Data Studio @ Science Park | About
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ABOUT

About this site

The Data Studio, located in Hong Kong Science Park, is a new data-driven innovation center with a mission to encourage and stimulate the development of solutions to generate economic and social value from open data and big data.

The Data Studio Portal is an online platform for public, private organizations and people to interact and exchange so as to develop Smart City Solutions backed by our data APIs.  It is open to start-ups, innovation & technology companies, Universities, research institutes and any parties interested in Big Data.  We hope you will find the data useful for creating your next innovative project.

Terms of Use

We hereby give you notice that the Terms of Use in the Portal has been updated and the revised version will become effective as of 16 November 2020 (“Effective Date”). You will be deemed to have accepted the updated version if you continue to deposit, access and/or use the Data, the API(s), the Portal and/or the contents, services or functions of or in the Portal after the Effective Date.

These terms and conditions constitute a legally binding agreement (“this Agreement”) between you and Hong Kong Science and Technology Parks Corporation (“HKSTP”) regarding your use of the Portal (as hereinafter defined).  For the purpose of these terms and conditions, “HKSTP”, “we”, “our”, “us” refer to Hong Kong Science and Technology Parks Corporation and “You” or “your” means any User of the Portal. 

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

By accessing, using, viewing, transmitting, caching, storing and/or otherwise utilizing the Data, the Portal (both as defined below), and/or the contents, services or functions of or in the Portal in any way, you have confirmed that you have read through, understood and agreed to be bound by each and all of the terms and conditions set forth in this Agreement, and waive any right to claim ambiguity or error herein.

PLEASE REFER TO OUR PRIVACY POLICY for further information regarding our use of your personal information submitted for the use of the Portal. 

If you do not understand, accept or agree to the terms and conditions in this Agreement, please do not use the Data, the Portal and/or the contents, services or functions of or in the Portal.

This Agreement supersedes all prior agreements or arrangements we may have with you in relation to the Portal or the Data.

  1. Definitions
    1. “Account” means the account specified in Clause 3.1.
    2. “API” means the various APIs uploaded by Data Providers onto the Portal for use by certain approved Data Users.
    3. “Controlled Data” means those Data which require prior approval from the relevant Data Provider before any User can access and/or use.
    4. “Data” means all and any data and/or API(s) provided by Users, HKSTP and/or Data Providers, through the Portal or otherwise and includes both Open Data, Controlled Data, POC Data and General Information.
    5. “Data Providers” means the owners of any of the Data who make available the Data through the Portal to the Users and/or HKSTP and include any POC Data Provider.
    6. “General Information” means those information on the Portal other than POC Data, Open Data and Controlled Data and can be accessed by anyone without the need to have any registered Account with HKSTP.
    7. “Intellectual Property Rights” or “IPR” means patents, trade marks, service marks, trade names, design rights, copyright, domain names, database rights, rights in know-how, new inventions, designs or processes and other intellectual property rights whether now known or created in future (of whatever nature and wherever arising) and in each case whether registered or unregistered and include applications for the grant of any such rights.
    8. “POC Data” means those Data provided by POC Data Providers and are to be used for a specific Project. For the avoidance of doubt, any data derived out of a particular Project by using the POC Data shall also be deemed to be POC Data.
    9. Project” means any project which HKSTP, the relevant POC Data User and the POC Data Provider agree to conduct through the use of the relevant POC Data.
    10. “POC Data Provider” means the owners of POC Data who makes available the POC Data to the POC Data Users.
    11. “POC Data Users” means those Users who are authorized to use the POC Data.
    12. “Portal” means the online platform of data studio established by HKSTP for the sharing of Data and includes all the designated data storage inside such platform specifically for the deposit of POC Data.
    13. “Software Applications” means any computer software programmes and applications, and components and modules thereof, and any source code whatsoever developed, generated and/or derived from or with the assistance of the Data by you and/or your agents or contractors.
    14. “Software Applications Records” has the meaning specified in Clause 5.1.
    15. “Term” means the term of this Agreement specified in Clause 9.1.
    16. “Users” means any persons who have registered an Account with HKSTP to obtain access to the Data, the Portal and/or the contents, services or functions of or in the Portal and include POC Data Users.
  2. Use of the Portal
    1. We hereby grant you a personal, non-exclusive, non-sublicensable, nontransferable licence to use the Data, the Portal and/or the contents, services or functions of or in the Portal during the Term subject to the terms and conditions herein.
    2. You shall not use the Data, the Portal, and/or the contents, services or functions of or in the Portal:
      1. in any manner or for any purpose other than expressly permitted herein;
      2. in breach of any applicable laws and regulations;
      3. in any manner that could damage, disable, overburden, or impair any of our services, or networks, or interfere with any other party’s use and enjoyment of the Data, the Portal, and/or the contents, services or functions of or in the Portal.
    3. You shall not post or transmit through the Portal or any other external websites or resources linked to the Portal:
      1. any unlawful, illegal, fraudulent, defamatory, libelous, pornographic, obscene, profane, abusive, offensive, threatening or otherwise objectionable information of any kind; or
      2. any advertisements, solicitations, investment opportunities or other schemes or unsolicited commercial communication, or engage in spamming or phishing; or
      3. any information or software which contains any virus, contaminating or destructive properties or other harmful components.
    4. Except as expressly authorized by us and subject to the terms and conditions of this Agreement, you may not attempt to gain unauthorized access to the Data or the Portal, other accounts, computer systems or networks connected to any server in relation to the Portal, through hacking, password mining or any other means.
    5. Nothing herein or otherwise, including but not limited to your use of the Data, the Portal, and/or the contents, services or functions of or in the Portal shall operate to grant you, or be deemed to have granted you, any proprietary or other rights in relation to any intellectual property or proprietary or confidential information of us or other related third parties, except otherwise explicitly agreed by us in writing.
    6. No Data or materials from the Portal may be uploaded, posted, transmitted or distributed in any way. In particular, the use of any such material or information on any other website, internet, intranet, is strictly prohibited.
    7. Without prejudice to the generality of the foregoing, any use of the POC Data shall be strictly in accordance with the terms and conditions of this Agreement and any other terms which may be stipulated in the relevant agreement between the POC Data User and the POC Data Provider.
    8. You shall not temper or interfere with the Data, the Portal, equipment, computer or information systems or networks connected to any server in relation to the Portal.
  3. Accounts
    1. You shall register an account (“Account”) for accessing and using the Data (other than General Information), the Portal, and/or the contents, services or functions of or in the Portal in accordance with the rules and regulations herein and other related documents referred to herein or otherwise adopted by us. A separate account shall be required for any access and/or use of any POC Data.
    2. During registration of your Account or in certain other instances, you may be asked to provide personal and/or other information for verification of your identity or otherwise to facilitate your access to and/or use of the Data, the Portal, and/or the contents, services or functions of or in the Portal. Provision of such information are not mandatory except where they are so specified, and you understand that we may not be able to provide access of the Data, the Portal, and/or the contents, services or functions of or in the Portal to you if you refuse to provide any of such information.
    3. Your personal information are collected for the purposes stated in HKSTP’s privacy policy and may be accessed, possessed or used by us for the aforesaid purposes. You agree to update us of your personal information to keep them accurate and complete at all times. You further agree to take all reasonable steps to comply with HKSTP’s regulations and measures in verifying the accuracy and truthfulness of the information provided by you.
    4. Without prejudice to Clause 3.3, you hereby authorize us to use any personal data collected from you for any and all of the following purposes:
      1. processing your registration;
      2. managing your Account;
      3. conducting due diligence;
      4. administering, managing, operating and maintaining the Portal and related support, facilities and systems;
      5. exercising our rights under the terms of this Agreement;
      6. designing new features or functionalities to improve the Portal and related services;
      7. conducting analysis;
      8. communicating with you;
      9. investigating complaints and preventing or detecting crime; and
      10. complying with laws and/or regulations.

