: Without prejudice to and further to Clauses 22.1 to 22.3 above, you understand and agree that HKGBC, in relation to the Website and/or Service, may:

(a) transmit or distribute Your Content over various public networks and in various media; and

(b) make such changes to Your Content as are necessary to conform and adapt Your Content to the technical requirements of connecting networks, devices, services or media.

22.5 You confirm and warrant to HKGBC that you have all the rights, power and authority necessary to grant the licenses described in Clauses 22.1 to 22.4 above.

22.6 You agree that you are responsible for protecting and enforcing your own Intellectual Property Rights and that HKGBC has no obligation to do so on your behalf.