Terms and Conditions
TERMS AND CONDITIONS
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE [ www.mcs100th.com] operated by the Centenary Celebration Steering Committee of the MCS Trust.
These terms and conditions and any policies to which a link is provided in them (collectively, “Terms”) set out the terms of use that apply to this website and any mobile applications owned by and/or operated by or on behalf of Maryknoll Convent School Educational Trust (the “MCS Trust”) (including the Centenary Celebration Steering Committee (MCS) of the MCS Trust) or any of its affiliates (“Platforms”). Maryknoll Convent School Foundation Limited, MCS Trust, Maryknoll Convent School (Secondary Section), Maryknoll Convent School (Primary Section) or any of its affiliates are referred to in these Terms as “MCS/we/us”.
By using this site, accessing or using these Platforms on any computer, mobile phone, tablet, console or other device (collectively, “Device”), you certify that you have read, understood and agree to comply with these Terms. If you do not want to be bound by these Terms, you are advised to stop using the website and the Platforms accordingly. We may change these Terms at any time without notice, effective upon its posting to the Platforms. Your continued use of the Platforms shall be considered your acceptance to the revised Terms.
A. Use of Platforms
1. Intellectual Property
You agree that we are the owner or the licensee of all intellectual property rights in the Platforms and the materials published on the Platforms. Those works and materials are protected by copyrights, trademarks, patents and other intellectual property laws and treaties around the world. All content including, but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content on the Platforms (“Content”), is a collective work protected under the copyright laws of Hong Kong and other applicable copyright laws and treaties around the world and is the proprietary property of MCS. All such rights are reserved. Maryknoll Convent School Foundation Limited is the owner of all the registered MCS trademarks on the Platforms. You are not permitted to use any of them without approval. You agree that you will not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify MCS trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Platforms, without our prior written consent. The use of MCS trademarks on any other website or network computer environment, for example the storage or reproduction of (a part of) the Platforms in any external Internet site or the creation of links, hypertext or deeplinks between the Platforms and any other Internet site, is prohibited without the express written consent of MCS.
You must not use any part of the Content on the Platforms for commercial or business purposes without obtaining a license to do so from us or our licensors. You agree not to change or delete any ownership notices from materials downloaded or printed from the Platforms. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, post, transmit or sell any intellectual property of MCS or Content appearing on the Platforms, without prior written consent of MCS. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms shall be interpreted as granting any license of intellectual property rights to you.
When you upload, post or publish content to the Platforms, you grant MCS a worldwide, royalty-free, perpetual and non-exclusive license to display, distribute, use, reproduce, transmit, broadcast and prepare derivative works of that content.
2. Platforms Use Restrictions
You may not upload do or share anything (a) that violates these Terms, (b) is unlawful, misleading, discriminatory or fraudulent, (c) that you do not own or have the necessary rights to share or (d) that infringes or violates someone else’s rights, including their intellectual property rights.
You may not (a) upload viruses or malicious code, use the services to spam, or do anything else that could disable, overburden or interfere with the operation of the Platforms; or (b) access or collect data from the Platforms using automated means (without prior written consent of MCS) or attempt to access data you do not have permission to access.
B. General
1. Links
The Platforms may contain links that lead to other websites, applications or other products or services operated by other companies (“Third Party Platforms”). If you click on these links, we are not held responsible for your data and privacy protection. We do not endorse, monitor or have any control over these Third Party Platforms, which have separate terms of use and privacy policies. We are not responsible for the content or policies of any Third Party Platforms and you agree to access such Third Party Platforms at your own risk.
2. Indemnification
You agree to indemnify, defend, and hold harmless us and our affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including but not limited to attorneys' fees arising from or in any way relating to the use of, or in connection with, the Platforms, or with other Platforms users, or any violation of these Terms, any law or rights of any third party.
3. Privacy
Our MCS Digital Privacy Policy is incorporated into these Terms and you agree to our collection and use of information on these Platforms as it described.
4. Warranty Disclaimer
• TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS SECTION DOES NOT AFFECT YOUR STATUTORY CONSUMER RIGHTS AND, IN RESPECT OF THE PRODUCTS, DOES NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY FOR BREACH OF THE STATUTORY RIGHTS SET OUT UNDER THE SALE OF GOODS ORDINANCE (CAP 26) RELATING TO GOOD TITLE, NO ENCUMBRANCE AND QUIET POSSESSION, CORRESPONDENCE WITH DESCRIPTION, MERCHANTABLE QUALITY, FITNESS FOR PURPOSE AND CORRESPONDENCE WITH SAMPLE.
