Effective: July 2020
Date of last change: 24 July 2020

TERMS OF USE

These Terms of Service (“Terms”) are a contract between you, the Jockey Club Charities Trust (“JCCT”) and Social Career Limited (“Social Career”, and together with JCCT, “we”, “our”, or “us”). They govern your use of the Jockey Club Community Channel website (the “JCCC Site”), services, and resources (“Services”).

By using the JCCC Site, you agree to these Terms.  If you are using the JCCC Site as a representative of an entity, such as a NGO, you are agreeing to these terms on behalf of that entity.  In this case, references to “you” shall include the entity that you are representing.

If you don’t agree to any of the Terms, you cannot continue to use the JCCC Site.

Please refer to each of JCCT and Social Career’s privacy policies (together, the “Privacy Policy”), which are available at the links below, for information about what personal data we collect and what we do with it. It is important that you read our privacy policy, which may be updated from time to time, and understand how we use your information and the rights that you have about your information.

http://www.hkjc.com/home/english/corporate/corp_privacy_hkjcct.aspx
https://socialcareer.org/privacy-en.html

Change of Terms

These Terms may be updated periodically and without prior notice to you to reflect changes in our practise or relevant laws.  We will indicate at the top of the Terms when they were last updated. By using the JCCC Site on or after that effective date of any change to the Terms, you are deemed to have agreed to the new Terms.

Availability of the Services

We try our best to ensure that the JCCC Site is always available, but we do not guarantee that the operation of or access to the JCCC Site will be uninterrupted or continuous. The JCCC Site may be interrupted for maintenance, repairs, upgrades, network or equipment failures.

Resource Ownership

The resources contained on the JCCC Site have been developed by Social Career in collaboration with its NGO partners. The JCCC Site provides two types of resources: (1) grouped resources; and (2) articles.
Grouped resources are resources provided to us by our NGO partners that we have been given a non-exclusive license to publish on the JCCC Site.  Articles are those written by our Social Career staff members based on resources provided by and with the support of our NGOs partners.
The NGOs referenced in the relevant resource own the rights to the resource contained on the JCCC Site.      

Our Resources and Services

We reserve all rights in the JCCC Site’s look and feel. Some parts of the JCCC Site are licensed under third-party open source licenses. We also make some of our own code available under open source licenses. As for other parts of the JCCC Site, you may not copy or adapt any portion of our code or visual design elements (including logos) without express written permission from us unless otherwise permitted by law.

You may not do, or try to do, the following: (a) access or tamper with non-public areas of the Services, our computer systems, or the systems of our technical providers; (b) access or search the Services by any means other than the currently available, published interfaces (e.g., APIs) that we provide; (c) forge any TCP/IP packet header or any part of the header information in any email or resource, or in any way use the Services to send altered, deceptive, or false source-identifying information; or (d) interfere with, or disrupt, the access of any user, host, or network, including sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of resources in such a manner as to interfere with or create an undue burden on the Services.

We may change, terminate, or restrict access to any aspect of the Services, at any time, without notice.

Acceptable Use

You agree not to misuse the JCCC Site or help anyone else to do so. For example, you agree not to do any of the following in connection with the JCCC Site:

(a) use the JCCC Site for unlawful or unauthorised purposes;
(b) re-sell or attempt to benefit in a commercial fashion from any data or resources available on the JCCC Site;
(c) probe, scan, or test the vulnerability of any system or network;
(d) breach or otherwise circumvent any security or authentication measures or service use limits;
(e) access, tamper with, or use non-public areas or parts of the JCCC Site;
(f) interfere with or disrupt any user, host, or network, for example by sending a virus, trojan, worm, logic bomb, or any other material that is malicious or technologically harmful, overloading, flooding, spamming, or mail-bombing any part of the JCCC Site;
(g) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the JCCC Site or any related technology that is not open source;
(i) send unsolicited communications, promotions or advertisements, or spam;
(j) forge any TCP/IP packet header or any part of the header information;
(k) send altered, deceptive, or false source-identifying information, including "spoofing" or "phishing";
(m) abuse referrals or promotions;
(o) violate the letter or spirit of our terms of use;
(p) violate applicable laws or regulations in any way; or
(q) violate the privacy or infringe the rights of others.

