The Karen Leung Foundation (“KLF” or the “Foundation”) website, https://darkgoldenrod-spider-456607.hostingersite.com (the “Website”), and forms of social media, contain general information about KLF, its mission, its activities, and its fundraising efforts and other content, including, but not limited to, text, data, information, reports, images, photos, graphics, graphs, charts, animations and video displayed on the Website (collectively, the “Content”).

The terms and conditions of use below (“Terms of Use”) apply to access to and use of the Website and KLF’s social media platforms, as applicable, as well as the Content on them. The terms “you” and “user” refer to anyone who accesses the Website, social media platforms and their respective Content. Please read these Terms of Use carefully. By accessing and using the Website and/or KLF’s social media platforms, you will be deemed to have accepted and agree to be legally bound by these Terms of Use, as applicable.

KLF may change these Terms of Use at any time and at its sole discretion, with or without advance notice. Each time you use or access the Website or forms of social media on which the Content appears, you are responsible for being familiar with, and are bound by, the then-current version of the Terms of Use. Changes will be posted at https://darkgoldenrod-spider-456607.hostingersite.com under “Terms of Use”. Your use of the Website or forms of social media on which Content may appear after any changes have been posted will constitute your agreement to the modified Terms of Use and all of the changes. Therefore, you should read these Terms of Use from time to time for changes.

If you do not agree to be bound by the Terms of Use, you are not permitted to use or access the Website or forms of social media on which Content may appear and you should cease access to the Content immediately.

Nothing in these Terms of Use is intended to exclude or restrict any duty or liability that KLF may have to its customers under the applicable law.

USE SOCIAL MEDIA PLATFORMS AT YOUR OWN RISK

The following terms are not intended to exclude the privacy policy available on KLF’s website. KLF is not responsible for the privacy policies of any social media platform on which Content may appear.

KLF and its respective affiliates, directors, officers, registered representatives or employees are not liable for any direct, indirect, incidental, consequential, punitive or special damages arising out of or in any way connected with your access or use of, or inability to access or use, a social media platform, or reliance on any Content or any failure of performance, interruption, defect, delay in transmission, computer viruses or other harmful components, or line or system failure associated with a social media platform. Use of a social media platform is at your own risk.

USE OF THE KLF WEBSITE

KLF owns, operates and maintains the Website. The Website and the Content is the property of KLF, or its licensors, and is protected by copyright and other intellectual property laws. All trade names, trademarks, service marks and other product and service names and logos on the Website and within the Content (collectively, the “Marks”) are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Any of the Marks displayed on the Website may be registered, or unregistered Marks of KLF or others. Nothing contained on the Website should be construed as granting any license or right to use any Marks without the express written consent of KLF or the third-party owner of such Marks. Any unauthorized uses of the Marks or any other Content are strictly prohibited.

You agree that when accessing Content on the Website, you shall not use such Content for any purpose that is contrary to, or violates, any applicable law or regulation. In addition, the use of the Website is for your personal and non-commercial use. You may print, copy, and download any Content contained in the Website for your personal use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any Content obtained on the Website, except as otherwise expressly provided herein, without the express prior written consent of KLF. If you copy or download any Content you agree not to obscure, delete or modify any notices or legends contained therein.

If you use or access (or attempt to use or access) the Website in breach of any of these Terms of Use, neither KLF nor any of its associates or affiliates will be liable to you for any loss or damage that may result to you or a third party (including without limitation, any direct, indirect, incidental or consequential loss or damage, or any loss of revenue, business profits, goodwill, data, or any opportunity) in connection with such use or access (or attempt to use or access) of the Website.

USE OF PASSWORDS

In order to access certain parts of the Website you may be required to select a username and a password. Only you are authorized to use your password and you may not transfer your password to any other person. Any such transfer of passwords or use of passwords by an unauthorized person is strictly prohibited. Please safeguard your username and password carefully.

