Last Update: 4th Sep 2023
PLEASE READ THESE TERMS OF SERVICE (THESE “TERMS”) CAREFULLY. THESE TERMS GOVERN YOUR USE OF THE WEBSITE AND PARTICIPATION IN ETH HONG KONG WHETHER AS A PARTICIPANT, PARTNER OR OTHERWISE. YOU ARE ADVISED TO FULLY UNDERSTAND YOUR OBLIGATIONS AND RISKS UNDER THESE TERMS BEFORE USING IT. IF YOU HAVE ANY CONCERNS WITH THESE TERMS, PLEASE CONSULT A PROFESSIONAL ADVISOR BEFORE ENTERING INTO AND ACCEPTING THESE TERMS.
Unless otherwise specifically mentioned in these Terms, you will be deemed to have accepted and agreed to these Terms by: (i) by accessing https://www.ethhongkong.co and all other related websites owned and/or operated by [FOMO Asia] (the “Website”); (ii) agreeing to any other Documentation that references and/or incorporates these Terms; and/or (iii) participating in ETH Hong Kong (whether as a Participant, Partner or otherwise) (the “Commencement”), on such date that the Commencement begins (the “Commencement Date”).
References to “you”, “your” and “User” shall refer to you as the person who is accessing the Website, where applicable, participating in ETH Hong Kong (whether as a Participant, Partner or otherwise), and as the person who has accepted and agreed to these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity and its relevant Affiliates (as a User) to these Terms. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms and are not permitted to use the Website.
These Terms may be changed by us from time to time without any prior notice. You may determine if any such changes have taken place by referring to the “Last Updated” date on which these Terms were last updated. You are encouraged to check for any updates to these Terms prior to your use of the Website. Your continued use of the Website constitutes your acknowledgement and acceptance of these Terms as changed from time to time.
GENERAL DEFINITIONS AND INTERPRETATION
“Acceptance” has the meaning ascribed to it in Clause 6.9.11(d).
“Account” means your account registered with us (via the Website or otherwise).
“Account-Related Information” means contact information, payment information, and biographical information about a User’s representatives and contacts used for marketing, opening new Accounts to use the Services, and maintaining existing Accounts.
“Affiliate” means any entity controlling, controlled by, or under common control with the reference entity, where the term “control” means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of an entity, whether through the ownership of voting securities, by contract, or otherwise.
“Confidential Information” has the meaning ascribed to it in Clause 14.1.
“Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a device that appears on, or forms part of, the Website.
“Disclosing Party” has the meaning ascribed to it in Clause 14.1. “Designated Third Party Platforms” has the meaning ascribed to it in Clause 15.3.
“Documentation” means any documentation (including guidelines, policies, rules and additional terms and conditions) provided or published by [FOMO Asia] and/or [BeWater] in connection with the relevant Services, or any other agreements in respect of any relevant Services.
“Event” means any event (including conferences, programmes and activities) whether physical or virtual, planned, organised and/or executed by [FOMO Asia] and/or [BeWater].
“Event Footage” has the meaning ascribed to it in Clause 10.4.1.
“Event Participation Agreement” has the meaning ascribed to it in Clause 6.2.
“Event Rules” means the rules and event details relating to an Event as set by [FOMO Asia] and/or [BeWater] (and, where applicable, as agreed with the relevant Partner).
“Event Scope of Work” means the separate document containing details of each Event which a Partner engages [FOMO Asia] and/or [BeWater]to plan, organise and execute, which is to be agreed and signed (whether electronically other physically) between the Partner and [FOMO Asia] and/or [BeWater].
“Event Service Fee” means the total amount payable by the Partner to [FOMO Asia] and/or [BeWater]as agreed in each Event Scope of Work for the Services to be performed under each Event Service Agreement.
“Event Website” Means, in respect of an Event, the unique website set up by [FOMO Asia] and/or [BeWater] and/or the relevant Partner (as the case maybe).
“FAQs” means frequently asked questions. “Feedback” has the meaning ascribed to it in Clause 10.2.1. “Government Entity” means any person or entity owned, affiliated with, acts on behalf of or acts for the benefit of any governmental body.
“Guidelines and Restrictions” has the meaning ascribed to it in Clause 6.9.6.
“Hackathon” means an Event planned, organised and/or executed by [FOMO Asia] and/or [BeWater] in which Participants participate in to engage in collaborative computer programming.
“Hackathon Team” has the meaning ascribed to it in Clause 6.8.1.
“Harmful Code” has the meaning ascribed to it in Clause 6.9.7(j).
“Indemnified Parties” has the meaning ascribed to it in Clause 8.1.1.
“Intellectual Property” means all copyright, patents, utility innovations, trademarks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.
“Intellectual Property Rights” means including without limitation all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
“Open Source Software” means any open source, community or other free code or libraries of any type, including, without limitation, any code which is made generally available on the Internet without charge (such as, for example purposes only, any code licensed under any version of the MIT, BSD, Apache, Mozilla or GPL or LGPL licenses).
“Organising Partner” means the Partner that organises an Event.
“Partner” or “Partners” means a User (or Users) that has engaged [FOMO Asia] and/or [BeWater]to plan, organise and execute an Event as part of the Services under these Terms.
“Participant” or “Participants” means a User (or Users) that agrees to participate in an Event under these Terms.
“Party” or “Parties” means Participant(s), [FOMO Asia], [BeWater]and the Partner(s).
“Permitted Modification” has the meaning ascribed to it in Clause 6.9.5.
“Personal Information” means any information that identifies, relates to, describes, or is capable of being associated with, or could reasonably be linked, directly or indirectly, to an identified or identifiable living natural person, including but not limited to: (i) Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier Internet Protocol address, email address, account name, social security number, driver’s licence number, government identification card number, passport number, or other similar identifiers; (ii) any patient, medical records or other protected or regulated health information; (iii) any financial information (including bank account or payment card numbers) or any other information subject to regulation or protection under specific laws or regulations; or (iv) information defined as “personal information,” “personally identifiable information,” “personal data,” or similar expressions under applicable privacy laws or data security laws, including the Personal Data (Privacy) Ordinance.
“Receiving Party” has the meaning ascribed to it in Clause 14.1.
“Sanctions” means any sanctions laws, regulations, embargoes or restrictive measures as maybe amended and enacted from time to time by the United Nations, United States, the European Union or any such member state or their respective governmental authority or agency.
“Sanctions Authority” includes the United Nations, the United States, the European Union or any Member State thereof, the United Kingdom, Switzerland or the respective governmental authorities and agencies of any of the foregoing that is responsible for administering, enacting or enforcing Sanctions, including without limitation, OFAC, the US Department of State, the United Kingdom Treasury or the SECO.
“Sanctions List” Includes:
the Consolidated United Nations Security Council Sanctions List; (b) the Specially Designated Nationals and Blocked Persons List; (c) the Sectoral Sanctions Identification List maintained by the US Office of Foreign assets Control; (d) the Consolidated List of Persons, Groups and Entities subject to EU Financial Sanctions; (e) the Consolidated List of Financial Sanctions Targets; (f) Lists of persons subject to restrictive measures in view of Russia’s actions de-stabilising the situation in Ukraine maintained by the UK Treasury; (g) the Overall List of Sanctioned individuals, entities and organisations maintained by the Swiss State Secretariat for Economic Affairs; (h) Ordinance lists of the Swiss Federal Council; and (i) any such similar list maintained by or public announcement of sanctions made by any other Sanctions Authority.
“Services” means (i) the services provided through and on the Website, including those set out in Clause 4.1 and/or such other services as may be offered on the Website from time to time, and (ii) any other services provided by [FOMO Asia] and/or [BeWater] where these Terms are referenced or incorporated.
“Submission” means all code, information and associated materials submitted by a Participant in connection with a Hackathon.
“Submission Period” has the meaning ascribed to it in Clause 6.9.1.
“Third Party Components” has the meaning ascribed to it in Clause 15.1.
“Third Party Component Terms” has the meaning ascribed to it in Clause 15.1.
“Third Party Platform Terms” has the meaning ascribed to it in Clause 15.3.
“Ticketing Platform” refers to the relevant ticketing platform in respect of an Event, as designated by [FOMO Asia] in reference to such Event.
“Usage Data” has the meaning ascribed to it in Clause 10.3.
“USD” means United States Dollars, the lawful currency of the United States of America.
“Winner” has the meaning ascribed to it in Clause 6.9.11(a).
“your Likeness” has the meaning ascribed to it in Clause 10.4.1.
1.2.1 The terms defined in Clause 1.1 and elsewhere in these Terms will have the meanings therein specified for the purpose of these Terms. Any reference to a Clause in these Terms is a reference to a clause of these Terms.