      You agree that we can transfer or disclose such personal data to any of the Data Providers and/or to any of our service providers, agents, advisors, for any of the purposes mentioned above, on a need-to-know basis, provided that such recipients are under a duty of confidentiality.

    5. You are solely responsible for maintaining the confidentiality and security of your Account and you agree to immediately notify us of any compromise or security breach of your Account. We shall in no event be held responsible for any losses arising out of the unauthorized use of your Account and you shall keep us fully indemnified for any unauthorized use thereof.
    6. You may not create an Account for anyone other than yourself except with HKSTP’s specific written permission. Unless otherwise permitted by HKSTP and subject to Clause 4.2(i), every individual is allowed to possess one Account only.
    7. You shall not allow or authorize any third parties to access or use the Data, the Portal and/or the contents, services or functions of or in the Portal through your Account(s) or otherwise on your behalf. In any event, you shall be solely and fully responsible for any access or use by any third parties (authorized by you or otherwise) to and of the Data, the Portal and/or the contents, services or functions of or in the Portal through your Account(s) or purportedly on your behalf. For the avoidance of doubt, any breach of this Agreement by such third parties shall be deemed to be a breach by you.
    8. Notwithstanding the foregoing, no Account is required for any access to any General Information.
  4. Licence to Access and Use the Data
    1. Use of Open Data and Controlled Data

      During the Term of this Agreement, you can only access and use any Open Data and/or Controlled Data solely for the following non-commercial purposes for ninety (90) days subject to the terms and conditions herein:

      1. research; and/or
      2. rapid experience; and/or
      3. proof of concept; and/or
      4. hackathons & events; and/or
      5. any other purposes as HKSTP may from time to time deem appropriate and notify you in writing.

      Provided that any use of Controlled Data shall be subject to the prior approval of the relevant Data Provider.

    2. Use of POC Data
      1. During the Term of this Agreement, you can only access and use any POC Data provided that you already have a separate registered Account for access of POC Data;
      2. You can only use the POC Data in accordance with the terms of this Agreement and any other terms which may be imposed by the relevant POC Data Provider and/or HKSTP from time to time;
      3. All POC Data shall only be used solely for the purpose of the Project to which you as a POC Data User have agreed with the respective POC Data Provider;
      4. No POC Data shall be removed from or transferred out from the Portal.
    3. General Use of Data

      In relation to the access and/or use of any Data, you undertake:

