Terms of Use

IMPORTANT
READ THIS USER AGREEMENT FIRST BEFORE YOU USE Online Registration

In this User Agreement:

"Event Manager" management company of events and activities organised or co-organised by HKDC
"HKDC", "we", "our" or "us" Hong Kong Design Centre Limited
"HKDC Affiliates", "Our Affiliates" HKDC's agents, licensors, Third Party Providers and Event Manager, and their respective agents, officers, affiliates and employees
"Information" information, data, content, analysis, news, reports, programmes, photographs, pictures, graphics, video, audio, software and other materials and services, communications, transmissions and other items, tangible or intangible available on or through Website
"Item", "items" refers any ticket, event pass, or other tangible or intangible, for charge or not for charge, that are provided at Online Registration
"Online Registration" means the online registration and purchase services offered by HKDC for the registration of various events and activities organised or co-organised by HKDC, and purchase of HKDC products (if applicable) or such other new, changed, replacement or alternative services as provided by HKDC from time to time
"personal data" personally identifying information or sensitive data (including but not limited to names, ages, addresses, occupations, contacts, other personal details and credit card information)
DFAA 2008 winners Recognized winners of the Design for Asia Award 2008, namely winners for the World's Outstanding Chinese Designer, the Design Leadership Award and the three DFA categories - DFA Grand Award, DFA Best Design from Greater China and DFA Special Merit Award
"Student" Any full time or part time student of accredited local and /or overseas academic institutions
Member of China based associations Any registered member of a HKDC recognized China based association
HKDC Strategic Partner Namely the Hong Kong Polytechnic University, Hong Kong Design Institute, Hong Kong Science & Technology Parks Corporation
Supporting Organization Any organization recognized by HKDC as providing marketing support to HKDC and the BODW 2008
Sponsor Any company and / or organization recognized by HKDC as providing financial and / or in kind sponsorship to HKDC and the BODW 2008
Member of HKDC's four Founding Members Any person who is a registered member of Hong Kong Designers Associations (HKDA), Interior Design Association Hong Kong (HKIDA), Hong Kong Fashion Designers Association (HKFDA) and The Chartered Society of Designers, Hong Kong (SCDHK)
"Third Party Provider" any provider of Information or services on the Website other than HKDC
"User Agreement" the User Agreement set forth below as amended by HKDC from time to time
"users", "you" or "your" any person who accesses the Website
"Website" www.hkdesigncentre.org , www.bodw.com and other website(s) from time to time hosted by HKDC

the singular includes the plural and vice versa;

the expressions "including", "for example" and similar expressions are not words of limitation;

references to anything, amount or group of persons are references to the whole and each part of that thing or amount, and all and each person in that group; and

references to time are, unless otherwise stated, to Hong Kong time.

HKDC makes Online Registration available to you subject to the terms and conditions of this User Agreement.

Access

1.1

HKDC may prevent or restrict any user from accessing Online Registration without need to give any reason.

1.2

By using Online Registration, you warrant that:

(a)	all actions needed to authorise your entry into and performance of this User Agreement have been taken;
(b)	this User Agreement constitutes your legal, binding and enforceable obligations; and
(c)	the Information provided in respect of your registration or purchase is true, complete and current.

Your Information

2.1

You agree to provide such Information as may be reasonably requested by HKDC, HKDC Affiliates and the Event Manager for the purpose of permitting your access and use of Online Registration, processing your registration or purchase and establishing the means by which your payments will be made.

2.2

All your personal data is sent at your sole risk to HKDC. For example, unauthorised third parties may be able to access such Information during its transmission.

2.3

The payment gateway facilities are provided to the users for convenience only. These facilities are hosted and maintained by Third Party Provider and HKDC gives no warranty, expressed or implied, in connection with such facilities. If you chose to effect any payment through such facilities, you should satisfy yourself that

(i)

you understand the procedures and policies of the Third Party Provider relating to payment, privacy, data security and record-keeping and

(ii)

the risks associated with these procedures and policies are acceptable to you. HKDC do not store or process any data relate to credit card and/or bank account. HKDC will in no event be liable for any loss, damages, costs or expenses suffered or incurred by the users arising out of or as a result of any error and/or mistake and/or misstatement in debiting or crediting credit card account of the users as well as any malfunction, failure, disruption, downtime, interruption, miscalculation, delay, inaccuracy, loss or corruption of data, or any other non-performance related to the payment gateway facilities.

