Data Studio @ Science Park

Data Studio @ Science Park | About

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All things about the Data Portal

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

These terms and conditions constitute a binding legal agreement (“this Agreement”) among you, Hong Kong Science and Technology Parks Corporation (“HKSTP”) and Radica Systems Ltd (“Radica”) (collectively, “we” or “us”) (each a “Party” and collectively the “Parties”). This Agreement supersede all prior agreements or arrangements each of us may have with you in relation to the Portal or the Data (both as defined below). By accessing, using, viewing, transmitting, caching, storing and/or otherwise utilizing the Data, the Portal, 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.

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.

Definitions
1. “Account” means the account specified in Clause 3.1;
2. “Data” means all and any data provided by either of us to you through the Portal or otherwise;
3. “Data Providers” means the owners of any of the Data or any third parties who make available the Data to either of us;
4. “Premises” means Unit 109-110, 1/F, Enterprise Place, Hong Kong Science Park, No. 5 Science Park West Avenue, Shatin, New Territories, Hong Kong, or any other premises from time to time adopted by us for the purpose of providing you access to the Data, the Portal and/or the contents, services or functions of or in the Portal;
5. “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;
6. “Software Applications Records” has the meaning specified in Clause 5.1; and
7. “Term” means the term of this Agreement specified in Clause 9.1.
Use of the Portal
1. The Portal may make available the Data and/or information that are managed and/or provided by Data Providers, and/or either of us.
2. You are authorized 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.
3. You shall not use the Data, the Portal, and/or the contents, services or functions of or in the Portal in any manner or for any purpose other than expressly permitted herein.
4. You may not use the Data, the Portal, and/or the contents, services or functions of or in the Portal 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.
5. Except as expressly authorized by 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.
6. 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 grant, 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.
7. No Data or materials from the Portal may be copied, reproduced, uploaded, posted, transmitted or distributed in any way. In particular, the use or reproduction of any such material or information on any other website, internet, intranet, or computer environment is strictly prohibited.
8. For the sole purpose of accessing and using the Data, the Portal, and/or the contents, services or functions of or in the Portal, you may be granted a limited, non-sub-licensable, non-transferrable licence to enter the Premises. In relation and incidental to your entry into the Premises, you agree and undertake the followings:
  1. To strictly observe and comply with any house rules as may from time to time be prescribed by HKSTP, and the instructions and directions of the manager or other persons authorized by HKSTP or Radica, for the operation, management and maintenance of the Premises;
  2. Not to make any alterations or additions to the Premises or to install any equipment, apparatus, machinery, items or objects in the Premises or to damage or injure any doors, windows, walls, floors, ceilings or other part of the Premises;
  3. Not to temper or interfere with the Data, the Portal, equipment, computer or information systems or networks connected to any server in relation to the Portal;
  4. Not to cause any nuisance, damage, disturbance, annoyance, inconvenience or interference to the other users or occupiers of the Premises or adjoining or neighbouring property;
  5. To keep the Premises clean and tidy;
  6. To indemnify and keep each of HKSTP and Radica indemnified from all actions, claims, losses, liability, proceedings, damages, costs, expenses, loss of profits, business interruption and other pecuniary or consequential loss (including legal costs and expense) suffered or incurred by HKSTP and/or Radica and arising directly or indirectly from your breach of the terms in this Clause.
9. You shall not interfere with and disrupt the Portal or any policies, requirements or regulations of networks connected to the Portal.
Accounts
1. You shall register an account (“Account”) for accessing and using the Data, 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 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 the respective privacy statements of HKSTP and Radica 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 Account only.
6. 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.
Licence to Access and Use the Data
1. During the Term of this Agreement, you are granted a limited, non-sub-licensable, non-transferrable licence to access and use the Data solely for the following non-commercial purposes subject to the terms and conditions herein:
  1. Research; and/or
  2. Rapid experience; and/or;
  3. Proof of concept; and/or
  4. Any other purposes as HKSTP may from time to time deem appropriate and notify you in writing.
2. In relation to the access and/or use of the Data, you undertake:-
  1. To access, use or otherwise deal with the Data solely for the non-commercial purposes specified above subject to the terms and conditions 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 [eighty (80)] days from the date of first receipt of the Data or immediately on demand of HKSTP; and in case if the Data are provided to you by batches, to delete each batch of the Data in your possession within [eighty (80)] days from the date of first receipt of such batch of Data or immediately on demand of HKSTP;
  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 4.2(d);
  6. To immediately and voluntarily report to HKSTP of any Software Applications that you may consider applying, or be aware of possibility of applying by any third parties, for intellectual property rights thereof; and
  7. Not to make any applications for intellectual property rights 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.
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 4.2(d) 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 and requests, including but not limited to producing all or any of the Software Applications Records immediately upon request of HKSTP.
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 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 intellectual property rights 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 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. any of 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 intellectual rights 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 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 Data Providers and their nominees within [eighty (80)] days after receipt of the Offer Notice (“Exercise Period”) by HKSTP by serving written notice (“Exercise Notice”) on you.
5. If none of HKSTP, each of the Data Providers and their respective nominees exercise 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 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.
Right of Third Parties
1. You agree that each of the 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.
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, 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 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. 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 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 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. To the fullest extent permitted by the applicable law, we accept 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 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, lost data and lost profits or any other cause whatsoever.
8. 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, the respective total liability of each of HKSTP and Radica in respect of such loss or damages to you shall not exceed HKD 3,000,000 per incident, and the aggregate liability of each of HKSTP and Radica to you is capped at HKD 3,000,000 respectively for any 12 month period, regardless of the form and theoretical basis of legal claim or action.
9. 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 against either of us beyond [three (3)] years after the first occurrence of the matters, irrespectively of kind of act, event, condition or omission of which the matters comprise or upon which the claim or action is based.
Term 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 suspects 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 terminate this Agreement by giving not less than [three (3)] months’ written notice (on behalf of HKSTP and Radica) to you.
Intellectual Property
1. All materials and information contained in the Portal and the Data are the proprietary property of and owned by HKSTP and Radica (if applicable) and the Data Providers respectively. The Data belong to the Data Providers or other third parties.
2. You acknowledge and agree that all title, interest, ownership rights and intellectual property rights 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 Radica (if applicable) 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 and Radica (if applicable) 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.
Force Majeure Event
1. Neither of us shall in any circumstances be liable to you 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.
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.
Use of Trademark and Logo
1. Except with the prior written consent of HKSTP or Radica respectively, you shall not use any of HKSTP’s or Radica’s trademarks, logos and/or company names for any purposes including but not limited to marketing and publicity campaign.
Representation of Good Standing
1. You warrant to each of us 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.
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 time harmless with respect to any claims arising out of your access and/or use of the Data, the Portal and/or the contents, services or functions of or in the Portal and your breach to this Agreement.
Independence of Parties
1. You are not a partner, agent, representative or joint venture of either of us. You agree not to represent to any third parties that you are associated, in connection or whatsoever with either of us. You further agree that save as expressly provided herein, you have no authority to assume or create any obligation for or on behalf of either of us, express or implied, with respect to the Data, the Portal and/or the contents, services or functions of or in the Portal or otherwise.
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.
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.
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.
Language Versions
1. In case of discrepancies between the English and Chinese versions of the Portal, the English version shall apply and prevail.
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.
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; and
  4. references to a “person” include any individual person, partnership, firm, company, body corporate or corporation or organisation.
  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.
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 and the Data, the Portal and/or the contents, services or functions of or in the Portal.

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