1.2.2 Where applicable:
(a) “FOMO Asia” refers to [Blockbusters Lab Limited] and/or its related corporations, “BeWater” refers to [BeWater Tech PTE. LTD] and/or its related corporations and “we” shall refer to either or both of FOMO Asia and/or BeWater, as the context may require, and references to “us” and “our ”shall be construed accordingly; (b) references to the “Website” include all related applications and the Content and the Services, and references to “using” the Website include accessing and using the Content and the Services; (c) references to “Terms” are to these Terms of Service, as may be revised, amended or supplemented from time to time, which expression shall where the context so admits, include any one of them; and (d) the expression “written” or “in writing” means the representation or reproduction of words or symbols or other in-formation in a visible form by any method or combination of methods, whether sent or supplied in electronic form (including but not limited to, electronic mails) or otherwise.
1.2.3 In these Terms, any reference to any legal entity or individual person includes, where appropriate, a reference to its authorised agents, delegates, successors or nominees. Expressions in the singular form include the plural and vice versa.
1.2.4 No rule of law or interpretation to the effect that an ambiguity in a document is to be construed against the party drafting or preparing a document shall apply in respect of these Terms.
1.2.5 Any reference to any law, statute or regulation or enactment shall include references to any statutory modification or re-enactment thereof or to any regulation or order made under such law, statute or enactment (or under such a modification or re-enactment).
1.2.6 The headings used in these Terms are for convenience or reference only and are not to affect the construction of or to be taken into consideration in interpreting these Terms.
ABILITY TO ACCEPT THESE TERMS
2.1 You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
2.2 You affirm that you are not a citizen of, resident in, located in, incorporated in, owned or controlled by, acting on behalf or for the benefit of any person, or otherwise, in: (a) any country listed on any Sanctions List; and (b) any country or territory targeted by the Sanctions (as amended) which are administered, enacted or enforced by the Sanctions Authority.
2.3 In the event where you are found to be acting in contravention of Clause 2.2, FOMO Asia, BeWater and/or the Organising Partner(s) reserves the right to remove you from the Event and bar your participation in future Events.
3.2 Access to the Website
3.2.1 You are responsible for all access to the Website using your internet connection, even if the access is by another person.
3.2.2 We will use reasonable efforts to ensure that the Website is available at all times. However, we cannot guarantee that the Website or any individual function or feature of the Website will always be available and/or error free. The Website may be unavailable during periods when we are implementing upgrades or carrying our essential maintenance on the Website.
3.2.3 We make no promise that the materials on the Website (including any information and/or content on the Website) are appropriate or available for use in locations outside Hong Kong. Accessing the Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Website from elsewhere, you do so on your own initiative and are responsible for compliance with local laws.
3.3 Your use of the Website
3.3.2 You agree that you will not:
(a) use the Website for any fraudulent or unlawful purpose;
(b) use the Website to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;
(c) impersonate any person or entity, false state or otherwise misrepresent your affiliation with any person or entity in connection with the Website or express or imply that we endorse any statement you make;
(d) interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available or violate any requirements, procedures, policies or regulations of such networks;
(e) transmit or otherwise make available in connection with the Website any virus, worm or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;(f) reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Website, including any information of any or all Users obtained through the incidental use of the Website;
(g) modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website. If you wish to reverse engineer any part of the Website to create an interoperable program, you must contact us and we may provide interface data subject to verification of your identity and other information;
(h) remove any copyright, trade mark or other proprietary rights notice from the Website or materials originating from the Website;
(i) frame or mirror any part of the Website without our express prior written consent;
(j) create a database by systematically downloading and storing any content on the Website; and
(k) use any manual or automatic device in any way to gather content on the Website or reproduce or circumvent the navigational structure or presentation of the Website, except where our express prior written consent has been obtained. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials originating from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service.
3.3.3 We reserve the right to revoke these exceptions either generally or in specific instances.
3.3.4 Upon your use of the Website, you hereby acknowledge and agree that you will be solely responsible for understanding and complying with all legal obligations (including any employment or recruitment related legal obligations) applicable to you, and you are advised to seek independent legal advice. We will not be responsible for any legal obligations or liabilities that may arise from your use of the Website, including such obligations that may relate specifically to your use of the Services.
3.3.5 Without prejudice to the general nature of the foregoing, we reserve the right to revoke any access to the Website at any time at our sole discretion, except to the extent otherwise expressly and specifically agreed with you. If we terminate your access to the Website you will not have the right to bring claims against us or our affiliates with respect to such termination. We and our affiliates shall not be liable for any termination of your access to the Website.
3.4 Links to the Website
3.4.1 You may create a link to this Website, provided that:
(a) the link is fair and legal and is not presented in a way that is: (i) misleading or could suggest any type of association, approval or endorsement by us that does not exist; or (ii) harmful to our reputation or the reputation of any of our affiliates; and
(b) you retain the legal right and technical ability to immediately remove the link at any time, following a request by us to do so.
3.4.2 We reserve the right to require you to immediately remove any link to the Website at any time and you shall immediately comply with any request by us to remove any such link.
3.5 Collection of Personal Information.
4. SERVICES OF FOMO ASIA AND BeWater
FOMO Asia and/or BeWater provides the Services through and on the Website, which includes (but are not limited to):
4.1.1 planning and organising Events for Partners (as set out in Clause 5);
4.1.2 executing Events organised by Organising Partners;
4.1.3 hosting and/or executing Events (whether commissioned by Partners in accordance with these Terms or organised by Organising Partners) for Participants (as set out in Clause 6);
4.1.4 developing business acceleration and incubation programmes;
4.1.5 developing experiential and developer marketing programmes; and
4.1.6 assisting clients with technology and internal development.
4.2 Relationship between users. Partners and Participants shall perform all of their duties pursuant to each Event as independent contractors. Except as expressly provided herein, no user of the Website shall have the power to direct or control the daily activities of any other user of the Website, or to constitute between any users of the Website, a relationship as principal and agent, employer and employee, franchisor and franchisee, partners, joint-venture partners, co-owners, or otherwise as participants in a joint undertaking.
5. TERMS RELATING TO PARTNERS
5.1 The terms set out in this Clause 5 applies only to Users who are Partners.
5.2 The Partner understands, agrees and accepts that for each Event, the Partner shall enter into a separate Event Scope of Work with [FOMO Asia] and/or [BeWater] that is governed by and which incorporates these Terms. The Event Scope of Work together with these Terms (and in particular, this Clause 5), shall collectively form the binding individual service agreement between the Partner and [FOMO Asia] and/or [BeWater] (the “Event Service Agreement”) for that particular Event.
5.3 For the avoidance of doubt, each unique Event Scope of Work together with these Terms shall form separate Event Service Agreements between the Partner and [FOMO Asia] and/or [BeWater], and the terms of an Event Scope of Work agreed to by [FOMO Asia] and/or [BeWater] may exclude or amend the application of any of these Terms.
5.4 Service Limitations. The Partner understands and accepts that it does not have rights to the personal information of Participants collected by [FOMO Asia] and/or [BeWater] for any Event, except to the extent permitted under the applicable Terms for the Event and which may be subject to the necessary consents from such Participants being obtained. All Participants are required to enter into the relevant Participation Agreement, prior to their participation in any Event.
5.5 Reimbursable Out of Pocket Expenses. Expenses for costs that are not covered under the Event Scope of Work that are incurred by [FOMO Asia] and/or [BeWater]on behalf of the relevant Partner under an Event Service Agreement will be billed within fourteen (14) days from the Event end date in a separate invoice. All such costs shall be pre-approved by the Partner in writing.
5.6 Payment Terms. The Partner shall pay [FOMO Asia] and/or [BeWater]the full Event Service Fee within sixty (60) days from the date of issuance of the relevant invoice. All invoices will be sent within fourteen (14) days from the effective date of each signed Event Scope of Work.
5.7 Payment Currency. All payments due under each Event Service Agreement shall be paid in HKD.
5.8 Cancellation Notice. In the event of a cancellation of any Event Service Agreement by the Partner, a minimum notice period of thirty (30) days shall be given in writing to [FOMO Asia] and/or [BeWater]. Penalties for cancellation shall be included in the Event Scope of Work.
5.9 Pause/Hold in Services. All pause or delay in Services under any Event Service Agreement must be conveyed in writing by the relevant Party (or Parties) causing the pause or delay to the remaining Party (or Parties).
5.10 Term of Service. Subject to any delays caused by [FOMO Asia] and/or [BeWater], the Services to be provided under any Event Service Agreement shall have a validity of one (1) calendar year from the date of the relevant Event Service Agreement, unless any extension is otherwise agreed in writing by [FOMO Asia] and/or [BeWater]and the relevant Partner.
5.11 License. Each Party grants the other a non-exclusive, non-transferable, royalty-free personal sub-license to use its name, approved likeness, trademarks, service marks or logos, whether registered or not for advertising, publicity and promotional purposes for the Event (which shall include referencing the Event and the relevant other Party’s participation in the Event, both before and after the Event).
