Terms of Service

Terms of Service

 

Please read these terms of service carefully, as they contain important information about your rights and obligations. Your privacy is paramount to us. Our privacy policy, which is also available on our website and accessible here Privacy Policy, shows you how we protect your privacy and use information about you.

  1. Introduction
    1. Please read these terms of service and our privacy policy carefully before using the website (www.touchalife.hk) which is operated by Touch A Life Foundation Hong Kong Limited, a company incorporated in Hong Kong (with number 2712578), limited by guarantee and registered as [a charity] with the Hong Kong Inland Revenue Department (with number [*]) ('Touch A Life', 'our', 'we' or 'us').
    2. By accessing or using www.touchalife.hk ('our website') (whether you register to use our Services or not), you agree to be legally bound by these terms of service and our privacy policy, as they may be modified and posted on our website from time to time.
    3. If you do not wish to be bound by these terms of service or our privacy policy, then you may and should not use our website.
  2. Touch A Life platform
    1. Touch A Life is a social enterprise whose aim is to improve the health and education of underprivileged children in India, in particular by connecting donors with schools and their students, with a view to creating a healthy, educated and employable work force who can enjoy equal opportunity in society and the economy.
    2. Currently, our website achieves this aim by providing an online platform through which corporate donors can be connected with schools and their students and, working with Touch A Life, donors and schools can develop projects funded by donors that the schools really need. After a project is developed and approved by a donor, with the help of Touch A Life, and a vendor of the agreed goods or services, also registered on and connected via our website, has provided such goods or services to the school, the donor will pay the vendor directly outside the website. Evidence of delivery of goods or services to a school will be uploaded on our website for viewing by a corporate donor.
    3. The services provided by Touch A Life via our website ('Services') are described in more detail on our website. The website provides information about Touch A Life, the projects funded by the use of the Services and you, being the organisations and people who have registered to be involved in achieving our aims, including, on the beneficiary side, schools and their teachers and students and, on the donor side, Touch A Life staff, volunteers, health professionals, vendors, NGOs and donors (whether corporate or non-corporate).
    4. Please note that our website is available only to corporate or non-corporate persons who can form legally binding contracts under applicable law. Although the general information on our website is suitable for users of any age, you must be over 18 years to use the Services and, when payments via our website are permitted, the payment methods displayed on our website.
  3. Using the Services on our website
    1. To use our Services you will need to follow the procedures set out on our website.
    2. Details of the procedures for requesting, choosing, developing, supplying goods or services to or funding projects and, when permitted, making donations are or will be displayed on our website.
    3. Any times or dates stated in relation to our Services are estimates only. We will make all reasonable efforts to provide Services within the time specified, but we do not accept liability for any failure to deliver within that time.
    4. When donations can be made via our website, permitted payment methods will be specified on our website.
    5. We try to ensure that the information on our website about projects, their funding goals and the amounts which they need or have received to date is accurate, but sometimes there may be a delay in updating this information, or funding goals for a project may change. On rare occasions, a project may become ineligible for funding after we have received a funding commitment or donation from a donor. If this happens we may contact the donor to ask for the donor's preference for which project to reallocate the donor's funds to, but we reserve the right to distribute any funding or donation to other projects in our absolute discretion.
    6. We are entitled to refuse to process any funding commitment or donation made by a donor. If a funding commitment or donation is accepted, we will confirm acceptance to the donor by emailing to the email address given when you register on our website.
    7. You undertake and represent that all details you provide to us or for your minor son(s) or daughter(s) for the purpose of using the Services offered on our website will be correct, that any project requested by you as a school is genuinely needed, that any goods or services you agree to provide as a vendor can be supplied by you (in the required quantity, of the required quality and within the required timetable), that any funding or donation provided by you as a donor is your own and that you have sufficient funds to cover any funding or donation you agree to provide as a donor.
  4. No advice
    1. We do not provide accounting, tax or financial advice services and you should not rely on any information given on our website to determine the accounting, tax or financial consequences of providing funding or making a donation using our Services.
  5. Changes to our website
    1. We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our website or the content or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content, shall be subject to these terms and conditions.
    2. Please note that although we try to ensure that the content of our website is accurate, it may contain typographical errors or other inaccuracies.
  6. Information you provide to us
    1. Our privacy policy explains how we may use any personal information you provide to us when using our website. By accepting these terms of service, you also accept and agree to our privacy policy.