      1. to access, use or otherwise deal with the Data solely in accordance with the terms and conditions stipulated herein;
      2. to keep the Data strictly confidential pursuant to Clause 12;
      3. not to disclose, sell, further sub-licence and/or transfer in whatsoever manner the Data to any third parties or otherwise dealing with the same in any manner other than as permitted herein;
      4. to delete all the Data in your possession within five (5) days from the termination of this Agreement for whatever reason, or in the case of any POC Data, within five (5) days from the date of completion of the relevant Project or the termination of this Agreement, whichever is earlier;
      5. not to retain and/or store any of the Data except with the prior written consent of HKSTP. HKSTP may (subject to prior consent of Data Providers) grant (subject to any conditions as HKSTP considers appropriate) or withhold any consent at its sole and absolute discretion without the need to give any reasons. If no consent is granted by HKSTP or the Data Providers, you undertake to forthwith delete the Data pursuant to Clause 4.3(iv);
      6. to immediately and voluntarily report to HKSTP of any Software Applications that you may consider applying, or are aware of any possibility of applying by any third parties, for IPRs thereof; and
      7. not to make any applications for IPRs in respect of any Software Applications developed from any Data without the prior written consent of HKSTP, and HKSTP may grant (subject to any conditions as HKSTP considers appropriate) or withhold any consent at its sole and absolute discretion.
  5. Software Applications and Software Applications Records
    1. You shall keep full records and logs on the development of the Software Applications, including but not limited to all preliminary planning documents, flowcharts, source codes and your use of the Data and the Portal (“Software Applications Records”).
    2. You hereby grant a royalty-free, perpetual, worldwide, transferrable and sub-licensable licence to HKSTP and each of the Data Providers and their respective nominees to (for the purpose of carrying out audit pursuant to Clause 5.3) access, use, exploit, dispose or otherwise deal with all or any of the Software Applications or any parts or components thereof in any manner as each of them may consider appropriate.
    3. HKSTP is entitled to, and entitled to appoint third party auditors, experts and/or other agents to, from time to time during the Term, carry out audit, inspection and examination of and on the Software Applications Records, for purposes including but not limited to verifying Data security, Data privacy, your compliance with the requirements herein, including whether you have duly deleted the Data pursuant to Clause 4.3(iv) and/or there is any unauthorized use of and/or access to the Data.
    4. You shall assist HKSTP with the audit, inspection and examination set out in Clause 5.3 as HKSTP from time to time deems appropriate, including but not limited to producing all or any of the Software Applications Records immediately upon request of HKSTP.
  6. Right of First Refusal
    1. If you intend to sell, transfer or assign the Intellectual Property Rights (including but not limited to copyright, design and patent) in all or any of the Software Applications or any parts or components thereof to any third parties during the Term of this Agreement and within five (5) years after the expiry of this Agreement (“Right of First Refusal Period”), you undertake to grant a right of first refusal (“Right of First Refusal”) to HKSTP and each of the relevant Data Providers and their respective nominees to purchase the same on the same price, terms and conditions at or on which you intend to sell, transfer or assign the IPRs to the third parties in the manner specified in this Clause.
    2. You undertake not to during the Right of First Refusal Period transfer any rights and interests in the Software Applications to any third parties without first offering or granting such rights to HKSTP and each of the relevant Data Providers and their respective nominees pursuant to Clause 6.1.
    3. For the purpose of Clause 6.1, you undertake to immediately give written notice (“Offer Notice”) to HKSTP (for HKSTP itself, and as agent of the Data Providers and their nominees only for the purpose of receiving Offer Notice from you) of:
      1. your intention or proposals to transfer to any third parties; or
      2. any offer that you received from any third parties on the purchase of; any IPR in the Software Applications within the Right of First Refusal Period specifying the price and other terms and details of such sale or transfer. HKSTP will inform the relevant Data Providers and their nominees of the receipt of your Offer Notice accordingly.
    4. The Right of First Refusal shall be exercisable by HKSTP and/or each of the relevant Data Providers and their nominees within ninety (90) days after receipt of the Offer Notice (“Exercise Period”) by HKSTP serving written notice (“Exercise Notice”) on you.
    5. If HKSTP, each of the relevant Data Providers and their respective nominees does not exercise the Right of First Refusal by giving Exercise Notice within the Exercise Period, then you may transfer such IPR in the Software Applications to any third parties on the same price, terms and conditions as specified in the Offer Notice.
    6. You undertake not to dispose and/or sell the Software Applications or any interest or rights therein whatsoever to any third parties in relation thereto during the Right of First Refusal Period contrary to this Clause.
  7. Right of Third Parties
    1. You agree that each of the relevant Data Providers and their nominees shall have the right to directly enforce Clause 6 against you pursuant to the Contracts (Rights of Third Parties) Ordinance (Cap. 623) or otherwise.
  8. No Warranty
    1. Whilst reasonable care has been taken in preparing the Data, the Portal, and/or the contents, services or functions of or in the Portal, all of them are provided “as is” and for information purposes only, without warranty of any kind, whether express or implied, and are subject to changes without prior notice. You should make your own inquiries and verification, and consult your own attorney or other appropriate professional for advice concerning the Data, the Portal, and/or the contents, services or functions of or in the Portal before relying on any of them. In no way are we, by provision of the Data, the Portal, and/or the contents, services or functions of or in the Portal, considered as engaged in the rendering of legal or other professional advice or services to you.
    2. Without prejudice to Clause 8.1, some of the links on the Portal may lead to other internet sites or other resources. The linked sites are not under our control and we have not reviewed or investigated in any way the information of such linked sites. There is no express or implied warranty or representation on our part regarding the contents of any linked site or any other links in such linked site. We provide these links only for your convenience but at your own risk. The inclusion of any link on the Portal does not imply any endorsement, representation or warranty on the use of such links at all. You are deemed to have irrevocably waived any claim against us for any loss or damage suffered resulting from any access to or interaction with any other websites through the Portal.
    3. Access to and use of the Data, the Portal, and/or the contents, services or functions of or in the Portal are entirely at your own risk and subject to the terms and conditions herein or otherwise. We shall in no event be deemed to control, endorse, recommend, approve, guarantee or introduce any third parties or any of the contents, information, services/products they provide on or through the Data, the Portal, and/or the contents, services or functions of or in the Portal, or have any form of cooperation or relationship with such third parties.
    4. We will not take any steps to verify the Data, though we reserve our right to do so in any particular circumstances we may deem appropriate. We accept no responsibility or liability to the fullest extent permitted by law for any loss or damage of any nature whatsoever and howsoever arising out of and in connection with the inaccuracy and incompleteness of such Data and any misrepresentation thereby arise.
    5. No warranty regarding non-infringement, security, accuracy, completeness, merchantability, fitness for any purpose or freedom from computer viruses is given in connection with the Data, the Portal, and/or the contents, services or functions of or in the Portal. You agree that you will not use the Data, the Portal, and/or the contents, services or functions of or in the Portal in a manner that would constitute an infringement or violation of the rights of any third parties and that we will not in any way be responsible for any such use by you.
    6. We do not warrant that the Data, the Portal, and/or the contents, services or functions of or in the Portal will be continuously available, uninterrupted or error-free, that there will be no delays, failures, errors or omissions or loss of transmitted data or information, that defects will be corrected, or that the Portal, the information or the servers that make or serve the Portal are free of viruses or other harmful components or are accurate or complete. We do not warrant and have not made any representations regarding the use or the results of use of the Data, the Portal, and/or the contents, services or functions of or in the Portal or otherwise whatsoever. We make no representations or warranties as regards the accuracy, functionality or performance of any third party software that may be used in connection with the Data, the Portal and/or the contents, services or functions of or in the Portal.
    7. Due to the nature of the Internet, communications or transactions may be subject to interruption, transmission blackout, delayed transmission and incorrect data transmission. We will not be liable for malfunctions, interruption or unavailability in communications facilities or otherwise that are not under our control that may affect the accuracy or timeliness of communications between you (and any other users of the Portal) and us.
    8. To the fullest extent permitted by the applicable law, HKSTP and the Data Providers accept no liability for any direct, indirect, special, consequential, incidental, punitive, exemplary, reliance or other damages, lost data, lost profits, or losses or expenses of any nature whatsoever and howsoever arising out of and in connection with this Agreement, your access, viewing, use, the performance of or inability to access or use, the Data, the Portal, and/or the contents, services or functions of or in the Portal due to inaccuracy, error, omission, interruption or disruption in communications or services, unavailability of services, technical malfunction, or any other cause whatsoever even if we have been informed of the possibility of such damages, losses or expenses.
    9. Without prejudice to Clause 8.7, in the event of any loss or damages arising out of and in relation to the Data, the Portal, and/or the contents, services or functions of or in the Portal, HKSTP accepts no liability in respect of such loss or damages.
    10. You hereby waive any and all your rights to bring any claim or action and/or recover any damages from us, our respective directors, officers and agents for anything or issues whatsoever arisen out of, in connection with, in relation or incidental to this Agreement beyond three (3) years after the first occurrence of the matters, irrespectively of the kind of act, event, condition or omission of which the matters comprise or upon which the claim or action is based.
  9. Term, Suspension and Termination
    1. This Agreement shall commence from the first date you create your Account and/or access and use the Data, the Portal, and/or the contents, services or functions of or in the Portal, and shall continue thereafter indefinitely unless and until you have ceased to access and/or use the Data, the Portal, and/or the contents, services or functions of or in the Portal for more than two (2) years or it terminates earlier pursuant to Clauses 9.2 or 9.3 (whichever is earlier).
    2. If you fail, or we reasonably suspect that you have failed, to comply with any of the provisions of this Agreement or other related agreements, we may immediately or any time thereafter, at our sole and absolute discretion, and without notice to you, terminate this Agreement and your Account and/or preclude your access to the Data, the Portal, and/or the contents, services or functions of or in the Portal, without prejudice to any other rights and remedies available to us under this Agreement and any applicable law.
    3. HKSTP may at any time without cause and liability terminate this Agreement by giving not less than three (3) months’ written notice to you.
    4. Without prejudice to Clauses 9.1 to 9.3, we reserve all rights to suspend, terminate, or limit your use of the Data, the Portal, and/or the contents, services or functions of or in the Portal without prior written notice to you, if we, at our absolute discretion, consider it appropriate to do so, (including, without limitation to, due to your breach of any of the terms of this Agreement).
  10. Intellectual Property
    1. All materials and information contained in the Portal and the Data are the proprietary property of and owned by HKSTP and the Data Providers respectively. All the Data belong to the Data Providers or other third parties.
    2. You acknowledge and agree that all title, interest, ownership rights and IPRs in relation to this Agreement, the Portal and the Data of whatever nature, subsisting wherever in the world, and whether registered or unregistered, including, without limitation, all copyright, confidential information, patents, design rights, trademarks, and database rights are and shall remain the sole and exclusive property of HKSTP and the Data Providers respectively. You acquire no title, right or interest in the Data, the Portal and/or the contents, services or functions of or in the Portal other than the licenses specifically granted herein by us (if any).
    3. You may not use or frame by means of any techniques or method to disclose any of HKSTP’s intellectual property or other proprietary information (including images, text, page layout, or form for any purpose) without HKSTP’s prior written consent.
    4. HKSTP will retain all rights in and to any copy, translation, modification, enhancement, improvement, development, adaptation or derivative works of the Portal and/or the contents, services or functions of or in the Portal and any work developed under this Agreement. The Data Providers will retain all rights in and to any copy, translation, modification, enhancement, improvement, development, adaptation or derivative works of the Data except for POC Data which shall be governed by the terms of the relevant contract between the relevant POC Data User and POC Data Provider.
  11. Force Majeure Event
    1. Neither of us shall in any circumstances be liable to the other party for any delay or non-performance of our respective obligations under this Agreement to the extent that such non-performance is due to a force majeure event, including but not limited to war (whether or not declared), acts of governments, export or import prohibitions, breakdown or general unavailability of transport, general shortages of energy, fire, explosions, accidents, civil commotion, riots, labour disputes, strikes, any industrial actions, the outbreak and/or continuation of any epidemic or pandemic.
  12. Confidentiality
    1. All information, data, know-how or illustration of whatever nature and in whatever form or media in relation or incidental to the Data, the Portal, and/or the contents, services or functions of or in the Portal (“Confidential Information”) shall be held by you in strict confidence and shall, unless required by law, otherwise expressly authorized herein or with our express written consent, never be reproduced, revealed, or made accessible in whole or in part, in any manner whatsoever, to any other persons.
    2. You agree that you shall maintain the confidentiality of the Confidential Information using, at a minimum, the same degree of care as is used by you for your own confidential information and trade secrets of like importance, provided the degree of care is reasonably calculated to prevent inadvertent disclosure or unauthorized use of the Confidential Information.
    3. You agree that you will access, use or otherwise deal with the Confidential Information solely for the non-commercial purposes specified in Clause 4.1 subject to the terms and conditions herein.
  13. Use of Trademark and Logo
    1. You acknowledge that the trademarks, logos and service marks (“Marks”) displayed on the Portal are the property of HKSTP and other third parties. You are not permitted to use the name of HKSTP, or any Marks for any purposes, including, without limitation, in any advertising or publicity or use as an hyperlink, without the prior written consent of HKSTP or the relevant third party.
    2. You agree to permit HKSTP to use your name and logo in any promotional material for general marketing purposes subject to our privacy policy.
  14. Representation of Good Standing
    1. You warrant that:
      1. you are duly authorised and empowered (if applicable) to enter into this Agreement;
      2. you bind yourself to the terms of this Agreement; and
      3. you have obtained all necessary approvals, consents and authorisations (if any) to enter into and perform your obligations under this Agreement.
  15. Indemnity
    1. By accessing or using the Data, the Portal and/or the contents, services or functions of or in the Portal, you agree to indemnify and hold us, our directors, officers and agents at all times harmless with respect to any claims, liabilities, damages, (actual and consequential), losses, fines and expenses arising from or in any way related to:
      1. your access and/or use of the Data, the Portal and/or the contents, services or functions of or in the Portal;
      2. your breach to this Agreement;
      3. your violation of any rights of another person or entity including any IPRs;
      4. your breach of any laws and/or regulations.