5.12 Ownership. [FOMO Asia] and/or [BeWater]acknowledges that it has no right, title or interest in any software, information, text, images, data, report, links, or other material, created by the Partner. The Partner retains all right, title and interest in such materials including all copyright, patent, trade secret and other proprietary rights worldwide.
5.13 Limited Warranty. [FOMO Asia] and/or [BeWater] warrants and represents that the Services will be performed by appropriately qualified and trained personnel and with due care and diligence and to a standard of quality as recognised in the industry and as reasonable to expect in the circumstances so as to meet any requirements as agreed by the parties. [FOMO Asia] and/or [BeWater] further warrants and certifies that in the performance of this Agreement, it will comply with all applicable laws, statutes, rules, regulations and orders.
5.14 Limitation of Liability. Each of [FOMO Asia] and [BeWater]’s sole liability (and the Partner’s sole and exclusive remedy) for any breach of the warranty under Clause 5.13 will be, at no charge to the Partner, for [FOMO Asia] and/or [BeWater]to use commercially reasonable efforts to correct the reported non-conformity, or if [FOMO Asia] and/or [BeWater]determines such remedy to be impracticable, either party may terminate these Terms and the Partner hereby agrees and accepts to receive as its sole remedy a refund of any fees which it has paid pursuant to the relevant Event Service Agreement. The limited warranty set forth in this Clause 5.14 will not apply unless the affected Partner makes a claim within thirty (30) days of the date on which it first noticed the non-conformity.
TERMS RELATING TO PARTICIPANTS
6.1 The terms set out in this Clause 6 applies only to Users who are Participants.
6.2 The Participant understands, agrees and accepts that for each Event, the Participant may be subject to separate Event Rules which will be published by [FOMO Asia] and/or [BeWater]or the relevant Organising Partner(s) and notified to the Participant in respect of each Event. The Event Rules together with these Terms (and in particular, this Clause 6), shall collectively form the binding individual participation agreement between the Participant and [FOMO Asia] and/or [BeWater] (the “Event Participation Agreement”) for that particular Event.
6.3 For the avoidance of doubt, each unique set of Event Rules together with these Terms shall form separate Event Participation Agreements between the Participant and [FOMO Asia] and/or [BeWater], and the terms of a set of Event Rules agreed to by [FOMO Asia] and/or [BeWater] may exclude or amend the application of any of these Terms.
6.4 By participating in the Event, you hereby fully and unconditionally agree to the terms and conditions that form each Event Participation Agreement, all official Event Rules and [FOMO Asia] and/or [BeWater]’s decisions, which are final and binding in all matters related to each Event.
6.5 Certain Events which are Hackathons may offer a prize to the Winner. Any award of a prize is at all times contingent upon the Winner having fulfilled all of his/her obligations set forth in the Event Participation Agreement. If you are ineligible or otherwise fail to comply with the Event Participation Agreement, you may be disqualified at the sole discretion of [FOMO Asia] and/or [BeWater]and/or the relevant Organising Partner(s). You are solely responsible for your own compliance with the eligibility criteria of each Hackathon.
6.6 Registration and Ticketing
6.6.1 By registering and purchasing tickets an Event, the User agrees, on your own behalf and on behalf of all persons for whom you are purchasing tickets, or who will be holding tickets purchased by you to be bound by these Terms (which, for the avoidance of doubt, incorporates the Event Rules in respect of Participants).
6.6.2 The purchase of tickets shall be carried out on the Ticketing Platform. [FOMO Asia] and/or [BeWater] may publish additional Documentation on the relevant Ticketing Platform in respect of the relevant Event.
6.6.3 To the extent permissible under applicable law, [FOMO Asia] and/or [BeWater] reserves the right to alter, add, withdraw or substitute any event details, including but not limited to, prices, discounts and/or its participant capacity without prior notice.
6.6.4 [FOMO Asia] and/or [BeWater] reserves the right to refuse admission to any User: (a) whose conduct is considered by [FOMO Asia] and/or [BeWater] and/or the Organising Partner(s) to be disruptive, unbefitting, or poses a threat to any person or service at the event; (b) who has been reasonably suspected to have obtained the ticket(s) by unlawful means; and/or (c) who is in possession of a ticket which is damaged, unreadable and/or blemished such that [FOMO Asia] and/or [BeWater] and/or the Organising Partner(s) are unable to ascertain the validity of such ticket.
6.7.1 All ticket prices are stated in HKD, unless otherwise specified by [FOMO Asia] and/or [BeWater] (whether on the Ticketing Platform or otherwise), and are subject to taxes, as applicable. Prices set out on the Ticketing Platform may be subject to change.
6.7.2 Users may make payment by way of the payment method(s) prescribed by [FOMO Asia] and/or [BeWater] from time to time on the relevant Ticketing Platform.
6.7.3 Unless expressly stated otherwise by [FOMO Asia] and/or [BeWater] (including on the Ticketing Platform), Users agree that the purchase of tickets are non-refundable, non-creditable and non-transferrable once purchased. Unless [FOMO Asia] and/or [BeWater] expressly declares and permits otherwise, all ticket payments made to [FOMO Asia] and/or [BeWater] shall be final. [FOMO Asia] and/or [BeWater] shall not be obligated to accept any requests by Users in relation to refunds or adjustments in price of past purchases.
6.7.4 Users may apply such promotion codes as may be made available by [FOMO Asia] and/or [BeWater] (including via the Ticketing Platform) from time to time. However, such promotion codes cannot be combined with any other discount or offers, unless otherwise expressly permitted by [FOMO Asia] and/or [BeWater].
6.7.5 In the unlikely event of cancellation of an Event, and notwithstanding anything to the contrary in this Agreement and to the extent permissible under applicable law, the liability of [FOMO Asia] and/or [BeWater] and/or the Organising Partner(s) to a Participant in respect of any tickets purchased for such Event shall be limited to the price actually paid for such tickets.
The following provisions in this Clause apply only to Events which are Hackathons:
6.8.1 The Participant and his/her Participant teammates (together, a “Hackathon Team”) must each agree to the Event Participation Agreement and meet the eligibility criteria contained in the Event Participation Agreement. If you are or a teammate is ineligible or otherwise fails to comply with this Participation Agreement, you or your team’s Submission may be disqualified from the corresponding Hackathon under the sole discretion of [FOMO Asia] and/or [BeWater] and/or the Organising Partner.
6.8.2 Participants are strictly not allowed to participate in more than one Hackathon Team and shall only participate in one Hackathon Team during the Hackathon. In the event where a Participant is found to be participating in more than one Hackathon Team, each of the Organising Partner(s) or [FOMO Asia] and/or [BeWater] is entitled, in its sole discretion, to disqualify said Participant and/or the Hackathon Team and their Submission from the Hackathon.
6.8.3 Without prejudice to Clause 6.8.2 above, [FOMO Asia] and/or [BeWater] and/or the Organising Partner reserves the right to remove or add Participants to a Hackathon Team as they deem necessary during the Hackathon.
6.8.4 For the avoidance of doubt, Hackathon mentors and judges are not allowed to enter any Submissions for a Hackathon for which they are a mentor and/or a judge for. Any Submissions from Hackathon mentors and/or judges will be disqualified by default.
The following provisions in this Clause apply only to Events which are Hackathons:
6.9.1 Submissions for a Hackathon may be entered at any time after the submission period begins and must be submitted before the submission period ends, as specified in the Event Rules (this time period is referred to herein as the “Submission Period”).
6.9.2 Each Hackathon Team may enter only one (1) Submission during the Submission Period. For purposes of making a Submission, each Hackathon Team shall designate one (1) Participant from such Hackathon Team as the representative of the Hackathon Team to make the Submission. Such Participant shall be deemed as the relevant entrant for such Submission, even if such Participant is part of a Hackathon Team. In the event of a dispute regarding any Submission, the authorised account holder of the email address used to register the Hackathon Team will be deemed to be the email address used to make the Submission. The “authorised account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organisation responsible for assigning email addresses for the domain associated with the submitted address. Each potential Winner may be required to show proof of being the authorised account holder.
6.9.3 Submissions received from any person or email address in excess of the stated limits will be void. Submissions generated by script, macro or other automated means are void.
6.9.4 Submissions are subject to review by [FOMO Asia] and/or [BeWater] and/or the Organising Partner. Instructions will be provided on how to check-in your Submission on the Event Website. The Organising Partner’s computer is the official time-keeping device for each Hackathon.
6.9.5 Participants and/or the Hackathon Team are strictly not allowed to make any changes or alterations to the Submission after the expiry of the Submission Period unless written consent is given by [FOMO Asia] and/or [BeWater] and/or the Organising Partner(s) to modify the Submission for purposes of removing or replacing material that potentially infringes a third-party Intellectual Property Right, discloses confidential information, or, is otherwise inappropriate, (“Permitted Modification”) provided always that the modified Submission must remain substantially the same as the original Submission with the only modification being the Permitted Modification.