PURPOSE AND ACCURACY OF INFORMATION ON THE WEBSITE

The Content is directed only at persons or entities in any jurisdiction or country where access to Content and use of such Content is not contrary to local law or regulation. Accordingly, you are responsible for informing yourself of and complying with any such restrictions. Nothing on the Website is intended to, nor will, constitute an offer (or an invitation to make an offer) to buy, sell or otherwise transact in any investment fund and/or strategy referred to on the Website or any other security or financial instrument, or to provide any investment services or advice in any jurisdiction. The Content (including cause-related information) is provided by KLF and certain third parties for general informational and educational purposes only and does not constitute medical or other advice. KLF accepts no liability for any medical or other interpretation or reliance on such information by users.

To the best of our ability and belief, all Content is accurate and reliable, and has been obtained from public sources we believe to be accurate and reliable. The Content is current only as at the date it is first posted and may no longer be true or complete when viewed by you. Additionally, the Content may be changed or amended without prior notice. All Content is presented “as is,” without warranty of any kind – whether express or implied.

LIMITATIONS OF USE

You warrant that you will not use the Website to conduct or engage in unlawful activities, to violate any law or regulation, or to violate or infringe upon the rights of KLF, or any third party, including without limitation, contractual rights, intellectual property rights, and privacy rights. You shall not use or introduce into the Website any device, software, or routine that could damage or interfere with the proper operation of the Website. You shall not directly or indirectly take any action to unduly stress the Website, including by way of example and not limitation, incurring session lengths or conducting search queries that KLF reasonably determines to be abusive, or use any scraper, robot, spider, or other automated mechanism to access the Website or download the Content.

KLF reserves the right to monitor your use of the Website to provide guidance and assistance in the use of the Website, and to monitor your conformance with these Terms of Use. You acknowledge and hereby consent to such monitoring. KLF reserves the right to terminate your access to and use of the Website if, in KLF’s reasonable belief, you have violated the usage limitations set forth in these Terms of Use.

LINKS TO OTHER SITES

The Website may contain links to other websites not supported by KLF. Such links are provided as a convenience to you. The inclusion of any link does not constitute an endorsement, authorization, sponsorship, affiliation or monitoring by KLF with respect to such linked website or its owners. These sites contain information that has been created, published, maintained or otherwise posted by institutions or organizations independent of KLF. KLF does not endorse, approve, certify or control these websites and does not assume responsibility for the accuracy, completeness or timeliness of the information located there. Visitors to these websites should not use or rely on the information contained therein without consulting with an independent finance professional or other appropriate advisor. KLF does not necessarily endorse or recommend any commercial product or service described at these websites. KLF has not verified the accuracy or completeness of any information in such linked sites, and makes no representations as to the information contained therein. Accessing any linked sites is at the user’s own risk. You should review the applicable terms of use and privacy policies in connection with your use of such third party sites.

DISCLAIMER OF WARRANTIES

KLF DOES NOT WARRANT THAT THE CONTENT OR THE WEBSITE WILL BE FIT FOR ANY PARTICULAR PURPOSE AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. KLF ASSUMES NO RESPONSIBILITY FOR, AND MAKES NO WARRANTIES THAT, THE FUNCTIONS AND INFORMATION CONTAINED ON THE WEBSITE WILL BE AVAILABLE ON AN UNINTERRUPTED BASIS, WILL BE TIMELY OR ERROR-FREE, OR WILL CONTAIN NO VIRUSES OR OTHER HARMFUL COMPONENTS. KLF SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM. IN NO EVENT WILL KLF NOR ANY OF ITS LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS OR GOOD WILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF THE WEBSITE. IN NO EVENT WILL KLF OR ANY OF ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR THE WEBSITE.

DONATIONS

When making a donation to KLF you may select a one-off donation or a monthly recurring payment. If you select a monthly donation, you may cancel your recurring donation at any time by contacting us at info@karenleungfoundation.org. Upon cancellation, (i) your monthly donation will cease from the date of cancellation, (ii) no refunds will be issued for any donations already processed prior to the cancellation date, and (iii) no further payments will be made.

By proceeding with your donation, you acknowledge that you have read, understood and agreed to be bound by such donation terms and conditions.

