Please read these terms of service carefully, as they contain important information about your rights and obligations, in connection with both:-
1.2 Our website is operated by Touch A Life Foundation Hong Kong Limited, which is a company incorporated in Hong Kong (with Registration number - 2712578), is limited by guarantee. Touch A Life Foundation Hong Kong Limited is in process of obtaining Exemption under section 88 of the Hong Kong Inland Revenue Ordinance (IRD)" ('Touch A Life', 'our', 'we' or 'us').
1.3 The expression 'Services' is defined in paragraph 2.4 below.
2. Touch A Life's aims and the Services
2.1 Touch A Life is a social enterprise whose aim is to improve the health and education of underprivileged children, 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.
2.2 Currently, we achieve this aim in the following way:-
(a) We operate our website as an online platform through which any person willing to provide funding (a 'Donor') can be connected with a school (a 'School') and its managers (each a 'Manager'), teachers (each a 'Teacher') and students (each a 'Student') and those students parents or other guardians (each a 'Guardian').
(b) Working with us, such Donor(s) and such School can develop projects funded by such Donor(s) that such School really needs (a 'Project').
(c) After a Project is developed and approved by one or more Donor(s), with our help, and a vendor of the agreed goods or services (a 'Vendor'), also registered on and connected via our website, has provided such goods or services to the School, the Donor(s) will pay such Vendor directly outside our website. Evidence of delivery of goods or services to a School will be uploaded on our website for the Donor(s) to see.
(d) The development and implementation of a Project will be assisted by charitable institutions and other the staff of non-governmental organisations (each an 'NGO') and individual unaffiliated volunteers (each a 'Volunteer').
(e) Touch A Life itself has no employed staff, so Touch A Life will from time to time engage independent service providers (each a 'Service Provider') to provide services to Touch A Life, including in relation to:-
in each case doing so through staff employed by the Service Provider.
(f) From time to time, Touch A Life will invite key individuals to accept a role as an unremunerated provider of advisory services to Touch A Life, for the purpose of providing to Touch A Life the benefit of their experience and expertise in, for example, the legal, accounting, financial, logistical, managerial or charitable fields, (each an 'Adviser'). Each Adviser shall alone be entitled to determine the scope of the advice or assistance (if any) that he, she or it is prepared to provide in relation to any given matter and the timetable, method of delivery and detail by reference to which such advice or assistance is provided.
(g) Donors, Schools, Managers, Teachers, Students, Guardians, Vendors, NGOs, Volunteers, Service Providers, Advisers and other persons accessing our website are collectively referred to in these terms of service as 'Participants' and each is individually referred to as a 'Participant' or, when accessing our website, 'you'.
2.3 Our website may later provide opportunities for Donors (whether corporate or non-corporate) to make tax-efficient charitable donations online to Touch A Life to fund Projects, but for now the platform will operate, and the Services will be arranged and provided, as described in 2.2 above.
2.4 The services arranged by Touch A Life for the benefit of Schools in relation to Projects, both via our website and directly outside our website amongst Participants, are referred to in these terms of service as 'Services'.
2.5 Our website also provides information about Touch A Life, the Projects funded by the use of the Services and all the Participants from time to time.
2.6 Please note that our website is available only to corporate or non-corporate persons who can form legally binding contracts under applicable law. Accordingly, although the general information on our website is suitable for users of any age, you must be over 18 years to use, or participate in the provision of, the Services and, when payments via our website are permitted, the payment methods displayed on our website.
3. Using the Services
3.1 To use, or participate in the provision of, the Services, you will need to follow the procedures set out in these terms of service and otherwise on our website.
3.2 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.
3.3 Any times or dates stated in relation to the Services are estimates only. We will make all reasonable efforts to arrange the provision of Services by Participants within the time specified, but we do not accept liability for any failure to deliver within that time.
3.4 When donations can be made via our website, permitted payment methods will be specified on our website.
3.5 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 a Donor has made a funding commitment or donation. If this happens, we will contact the Donor to agree with the Donor to which Project (if any) the Donor's funds should be reallocated.
