Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

What's in these terms?

These terms tell you the rules for using our website [https://www.jcthplus.org] (our site).

Click on the links below to go straight to more information on each area:

• Who we are and how to contact us.
• By using our site you accept these terms.
• There are other terms that may apply to you.
• We may make changes to these terms.
• We may make changes to our services.
• We may suspend or withdraw our services.
• You must keep your account details safe.
• How you may use material on our site.
• Do not rely on information on our site.
• We are not responsible for websites we link to.
• User-generated content is not approved by us.
• How to complain about content uploaded by other users.
• Our responsibility for loss or damage suffered by you.
• How we may use your personal information.
• Uploading content to our site.
• Rights you are giving us to use material you upload.
• We are not responsible for viruses and you must not introduce them.
• Rules about linking to our site.
• Which country's laws apply to any disputes?

Who we are and how to contact us

https://www.jctourheart.org, its affiliated application and related social media platforms is a project (“Project”) operated by the Jockey Club TourHeart+ (JCTH+) (“We”, “our” and “us”). We are based in Hong Kong, operating under the Department of Psychology, the Chinese University of Hong Kong . Our main address is 326C, 3rd Floor, Sino Building, Department of Psychology, The Chinese University of Hong Kong, Shatin, N.T., Hong Kong.

To contact us, please email info@jcthplus.org or telephone our office at 3943-3462.

By using our site you accept these terms

By using our site, mobile applications and/or services (“services”) in connection with the Project, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our services.

We recommend that you print a copy of these terms for future reference.

There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our services:

• Our Privacy Policy. See further under “Purposes of Collection and Use”
• Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
• Our Cookie Policy, which sets out information about the cookies on our site.

We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our services, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 20 December 2021.

We may make changes to our services

We may update and change our services from time to time to reflect changes to our content, our users' needs and our project priorities. We will try to give you reasonable notice of any major changes.

We may suspend or withdraw our services

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@jcthplus.org.

How you may use material on our site

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. These works are protected by copyright laws and treaties around the world. All such rights are expressly reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Do not rely on information on this site

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

User-generated content is not approved by us

This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

How to complain about content uploaded by other users

If you wish to complain about content uploaded by other users, please contact us on info@jcthplus.org.

Our responsibility for loss or damage suffered by you

Whether you are a consumer or a business user:

• We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
• Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you.

If you are a business user:

• We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
• We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  • use of, or inability to use, our site; or
  • use of or reliance on any content displayed on our site.
• In particular, we will not be liable for:
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer user:

• Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
• If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

How we may use your personal information

We will only use your personal information as set out in our privacy policy.

Uploading content to our site

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

You are solely responsible for securing and backing up your content.

We do not store terrorist content.

Rights you are giving us to use material you upload

When you upload or post content to our site, you grant us the following rights to use that content:

• a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the website and across different media including to promote the site or the service to expire when the user deletes the content from the site OR forever;
• a worldwide, non-exclusive, royalty-free, transferable licence for other users, partners or advertisers to use the content for their purposes OR in accordance with the functionality of the site to expire when the user deletes the content from the site OR forever.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Crimes Ordinance. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Rules about linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to link to or make any use of content on our site other than that set out above, please contact info@jcthplus.org.

Which country's laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by Hong Kong law. You and we both agree that the courts of Hong Kong will have exclusive jurisdiction.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Hong Kong law. We both agree to the exclusive jurisdiction of the courts of Hong Kong.

Acceptable Use Policy

As part of the Terms of Service, you agree not to misuse our services (“Services”) or help anyone else to do so. For example, you agree not to do any of the following in connection with our services and/or Project:

1. use our services/Project for unlawful or unauthorised purposes;
2. use our services/Project using entities other than the business entity in whose name the account is registered;
3. re-sell any documents you have gained access to;
4. re-sell or attempt to benefit in a commercial fashion from any content available as part of the services/ Project;
5. generate or download documents on a systematic basis that is commercially prejudicial to the services/Project;
6. sell the services/Project unless specifically authorised to do so;
7. probe, scan, or test the vulnerability of any system or network;
8. breach or otherwise circumvent any security or authentication measures;
9. access, tamper with, or use non-public areas or parts of the services/Project or shared areas of the services/Project that you haven’t been invited to;
10. 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 services/Project, or by scripting the creation of any content in such manner as to interfere with or create an undue burden on the Project;
11. access, search, or create accounts for the services/Project by any means (automated or otherwise) other than our publicly supported interfaces (for example, “scraping” or creating accounts in bulk) or attempt to do so;
12. send unsolicited communications, promotions or advertisements, or spam;
13. forge any TCP/IP packet header or any part of the header information in any email;
14. send altered, deceptive, or false source-identifying information, including “spoofing” or “phishing”;
15. conduct surveys, contests, or pyramid schemes, or promote or advertise products or services without appropriate authorisation;
16. abuse referrals or promotions;
17. post, publish, upload, display, distribute, or share materials that are unlawful, inappropriate, profane, pornographic, obscene, indecent, libelous, defamatory, abusive, or knowingly false, and/or that infringe intellectual property rights;
18. violate the letter or spirit of our Terms of Service;
19. violate applicable laws or regulations in any way; or
20. violate the privacy or infringe the rights of others.

You acknowledge that the above is not an exhaustive list.

This Agreement is made in English and Chinese. In case of any conflict between the English version and the Chinese version, the English version shall prevail.