Terms & Conditions

Hong Kong Institute of Chief Executives

Requirements for using the HKICE website

The website is provided by the Hong Kong Institute of Chief Executives (HKICE) a registered limited by guarantee, non-profit professional body in Hong Kong. The HKICE is the pre-eminent professional body for CEOs in Hong Kong and across the globe.  Individual CEOs gain membership of the HKICE through their practical experience as CEO or equivalent position. Your use of the HKICE website is subject to the following terms and conditions (Terms), which you are deemed to accept by using the website. If you are not prepared to accept these Terms, you should not use the website or you may be required to cease using the website.

1. Rights

1.1 The software that runs the Website is owned by us and/or our licensors. Save to the extent expressly permitted by applicable laws, you must not copy, modify, download, distribute or de-compile that software without the consent of the HKICE.

1.2 By accessing the website, you agree that you will access its contents solely for your own personal, professional, but non-commercial, use.  You may download, view, store and print off the whole or any part of the website (other than any restricted information) in accordance with these Terms.  You may not use the Website or any material contained herein for any other purpose.  Where you download, store or print off any of the contents of the Website, you must ensure that our copyright notice appears on such content.

1.3 Unauthorised access to or use of the website is prohibited.  Unauthorised access to, or misuse of, a computer constitutes an offence under the Computer Misuse Act 1990. You must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt the website or any computer system, server, router or any other internet-connected device associated with the website.

1.4 Subject to clause 4.2, the copyright and all other intellectual property rights in any and all of the content and material of whatever form contained in the website (including, but not limited to, the organisation, layout, information, photographs and graphical images) is owned by the HKICE and/or our licensors.  In particular the HKICE logo and name are our registered trademarks and may not be reproduced or used without our express prior written permission.

1.5 We reserve the right, at our discretion, to withdraw, suspend or modify the website or certain features or parts of the website with or without notice to you, where we have reason to do so.  There may also be times when the website or certain features or parts of the website become unavailable, whether on a scheduled or unscheduled basis.  You agree that we will not be liable to you or to any third party for any withdrawal, modification, unavailability, suspension or discontinuance of the website or any service available on or through the website.

1.6 We reserve the right to vary or amend these Terms from time to time without prior notice. Any changes will take effect upon posting to the website. If you do not agree to any change to these Terms, you must immediately stop using the website.

1.7 It is our policy to virus check documents and files before they are posted on the website.  However, we cannot guarantee that documents or files downloaded from the website will be free from viruses and we do not accept any responsibility for any damage or loss caused by any such virus.  Accordingly, for your own protection, you must use virus-checking software when using the website.  You must not post, or otherwise provide to us via the website, any document or file which you believe may contain a virus.

2. Your Warranties

2.1 You warrant that:

2.1.1 you will only use the Website in accordance with these Terms and only for lawful purposes and in a lawful manner;

2.1.2 all emails, comments, discussion posts, blogs, news postings, information, documents, files or any other material that you intend to post to the website or provide to us via the website (Contributions) do not contravene any applicable local, national or international laws or regulations or contravene any person's legal rights, is not offensive or defamatory, is true, accurate, current and complete in all respects and that you will notify us immediately of any changes to that information, document or file;

2.1.3 you will not transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam) via the website;

2.1.4 you will not knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; and

2.1.5 you will not collect information about users, including email addresses, without their prior written consent.

3. Contributions

3.1 You are solely responsible for your Contributions and you shall ensure that your Contributions do not:

3.1.1 contain any material which is defamatory of any person;

3.1.2 contain any material which is obscene, offensive, hateful or inflammatory;

3.1.3 promote sexually explicit material;

3.1.4 promote violence;

3.1.5 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

3.1.6 infringe any copyright, database right or trade mark of any other person;

3.1.7 be likely to deceive any person;

3.1.8 be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

3.1.9 promote any illegal activity;

3.1.10 be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;

3.1.11 be likely to harass, upset, embarrass, alarm or annoy any other person;

3.1.12 be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

3.1.13 give the impression that they emanate from us, if this is not the case; or

3.1.14 advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

3.2 You retain the ownership rights in your Contributions and grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, trademarks, database rights and intellectual property rights you have in the Contributions, in any media known now or in the future.  In addition, you waive all moral rights you have in the Contributions to the fullest extent permitted by law.  You represent and warrant that you are entitled to grant such a license to us.

3.3 You agree to indemnify us for any cost, expenses, damages or liabilities we incur due to your use of the website or otherwise relating to any of your Contributions.  We reserve the right to remove or edit any Contributions as we see fit, without warning and without being required to provide reasons, and/or to make such information available to regulatory bodies or law enforcement authorities.  Our decision on this shall be final.  Further, we reserve the right to suspend or terminate, or bar an individual’s access to, all or part of the Website, should there be evidence that any of these Terms have been infringed.