• WE PROVIDE NO ASSURANCE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE PLATFORMS.
• WE DO NOT REPRESENT OR WARRANT THAT THE PLATFORMS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THESE PLATFORMS OR THE SERVER THAT MAKES THE PLATFORMS AVAILABLE ARE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL.
• TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS OR CONTENT IN THE PLATFORMS IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE.
• YOU AGREE THAT YOU DOWNLOAD OR IN WHATEVER WAY OBTAIN THE CONTENT AT YOUR OWN RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA OR HARM OF ANY KIND TO YOUR MOBILE DEVICE, COMPUTER SYSTEM OR ANY OTHER DEVICE IN WHICH YOU ACCESS THE PLATFORM.
• WE RESERVE THE RIGHT TO CHANGE ANY AND ALL CONTENT AND OTHER ITEMS USED OR CONTAINED IN THE PLATFORMS AT ANY TIME WITHOUT NOTICE."
5. Limitation of Liability
WE SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THESE PLATFORMS OR THE PERFORMANCE OF THE PRODUCTS OR THE CONDUCT OF OTHER PLATFORMS USERS (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT A MCS EVENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORMS. YOUR ONLY REMEDY AGAINST MCS FOR USE OF THE PLATFORMS OR ANY CONTENT IS TO STOP USING THE PLATFORMS.
C. Dispute Resolution and Termination
1. Dispute Resolution
These Terms, all transactions relating to the Platforms and/or any dispute of any sort that might come between MCS and you are governed by Hong Kong law and both we and you hereby submit to the exclusive jurisdiction of the Hong Kong courts.
2. Miscellaneous
2.1 By using the Platforms, you agree to receive certain electronic communications from us. You agree that any notice, agreement, disclosure or other communication that we send you electronically satisfies any legal communication requirements, even if such communications have to be in writing.
2.2 Our failure to insist upon or enforce strict performance of any of these Terms shall not be considered a waiver of any provision or right. Neither the course of conduct between us nor trade practice shall modify any of these Terms. We may assign our rights and duties under these Terms to any party at any time without notice to you.
3. Severability
If any provision in these Terms is held invalid, the remainder of these Terms shall continue to be enforceable. If any provision in these Terms is held unlawful, void or unenforceable, then that provision shall be severable from these Terms and the remaining provisions are still valid and enforceable."
Personal Information Collection Statement
1. Personal Data Privacy
This Personal Information Collection Statement (""PICS"") is made in accordance with the guidelines issued by the Privacy Commissioner for Personal Data. The PICS sets out the purposes for which your Personal Data will be used following collection, what you are agreeing to with respect to the use of your Personal Data by Maryknoll Convent School Educational Trust - Centenary Celebration Steering Committee (""Us"" or ""We"") and your rights under the Personal Data (Privacy) Ordinance (Cap. 486). This PICS may from time to time be revised, or otherwise changed as and when deemed necessary. If there is any inconsistency between the English and Chinese version of this PICS, the English version shall prevail.
2. Purpose of Collection of Personal Data
We may collect personal data from you during the course of providing services and organising events described in this website. The purposes of collection include, but are not limited to, providing you with services described in this website and sharing such information within the MCS community and with the public. You must ensure that all personal data provided to the Us are accurate, complete and up-to-date. If the personal data provided are inaccurate or incomplete, we may not be able to proceed with the purpose for which such data were requested.
3. Disclosure and Security of Personal Data
We will take all practicable steps to keep your personal data confidential but we may transfer your personal data to MCS (including but not limited to Maryknoll Convent School Educational Trust – Centenary Celebration Steering Committee) or other organizations relevant to the provision of services in relation to the events described in this website. We may also transfer such data to any person to whom we are under obligation to make disclosure under the requirements of any law binding on it. We may include awards, image, work, and / or name in photos / videos taken during various events in our publications or on our website and social media platforms. Except as mentioned in the above paragraph, your personal data will be accessible only to designated personnel who are authorized to handle the personal data. Any persons designated to handle the personal data will be instructed to do so only in accordance with this PICS.
4. Access to and Correction of Personal Data
You have a right under the Personal Data (Privacy) Ordinance to make a data access or correction request concerning your personal data in relation to your study. You may make such request by completing the ‘Data Access Request Form’ (OPS003) (www.pcpd.org.hk/english/resources_centre/publications/forms/files/Dforme.pdf) and sending the completed form directly to us at mcs100th@gmail.com. We have the right to charge a reasonable fee for processing any data access request.