6.9.6 By making your Submission via such channels as may be designated by [FOMO Asia] and/or [BeWater], the Participant agrees that it conforms to the submission guidelines and content restrictions as defined in Clause 6.9.7 below (collectively, the “Guidelines and Restrictions”) and that either [FOMO Asia] and/or [BeWater] or the Organising Partner(s) may disqualify the Participant and the Participant’s Submission from the Hackathon if it/they believe, in its/their sole discretion, that that Submission fails to conform to the Guidelines and Restrictions. Each Participant agrees to promptly adhere to any requests from [FOMO Asia] and/or [BeWater] and/or the Organising Partner(s) for further information or documentation for the purpose of verifying a Participant’s compliance with the Guidelines and Restrictions.
6.9.7 Each Submission must:
(a) adhere to the terms of the Event Participation Agreement;
(b) contain all submission requirements stated on the Event Participation Agreement;
(c) be in English or otherwise accompanied by an English translation of all materials included in the Submission, including but not limited to, demonstration videos, text descriptions and testing instructions;
(d) adhere to the fresh code rule, whereby all required items and code developed as part of the Hackathon and used in a Submission must be “fresh”, meaning that the required items and portion that is included in the main source code repository has been developed and written explicitly for each particular Hackathon and that all existing dependent libraries are equally available to all Participants. Before the start of any Hackathon, the Participant can create wireframes, designs and user flows, and for the avoidance of doubt, Submissions falling within the ambit of Clause 6.9.8 will be evaluated based only on the improvements and/or updates made to the relevant existing software and/or lines of code during the period commencing on the start date of the Hackathon, until the expiry of the Submission Period;
(e) where applicable, be denoted in such coding languages which use is permitted under the relevant Event Rules;
(f) be capable of being successfully installed and running consistently on the platform for which it is intended and must function as depicted in the video and/or expressed in the text description of the Submission;
(g) be available free of charge and without restrictions for purposes of testing, evaluation and use by the judges until the end of such judging period as may be determined by [FOMO Asia] and/or [BeWater] and/or the Organising Partner. If the Submission includes software that runs on proprietary or third-party hardware that is not widely available to the public, [FOMO Asia] and/or [BeWater] and/or the Organising Partner(s) reserves the right, at their sole discretion, to require the Participant and/or the Hackathon Team to provide physical access to such hardware upon request;
(h) include testing instructions for purposes of judging;
(i) not breach the terms and conditions of any embedded software or services used in the Submission;
(j) not contain any Harmful Code. “Harmful Code” means any computer programming code constructed with the intent or likelihood of damage to or interference with other computer programs, data files or hardware, without the knowledge or consent of the computer user, and includes self-replicating and self-propagating program instructions such as viruses, worms, Trojans, backdoors, or the like;
(k) not contain, depict or refer to any crude, vulgar, obscene, sexually explicit, disparaging, discriminatory, offensive, illegal or otherwise unsuitable language, activity or other content (determined at the discretion of [FOMO Asia] and/or [BeWater] or the Organising Partner);
(l) not contain text that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age (determined at the discretion of [FOMO Asia] and/or [BeWater] or the Organising Partner);
(m) not contain, depict or refer to any content which disparages or refers negatively [FOMO Asia] and/or [BeWater], the Organising Partner, the Hackathon, or any other person or entity affiliated with the promotion and administration of the Hackathon (all as determined at the discretion of [FOMO Asia] and/or [BeWater] or the Organising Partner);
(n) not contain any content that violates any law or regulations in any jurisdiction where the Submission is created or submitted to;
(o) not contain any content that violates any third party’s rights (including privacy, personality, moral or intellectual property rights, or that constitutes copyright infringement);
(p) not contain any information that is considered by the Participant, the Participant’s employer or any other third party to be confidential;
(q) have permission from all parties mentioned in the Submission (if any) to use their name and likeness in the Submission and to grant the rights set forth herein. If requested, permissions in a form acceptable to [FOMO Asia] and/or [BeWater] or the Organising Partner(s) must be produced;
(r) have permission from all persons, venues and/or entities who worked on or were engaged to work on or contributed in any respect to the Submission or any part thereof. If requested, permissions in a form acceptable to [FOMO Asia] and/or [BeWater] or the Organising Partner(s) must be produced;
(s) not feature brand names or trademarks other than the mark of the Organising Partner, which the Participant has a limited license to use to incorporate into his/her Submission for the relevant Hackathon;
(t) not have been previously entered into any other event, content or competition unless so disclosed in accordance with Clause 6.9.5;
(u) not have been previously published by any medium; and
(v) must be completed and submitted during the Submission Period and incomplete or late submissions may not be eligible for judging.
6.9.8 Submissions Developed Prior to the Hackathon. Participants and/or the Hackathon Team are allowed to utilise existing software or lines of code in their Submission, provided always that:
(a) software or lines of code used in a Submission shall be considered as existing prior to the Hackathon where such software or lines of code were developed prior to the start date of the Hackathon;
(b) the Participant and/or Hackathon Team notifies and discloses to the Organising Partner, all details of the existing software or lines of code used in their Submission and the source of such existing software or lines of code (including whether such was previously used in any other Hackathon or similar event); and
the Participant and/or a Participant in the relevant Hackathon Team owns the Intellectual Property Rights in the existing software or code used in the Submission.
6.9.9 Intellectual Property Rights to Submissions
(a) Without prejudice to the rights granted to [FOMO Asia] and/or [BeWater] and its successors under Clause 7.1.1, the treatment in respect of the Intellectual Property Rights to each Submission shall be as set forth in the Event Rules. In the absence of any such stipulation, the relevant Intellectual Property Rights shall be treated in accordance with applicable law.
(b) The Participant accepts and acknowledges that the Organising Partner(s) shall not be obligated to use the Submission and that the Organising Partner(s) in its sole discretion shall have the right to refrain from using the Submission. By entering this Participation Agreement, the Participant agrees that the Participant is in compliance with all of his/her employers’ rules, policies, and procedures that relate to accepting prizes (where relevant). The Participant shall indemnify [FOMO Asia] and/or [BeWater], the Organising Partner, and any licensee of the Organising Partner(s) against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these Terms.
(a) A panel of judges will evaluate Submissions after the Submission Period closes using the judging criteria that can be found in the relevant Event Rules. The list of judges will be uploaded to the relevant Event Website. Judges are subject to change at the Organising Partner’s sole discretion. A judge may elect to, or the Organising Partner(s) may require a judge to, recuse him or herself from evaluating a Submission, if, in the judge’s or the Organising Partner’s discretion, it would not be appropriate for the judge to evaluate a Participant’s Submission because of a past or current relationship with the Participant. Recusal decisions are final and not subject to appeal.
(b) Decisions of the judges are final and binding and not subject to review or appeal.
6.9.11 Winner Announcement and Verification
(a) The winner of a Hackathon (the “Winner”) will be announced after judging ends, with the identity of the Winner to be posted on the Event Website after confirmation of the Winner is complete. [FOMO Asia] and/or [BeWater] or the Organising Partner(s) may take any actions necessary to verify a Hackathon Team’s compliance with this Hackathon Participation Agreement, including a Submission’s compliance with the relevant Event Rules, before awarding a prize, including, without limitation, engaging a third-party vendor to evaluate the code and/or requiring a Hackathon Team to provide evidence of permission to use certain third-party materials. The Participant understands and acknowledges that even though the Participant and/or the Participant’s Hackathon Team may be announced as a Winner, if that Hackathon Team’s compliance with this Participation Agreement or the Hackathon Team’s Submission compliance with the relevant Event Rules cannot be verified to the satisfaction of the Organising Partner, the judges or [FOMO Asia] and/or [BeWater], then the Organising Partner, the judges, or [FOMO Asia] and/or [BeWater] will select an alternate Winner with the next highest score based on the same judging criteria.
(b) In the event of a tie between the scores of Submissions, the Submission with the higher score in the first applicable judging criterion will be considered the higher scoring Submission. In the event any ties remain, this process will be repeated, as needed, by comparing the scores on the next applicable criterion. If Submissions are tied on all applicable criteria, the Organising Partner, the judges and [FOMO Asia] and/or [BeWater] shall hold a further discussion to determine the treatment of such a tie, which may, at their discretion, involve an additional tie-breaker test, task or majority voting, or the splitting of the relevant prize.