      You must not enter into any settlement that purports to bind us or any of the Data Providers without our prior written consent.

  16. Independence of Parties
    1. You are not a partner, agent, representative or joint venture of HKSTP. You agree not to represent to any third parties that you are associated, in connection or whatsoever with HKSTP. You further agree that save as expressly provided herein, you have no authority to assume or create any obligation for or on behalf of HKSTP, express or implied, with respect to the Data, the Portal and/or the contents, services or functions of or in the Portal or otherwise.
  17. Compliance with Laws
    1. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your access to and use of the Data, the Portal and/or the contents, services or functions of or in the Portal.
  18. Severability of Terms
    1. Any provision of this Agreement which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make this Agreement enforceable, unless this would materially change the intended effect of this Agreement.
  19. No Wavier
    1. No wavier of any term, provision or condition of this Agreement by either of us, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute a waiver of any other term, provision or condition hereof, whether or not similar, nor shall any waiver constitute a continuing waiver of any such term, provision or condition hereof.
  20. Modification of Terms
    1. Any terms and conditions in this Agreement may be varied, amended or supplemented at any time by HKSTP by serving not less than thirty (30) days’ notice through the Portal or in other manner as HKSTP considers appropriate. You will be deemed to have accepted the variation, amendment and supplement if you continue to access and/or use the Data, the Portal and/or the contents, services or functions of or in the Portal after the expiry of the notice period.
  21. Survival of Terms
    1. Clauses 7 to 23 shall survive the expiration or termination of this Agreement.
  22. Interpretations
    1. In this Agreement:
      1. where the context so admits, the use of the singular includes the plural and the use of the plural includes the singular and reference to any one gender imports a reference to the masculine, feminine and neuter genders;
      2. references to a Clause are to a Clause of this Agreement except where otherwise stated;
      3. headings to Clauses are for the purpose of information and identification only and do not form part of this Agreement;
      4. references to a “person” include any individual person, partnership, firm, company, body corporate or corporation or organization;
      5. where an act is required to be done within a specified number of days after or from a specified date, the period is inclusive of and begins to run from the date so specified; and
      6. any reference to “laws and/or regulations, statutes or ordinances” includes (a) any laws, statutes, ordinances, subsidiary or subordinate legislation, rules, regulations and orders made by any governmental, statutory, public or competent authority in Hong Kong, and (b) any rules or civil and common law and equity; and (c) any rules and licensing requirements of any governmental or other competent authority, as the same may from time to time be modified or amended.
  23. Law and Jurisdiction
    1. This Agreement shall be construed and governed by the laws of Hong Kong Special Administrative Region and you agree to submit to the exclusive jurisdiction of the courts of Hong Kong Special Administrative Region for all matters in relation to or arising out of this Agreement.
Terms for Deposit

These terms and conditions constitute a legally binding agreement (“this Agreement”) between you and Hong Kong Science and Technology Parks Corporation (“HKSTP”) regarding your deposit of certain Data (as hereinafter defined) onto the Portal (as hereinafter defined).  For the purpose of these terms and conditions, “HKSTP”, “we”, “our”, “us” refer to Hong Kong Science and Technology Parks Corporation and “Data Provider” or “You” or “your” means any Data Provider of the Portal. 