3.6 If a Donor wishes to fund a particular Project, and we and the relevant School have agreed to that, such Donor will commit to fund that Project through our website, after logging in by use of that Donor's user name and password.
3.7 Each Participant undertakes and represent that all details which that Participant provides to us for the purpose of using, or participating in the provision of, the Services will be correct.
4.1 Schools, Managers, Teachers, Students and Guardians
Each School undertakes and represents that any Project requested by such School is genuinely needed. Each School, Manager, Teacher, Student, Guardian and other Participant understands and accepts that the role of Touch A Life is as a facilitator of each Project, by way of introducing Participants to each other, and that Touch A Life shall neither be liable to provide any funding for any Project, which shall be the sole responsibility of the relevant Donor(s), nor be liable for the provision of any goods or services to any Project or the successful development or completion of any Project, which shall be the sole responsibility of the relevant Vendor(s) and other Participants, in each case irrespective of any actual or alleged negligence, so long as Touch A Life acts in good faith. Each School shall be solely responsible for the ensuring the legality, honesty, decency, appropriateness, correctness and accuracy of all content on its School Microsite.
Each Vendor represents and undertakes that any goods or services which such Vendor agrees to provide can be supplied by that Vendor in the required quantity, of the required quality and within the required timetable. Each Vendor understands and accepts that Touch A Life shall neither be liable for payment for any goods or services supplied by such Vendor, which shall be the sole responsibility of the relevant Donor(s), nor be liable to procure the acceptance by any School of such goods or services or the provision of access to any School's premises or the co-operation or assistance of Managers, Teachers, Students or Guardians for the purpose of the successful development or completion of any Project, in each case irrespective of any actual or alleged negligence, so long as Touch A Life acts in good faith. Each Vendor shall contract solely (i) with one or more Donor(s) as payer of the price for any goods or services and (ii) with the relevant School for the acceptance of any goods or services or the completion of any Project.
Each Donor represents and undertakes that it will, when required, provide any funding committed by it to a Project and that any such funding will come from the Donor's own lawfully obtained money and that it has sufficient funds to cover any funding committed by it to a Project. Each Donor understands and accepts that Touch A Life shall have no liability to such Donor for the performance by any Vendor, School or other Participant in connection with the Project to which such Donor commits or provides any funding, irrespective of any actual or alleged negligence, so long as Touch A Life acts in good faith.
4.4 NGOs and Volunteers
Each NGO and each Volunteer represents and undertakes that the provision of its, his or her services to a Project shall be without remuneration or expense reimbursement. Each NGO and each Volunteer understands and accepts that Touch A Life shall have no liability to such NGO or Volunteer for any such remuneration or expense reimbursement or for any injury, loss or expense suffered or incurred by such NGO or Volunteer in connection with any Project, irrespective of any actual or alleged negligence, so long as Touch A Life acts in good faith.
4.5 Service Providers
For each service for which a Service Provider is engaged by Touch A Life, that Adviser will agree with Touch A Life, and record in writing, the scope of such service, the personnel to work on providing such service, the amount (or formula for determining the amount) of the fee to be paid for such service, the nature and amount of expenses which may be incurred on a reimbursement basis in relation to such service, the time(s) for payment of such fee and/or reimbursement of such expenses, the timing for completion of such service and any other term to be agreed in relation to such service (the 'Terms').
Subject to what is specifically agreed in such Terms in relation to a specific service, the legal relationship between each Service Provider, as a Participant, and Touch A Life shall be governed by these terms of service and, in particular, each Service Provider shall:-
Except as provided in the relevant Terms, Touch A Life shall have no liability to any Service Provider or other Participant in relation to the provision by such Service Provider of any services, irrespective of any actual or alleged negligence, so long as Touch A Life acts in good faith.