(c) The Winner will be notified by email, mail or phone within thirty (30) working days of the completion of the judging process. Except where prohibited, each Winner will be required to provide the payment details required by [FOMO Asia] and/or [BeWater] within thirty (30) days of the date that notice or attempted notice is sent in order to claim his/her prize. If a Winner cannot be contacted within thirty (30) days of the date or notice or attempted notice, fails to provide any requested information within the required time period (if applicable), does not comply with the Event Rules, or the prize is returned as undeliverable, the Winner forfeits the prize. If a Winner is disqualified for any reason, the prize may be awarded to a runner-up determined by the qualified judges, at the Organising Partner’s sole discretion. Only three (3) alternate Winners may be determined (subject to the Organising Partner’s determination of whether there should be any alternate Winners), after which the applicable prize will remain un-awarded.
(d) Once the prize has been transferred or sent to the Winner in accordance with such payment details as provided by the Participant in Clause 6.9.11(c), the Winner shall be deemed to have accepted and received the prize (the “Acceptance”) and [FOMO Asia] and/or [BeWater] and the Organising Partner(s) shall be deemed to have discharged their obligation to deliver the prize to the Winner under this Agreement. For the avoidance of doubt, in respect of a Winner who was a Participant representing a Hackathon Team, it shall be the sole responsibility of such Winner to manage any collaboration or prize divisions among the other Participants of such Hackathon Team.
(e) The Acceptance of any prize shall constitute and signify the Participant’s agreement and consent that [FOMO Asia] and/or [BeWater], the Organising Partner(s) and their designees may use the Participant’s name, city, state, likeness, Submission and/or prize information in connection with the Hackathon for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law.
(f) Prizes will be fulfilled within eight to ten (8 -10) weeks after conclusion of the Hackathon.
(a) All prizes are stated in HKD, unless otherwise indicated by [FOMO Asia] and/or [BeWater] in the Event Rules. The actual value of electronic prizes is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the approximate retail value is estimated for and the date that such prize is received by the relevant recipient.
(b) Prizes are non-transferable and no substitution will be made except as provided herein at the Organising Partner’s sole discretion. Prizes not manufactured or sold by the Organising Partner(s) will be awarded without warranty of any kind, express or implied, without limitation. Prizes awarded will not in any way influence any decision in doing business with the Organising Partner. Prizes are not given in connection with or related to any sale or commercial transaction or promise related thereto.
(c) The Organising Partner(s) reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason.
(d) Each Hackathon’s Winner is responsible for all taxes and fees associated with prize receipt and/or use.
(e) A Winner who is a Government Entity shall not be eligible to receive a prize in monetary value and may instead receive a substitute prize at the discretion of the Organising Partner.
6.9.13 Limitations of Liability
(a) [FOMO Asia] and/or [BeWater] and the Organising Partner(s) are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof.
(b) [FOMO Asia] and/or [BeWater] and the Organising Partner(s) are not responsible for any unauthorised third-party use of any Submission.
(c) If by reason of a printing, typographical, technical, computer, network, human or other error, more prizes are claimed than the number set forth on the Event Website, [FOMO Asia] and/or [BeWater] reserves the right to allocate the available prizes at its discretion, and unless otherwise determined by [FOMO Asia] and/or [BeWater], no more than the advertised number of prizes will be awarded.
6.9.14 Specific Disclaimer. [FOMO Asia] and/or [BeWater] shall not be responsible for any delays, loss or damage resulting from any delay in crediting of prizes to the Participant as Winner, where such delay is not caused by or directly resulting from the fault or negligence of [FOMO Asia] and/or [BeWater].
(a) The Participant may be disqualified for any of the following actions, with or without warning, at the discretion of [FOMO Asia] and/or [BeWater] or the Organising Partner: (i) verbal abuse of another participant or Event staff; (ii) breach of this Participant Agreement or any other agreement entered into in connection with the Event; or (iii) violating the spirit of the Event. If [FOMO Asia] and/or [BeWater] or the Organising Partner(s) has reason to believe that the Participant has compromised the integrity or the legitimate operation of any Event, including, without limitation, by cheating, hacking, creating a malicious bot or other automated program, or by committing fraud in any way, the Participant may be required to discontinue participation in that Event. If staff of [FOMO Asia] and/or [BeWater] or the Organising Partner(s) has reason to believe that the Participant’s health is in danger, the Participant may be required to discontinue participation in the Event and be asked to seek immediate medical assistance.
(b) All disqualification decisions are final and not subject to appeal.
6.10 Cancellation, Suspension or Modification of the Event
[FOMO Asia] and/or [BeWater]and/or the Organising Partner(s) reserve the right to cancel, suspend and/or modify an Event, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the relevant Event, as determined by [FOMO Asia] and/or [BeWater] and/or the Organising Partner(s) in at their discretion without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in this Participation Agreement). In the event of cancellation, modification, or suspension, [FOMO Asia] and/or [BeWater] and/or the Organising Partner(s) may, at their sole discretion, reschedule the Event or determine the Winner from among all non-suspect, eligible Submissions received up to time of such action using the judging procedure outlined above. [FOMO Asia] and/or [BeWater] and/or the Organising Partner, at their discretion, reserve the right to disqualify any individual it finds to be tampering with the Submission process or the operation of the Event or to be acting in violation of the Event Rules of this or any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions. Any attempt by any person to deliberately undermine the legitimate operation of the Event may be a violation of criminal and civil law, and, should such an attempt be made, [FOMO Asia] and/or [BeWater] and/or the Organising Partner(s) reserve the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law. x[FOMO Asia] and/or [BeWater] and/or the Organising Partner’s failure to enforce any term of this Participation Agreement shall not constitute a waiver of that provision.
SUSPENSION OF SERVICE
In addition to any of [FOMO Asia] and/or [BeWater]’s other rights or remedies (including but not limited to any termination rights set forth herein), [FOMO Asia] and/or [BeWater] reserves the right to suspend a User’s access to the Services if: (i) such User’s outstanding invoices are thirty (30) days or more overdue; (ii) [FOMO Asia] and/or [BeWater] determines such User has carried out a material breach of these Terms; or (iii) [FOMO Asia] and/or [BeWater] determines that suspension is necessary to prevent harm or liability to other Users or third parties, or to preserve the security, stability, availability or integrity of the Services. [FOMO Asia] and/or [BeWater] will have no liability for taking action as permitted above in this Clause. However, unless these Terms have been terminated in respect of the User, [FOMO Asia] and/or [BeWater] will cooperate with such User to restore access to the Services once it verifies that the User has resolved the circumstance requiring suspension (in the case of a circumstance that is able to be resolved).
7.1 Licence to [FOMO Asia] and/or [BeWater]
7.1.1 To the extent permitted by applicable law, the User (whether as Partner, Participant or otherwise) hereby irrevocably accepts and grants to [FOMO Asia] and/or [BeWater] and its successors a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all Submissions for the following purposes: (a) providing the Services to the User; (b) reviewing of submitted content, for compliance against our Terms; (c) reviewing of submitted content, for compliance with applicable law; (d) promotional, marketing and advertising purposes; (e) backup and archival purposes; and (f) research and generation of reports.
7.1.2 For the avoidance of doubt, the User represents and warrants that all Submissions submitted on or otherwise hosted on the Website shall not infringe any third-party intellectual property rights, and the User agrees to indemnify [FOMO Asia] and/or [BeWater] to the extent as stated in Clause 8 below.
7.2 Storage by [FOMO Asia] and/or [BeWater]
In respect of a Hackathon, upon termination or completion of a Hackathon, the Submission submitted on the Event Website or to [FOMO Asia] and/or [BeWater] by any other means pursuant to the Hackathon may be stored by [FOMO Asia] and/or [BeWater] after such termination or completion of the Hackathon.
7.3 User Obligations
7.3.1 In General. Users will ensure that their use of each Service and all Submissions are at all times compliant with their privacy policies and all applicable local, state, federal and international laws, regulations and conventions, including, without limitation, those related to data privacy and data transfer, international communications, and the exportation of technical or personal data. Users are solely responsible for the accuracy, content and legality of all Submissions. Each User represents and warrants to [FOMO Asia] and/or [BeWater] that it has all necessary rights, consents and permissions to collect, share and use all Submissions as contemplated in these Terms (including granting all rights and licences as provided in this Clause 7.3.1), and that no Submission will violate or infringe (i) any third party intellectual property, publicity, privacy or other rights or (ii) any applicable laws.
7.3.2 No Personal Information. Each User acknowledges that the Services are not designed for use with (and do not require) Personal Information included in any Submission. If any User uses the Services to collect, store, process or transmit any Personal Information notwithstanding the foregoing, such User represents, warrants and undertakes to [FOMO Asia] and/or [BeWater] that it has obtained all necessary consent for such collection, storage, processing or transmission of the relevant Personal Information using the Services. [FOMO Asia] and/or [BeWater] will have no liability under these Terms for Personal Information included within any Submission, or any security incident or breach regarding such Personal Information, notwithstanding anything to the contrary herein.