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

By depositing, accessing, using, viewing, transmitting, caching, storing and/or otherwise utilizing the Data, the Portal (both as defined below), and/or the contents, services or functions of or in the Portal in any way, you have confirmed that you have read through, understood and agreed to be bound by each and all of the terms and conditions set forth in this Agreement, and waive any right to claim ambiguity or error herein.

PLEASE REFER TO OUR PRIVACY POLICY for further information regarding our use of your personal information submitted for the use of the Portal. 

If you do not understand, accept or agree to the terms and conditions in this Agreement, please do not deposit or use the Data, the Portal and/or the contents, services or functions of or in the Portal.

This Agreement supersedes all prior agreements or arrangements we may have with you in relation to the Portal or the Data.

  1. DEFINITIONS
    1. In this Agreement, unless the context otherwise requires, the following words and expressions shall have the following meanings:

      Account” means the account to be opened and maintained by you in accordance with Clause 3.1.

      API” means the various APIs uploaded by Data Provider onto the Portal to be shared with Data Users and/or HKSTP and/or HKSTP Affiliates and/or for use by certain approved Data Users.

      Controlled Data” means those Data which requires prior approval from the Data Provider before any User can access and/or use.

      Data” means any data uploaded by the Data Provider onto the Portal to be shared with Data Users and/or HKSTP and/or HKSTP Affiliates and includes Open Data, Controlled Data, POC Data and General Information.

      Data Onboarding Form” means the form stipulated by HKSTP which any Data Provider is required to complete for the purposes of uploading the Data and/or the API(s) onto the Portal.

      Data Provider” or “You” or “you” or “yours” means the owner of the Data who wants to deposit the Data and/or the API(s) onto the Portal for sharing of the Data and/or the API(s)with the Data Users and/or HKSTP and Data Provider could also be a Data User with respect to Data and/or the API(s) shared by HKSTP and/or other Data Providers.

      Data User” means a user who has a registered Account with HKSTP for the purpose of obtaining access to the Data and/or the API(s).

      General Information” means those Data which can be accessed by anyone without the need to have any registered Account with HKSTP.

      HKSTP”, “we”, or “us” means Hong Kong Science and Technology Parks Corporation and “our” have the corresponding possessive meaning accordingly.

      HKSTP Affiliates” or “our Affiliates” means HKSTP’s agents or licensors, and their respective agents, officers, affiliates and employees.

      Intellectual Property Rights” or “IPR” means patents, trade marks, service marks, trade names, design rights, copyright, domain names, database rights, rights in know-how, new inventions, designs or processes and other intellectual property rights whether now known or created in future (of whatever nature and wherever arising) and in each case whether registered or unregistered and including applications for the grant of any such rights.

      Open Data” means those Data stipulated by Data Provider in the Data Onboarding Form which may be shared with all registered Data Users of the Portal.

      POC Data” means those Data stipulated in the Data Onboarding Form which may only be shared with certain Data Users designated by Data Provider in such Form and shall only be used for the relevant Project.

      Portal” means the virtual data studio established by HKSTP for the sharing of Data and APIs and includes all the designated spaces inside such studio for the deposit of POC Data and/or the API(s).

      Project” means a particular project to be jointly engaged by the Data Provider and certain Data Users using POC Data.  Such project includes, without limitation, trial, research, testing and hackathon.

      Software Applications” means any computer software programmes and applications, and components and modules thereof, and any source code whatsoever developed, generated and/or derived from or with the assistance of POC Data under the Project;

      Software Applications Records” has the meaning under Clause 5.2.

      Term” means the term of this Agreement specified in Clause 8.1.