    2. In addition, the following terms also apply to all messages, emails, bulletin boards postings, ideas, photographs, suggestions, concepts or other material submitted by you to us ('Content'):
      • you must own or have the right to submit Content for publication on our website and all Content submitted by you must be legal, honest, decent and truthful and comply with all applicable laws, regulations, standards and/or codes of practice;
      • you must ensure that all Content submitted to us does not infringe the copyright, design, privacy, publicity, data protection, trade mark or any other rights of any third party, nor be obscene, abusive, threatening, libellous or defamatory of any person or be otherwise unlawful;
      • you must ensure that the Content does not advertise or otherwise solicit for funds and is not a solicitation for goods or services (other than encouraging other users of the website to provide funding or make donations using the Services); and
      • we have the right to monitor Content and may edit, reject or remove Content if we believe it does not comply with the above and, in particular, we reserve the right to block incoming or uploading emails, comments and other Content if we believe that their content is or may be inappropriate or otherwise does not comply with the above.
    3. You grant us a non-exclusive, irrevocable, royalty free, worldwide licence to publish all Content that you upload on our website or submit to us for publication. You have sole responsibility for the Content which you submit to us and you shall indemnify and shall keep us fully and effectively indemnified on demand from and against all actions, claims, losses, liability, proceedings, damages, costs, expenses, loss of business, loss of profits, business interruption and other pecuniary or consequential loss (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of the publication of Content submitted by you to us.
    4. If you breach these terms of service then your permission to use this website terminates immediately. We retain the right to deny access to our website any person when we reasonably believe they have failed to comply with these terms of service.
  7. Security
    1. You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, email verification and password that may be given to you or selected by you for use on our website. You may not share these with or transfer them to any third parties. You must notify us immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention, at info@touchalife.hk.
    2. This site is as secure as we can reasonably make it using encryption technology and adopting security and anti-virus practices routinely used and adopted as a matter of good practice. However, you should understand that every internet site, and any computer that connects to the internet, as well as all internet communication, is susceptible to attack by computer hackers and viruses. We will do all we reasonably can to protect this site and all internet communications passing between Touch A Life and you, but we cannot be held responsible for:-
      • any losses fairly attributable to your failure to take reasonably precautions to prevent interception of or interference with any such communications (including, without limitations) failure to use and keep up to date firewalls and anti-virus software on your own computer; or
      • any losses arising from fraudulent or unauthorised use of any form of payment.
  8. Applicability of online materials
    1. Unless otherwise specified all content and materials published on our website are presented solely for your private, personal and non-commercial use.
    2. Our website is controlled and operated by Touch A Life in Hong Kong or by agents or contractors that may be appointed by us from time to time. Where content published on the website is supplied by third parties, including other persons registered to use our website, you understand that we do not control or endorse such content in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published online or offline) and the use of such content, except for content which relates directly to products you purchase from us. You assume total responsibility and risk for your use of our website and use of all information contained within it.
    3. We take reasonable care to ensure that Touch A Life complies with applicable laws of Hong Kong and India. We make no representations that the materials on our website are appropriate or available for use in locations outside Hong Kong or India. Those who visit our website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of our website and/or viewing of it, or use of any material or content on our website or services, or products offered through our website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use our website and you must exit immediately.
    4. Touch A Life makes no representations and gives no warranties, express or implied that making the Services available in any particular jurisdiction outside Hong Kong or India is permitted under any applicable laws or regulations. Accordingly, if making the Services or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Services are not offered to you. You accept that if you are resident outside Hong Kong or India you must satisfy yourself that you are lawfully able to use the Services.
  9. Copyright and monitoring
    1. The contents of our website are protected by international copyright laws and other intellectual property rights. The owner of these rights is Touch A Life or other third party licensors. All product and company names and logos mentioned in our website are the trademarks, service marks or trading names of their respective owners, including us.
    2. You may download material from our website for the sole purpose of using our Services. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, for any other purpose except where expressly permitted to do so.
  10. Linked sites
    1. Touch A Life makes no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from Touch A Life and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that we endorse or accept any responsibility for the content, or the use of, such a website and we shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or webmaster.