7.3.3 Submission Guidelines. Users will not use the Services with any Submission that (i) is deceptive, fraudulent, illegal, obscene, defamatory, libellous, threatening, harmful to minors, pornographic, indecent, harassing, hateful, religiously, racially or ethnically offensive, that encourages illegal or tortious conduct or that is otherwise inappropriate in [FOMO Asia] and/or [BeWater]’s discretion; (ii) contains viruses, bots, worms, scripting exploits or other similar materials; or (iii) could otherwise cause damage to [FOMO Asia], [BeWater] or any third party.
7.3.4 Compliance with Applicable Laws. Each User represents, warrants and undertakes to [FOMO Asia] and [BeWater]that they will use the Website and the Services in compliance with all applicable laws and regulations, and will not use the Website and the Services to carry out or facilitate any illegal activity.
INDEMNITY AND EXCLUSION
8.1 Indemnification by Users
8.1.1 Without prejudice to any other provisions under these Terms, each User agrees to indemnify, defend and hold harmless each of [FOMO Asia] and [BeWater] and its directors, officers, employees, members, representatives, parent companies, subsidiaries, Affiliates, agents, partners, administrators, predecessor and successor entities and assigns (collectively, the “Indemnified Parties”) at all times and keep the Indemnified Parties indemnified against all actions, proceedings, losses (whether direct, indirect or consequential), loss of profit (whether revenue or anticipated profits), damages (whether in tort, contract or otherwise) taxes, expenses, costs, claims, demands and liabilities whatsoever (present, future, contingent or otherwise and including legal fees on a full indemnity basis) and howsoever arising, including without limitation claims made by third parties and claims for defamation, infringement of intellectual property rights, death, bodily injury, wrongful use of computers, unauthorised or illegal access to computers (including but not limited to hacking), property damage or pecuniary losses which may be sustained, suffered or incurred by the Indemnified Parties as a result of, arising from or in connection with the exercise of [FOMO Asia] and/or [BeWater]’s rights hereunder, each User’s use of the Website, Services, any equipment, facilities and property (including furniture) provided or accessible during an Event, whether or not such access or use was authorised or whether it was due to any act or omission on its part, the breach of these Terms by such User, the violation by such User of any rights of another person or entity or the breach by such User of any statutory requirement, duty or law.
8.1.2 In the event where the User is unable to provide consent or approval, the User agrees and authorises [FOMO Asia] and/or [BeWater] and/or the Organising Partner(s) to consent on their behalf in respect of any first-aid and/or medical treatment by local physicians and/or hospitals, including surgical procedures in cases of emergency. All costs incurred in connection with such treatment and/or emergency aid shall be solely borne by the User. This provision and the exercise of any rights thereof by [FOMO Asia] and/or [BeWater] and/or the Organising Partner(s) shall not in any way be construed as any admission of liability whatsoever by [FOMO Asia], [BeWater]or the Organising Partner(s).
Neither [FOMO Asia], [BeWater] nor any of its directors, officers, employees, members, representatives, parent companies, subsidiaries, Affiliates, agents, partners, administrators, predecessor and successor entities, assigns, contractors and suppliers shall be liable in contract, tort (including negligence or breach of statutory duty), strict liability or otherwise howsoever and whatever the cause therefor for any direct, indirect, punitive, incidental, special, consequential damages, losses, costs, expenses, liabilities of any nature whatsoever, including without limitation, damages for loss of use or data, loss of opportunity, loss of goodwill, loss of profits (whether revenue or anticipated profits) or losses to third parties, suffered or incurred by the User as a result of, arising out of or in connection with the use, performance or provision of the Services, including, without limitation, the following:
(a) any delay or inability to use the Website or Services;
(b) the provision or failure to provide the Website or Services;
(c) any information, data, software, products, services and related graphics obtained through the Website or Services; and
(d) any reliance on any statement, opinion, representation or information on the Website or Services.
OWNERSHIP AND INTELLECTUAL PROPERTY
10.1 Intellectual Property of [FOMO Asia] and/or [BeWater]
10.1.1 Any use of the Website and/or Services by you and any information properly given to you, whether relating to you or not, through your use of the Website and/or Services is granted subject to these Terms and pursuant to a limited, non-exclusive, non-transferable, non-sublicensable licence granted by [FOMO Asia] and/or [BeWater], and is revocable at any time at our sole discretion. Except for these rights expressly granted to you, these Terms do not grant you any rights or licence by implication or otherwise with respect to any part of the Website.
10.1.2 The Intellectual Property subsisting in the Website (including, for the avoidance of doubt and without limitation, any improvements, updates, upgrades, error-corrections or other modifications thereto, and any derivative work based thereon), belongs to or has been licensed by us unless specifically labelled otherwise. To the extent such Intellectual Property belongs to us, we retain all rights, title and interest to such Intellectual Property.
10.2.1 Without affecting the general nature of the previous Clauses, you agree that [FOMO Asia] and/or [BeWater] shall be the sole and exclusive owner of all rights to any and all feedback provided by you in relation to the Website or Services, and any ideas, inventions and/or improvements (whether protectable by any Intellectual Property protection or not) conceived or derived or resulting from such feedback or embodied therein (collectively, “Feedback”).
10.2.2 You hereby irrevocably assign to [FOMO Asia] and/or [BeWater] any and all rights that you may have in such Feedback, and to the extent such rights may not be assigned under applicable law, you hereby grant [FOMO Asia] and/or [BeWater] a royalty-free, perpetual, worldwide, exclusive, irrevocable licence to use such Feedback for any purpose, including commercial purposes.
10.3 Usage Data
Notwithstanding anything to the contrary herein, the User agrees that [FOMO Asia] and/or [BeWater] may obtain and utilise Personal Information and/or technical data about the User’s use of the Services (“Usage Data”) to analyse, improve, market, support and operate the Services and otherwise for any business purpose during and after the term of these Terms, provided that [FOMO Asia] and/or [BeWater] may only utilise such Personal Information and/or Usage Data, where such utilisation is non-personally identifiable with respect to the User.
10.4 Customer Portfolio and Representation
The User expressly agrees that [FOMO Asia] and/or [BeWater] may identify it by name and/or logo (where applicable) as a User of the Website and/or the Services on [FOMO Asia] and/or [BeWater]’s website and all other promotional materials utilised by [FOMO Asia] and/or [BeWater].
10.5 Videotaping and Still Photography:
10.4.1 In return for [FOMO Asia] and/or [BeWater] and the Organising Partner(s) permitting your participation in an Event, and for other good and valuable consideration the receipt and sufficiency is hereby acknowledged, you hereby agree and grant [FOMO Asia] and/or [BeWater] and the Organising Partner(s) (and each of their respective assigns, successors, parent, affiliated and subsidiary companies and their respective licensees), the irrevocable and perpetual right and license to videotape, record and photograph you and your appearance in connection with your participation in the relevant Event, including any and all performances, statements, compositions, stories (factual or fictional), or actions made by you, whether written, spoken, or otherwise expressed by you, or information given by you (collectively, the “Event Footage”), as well as your name, likeness, voice, photograph, and/or performance (collectively, “your Likeness”) and/or any portion thereof, regardless of whether or not you are recognisable, for any purpose whatsoever, including, without limitation, the production, distribution, exhibition, publishing, or other exploitation of the Event, in whole or in part, including, but not limited to, in connection with a program, podcast, advertising, promotion, marketing, merchandising, and publicity for [FOMO Asia] and/or [BeWater], the Organising Partner(s) and their Affiliates, in perpetuity, in any and all media, manners and formats.
10.4.2 You hereby further agree and accept that the Event Footage or any part thereof (including, without limitation, your Likeness) can be edited, cut, added to, adapted, dubbed, modified and/or rearranged at the sole and absolute discretion of [FOMO Asia] and/or [BeWater], the Organising Partner(s) or their Affiliates. Without limitation to the foregoing, you acknowledge that [FOMO Asia] and/or [BeWater], the Organising Partner(s) or their Affiliates may juxtapose any part of the Event Footage with any other part of the Event Footage and alter the sequence of events in the Event Footage. You hereby waive unconditionally and irrevocably the benefit of any provision of law known as “moral rights” or similar laws now or hereafter prevailing in any part of the world.
TERM AND TERMINATION
11.1.1 These Terms shall take effect from the Commencement Date and carry on until terminated (whether generally or in respect of a specific User or specific Users) in accordance with these Terms.
11.1.2 The term of any Event Service Agreement (where applicable) shall be from the date on which the Partner enters into the relevant Event Scope of Work with [FOMO Asia] and/or [BeWater] and shall terminate upon the completion of the relevant Event, or pursuant to Clause 11.1.4 (whichever is earlier).
11.1.3 The term of any Event Participation Agreement (where applicable) shall be from the date on which the Participant enters into the relevant Event Rules with [FOMO Asia] and/or [BeWater] and shall terminate upon the completion of the relevant Event, or pursuant to Clause 11.1.4 (whichever is earlier).