  2. GENERAL USE OF THE PORTAL
    1. Data Provider is authorized to deposit, use the Data, the API(s), the Portal and/or the contents, services or functions of or in the Portal during the Term subject to the terms and conditions of this Agreement.
    2. Data Provider shall not use the Data, the API(s), the Portal, and/or the contents, services or functions of or in the Portal:
      1. in any manner or for any purpose other than expressly permitted herein; and/or
      2. in breach of any applicable laws and regulations; and/or
      3. in any manner that could damage, disable, overburden, or impair any of our services, or networks, or interfere with any other party’s use and enjoyment of the Data, the API(s), the Portal, and/or the contents, services or functions of or in the Portal.
    3. Data Provider shall not post or transmit through the Portal or any other external websites or resources linked to the Portal:
      1. any unlawful, illegal, fraudulent, defamatory, libelous, pornographic, obscene, profane, abusive, offensive, threatening or otherwise objectionable information of any kind;
      2. any advertisements, solicitations, investment opportunities or other schemes or unsolicited commercial communication, or engage in spamming or phishing; or
      3. any information or software which contains any virus, contaminating or destructive properties or other harmful components.
    4. Except as expressly authorized by and subject to the terms and conditions of this Agreement, Data Provider may not attempt to deposit and/or gain unauthorized access to the Data, the API(s) or the Portal, other accounts, computer systems or networks connected to any server in relation to the Portal, through hacking, password mining or any other means.
    5. Nothing herein or otherwise, including but not limited to Data Provider’s deposit or use of the Data, the API(s), the Portal, and/or the contents, services or functions of or in the Portal shall grant, or be deemed to have granted Data Provider any proprietary or other rights in relation to any intellectual property or proprietary or confidential information of us or other related third parties except otherwise explicitly agreed by us in writing.
    6. No Data or API(s) or materials from the Portal may be uploaded, posted, transmitted or distributed in any other means except as provided in this Agreement. In particular, the use of any such Data, API(s), material or information on any other website, internet, intranet, is strictly prohibited.
    7. Data Provider shall not hack, temper or interfere with the Data, the API(s), the Portal, equipment, computer or information systems or networks connected to any server in relation to the Portal.
    8. Data Provider shall not interfere with and disrupt the Portal or any policies, requirements or regulations of networks connected to the Portal.
  3. ACCOUNTS
    1. Data Provider shall register one account (“Account”) as Data Provider for uploading any Data and/or the API(s) and a separate account as Data User for using the Data, the API(s), the Portal, and/or the contents, services or functions of or in the Portal in accordance with the rules and regulations herein and other related documents referred to herein or otherwise adopted by us.
    2. During the registration process, you may be asked to provide personal and/or other information for verification of your identity or otherwise to facilitate your deposit of, access to and/or use of the Data, the API(s), the Portal, and/or the contents, services or functions of or in the Portal. Provision of such information is not mandatory except where they are so specified, and you understand that we may not be able to deposit any Data and/or the API(s) or provide access of the Data, the API(s), the Portal, and/or the contents, services or functions of or in the Portal to you if you refuse to provide any of such information.
    3. Your personal information is collected for the purposes stated in the privacy statement of HKSTP and may be accessed, possessed or used by each of us for the aforesaid purposes. You agree to update us of your proofs of identity and other personal information to keep them accurate and complete at all times. You further agree to take all reasonable steps to comply with HKSTP’s regulations and measures in verifying the accuracy and truthfulness of the information provided by you.
    4. You are solely responsible for maintaining the confidentiality and security of your Account and you agree to immediately notify us of any compromise or security breach of your Account. We shall in no event be held responsible for any losses arising out of the unauthorized use of your Account and you shall keep us fully indemnified for any unauthorized use thereof.
    5. You may not create an Account for anyone other than yourself except with HKSTP’s specific written permission. Unless otherwise permitted by HKSTP, every individual is allowed to possess one Data Provider Account and/or one Data User Account only.
    6. You shall not allow or authorize any third parties to deposit, access or use the Data, the API(s), the Portal and/or the contents, services or functions of or in the Portal through your Account(s) or otherwise on your behalf. In any event, you shall be solely and fully responsible for any access or use by any third parties (authorized by you or otherwise) to and of the Data, the API(s), the Portal and/or the contents, services or functions of or in the Portal through your Account(s) or purportedly on your behalf. For the avoidance of doubt, any breach of this Agreement by such third parties shall be deemed to be a breach by you.
    7. For the avoidance of doubt, registration of Account is not required for any use of the General Information on the Portal.
  4. DEPOSIT OF DATA
    1. Any deposit of Data and/or the API(s) shall be conditional upon the Data Provider completing the Data Onboarding Form. Such Data Onboarding Form shall designate whether the Data to be deposited is Open Data or POC Data or Controlled Data. In the event that POC Data is involved, you are required to set out the particulars of the Data User(s) who are authorized to such POC Data and the particular Project to which such POC Data is related.
    2. Data and/or API(s) can be deposited in any one of the following ways:
      1. by Data Provider uploading the Data and/or the API(s) directly onto a space designated by HKSTP on the Portal;
      2. by Data Provider posting a link on the Portal for accessing the Data and/or the API(s) at a location outside of the Portal;
      3. by Data Provider authorizing HKSTP to upload the Data and/or the API(s) on the Portal; and/or
      4. by Data Provider providing a link for HKSTP to post it onto the Portal for accessing the Data and/or the API(s) at a location outside of the Portal.
    3. Data Provider agrees that any access and/or use of POC Data and/or the API(s) on the Portal will be governed by a separate agreement to be entered into between the Data Provider and the relevant Data User. HKSTP has no liability or responsibility whatsoever with respect to the access, use of such POC Data and/or the API(s) other than providing the designated space in the Portal for storing such POC Data and/or the API(s).
    4. You agree to delete all POC Data and/or the API(s) in your possession within five (5) days from the date of completion of the relevant Project or immediately on demand of HKSTP when this Agreement is being terminated in accordance with the terms herein contained.
    5. You agree to immediately and voluntarily report to HKSTP of any Software Applications that you may consider applying, or are aware of any possibility of applying by any third parties, for any IPRs.
    6. You agree not to make any applications for IPRs in respect of any Software Applications without the prior written consent of HKSTP, and HKSTP may grant (subject to any conditions as HKSTP considers appropriate) or withhold any consent at its sole and absolute discretion.
  5. IPRS OF SOFTWARE APPLICATIONS
    1. The IPRs in any Software Applications will be governed by the terms of the contract between you and the Data User performing the relevant Project.
    2. You shall keep full records and logs on the development of the Software Applications, including but not limited to all preliminary planning documents, flowcharts, source codes and your use of the Data and/or the API(s) and the Portal (“Deliverable Records”).
    3. You hereby grant a royalty-free, perpetual, worldwide, transferrable and sub-licensable licence to HKSTP and their respective nominees to (for the purpose of carrying out audit pursuant to Clause 5.4) access, use, exploit, dispose or otherwise deal with all or any of the Software Applications or any parts or components thereof in any manner as each of them may consider appropriate.
    4. HKSTP is entitled to, and entitled to appoint third party auditors, experts and/or other agents to, from time to time during the Term carry out audit, inspection and examination of and on the Software Applications Records, for purposes including but not limited to verifying Data security, Data privacy, your compliance with the requirements herein, including whether you have duly deleted the POC Data and/or the API(s) pursuant to Clause 4.4 and/or whether there is any unauthorized use of and/or access to the Data and/or the API(s).
    5. You shall assist HKSTP with the audit, inspection and examination set out in Clause 5.4 as HKSTP from time to time deems appropriate and requests, including but not limited to producing all or any of the Deliverable Records to HKSTP.
  6. RIGHT OF FIRST REFUSAL
    1. If you intend to sell, transfer or assign the Intellectual Property Rights (including but not limited to copyright, design and patent) in all or any of the Software Applications or any parts or components thereof to any third parties during the Term of this Agreement and within five (5) years after the expiry of this Agreement (“Right of First Refusal Period”), you undertake to grant a right of first refusal (“Right of First Refusal”) to HKSTP and its nominees to purchase the same on the same price, terms and conditions at or on which you intend to sell, transfer or assign the IPR to the third parties in the manner specified in this Clause.
    2. You undertake not to during the Right of First Refusal Period transfer any rights and interests in the Software Applications to any third parties without first offering or granting such rights to HKSTP and its nominees pursuant to Clause 6.1.
    3. For the purpose of Clause 6.1, you undertake to immediately give written notice (“Offer Notice”) to HKSTP of:
      1. any of your intention or proposal to transfer any IPR of the Software Applications to any third parties; or
      2. any offer that you received from any third parties on the purchase of any IPR in the Software Applications within the Right of First Refusal Period specifying the price and other terms and details of such sale or transfer.
    4. The Right of First Refusal shall be exercisable by HKSTP and its nominees within ninety (90) days after receipt of the Offer Notice (“Exercise Period”) by HKSTP by serving written notice (“Exercise Notice”) on you.
    5. If none of HKSTP and its nominees exercises the Right of First Refusal by giving Exercise Notice within the Exercise Period, then you may execute agreement with any third parties for the sale of the Software Applications on the same price, terms and conditions as those specified in the Offer Notice.
    6. You undertake not to dispose and/or sell the Software Applications or any interest or rights therein whatsoever to any third parties in relation thereto during the Right of First Refusal Period contrary to this Clause.
  7. UNDERTAKINGS, WARRANTIES AND REPRESENTATIONS
    1. The Data Provider hereby warrants throughout the Term that:
      1. it has obtained all the necessary authorisations and approvals in order to lawfully enter into and exercise its rights and perform its obligations under this Agreement and shall at all times comply with all applicable laws and regulations relating to the deposit and use of the Data, the API(s), the Portal and/or the contents, services or functions of or in the Portal;
      2. the Data and/or the API(s) is original and does not infringe any IPRs of any third party;
      3. you have obtained all requisite licences, consents or permits to deposit and share the Data and/or the API(s) on the Portal in accordance with the terms herein and the Data Onboarding Form;
      4. you will be responsible for managing and maintaining the quality of all Data and/or the API(s) that you deposit;
      5. you will update your Data and/or the API(s) from time to time so that it is useful and timely for the Data Users; and
      6. you agree to provide reasonable assistance, including feedback and responses to Data Users and to HKSTP whether through completion of questionnaires or otherwise.