PRIVACY & DATA COLLECTION

By continuing to access the KLF website and platforms you agree to KLF’s [Privacy Policy].

In addition to personal data, KLF may collect and/or track information that by itself cannot be used to identify or contact you, e.g., demographic information (like age, profession or gender), domain names, computer type, browser types, and other anonymous statistical data involving the use of the Website (“Non-personal Data”). KLF uses Non-personal Data to help it understand who uses the Website and to improve and market its products and services.

WEB TOOLS

To enhance the internet experience on the Website, KLF may use various Internet technologies such as ‘cookies,’ ‘action tags,’ ‘web bugs,’ ‘.gif tags,’ and ‘JavaScript’ (together, “Web Tools”). Web Tools are files or tools that are placed on your computer in order to identify your Web browser and the activities of your computer on the Website. KLF may use these technologies to customize and enhance the Internet experience of individual users. When you revisit the Website, KLF may recognize you by a Web Tool and customize your experience accordingly. For example once you have completed the registration process, a cookie may be used to avoid having you register again. You may decline Internet cookies, if any, by using the appropriate feature of your Web browser software, if available. If cookies are disabled, however, all features of a Website may not operate as intended. Web Tools and similar technologies add value to the user experience, and the information resulting from these technologies is not sold or otherwise made available to third parties.

SECURITY

KLF maintains reasonable physical, electronic and procedural safeguards to guard your personal data. Although KLF takes reasonable precautions to assess the reliability of such technology, it relies on the representations of the venders of those products and services as part of its security evaluation. Please note that while KLF has endeavored to create a secure and reliable website for users, the confidentiality of any communication or material transmitted to/from KLF via the Website or e-mail cannot be guaranteed.

INDEMNIFICATION

You agree to indemnify and hold harmless KLF, its directors, officers, employees, volunteers, and agents from any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from:

1. Your use of and/or reliance on the Website and the Content;
2. Your breach of these Terms and Conditions;
3. Your violation of any law or third-party rights; or
4. Any content you submit or transmit through the Website.

JURISDICTION

These Terms of Use, including this paragraph on “Jurisdiction”, shall be governed by the laws of the Hong Kong Special Administrative Region of the People’s Republic of China, without regard to conflicts of law rules. Any dispute, claim or controversy arising out of or relating to these Terms of Use, including this paragraph on “Jurisdiction”, shall be referred to and finally determined by confidential arbitration in Hong Kong, before a sole arbitrator, administered by the Hong Kong International Arbitration Centre (“HKIAC”) in accordance with its International Arbitration Rules in effect at the time of the filing of a Notice of Arbitration. The arbitrator shall be appointed by HKIAC in accordance with its procedures for the selection of a sole arbitrator, with the final appointment being made in the absolute discretion of HKIAC. The language to be used in the arbitral proceedings shall be English, and documentary evidence in other languages must be accompanied by a translation into English when submitted in the arbitral proceedings. Judgment on the award may be entered in any court having jurisdiction thereof. All evidence disclosed, and submissions made, as part of the arbitration shall remain at all times confidential, subject to any duties that a party has to make disclosure to others as required by law, which disclosure shall be limited to that which is absolutely required. This section shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The Arbitrator is directed to award the prevailing party its reasonable legal fees and costs incurred as part of the arbitration.

GENERAL INFORMATION

These Terms of Use have been prepared in both English and Chinese. In the event of a conflict between the English and Chinese versions, the English version will prevail. Any failure to exercise or enforce any right or term under these Terms of Use does not constitute a waiver of such right or term.

These Terms of Use (read alongside the Privacy Policy) constitute the entire agreement between you and KLF relating to the subject matter hereof. If any term of this agreement is found to be invalid, or unenforceable, the term shall be struck, and the remaining terms shall remain in full force and effect.  

CONTACT INFORMATION FOR KLF

Questions or concerns regarding KLF’s Terms of Use, including its data protection practices should be addressed to info@karenleungfoundation.org.

Thank you.