11.1.4 Except as otherwise agreed in writing by [FOMO Asia] and/or [BeWater], we may terminate or suspend all or part of the Services (including the corresponding Event Service Agreement or Event Participation Agreement, as the case may be) without prior notice or liability if you breach any of the terms or conditions of the Terms or any terms of a particular Event Service Agreement or Event Participation Agreement (as the case may be). We may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.
11.1.5 Any termination of these Terms shall be without prejudice to any rights or obligations (including in respect of any antecedent breaches) accrued prior to the date of such termination.
11.2 Effect of Termination
Upon termination of any Services in respect of a User, the User will, in respect of such terminated Services, immediately cease any and all use of and access to the Services (including any and all related [FOMO Asia] and/or [BeWater]). [FOMO Asia] and/or [BeWater] reserves the right to require that the User (where the User is a Partner) deletes (or, at [FOMO Asia] and/or [BeWater]’s request, returns) any and all copies of Submissions received from Participants, and generally any other [FOMO Asia] and/or [BeWater] Confidential Information in its possession. The User acknowledges that following termination it will have no further access to any Submission input into any Service, and that [FOMO Asia] and/or [BeWater] may delete any such data as may have been stored by [FOMO Asia] and/or [BeWater] at any time. Except where an exclusive remedy is specified, the exercise of either party of any remedy under these Terms, including termination, will be without prejudice to any other remedies it may have under these Terms, by law or otherwise.
12.1 Limited Warranty
12.1.1 [FOMO Asia] and/or [BeWater] represents and warrants that it has the power to enter into, exercise its rights and perform and comply with its obligations under these Terms, and that its entry into, exercise of its rights and/or performance of or compliance with its obligations under these Terms do not and will not violate, or exceed any power or restriction granted or imposed by (a) any law, regulation, authorisation, directive or order (whether or not having the force of law) to which it is subject, (b) its constitutive documents, where applicable or (c) any agreement to which it is a party or which is binding on it or its assets.
12.1.2 [FOMO Asia] and/or [BeWater]’s sole liability (and the User’s sole and exclusive remedy) for any breach of the warranty under Clause 12.1.1 will be, at no charge to the User, for [FOMO Asia] and/or [BeWater]to use commercially reasonable efforts to correct the reported non-conformity, or if [FOMO Asia] and/or [BeWater]determines such remedy to be impracticable, either party may terminate these Terms and the User hereby agrees and accepts to receive as its sole remedy a refund of any fees which it has paid for use of such Service in the six (6) months prior to the occurrence of such breach. The limited warranty set forth in this Clause 12.1 will not apply unless the affected User makes a claim within thirty (30) days of the date on which it first noticed the non-conformity.
12.2 Warranty Disclaimer
12.2.1 EXCEPT FOR THE LIMITED WARRANTY IN CLAUSE 12.1, ALL SERVICES AND THE WEBSITE ARE PROVIDED “AS IS”. NEITHER [FOMO ASIA] AND/OR [BeWater]NOR ITS AFFILIATES MAKE ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. [FOMO ASIA] AND/OR [BeWater] DOES NOT WARRANT THAT USERS’ USE OF ANY SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DOES [FOMO ASIA] AND/OR [BeWater] WARRANT THAT IT WILL REVIEW ANY SUBMISSION FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN ANY SUBMISSION WITHOUT LOSS. [FOMO ASIA] AND/OR [BeWater] WILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF [FOMO ASIA] AND/OR [BeWater]. USERS MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, WILL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.
12.2.2 [FOMO Asia] and/or [BeWater]reserves the right at all times to change any and all Content and to modify, suspend or stop providing access to the Website (or any features or functionality of the Website) and the Services at any time without notice and without obligation or liability to the Users. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us.
12.3 Specific Disclaimers
12.3.1 TO THE EXTENT PERMITTED BY LAW, [FOMO ASIA] AND/OR [BeWater]IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR ANY OTHER LOSS OR DAMAGE RESULTING FROM (I) THE TRANSFER OF DATA OVER PUBLIC COMMUNICATIONS NETWORKS AND FACILITIES, INCLUDING THE INTERNET, OR (II) ANY DELAY OR DELIVERY FAILURE ON THE PART OF ANY OTHER SERVICE PROVIDER NOT CONTRACTED BY US, AND THE WEBSITE USER ACKNOWLEDGES THAT THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. EACH USER ACKNOWLEDGES THAT [FOMO ASIA] AND/OR [BeWater]CANNOT GUARANTEE THE ABSOLUTE PREVENTION OF CYBER-ATTACKS SUCH AS HACKING, SPYWARE, AND VIRUSES. ACCORDINGLY [FOMO ASIA] AND/OR [BeWater] SHALL NOT BE LIABLE FOR ANY UNAUTHORISED DISCLOSURE, LOSS OR DESTRUCTION OF THE USER’S DATA ARISING FROM SUCH RISKS AS LONG AS SUCH RISK CANNOT BE ATTRIBUTED TO GROSS NEGLIGENCE OR WILFUL MISCONDUCT ON [FOMO ASIA] AND/OR [BeWater]’S PART.
12.3.2 [FOMO Asia] and/or [BeWater]shall not be responsible for any delays, loss or damage resulting from any delay in crediting of prizes to the Participant as Winner, where such delay is not caused by or directly resulting from the fault or negligence of [FOMO Asia] and/or [BeWater].
LIMITATION OF REMEDIES AND DAMAGES
13.1 Limitation of Liability
13.1.1 Without prejudice to exclusions and limitations of liability of [FOMO Asia] and/or [BeWater]under these Terms, and to the extent permitted by law, in no event will [FOMO Asia] and/or [BeWater]or its officers, directors, agents, and employees, be liable to any User under these Terms or otherwise, regardless of the form of claim or action in respect of any User for an amount that exceeds the amount of fees paid to [FOMO Asia] and/or [BeWater] in connection with such use of the Website or Services pursuant to these Terms in the six (6) months preceding the relevant breach.
13.1.2 In no event will [FOMO Asia] and/or [BeWater] or its officers, directors, agents, and employees, be liable to the User for consequential, exemplary, incidental, or indirect damages or costs (including legal fees and expenses) or loss of goodwill or profit in connection with the use of the Website or these Terms, even if [FOMO Asia] and/or [BeWater] has been advised of the possibility of such damages or costs. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so this paragraph may not apply to you.
13.1.3 WITHOUT PREJUDICE TO EXCLUSIONS AND LIMITATIONS OF LIABILITY OF [FOMO ASIA] AND/OR [BeWater] UNDER THESE TERMS, BUT ONLY TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, [FOMO ASIA] AND/OR [BeWater] AND THE ORGANISING PARTNER(S) SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, INJURY, OR ANY OTHER CLAIM OF WHATEVER NATURE SUFFERED BY ANY PERSON IN ATTENDANCE AT ANY PHYSICAL EVENT, AND TO THE FULLEST EXTENT POSSIBLE, ANY AND ALL CLAIMS FOR INJURY, LOSS, OR DAMAGE SUFFERED AT SUCH EVENT SHOULD BE DIRECTED TOWARDS THE OWNER AND/OR OPERATOR OF THE RELEVANT PHYSICAL VENUE(S) WHERE THE EVENT IS HELD. [FOMO ASIA] AND/OR [BeWater] AND THE ORGANISING PARTNER(S) EXPRESSLY DISCLAIM ALL LIABILITY FOR ACTIONS, OMISSIONS, OR CONDUCT BY SUCH OWNER(S) AND OPERATOR(S) OR ANY OTHER THIRD PARTIES.
13.1.4 [FOMO Asia] and/or [BeWater] and the Organising Partner(s) are not responsible for: (1) any incorrect or inaccurate information, whether caused by printing, typographical, omission or other errors or by any of the equipment or programming associated with or utilised in the Event; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorised human intervention in any part of the Submission process (in the case of Hackathons) or the Event; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Event, the uploading, the processing or judging of Submissions (in the case of Hackathons), the announcement of the prizes or in any Event-related materials; (5) late, lost, undeliverable, damaged or stolen Submissions (in the case of Hackathons); or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the Participant’s participation in the Event or receipt or use or misuse of any prize (including any travel/activity related thereto). 13.2 Nature of Claims and Failure of Essential Purpose To the extent permitted by law, you agree that the waivers, disclaimers and limitations specified in these Terms apply regardless of the form of action, whether in contact, tort (including negligence), strict liability or otherwise and will survive and apply even if any limited remedy specified in these Terms is intended to apply in respect of non-performance of a condition.
14.1 Unless otherwise specified in these Terms, an Event Service Agreement or an Event Participation Agreement, each party (as “Receiving Party”) agrees that all code, inventions, know-how, business, technical and financial information it obtains from the disclosing party (the “Disclosing Party”) constitute the confidential property of the Disclosing Party (“Confidential Information”), provided that it is identified as confidential at the time of disclosure or should be reasonably known by the Receiving Party to be confidential or proprietary due to the nature of the information disclosed and the circumstances surrounding the disclosure.