Each Adviser, whether an individual acting in his or her personal capacity or a business organization acting as such, shall be invited in writing by Touch A Life to become an Adviser and, given that such Adviser shall provide his, her or its time and the benefit of his, her or its experience and expertise without remuneration, such Adviser shall have no liability to Touch A Life or any other Participant in relation to the provision by such Adviser of his, her or its time, experience and/or expertise for the benefit of Touch A Life or any Participant, irrespective of any actual or alleged negligence, so long as such Adviser acts in good faith.
4.7 All Participants
Touch A Life does not provide accounting, tax or financial advice. Accordingly, no Participant should rely on any information given on our website to determine the accounting, tax or financial consequences of using, or participating in the provision of, the Services and each Participant understands and accepts that Touch A Life shall have no liability for any such consequences, irrespective of any actual or alleged negligence, so long as Touch A Life acts in good faith.
5. Changes to our website
5.1 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.
5.2 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. Use and confidentiality of information on our website
6.2 In addition, the following terms apply to all messages, emails, bulletin boards postings, ideas, photographs, suggestions, concepts or other material submitted by you as a Participant to us ('Content'):
(a) 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, appropriate, correct and accurate and comply with all applicable laws, regulations, standards and/or codes of practice;
(b) 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;
(c) 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 our website to provide funding or make donations using the Services); and
(d) 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.
6.3 Each Participant grants us a non-exclusive, irrevocable, royalty free, worldwide licence to publish all Content that such Participant uploads on our website or submits to us for publication. Each Participant has sole responsibility for the Content which such Participant submits to us and such Participant 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 such Participant to us.
6.4 Each Participant agrees that it shall:-
6.5 If any Participant breaches these terms of service then such Participant's permission to use this website or to use, or participate in the provision of, the Services terminates immediately. We retain the right to deny access to our website by any person when we reasonably believe that person has failed to comply with these terms of service.
7.1 Each Participant is solely responsible in all respects for all use of, and for protecting the confidentiality of, any username, login details, email verification or password that may be given to such Participant or selected by such Participant for use on our website. No Participant may share these with or transfer them to any third parties. Each Participant must notify us immediately of any unauthorised use of them or any other breach of security regarding our website that comes to such Participant's attention, at email@example.com.
7.2 Our website 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, each Participant 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 our website and all internet communications passing between us and Participants, but we cannot be held responsible for:-
(a) any loss fairly attributable to any Participant's failure to take reasonable precautions to prevent interception of or interference with any such communications, including (without limitation) failure to use and keep up to date firewalls and anti-virus software on any Participant's own computer; or
(b) any loss arising from fraudulent or unauthorised use of any form of payment.
8. Applicability of online materials
8.1 Unless otherwise specified, all content and materials published on our website or any School Microsite or other website linked to our website are presented solely for Participant's private, personal and non-commercial use in connection with the provision of the Services and the aim of Touch A Life.
8.2 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 our website is supplied by third parties, including other persons registered to use our website, each Participant understands 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 on or offline) or the use of such content. Each Participant assumes total responsibility and risk for such Participant's use of our website or any linked website and use of all information contained within it.
8.3 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 or any linked website are appropriate or available for use in locations outside Hong Kong or India. Those who visit our website or any linked website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of our website or any linked website and/or viewing of it, or use of any material or content on our website or any linked website or the Services, or products offered through our website or any linked website are contrary to or infringe any applicable law in any other jurisdiction(s) applicable to a Participant's use of our website or any linked website, such Participant is not authorised to view or use our website or any linked website and such Participant must exit immediately.
8.4 Touch A Life makes no representations and gives no warranties, express or implied that making the Services available or participating in the provision of the Services in any particular jurisdiction outside Hong Kong or India is permitted under any applicable laws or regulations. Accordingly, if making the Services available or participating in the provision of the Services in any other jurisdiction(s) applicable to a Participant's use of our website or the Services or participation in the provision thereof (by reason of nationality, residence or otherwise) is prohibited, use of our website or the Services or participation in the provision thereof is not offered to you. Each Participant accepts that, if such Participant is resident outside Hong Kong or India, such Participant must be satisfied that such Participant is lawfully able to use our website and the Services or participate in the provision thereof.