Limitation of Liability

To the fullest extent permitted by law, we (including our holding company(ies), subsidiaries, affiliates, directors, officers, employees, agents, representatives, partners and licensors (collectively, “Our Entities”)) expressly limit our liabilities in connection with or arising out of the provision of the JCCC Site as follows:

(a) we provide the JCCC Site and any Services we offer on an “as is” and “as available” basis, and your access to or use of our JCCC Site is at your own risk;
(b) we give no assurance, representation or warranty of any kind (whether express or implied) about the JCCC Site and any Services we provide;
(c) we do not guarantee that the resources you find on the JCCC Site are always accurate, truthful, complete and up-to-date;
(d) we expressly disclaim all warranties and representations (for example, warranties of merchantability, fitness for a particular purpose, and non-infringement); and
(e) we are not responsible for any delay or disruption in the JCCC Site or any defect, viruses, bugs or errors.

To the fullest extent permitted by law, Our Entities are not liable to you or others for:

(a) any indirect, incidental, special, exemplary, consequential or punitive damages; or
(b) any loss of data, business, opportunities, reputation, profits or revenues,
(c) relating to the use of the JCCC Site or any Services.

We do not exclude or limit our liability to you where it would be illegal to do so. This includes any of our liability for fraud or making fraudulent misrepresentation in operating the JCCC Site or providing the Services.

Indemnity

You agree to indemnify and hold Our Entities harmless from and against all liabilities, damages, claims, costs (including legal fees and costs), and expenses in connection with or arising from: (a) your breach of these Terms; and/or (b) your use of the JCCC Site.

You also agree to fully co-operate with us in the defence or settlement of any claim in relation to or arising out of the JCCC Site or these Terms.

Third-Party Embeds

Some of the resources that you see displayed on the JCCC Site are not hosted by us. These “embeds” are hosted by a third-party and embedded in a JCCC Site page, so that it appears to be part of that page. For example: YouTube or Vimeo videos, Imgur or Giphy gifs, SoundCloud audio files, Twitter tweets, GitHub code snippets, or Scribd documents that appear within the resources on the JCCC Site. These files send data to the hosted site just as if you were visiting that site directly (for example, when you load a JCCC Site resource page with a YouTube video embedded in it, that video appears because of a pointer to files hosted by YouTube, and in turn YouTube receives data about your activity, such as your IP address and how much of the video you watch).

We do not control what data third parties collect in cases like this, or what they ultimately do with it. So, third-party embeds on the JCCC Site are not covered by this Privacy Policy. They are covered by the privacy policy of the third-party service (so, when you watch a YouTube video embedded in a JCCC Site resource, the use of data about your interactions with the video would be covered by YouTube’s privacy policy).

Some embeds may ask you for personal data, such as submitting your email address, through a form linked to from a JCCC Site resource. If you choose to submit your information to a third party this way, we don’t know what they may do with it. As explained above, their actions are not covered by this Privacy Policy. So, please be careful when you see embedded forms on the JCCC Site asking for your email address or any other personal data. Make sure you understand who you are submitting your information to and what they say they plan to do with it. We suggest that you do not submit your email address or other personal data to any third-party through an embedded form.

Tracking & Cookies

We use browser cookies and similar technologies to recognize you when you return to our Services. We use them in various ways, for example to log you in, remember your preferences (such as default language), evaluate email effectiveness and personalize resources and other services.

We only track your interactions within the Services and do not track your visits or activities off the Services.  For further information regarding how Social Career and JCCT use cookies, please refer to their respective Privacy Policy at the links provided above.

Miscellaneous

Disclaimer of warranty. We provide the Services to you as is. You use them at your own risk and discretion. That means they don’t come with any warranty. None expressed, none implied. No implied warranty of merchantability, fitness for a particular purpose, availability, security, title or non-infringement.  Please also review the disclaimer contained on the JCCT’s website at: https://www.hkjc.com/home/english/corporate/corp_disclaimer.aspx.

No waiver. If we do not exercise a particular right under these Terms, that doesn’t waive it.

Severability. If any provision of these Terms is found invalid by a court of competent jurisdiction, you agree that the court should try to give effect to the parties’ intentions as reflected in the provision and that other provisions of the Terms will remain in full effect.

Choice of law and jurisdiction. These Terms are governed by Hong Kong law. You agree that any suit arising from the Services must take place in a court located in Hong Kong.

Entire agreement. These Terms (including any document incorporated by reference into them) are the whole agreement between us and you concerning the Services.

Questions

We welcome questions or feedback about this policy at cs@socialcareer.org.