Terms & Conditions

Acceptance of Terms

The services that The Hong Kong Institution of Engineers (the “HKIE”) provides to any user(s) (each a “User”) are subject to the following Terms of Use (“TOU”). The HKIE reserves the right to update the TOU at any time without notice to User. The most current version of the TOU can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of the web pages.

1. This agreement (the “Agreement”), which incorporates by reference other provisions applicable to use of the websites of the HKIE (“Websites”), including, but not limited to, supplemental terms and conditions set forth hereof governing the use of certain specific materials contained in the Websites, sets forth the terms and conditions that apply to the use of the Websites by Users. By using the Websites (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use the Website is personal to User and is not transferable to any other person or entity. User is responsible for all use of User’s account (under any screen name or password) and for ensuring that all use of User’s account complies fully with the provisions of this Agreement.
2. The HKIE shall have the right at any time to change or discontinue any aspect or feature of the Websites, including, but not limited to, content, hours of availability, and equipment needed for access or use.

Change of Terms

The HKIE shall have the right at any time to change or modify the terms and conditions applicable to User’s use of the Websites, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Websites, or by electronic or conventional mail, or by any other means by which User may gain access thereto. Any use of the Websites by User after the effective date of such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.

Description of Services

Through its web property, the HKIE provides User with access to a variety of resources, including download areas, communication forums and information (collectively “Services“). The Services, including any updates, enhancements, new features, and/or the addition of any new web properties, are subject to the TOU. The Services may contain email services, bulletin board services, news, forums, photo albums, and/or other message or communication facilities designed to enable User to communicate with others (each a “Communication Service” and collectively “Communication Services”).

Equipment

User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of the Websites and all charges related thereto.

User Conduct

1. User shall use the Websites for lawful purposes only. User shall not post or transmit through the Websites any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law, or which, without the HKIE’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in the HKIE’s discretion restricts or inhibits any other User from using or enjoying the Websites will not be permitted. User shall not use the Websites to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with the HKIE.
2. The foregoing provisions of Section 5 are for the benefit of the HKIE, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

Use of Services

User agrees to use the Communication Services only to post, send and receive messages and materials that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Websites, Services and/or Communication Services, User will not:

1. Use the Websites, Services and/or Communication Services for unlawful purposes.
2. Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
3. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
4. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
5. Upload, or otherwise make available, files that contain images, photographs, software or other materials protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User owns or controls the rights thereto or has received all necessary consent to do the same.
6. Use any materials or information, including images or photographs, which are made available through the Websites, Services and/or Communication Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
7. Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
8. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allow such messages.
9. Download any file posted by another user of a Communication Service that User knows, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
10. Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
11. Restrict or inhibit any other user from using and enjoying the Websites, Services and/or Communication Services.
12. Violate any code of conduct or other guidelines which may be applicable for the Websites, Services and/or Communication Services.
13. Harvest or otherwise collect information about others, including email addresses.
14. Create a false identity for the purpose of misleading others.
15. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Websites, Services and/or Communication Services or other user or usage information or any portion thereof.

Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials.

User should always use caution when giving out any personally identifiable information in any Communication Services. The HKIE does not control or endorse the contents, messages or information found in any Communication Services and, therefore, the HKIE specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Services. Managers and hosts are not authorised HKIE spokespersons, and their views do not necessarily reflect those of the HKIE.

Member Account, Password, and Security

User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify the HKIE immediately of any unauthorised use of User’s account or any other breach of security. The HKIE will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by the HKIE or another party due to someone else using User’s account or password. User may not use anyone else’s account at any time, without the permission of the account holder.

Notice Specific to Documents Available on the Websites

Permission to use documents (such as Constitution, Disciplinary Regulation, Rules of Conduct, manuals, meeting minutes etc.) (“Documents”) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made.

The Documents and related graphics published on the services could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. The HKIE, its subsidiaries, affiliates and/or their respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

Materials Provided to the HKIE or Posted at any of its Websites

The HKIE does not claim ownership over the materials User provides to the HKIE (including feedback and suggestions) or posts, uploads, inputs or submits to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) User’s Submission, User is granting the HKIE, its subsidiaries and affiliated companies and necessary sublicensees permission to use User’s Submission in connection with the operation of their Internet businesses (including, without limitation, all the HKIE Services), including, without limitation, the licence rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Submission; to publish User’s name in connection with User’s Submission; and the right to sublicense such rights to any supplier of the Services.

No compensation will be paid with respect to the use of User’s Submission, as provided herein. The HKIE is under no obligation to post or use any Submission User may provide and the HKIE may remove any Submission at any time in its sole discretion. By Posting a Submission User warrants and represents that he owns or otherwise controls all of the rights to his User’s Submission as described in the TOU including, without limitation, all the rights necessary for User to provide, post, upload, input or submit the Submissions.

In addition to the warranties and representations set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), User warrants and represents that (a) User is the copyright owner of such Images, or that the copyright owner of such Images has granted User permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of User’s use and as otherwise permitted by the TOU and the Services, (b) User has the rights necessary to grant the licences and sublicences described in the TOU, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in the TOU, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. The licences granted in the preceding sentences for Images will terminate at the time User completely removes such Images from the Services, provided that, such termination shall not affect any licences granted in connection with such Images prior to the time User completely removes such Images.

Links to Third Party Sites

The HKIE is a distributor (and not a publisher) of certain contents supplied by third parties and Users. Accordingly, the HKIE has no more editorial control over such contents than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of the Websites, are those of the respective author(s) or distributor(s) and not of the HKIE. Neither the HKIE nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.

In many instances, the content available through the Websites represents the opinions and judgments of the respective information provider, User, or other user not under contract with the HKIE. The HKIE neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Websites by anyone other than the authorised HKIE spokespersons while acting in their official capacities. Under no circumstances will the HKIE be liable for any loss or damage caused by a User’s reliance on information obtained through the Websites. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the HKIE. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

Monitoring

The HKIE shall have the right, but not the obligation, to monitor the contents of the Websites, including bulletin boards and forums, to determine compliance with this Agreement and any operating rules established by the HKIE and to satisfy any law, regulation or authorised government request. The HKIE shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Websites.

Indemnification

User agrees to defend, indemnify and hold harmless the HKIE, its subsidiaries and affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including legal fees, arising out of the use of the HKIE by User or User’s account.

Termination

Either the HKIE or User may terminate this Agreement at any time. Without limiting the foregoing, the HKIE shall have the right to immediately terminate User’s account in the event of any conduct by User which the HKIE, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.

Miscellaneous

This Agreement and any operating rules for the Websites established by the HKIE constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the Hong Kong SAR, China, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

Any rights not expressly granted herein are reserved.