9. Copyright and monitoring
9.1 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.
9.2 Any Participant may download material from our website for the sole purpose of using, or participating in the provision of, the Services. However, no Participant may 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 (without limitation) 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
10.1 Touch A Life makes no representations whatsoever about any other websites which may be accessed through our website or which may link to our website, including each School Microsite. When any Participant accesses any other website, such Participant understands that such website is independent from Touch A Life and that we have no control over the content or availability of such 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
11.1 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. No Participant may attempt to interfere with the proper working of our website and, in particular, no Participant may attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.
11.2 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.
11.3 Touch A Life may, in its sole discretion, terminate any Participant's access to or use of our website and/or the Services and/or participation in the provision thereof, at any time and for any reason or no reason, including if Touch A Life believes that such Participant may have violated or acted inconsistently with the letter or spirit of these terms of service. Upon any such termination, such Participant's right to use our website or the Services or participate in the provision thereof will immediately cease. You agree that any termination of your access to or use of or participation in the provision of our website or the Services 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 to our website and/or the Services and/or participation in the provision thereof. Nor shall Touch A Life have any obligation to make information associated with our website available to you after any such termination.
12.1 We promise that the Services, to the extent provided by us, will be provided in good faith. For this purpose, each Participant understands and accepts that the role of Touch A Life is limited to allowing access to this website and acting as a facilitator of each Project, by way of introducing Participants to each other, as explained in more detail in section 4 above.
12.2 We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the Services, our website or any information provided through our website.
12.3 We will act in good faith with a view to ensuring 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.
12.4 Accordingly, except for its liability to pay remuneration and/or reimburse expenses to a Service Provider as provided in the Terms applicable to any service performed by a Service Provider, Touch A Life shall have no liability to any Participant on any ground whatsoever, irrespective of any actual or alleged negligence by Touch A Life, so long as Touch A Life acts in good faith.
12.5 In no circumstances does Touch A Life accept any 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 loss that is 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.
12.6 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.
12.7 Touch A Life accepts no liability in respect of any transaction that any Participant may enter into with any other Participant or person other than Touch A Life.
12.8 The limitations and exclusions in this clause 12 do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.
13.1 We may, but you may not, assign any rights and/or transfer, subcontract or delegate any obligations under these terms of service and/or charge or deal in any other manner with these terms of service 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.
13.2 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 or the Services or participation in the provision thereof will be governed by that version. You should check the terms of service on our website regularly.
13.4 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.
13.5 These terms of service and your use of our website or the Services or participation in the provision thereof are governed by Hong Kong law and you submit to the non-exclusive jurisdiction of the Hong Kong courts.
13.6 Failure or delay by Touch A Life or any Participant in enforcing an obligation or exercising a right under these terms of service does not constitute a waiver of that obligation or right.
13.7 These terms of service do not confer any rights on any person or party (other than Touch A Life and any Participant) pursuant to the Contracts (Rights of Third Parties) Ordinance.
14. Complaints and reporting faults or misuse
14.1 If you have any complaints, please contact us by email at firstname.lastname@example.org
14.2 If you wish to report any technical problems with our website or any linked website or misuse by other users, please contact us by email at email@example.com or by calling us on 91 9327 6064 61 or contacting us by text message on 91 9327 6064 61.
15.1 All notices shall be given:
(a) to us, by email at firstname.lastname@example.org or by post to Touch A Life (Hong Kong) Limited at Unit 37, Boulevard Du Palais The Beverly Hills, No.23 Sam Mun Tsai Road, Tai Po, Hong Kong; or
(b) to you, to either the email address or the postal address you provide when registering to use our website.
15.2 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.
16.1 These terms of service replace all other terms of service previously applicable to the use of our website or the Services.
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