2.4

You agree to notify HKDC promptly if there is any change in your telephone number, address, electronic mail address and details. Any such notification is binding on you, and may be accepted and acted on by HKDC without any verification or enquiry.

2.5

You agree to the use and disclosure of your personal data in the manner set out in HKDC's Privacy Policy (as updated from time to time).

Usage of Online Registration

3.1

You may only use Online Registration for your own internal purpose. Except as aforesaid you may not copy, reproduce, publish, distribute, sell or, in any way directly or indirectly in competition with HKDC, commercially exploit the Information available on Online Registration. In particular, you may not on-sell any item purchased or transfer any registration or payment made on Online Registration. You must not delete or change any copyright or other proprietary notice on any Information available from or through Online Registration.

3.2

You may not transfer all or any of your rights or obligations under this User Agreement to any other person, or permit any other person to use your Logon ID or Password (if applicable).

3.3

The copyright in the Information is owned by HKDC, HKDC Affiliates or Third Party Providers (as the case may be).

3.4

Our obligations to provide Online Registration will be suspended if and for so long as any circumstances occur which prevent us from being able to provide Online Registration.

3.5

The Information, features, functions, benefits or procedures which are available or applicable to one class of users of Online Registration

(a)	may from time to time be limited or changed by us without notice to that user; and
(b)	may be different from that available to another user.

eRegistration may not be available to another class of users and may from time to time be limited or changed by us without notice. We may group users into different classes using any criteria we deem fit.

3.6

If you are a current DFAA 2008 winner, Student, member of China based associations, HKDC Strategic Partner, Supporting Organization, Sponsor or member of HKDC's four Founding Members, you may be eligible to enjoy special offer and discounts for events and activities organised or co-organised by HKDC. To enjoy these special offer and discounts, you are required to make registration by mail or by fax, enclosing copy of proof of your status for our verification. If you make registration through Online Registration, you will not be allowed any special offer or discount which is available to DFAA 2008 winners, students, and members of China based associations, HKDC Strategic Partners, Supporting Organizations, Sponsors or members of HKDC's four Founding Members.

Payment

4.1

You agree to pay all charges for the registrations and the items purchased, at such prices and rates and in accordance with the billing terms as are in effect from time to time. You are responsible for all taxes and delivery cost relating to your registrations or purchases through Online Registration. Your payments to HKDC must be made in full without deduction, set-off or counterclaim.

4.2

HKDC's record of the charges payable by you is, save to the extent of manifest error, conclusive and binding on you.

4.3

Any payment relating to Online Registration should be made in the ways as prescribed by HKDC. Online payment should only be made by credit card acceptable to HKDC and should be made through the payment gateway accepted by HKDC. For payment made by cheque, bank draft, direct deposit, or telegraphic transfer you should send the relevant registration form to the address designated by HKDC or the Event Manger together with the cheque, bank draft, deposit or transfer slip. You are solely responsible for all risks associated with the mailing, and HKDC and Our Affiliates shall not be responsible for any default, delay, failure or error in any mailing services. A conference-pass(es) collection email will be sent to you by electronic means, by mail or by fax upon your successful on-line payment or upon the clearance of the cheque or confirmation of receipt of the payment by HKDC or the Event Manager. Except as stated above, HKDC accepts no other way of payment.

4.4

HKDC may charge for any services or purchases in relation to Online Registration and will publish the amount or rate therefore, identifying the services or purchases concerned, by a general message on Online Registration. By requesting, commencing or continuing the ordering at any time after such notification, you agree to pay HKDC such charges.

4.5

HKDC may, at its discretion, grant you access to the account you created through Online Registration for a particular activity or event up to 2 weeks prior to the commencement of such activity or event, for the purpose of change of registrant and delegate information, re-process of previously failed payment transaction and / or further purchase of event tickets.

4.6

HKDC may from time to time prescribe a minimum request or order amount applicable to the registration or purchase from Online Registration. HKDC reserves the right to reject any request or order which fails to attain such minimum amount.

4.7

All your registrations or purchases, once completed online or accepted by us, are irrevocable and no return, refund, exchange or cancellation may be effected except as stated in Clause 4.5 above or with the written consent of HKDC.

Equipment

You are responsible for providing and maintaining necessary telecommunication lines, software and equipment to access Online Registration and for all associated costs.

Logon ID and Password

6.1

You are solely responsible for protecting the confidentiality of your Logon ID and Password and against any unauthorised use.

6.2

Your Logon ID may not be changed.

Disclaimer & Limitation of Liability

7.1

Use of Online Registration is at your sole risk.