  11. Availability of our website and the Services
    1. We will try to make our website available but cannot guarantee that our website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.
    2. We may limit our website's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
    3. Touch A Life may, in its sole discretion, terminate your access to or use of our website and/or the Services, at any time and for any reason or no reason, including if Touch A Life believes that you have violated or acted inconsistently with the letter or spirit of these terms of service. Upon any such termination, your right to use our website will immediately cease. You agree that any termination of your access to or use of our website may be effected without prior notice, and that Touch A Life may immediately deactivate or delete your user ID and password and all related information and files associated with such credentials and/or bar any further access to such information or files. You agree that Touch A Life shall not be liable to you or any third party for terminating your access lawsuit website and/or the Services. Nor shall Touch A Life have any obligation to make information or files associated with our website available to you after any such termination.
  12. Liability
    1. We promise that our Services will be provided with reasonable skill and care.
    2. We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to our Services, our website or any information provided through our website.
    3. We will take reasonable care to ensure that all materials and information published on our website are accurate, but please note that all content, materials and information on our website are provided on an 'as is' basis and you assume total responsibility and risk for your use of our website and use of all information contained within it.
    4. We accept no liability for any indirect or consequential loss or damage, or for any direct or indirect loss of data, profit, revenue or business in each case, however caused, even if foreseeable. This means that we will not pay damages for any losses that are not directly associated with an incident that causes you to claim against us. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or its contents, then we do not accept any liability for this loss or damage whether due to inaccuracy, error, omission or any other cause and whether on the part of Touch A Life or our servants, agents or any other person or entity.
    5. If we are liable to you for any reason, our liability will be limited to the amount of any funding or donation you provided using the Services. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or for our fraudulent misrepresentation.
    6. You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
    7. Touch A Life accepts no liability in respect of any transaction that you may enter into with any third party, including (without limitation) any purchase by you as a donor of goods and/or services from a vendor for delivery to a school.
    8. The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.
  13. General
    1. We may, but you may not, assign any rights and/or transfer, subcontract or delegate any obligations under these term wrong service, and/or charge or deal in any other manner with these terms and conditions or any of our respective rights or obligations. Any purported assignment, transfer, sub-contracting, delegation, charging or dealing in contravention of this clause 13.1 shall be ineffective. These terms of service are personal to you and are entered into by you for your own benefit and not for the benefit of any third party.
    2. We may alter these terms of service from time to time and post the new version on our website, following which all use of our website will be governed by that version. You should check the terms and conditions on the website regularly.
    3. These terms of service together with our privacy policy, and any funding or payment method instructions, are the whole agreement between you and Touch A Life. These terms of service may, however, be superseded by expressly designated legal notices or terms located on other particular pages of our website. You acknowledge that you have not entered into this agreement in reliance upon any statement, warranty or representation made by Touch A Life or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these terms and conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in these terms of service or our privacy policy.
    4. If any provision of these terms of service shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such provision shall be divisible from the other provisions and shall be deemed to be deleted from them.
    5. hese terms of service and your use of our website are governed by Hong Kong law and you submit to the non-exclusive jurisdiction of the Hong Kong courts.
    6. Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right.
    7. These terms and conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Ordinance.
  14. Complaints and reporting faults or misuse
    1. If you have any complaints, please contact us by email at info@touchalife.hk or by calling us on 852 9041 6535 or 91 9850 8633 69.
    2. If you wish to report any technical problems with our website or misuse by other users, please contact us by email at support@touchalife.hk or by calling us on 91 9327 6064 61 or contacting us by text message on 91 9327 6064 61.
  15. Notices
    1. All notices shall be given:
      • to us, by email at info@touchalife.com or by post to Touch A Life Foundation Hong Kong Limited at [*] Hong Kong; or
      • to you, to either the email address or the postal address you provide when registering to use our website.
    2. Notice will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or three days after the date of posting.
  16. Replacement
    1. These terms of service replace all other terms of service previously applicable to the use of our website.
Version : V3 - 02 Jul 2019 12:21:17

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