14.2 Any [FOMO Asia] and/or [BeWater] intellectual property, performance information relating to any Service, and the terms and conditions of these Terms will be deemed Confidential Information of [FOMO Asia] and/or [BeWater] without any marking or further designation.
14.3 Except as expressly authorised herein, the Receiving Party will (a) hold in confidence and not disclose any Confidential Information to third parties and (b) not use Confidential Information for any purpose other than fulfilling its obligations and exercising its rights under these Terms.
14.4 The Receiving Party may disclose Confidential Information to its employees, agents, contractors (including but not limited to cloud and hosting service providers) and other representatives having a legitimate need to know (including, for [FOMO Asia] and/or [BeWater], its subcontractors), provided that such representatives are bound to confidentiality obligations no less protective of the Disclosing Party than this Clause 14.4 and that the Receiving Party remains responsible for compliance by any such representative with the terms of Clause 14.
14.5 The Receiving Party’s confidentiality obligations under this Clause 14.5 will not apply to information that the Receiving Party can document:
14.5.1 was rightfully in its possession or known to it prior to receipt of the Confidential Information;
14.5.2 is or has become public knowledge through no fault of the Receiving Party;
14.5.3 is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation;
14.5.4 is independently developed by employees of the Receiving Party who had no access to such information; or
14.5.5 in respect of information on the Website, any information found on parts of the Website which are publicly accessible.
14.6 The Receiving Party may make disclosures to the extent required by administrative or judicial process, applicable law, or court order, provided the Receiving Party notifies the Disclosing Party in advance and cooperates in any effort to obtain confidential treatment.
14.7 The Receiving Party acknowledges that disclosure of Confidential Information would cause substantial harm for which damages alone would not be a sufficient remedy, and therefore that upon any such disclosure by the Receiving Party the Disclosing Party will be entitled to seek appropriate equitable relief in addition to whatever other remedies it might have at law.
15. THIRD PARTY COMPONENTS AND PLATFORMS
15.1 You acknowledge that parts of the Website (including the Content and the Services) may include Open Source Software and materials licensed from third parties (“Third Party Components”) and that such third parties may be third party beneficiaries to these Terms with the ability to directly enforce the provisions pertaining to their Third Party Components. You shall comply with the additional licence terms, restrictions and conditions (including notices) pertaining to Third Party Components or which [FOMO Asia] and/or [BeWater] otherwise makes available to you (“Third Party Component Terms”). Third Party Component Terms may have additional rights and requirements which apply to the Third Party Components, and these Terms are offered by [FOMO Asia] and/or [BeWater] alone and do not limit the rights that may be granted in those Third Party Component Terms. However, you shall notify [FOMO Asia] and/or [BeWater] before attempting to modify any Third Party Components, and our support, warranty and indemnification obligations (if any) do not apply where Third Party Components have been modified.
15.2 The Website may contain links to other sites, platforms and resources provided by third parties (which are not Designated Third Party Platforms), and these links are provided for your convenience only. [FOMO Asia] and/or [BeWater] has no control over the contents of those sites, platforms or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of such third party sites, platforms or resources, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
15.3 In respect of any links to third party sites, platforms or resources specifically designated (whether through redirection or specific reference) by [FOMO Asia] and/or [BeWater] in connection with the provision of any of the Services (such as Ticketing Platforms) (“Designated Third Party Platforms”), each User agrees and acknowledges that, such Designated Third Party Platforms may have its own terms and conditions to be complied with for the access and/or use of such Designated Third Party Platforms (“Third Party Platform Terms”). Each User agrees to comply with such Third Party Platform Terms, and [FOMO Asia] and/or [BeWater] shall not under any circumstances be responsible for ensuring your with such Third Party Platform Terms.
16. GENERAL TERMS
16.1 Assignments and Transfers Users shall not, without the prior written consent of [FOMO Asia] and/or [BeWater], assign, transfer, or sub-contract these Terms and/or any of your rights or obligations under these Terms, and any unauthorised assignment shall be null and void. Scroll and Newman may, at any time, freely assign, transfer or sub-contract these Terms or any or all of its rights or obligations under these Terms.
16.2 Severability If any provision of these Terms or part thereof is rendered void, illegal or unenforceable by any legislation to which it is subject, it shall be rendered void, illegal or unenforceable to that extent and no further.
16.3 Communications General questions and communications regarding the Website and any notices to [FOMO Asia] and/or [BeWater] regarding these Terms should be made to email@example.com. [FOMO Asia] and/or [BeWater] may contact and notify you at the email address you have provided to us. You are required to keep your contact information current.
16.4 Amendments [FOMO Asia] and/or [BeWater] may at any time give Users notice of any amendment, variation, revision, supplement or any other charge to these Terms by publishing an updated version of these Terms, through a notification by e-mail or such other means as [FOMO Asia] and/or [BeWater] shall deem fit. Changes shall take place on and from the date specified, on and from the date of such notice and shall apply to all use of [FOMO Asia] and/or [BeWater]’s Website and Services. Without prejudice to the foregoing, the continued use of the Website and/or acceptance of [FOMO Asia] and/or [BeWater]’s Services after such change shall be deemed as acceptance and agreement to the same from the relevant User.
16.6 Entire Agreement These Terms and the documents referred to in it supersede all previous Terms between the parties (if any), and each party acknowledges that in agreeing to enter into these Terms, it has not relied on any representation, warranty, or any other assurance except those set out in these Terms.
16.7 Force Majeure
16.7.1 [FOMO Asia] and/or [BeWater] shall not be in breach of these Terms, nor be liable for any failure or delay in the performance of any other obligations under these Terms arising from or attributable to acts events, omissions, accidents beyond its reasonable control, including but not limited to any of the following: (a) acts of God, including but not limited to fire, flood, earthquake, windstorm or other natural disaster; (b) war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions; (c) terrorist attack, civil war, civil commotions or riots; (d) nuclear, chemical or biological contamination or sonic boom; (e) fire, explosion or accidental damage; (f) collapse of building structures, failure of plant machinery, machinery, computers or vehicles; (g) interruption or failure of utility service, including but not limited to electric power, gas or water; (h) any labour disputes, including but not limited to strikes, industrial action or lockouts; (i) any interruption to the Website or Services outside the reasonable control of [FOMO Asia] and/or [BeWater]; and/or (j) acts of any government or authority.
16.7.2 In the event that any such delay or non-performance continues for a period in excess of one hundred and twenty (120) days, [FOMO Asia] and/or [BeWater] shall have the right to terminate these Terms by giving the User fourteen (14) days’ notice in writing prior to such termination without affecting any rights accruing prior to such termination.
16.8 Relationship of parties Nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship between [FOMO Asia] and/or [BeWater] and the User. No party pursuant to these Terms has authority to enter into agreements of any kind on behalf of the other and no party shall be considered the agent of the other.
16.9 Remedies No remedy conferred by any of the provisions of these Terms is intended to be exclusive of any other remedy which is otherwise available at law, in equity, by statutes or otherwise and each and every other remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law, in equity, by statute or otherwise. The election of any one or more of such remedies by a party hereto shall not constitute a waiver by such party of the right to pursue other available remedies. No failure on the part of a party hereto to exercise, and no delay in exercising any right under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right under these Terms preclude any other or further exercise of any right thereof or of the exercise of any other right.
16.10 No Waiver of Rights A failure or delay in exercising any right, power or privilege in respect of these Terms will not be presumed to operate as a waiver, and a single or partial exercise of any right, power or privilege will not be presumed to preclude any subsequent or further exercise of that right, power or privilege or exercise of any other right, power or privilege.
16.11 Governing Law and Arbitration
16.11.1 These Terms will be governed and construed in accordance with the laws of Hong Kong Special Administrative Region of People’s Republic of China.
Any dispute, controversy or claim arising out of or relating to these Terms, including any question regarding the existence, validity, interpretation, performance, breach or termination thereof (including whether such controversy or claim is arbitrable) or any dispute regarding non-contractual obligation arising out of or relating to it shall be first settled through friendly discussions and negotiation between the parties.
In the event that no settlement is reached within thirty (30) days from the date of notification by a party to the other party that it intends to submit a dispute, controversy or claim to arbitration, then such dispute, controversy or claim shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (“HKIAC”) under the HKIAC Administered Arbitration Rules in force, and the arbitral award shall be final and binding on all parties. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one (1), who shall be jointly appointed by the parties. If the parties fail to agree on the appointment of the arbitrator within one (1) month from the date of the notice of arbitration, then HKIAC shall appoint an arbitrator. The arbitration proceedings shall be conducted in English.
Terms & Conditions
Ethereum Hong Kong 2023
Terms & Conditions