7.2

HKDC and the HKDC Affiliates do not warrant, guarantee or assume any responsibility that:

(a)	the Information is accurate, adequate, current or reliable, or may be used for any purpose other than for general reference, or that any results may be obtained from using the Information. In particular, HKDC reserves the right to change the prices and charges for the items and services available in Online Registration at any time without notice;
(b)	the Information is free of defect, error, omission, virus or anything which may change, erase, add to or damage your software, data or equipment;
(c)	access to Online Registration will be available or be uninterrupted; or
(d)	defects in Online Registration will be corrected.

7.3

The Information may not be regarded as any recommendation or endorsement by HKDC for any purpose with respect to any person, product or service.

7.4

Without limiting the foregoing, Online Registration is provided to you on an "as is" and "as available" basis. Online Registration is for your personal use only and we make no representation or warranty of any kind, expressed or implied, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, or non-infringement.

7.5

In no event will we or Our Affiliates be liable to you or any other person for any direct, indirect, incidental, special, punitive or consequential damages, including any loss of business or profit, arising out of any use, or inability to use, the Information and/or your registration, purchase, or inability to make registration or inability to purchase items from Online Registration.

7.6

You will exercise and rely solely on your own skill and judgment in your use and interpretation of the Information from Online Registration. You are responsible to ensure that your use of such Information available from Online Registration complies with all applicable legal requirements.

7.7

You are solely responsible for all risks associated with the mailing, and HKDC shall not be responsible for any default, delay, failure or error in any mailing services.

7.8

The limitation of liability contained in this User Agreement will apply to the fullest extent permitted by applicable laws.

Changes to Online Registration

8.1

HKDC may at any time change or remove the contents or any function, aspect of feature, or change the presentation, of Online Registration including hours of availability and equipment (hardware and software) needed for access or use.

8.2

HKDC may at any time:

(a)	change, add to, delete or modify any provisions in this User Agreement; and
(b)	change the amount or method of calculation of the charges payable by you or impose new charges.

8.3

Any change, removal or addition under Clauses 8.1 or 8.2 above will be effective immediately upon notice thereof being posted on Online Registration or otherwise given to you. Any use of Online Registration by you after such notice will constitute your acceptance of such change, removal or addition.

Indemnity

You agree to defend, indemnify and hold us and the HKDC Affiliates harmless from and against all liabilities, damages, claims, actions, costs and expenses (including without limitation legal fees), in connection with or arising from your breach of any of this User Agreement and/or your use of Online Registration. We may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defence and control of any claim or action.

10.

Hyperlinks

Any hyperlinks to other sites do not amount to an endorsement by us or Our Affiliates of those sites. Neither we nor Our Affiliates assume any responsibility for anything once you have exited Online Registration and the Website.

11.

Affiliates

This User Agreement is for the benefit of us and Our Affiliates, and each of us and them has the right to enforce this User Agreement in our or (as the case may be) their own name against you.

12.

Termination

HKDC may at any time terminate your access to Online Registration with immediate effect, without need to give any reason. Termination of your right to access or use Online Registration will not affect any right accrued to HKDC or you under this User Agreement prior to such termination or any registrations or purchases made prior thereto.

13.

Notices

13.1

HKDC may give notice to you by means of posting a notice on the Website, in the process of Online Registration, by ordinary mail to your address, by fax to your fax number or by electronic mail to your electronic mail address on HKDC's record. Any notice posted on the Website or given to you in the process of Online Registration is deemed to be received by you when such notice is posted or given. Any notice sent to your fax number or electronic mail address is deemed to be received on the day sent. Any notice sent by post is deemed to be received on the third days of posting, if sent by post to an address inside Hong Kong, and on the seventh days of posting, if sent by post to an address outside Hong Kong.

13.2

You may give notice to HKDC by electronic mails; fax and mail as specified in the Website or such other means as may be specified by HKDC from time to time. You may give notice to the Event Manager by the means as specified by HKDC or the Event Manger from time to time.

14.

Partial Invalidity

The illegality, invalidity or unenforceability of any provision of this User Agreement under the law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdiction nor the legality, validity or enforceability of any other provision.

15.

Miscellaneous

No waiver by any party of any breach under this User Agreement will amount to a waiver of any other breach. The headings in this User Agreement are for convenience only and do not affect interpretation.

16.

Governing Law and Jurisdiction

This User Agreement and any registration or purchase through Online Registration shall be governed by the law of the Hong Kong Special Administrative Region. You agree to submit to the non-exclusive jurisdiction of the Hong Kong courts.