    2. The data, materials and information contained in the Portal, the Portal, and/or the contents, services or functions of or in the Portal, are provided “as is” without warranty of any kind, either express or implied, and are subject to changes without prior notice. You should make your own inquiries and verification, and consult your own attorney or other appropriate professional for advice concerning such data, materials and/or information contained in the Portal, the Portal, and/or the contents, services or functions of or in the Portal before relying on any of them. In no way are we, by provision of such data, materials, and/or information contained in the Portal, the Portal, and/or the contents, services or functions of or in the Portal, considered as engaged in the rendering of legal or other professional advice or services to you.
    3. Deposit of, access to and use of the Data, the API(s), the Portal, and/or the contents, services or functions of or in the Portal are entirely at your own risk and subject to any terms and conditions herein or otherwise. We shall in no event be deemed to control, endorse, recommend, approve, guarantee or introduce any third parties or any of the contents, information, services/products they provide on or through the Portal, and/or the contents, services or functions of or in the Portal, or have any form of cooperation or relationship with such third parties.
    4. We will not take any steps to verify the Data and/or the API(s), though we reserve our right to do so in any particular circumstances we may deem appropriate. We accept no responsibility or liability to the fullest extent permitted by law for any loss or damage of any nature whatsoever and howsoever arising out of and in connection with the inaccuracy and incompleteness of such Data and/or API(s) and any misrepresentation thereby arise.
    5. No warranty regarding non-infringement, security, accuracy, completeness, merchantability, fitness for any purpose or freedom from computer viruses is given in connection with data, materials, information contained in the Portal, the Portal, and/or other contents, services or functions of or in the Portal. You agree that you will not deposit, any Data, API, or use the Data, the API(s), the Portal, and/or the contents, services or functions of or in the Portal in a manner that would constitute an infringement or violation of the rights of any third parties and that we will not in any way be responsible for any such use by you.
    6. We do not warrant that the Data, any API, the Portal, and/or the contents, services or functions of or in the Portal will be continuously available, uninterrupted or error-free, that there will be no delays, failures, errors or omissions or loss of transmitted data or information, that defects will be corrected, or that the Portal, the information or the servers that make or serve the Portal are free of viruses or other harmful components or are accurate or complete. We do not warrant and have not made any representations regarding the use or the results of use of the Data, the API(s), the Portal, and/or the contents, services or functions of or in the Portal or otherwise whatsoever. We make no representations or warranties as regards the accuracy, functionality or performance of any third party software that may be used in connection with the Data, the API(s), the Portal and/or the contents, services or functions of or in the Portal.
    7. For the avoidance of doubt, HKSTP accepts no liability whatsoever towards you arising from or in connection with any use or the results of use of any POC Data and/or the API(s). Any use of the POC Data and/or the API(s) shall be governed by your contract with the relevant POC Data User.
    8. Due to the nature of the Internet, communications or transactions may be subject to interruption, transmission blackout, delayed transmission and incorrect data transmission. We will not be liable for malfunctions, interruption or unavailability in communications facilities or otherwise that are not under our control that may affect the accuracy or timeliness of communications between you (and any other Data Users of the Portal) and us.
    9. To the fullest extent permitted by the applicable law, HKSTP accepts no liability for any direct, indirect, special, consequential, incidental, punitive, exemplary, reliance or other damages, losses or expenses of any nature whatsoever and howsoever arising out of and in connection with this Agreement, your deposit, access, viewing, use, the performance of or inability to access or use, the Data, the API(s), the Portal, and/or the contents, services or functions of or in the Portal due to inaccuracy, error, omission, interruption or disruption in communications or services, unavailability of services, technical malfunction, lost data and lost profits or any other cause whatsoever.
    10. Without prejudice to Clause 7.8 and Clause 7.9, in the event of any loss or damages arising out of and in relation to the Data, the API(s), the Portal, and/or the contents, services or functions of or in the Portal, HKSTP accept no liability in respect of such loss or damages.
    11. You hereby waive any and all your rights to bring any claim or action and/or recover any damages from us, our respective directors, officers and agents for anything or issues whatsoever arisen out of, in connection with, in relation or incidental to this Agreement beyond three (3) years after the first occurrence of the matters, irrespective of the kind of act, event, condition or omission of which the matters comprise or upon which the claim or action is based.
  8. TERM AND TERMINATION
    1. This Agreement shall commence from the first date you create your Account and deposit of, access or use the Data, the API(s), the Portal, and/or the contents, services or functions of or in the Portal, and shall continue thereafter indefinitely unless and until (i) you have ceased to access and/or deposit and/or use the Data, the API(s), the Portal, and/or the contents, services or functions of or in the Portal for more than two (2) years or (ii) when this Agreement terminates earlier pursuant to Clauses 8.2 or 8.3 (whichever is earlier).
    2. If you fail, or we reasonably suspect that you have failed, to comply with any of the provisions of this Agreement or other related agreements, we may immediately or any time thereafter, at our sole and absolute discretion, and without notice to you, terminate this Agreement and your Account and/or preclude your deposit of , access to the Data, the API(s), the Portal, and/or the contents, services or functions of or in the Portal, without prejudice to any other rights and remedies available to us under this Agreement and any applicable law.
    3. HKSTP may at any time without cause and liability terminate this Agreement by giving not less than three (3) months’ written notice to you.
    4. Upon termination for whatever reason, Data Provider shall remove or destroy any or all Data, the API(s) on the Portal, failing which HKSTP has a right to do so without any liability whatsoever towards the Data Provider. If HKSTP requests, Data Provider shall provide evidence of such removal or destruction.
  9. INTELLECTUAL PROPERTY
    1. You acknowledge and agree that all title, interest, ownership rights and Intellectual Property Rights in relation to this Agreement, the Portal and all data, materials and information contained in the Portal shall remain the sole and exclusive property of HKSTP and third parties respectively. You acquire no title, right or interest in such data, materials, information contained in the Portal, the Portal and/or the contents, services or functions of or in the Portal other than the licenses specifically granted herein by us (if any).
    2. You may not use or frame by means of any techniques or method to disclose any of HKSTP’s intellectual property or other proprietary information (including images, text, page layout, or form for any purpose) without HKSTP’s prior written consent.
    3. HKSTP will retain all rights in and to any copy, translation, modification, enhancement, improvement, development, adaptation or derivative works of the Portal and/or the contents, services or functions of or in the Portal [and any work developed under this Agreement provided that the Data Providers will retain all rights in and to any copy, translation, modification, enhancement, improvement, development, adaptation or derivative works of the Data and/or the API(s).
  10. FORCE MAJEURE EVENT
    1. Neither party shall in any circumstances be liable to the other party for any delay or non-performance of our respective obligations under this Agreement to the extent that such non-performance is due to a force majeure event, including but not limited to war (whether or not declared), acts of governments, export or import prohibitions, breakdown or general unavailability of transport, general shortages of energy, fire, explosions, accidents, civil commotion, riots, labour disputes, strikes and any industrial actions, outbreak of epidemic or pandemic.
  11. CONFIDENTIALITY
    1. All information, data, know-how or illustration of whatever nature and in whatever form or media in relation or incidental to the Data, the API(s), the Portal, and/or the contents, services or functions of or in the Portal (“Confidential Information”) shall be held by you in strict confidence and shall not be reproduced, revealed, or made accessible in whole or in part, in any manner whatsoever, to any other persons unless required by law, or otherwise expressly authorized herein or with our express written consent.
    2. You agree that you shall maintain the confidentiality of the Confidential Information using, at a minimum, the same degree of care as is used by you for your own confidential information and trade secrets of like importance, provided the degree of care is reasonably calculated to prevent inadvertent disclosure or unauthorized use of the Confidential Information.
    3. You agree that you will access, use or otherwise deal with the Confidential Information solely for the purposes to which the Data are to be used and shall be subject to any terms and conditions as may be stipulated by HKSTP from time to time.
  12. USE OF TRADEMARK AND LOGO
    1. Except with the prior written consent of HKSTP, you shall not use any of HKSTP’s trademarks, logos and/or company names for any purposes including but not limited to marketing and publicity campaign.
  13. INDEMNITY
    1. By depositing Data, the API(s), or accessing or using the Data, the API(s), the Portal and/or the contents, services or functions of or in the Portal, you agree to indemnify and hold us, our directors, officers and agents at all time harmless with respect to any claims arising out of your deposit of any Data, any API or your access and/or use of the Data, the API(s), the Portal and/or the contents, services or functions of or in the Portal and/or your breach to this Agreement.
  14. INDEPENDENCE OF PARTIES
    1. Nothing in this Agreement shall constitute or be deemed to constitute a partnership between any of the parties to this Agreement or confer on any of them any authority to bind the other party to this Agreement or to contract in the name of that other party or incur any liability or obligation on behalf of that other party.
  15. SEVERABILITY OF TERMS
    1. Any provision of this Agreement which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make this Agreement enforceable, unless this would materially change the intended effect of this Agreement.
  16. NO WAVIER
    1. No wavier of any term, provision or condition of this Agreement by either of us, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute a waiver of any other term, provision or condition hereof, whether or not similar, nor shall any waiver constitute a continuing waiver of any such term, provision or condition hereof.
  17. LANGUAGE VERSIONS
    1. In case of discrepancies between the English and Chinese versions of the Portal, the English version shall apply and prevail.
  18. MODIFIACTION OF TERMS
    1. Any terms and conditions in this Agreement may be varied, amended or supplemented at any time by HKSTP by serving not less than thirty (30) days’ notice through the Portal or in other manner as HKSTP considers appropriate. You will be deemed to have accepted the variation, amendment and supplement if you continue to deposit, access and/or use the Data, the API(s), the Portal and/or the contents, services or functions of or in the Portal after the expiry of the notice period.
  19. INTERPRETATIONS
    1. In this Agreement:
      1. where the context so admits, the use of the singular includes the plural and the use of the plural includes the singular and reference to any one gender imports a reference to the masculine, feminine and neuter genders;
      2. references to a Clause are to a Clause of this Agreement except where otherwise stated;
      3. headings to Clauses are for the purpose of information and identification only and do not form part of this Agreement;
      4. references to a “person” include any individual person, partnership, firm, company, body corporate or corporation or organization; and
      5. Where an act is required to be done within a specified number of days after or from a specified date, the period is inclusive of and begins to run from the date so specified.
  20. LAW AND JURISDICTION
    1. This Agreement shall be construed and governed by the laws of Hong Kong Special Administrative Region and you agree to submit to the exclusive jurisdiction of the courts of Hong Kong Special Administrative Region for all matters in relation to this Agreement.
Privacy Policy