3.4 We shall not be liable to you for any loss you may incur as a result of us taking any of the actions described in clause 3.3 above, nor for the actions or inactions of other users, including anything contained in your or any third party’s Contributions.

4. Online Privacy

4.1 We respect your privacy and will only process information about you in accordance with our online privacy policy.  By using the website, you consent to such processing and you warrant that all data provided by you is accurate.

5. Third Party Sites

5.1 The hkice.org.hk site may contain links to third party resources on the Web. We do not endorse, approve or sanction (unless otherwise stated) nor are we responsible for any third party's products, services, acts or omissions. There is no association or connection between us and the third party (unless otherwise stated) save for the provision of the link. We do not act in partnership with nor as agent for or on behalf of the third party to whom we provide links. Accordingly, neither party may incur any debt or liability on behalf of the other party.

6. Disclaimer

6.1 The Hong Kong Institute of Chief Executives does not accept any liability or make any endorsements, guarantees or undertakings relating to the content of advertisements or reader offers which may be displayed on, accessed by links, or referred to on hkice.org.hk.

7. Limitation of Liability

7.1 We shall not be liable to you for any communication sent by email which is either received late or not received at all.

7.2 Whilst we endeavour to ensure that information on the hkice.org,hk site is correct, we shall not be liable for any damages arising from the use or inability to use the hkice.org.hk site or any information contained on it or from any action or decision taken as a result of using the hkice.org.uk site or any such information. To the maximum extent permitted by applicable law we disclaim liability for all implied or statutory warranties and conditions. To the maximum extent permitted by applicable law, in no event shall we, nor our employees, affiliates, agents or other representatives, be liable for any special, indirect or consequential damages whatsoever including without limitation damages for loss of profits, loss of confidential or other information, business interruption arising from or in connection with the use of the hkice.org.hk site. We do not exclude liability for death or personal injury.

8. Entire Agreement Clause

8.1 These Terms, together with any Contract and the documents referred to in them contain the whole agreement (Agreement) between the parties and supersedes any previous agreements between the parties relating to the subject matter of the Agreement.

8.2 Each party acknowledges that in agreeing to enter into the Agreement it has not relied on any representation, warranty or other assurance except those set out in the Agreement.

8.3 Each party waives all rights and remedies which, but for this clause 8, might otherwise be available to it in respect of any such representation, warranty or other assurance.

9. Force Majeure

Neither party shall be liable to the other for any delay or non-performance of its obligations under the Agreement arising from any cause or causes beyond its reasonable control including, without limitation, any of the following:

(a) act of God, governmental act, war, fire, flood, explosion, civil commotion, armed hostilities, act of terrorism, revolution;

(b) blockade, embargo, strike, lock-out, sit-in, industrial or trade dispute to the extent to which those things do not involve employees of the party claiming relief,

(c) adverse weather or disease;

(d) act or intervention of a competent judicial or regulatory authority;

(e) any event (including, without limitation, any act or omission of any third party) beyond its reasonable control which could not reasonably be planned for or avoided.  Subject to the party so delaying promptly notifying the other party in writing of the reason for the delay and the likely duration of the delay, the performance of the delaying party's obligations, to the extent affected by the delay, shall be suspended during the period that the cause persists.

10. General

10.1 You agree to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers harmless immediately on demand, from and against all liability, damages, losses, costs and expenses, including legal fees, arising out of any breach of the Agreement by you or other liabilities arising out of your use of the website and/or Services.

10.2 You may access the website and use the Services from anywhere in the world; however, the Agreement shall apply regardless of how and from where you access the website or place orders for the Services.

10.3 You must be legally capable of entering into a binding contract to use the Website and/or the Services offered by us.

10.4 If any part of the Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect:

(a) the legality, validity or enforceability in that jurisdiction of any other part of the Agreement; or

(b) the legality, validity or enforceability in other jurisdictions of that or any other part of the Agreement.

10.5 A person who is not a party to the Agreement may not enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.

10.6 The rights of each party under the Agreement:

(a) may be exercised as often as necessary;

(b) are cumulative and not exclusive of rights or remedies provided by law; and

(c) may be waived only in writing and specifically.

Delay in exercising or non-exercise of any such right is not a waiver of that right.

10.7 Nothing in the Agreement shall be deemed to constitute a partnership between us and you, nor constitute either party the agent of the other party for any purpose.

10.8 You and we agree that the Agreement shall be governed by the laws of Hong Kong. Any dispute arising between you and us in relation to the Websites and/or Services shall be governed by the laws of Hong Kong and you submit to the exclusive jurisdiction of the Courts of Hong Kong for the purposes of any such dispute. We do not make any promise that the materials on the hkice.org.hk site are appropriate or available for use in locations outside Hong Kong and using the hkice.org.hk site from territories where its use or material or contents is unlawful is prohibited.