Privacy Policy Statement

It is the policy of Hong Kong Science and Technology Parks Corporation (HKSTP) to safeguard all information provided by customers (our customers and website users). We do not collect any personally identifying information (“Personal Data”) from customers during their browsing of our websites; and if Personal Data is collected in the process of making enquires or submitting applications for services provided by the Corporation, customers will be informed via the respective Information Collection Statements of our websites of such purposes and uses, including the extent of their transfer and disclosure; and the right of access to and correction of the collected Personal Data. ‘Cookie’ files that have been set up in some websites are meant only to facilitate customer access during their next visit to the same website.

Once we have obtained customer’s Personal Data, they will be maintained securely on our system. Only the authorised staff, who have been properly trained, will be permitted to access such Personal Data, and we shall not release such Personal Data to any external parties without customer’s agreement. We may however from time to time send direct marketing materials promoting our Corporation’s products and services to customers based on their Personal Data; but shall stop doing so when being advised in writing or by e-mail that they do not wish to receive further materials from us. Suitable opt-out facilities will be provided during the direct marketing process.

We shall make our best endeavours to ensure that the privacy of customers is properly protected. Should customers have any queries about our privacy policy and practice, please e-mail our Data Protection Officer at  dpo@hkstp.org.

Personal Information Collection Statement

The information collected from you will be used for the purpose of processing your enquiry or services applications. Your information will not be disclosed by us to any other party in a form that would identify you. You have the right to request access to and correction of information about you held by us. In case you wish to access or correct your personal data held by us, please email dpo@hkstp.org.

For details, please refer to our Personal Information Collection Statement


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