TERMS OF USE
(ONLY IN ENGLISH)
The Lo Kwee Seong Foundation (“LKSF”, “we”, or “us”) maintains the Site for the purpose of providing information about LKSF. We provide our content and services to you on this website (the “Site”) subject to the following terms and conditions (the “Terms”). By using the Site, and any service, application, component, functionality, or program funded by LKSF, you are agreeing to the Terms. Please read them carefully before using the Site. Should you have any questions concerning the Terms, please contact the Foundation Office at
By visiting the Site, you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by the Terms. The Site is available to the general public, in particular anyone who is interested in the philanthropic and community work funded by LKSF.
We reserve the right, at our sole discretion, to change, modify or otherwise alter the Terms at any time. You can find the most recent version of the Terms on the Site. Such modifications shall become effective immediately upon our posting. Therefore, we encourage you to check the date of the Terms whenever you visit the Site to check if they have been updated. You must review the Terms on a regular basis to keep yourself apprised of any changes. If you do not agree to the revised Terms, your sole recourse is to immediately stop all use of the Site. Your continued use of the Site following the posting of modifications will constitute your acceptance of the revised Terms. Should you have any questions regarding the use of the Site, please contact us at
General
We control and operate the Site from Hong Kong. We make no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Please refer to our Privacy Policy for information on how we collect, use and disclose personally identifiable information from its users.
Your Obligations
To use the Site, you will not be required to register or create an online account with LKSF. By using the Site, you represent and warrant that:
1. All of your personal identifiable information provided (if any) is true, accurate and complete.
2. You accept all responsibility for all activity that occurs under your name.
3. Any breach or suspected breach of any of the above representations or warranties may result in immediate termination of your use of the Site. You agree to immediately notify us of any unauthorized use of your personal identifiable information with respect to the Site or any other breach of security. We cannot and will not be liable for any loss or damage arising from any unauthorized use of your personal identifiable information.
Copyrights
All content on the Site and/or on e-mails distributed to you from LKSF, including text, graphics, logos, button icons, and images, and the selection and arrangement of such content is the exclusive property of LKSF or its licensors and is protected by Hong Kong and international copyright laws. All rights not expressly granted are reserved.
You will not be entitled to posting any contents on the Site.
Trademarks
The trademarks, service marks, designs, and logos (collectively, the “Trademarks”), if any, displayed on the Site and/or on emails sent to you are the registered and unregistered Trademarks of LKSF. Your use of the Trademarks displayed on the Site, except as provided in these Terms, is strictly prohibited.
Community Guidelines
Any comments or materials sent to LKSF (via any medium including e-mail and regular mail) including feedback data, such as questions, ideas, comments, suggestions, or the like regarding the Site or any other services, events or programs of LKSF (collectively “Feedback”), shall be deemed to be non-confidential and shall become the sole property of LKSF. You hereby assign all rights in the Feedback to LKSF, and LKSF shall have no obligation of any kind with respect to such Feedback. Without limiting the foregoing, LKSF shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation, without acknowledgment or compensation to you. Further, you expressly waive any rights you may have in such Feedback.
By using the Site, you represent and warrant that you will not:
1. use the Site to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user’s use of the Site;
2. use the Site to promote bigotry or discrimination against protected classes;
3. use the Site to post content in exchange for rewards or incentives or offer rewards or incentives for positive reviews;
4. use the Site to transmit or post spam, junk email, surveys, or other mass messaging, whether commercial in nature or not;
5. use the Site to transmit or post pornography or illegal content;
6. use the Site to solicit personal information from minors or to harm or threaten to cause harm to minors;
7. use the Site to publicize private information, e.g. the phone number or physical address of an individual;
8. use the Site to post reviews unrelated to the nonprofit’s work or performance of its services;
9. use the Site to post negative reviews with second-hand information; or
10. use the Site in violation of the Terms or any applicable law.
11. Enforcement of the users’ content or conduct rules set forth in the Terms is solely at LKFS’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any Content that is prohibited by such rules.
Use of Site
You may use or download material displayed on the Site for non-commercial, personal use only. If you download the material, you must retain all copyright and other proprietary notices displayed on the materials. Except as otherwise expressly permitted by these Terms or with LKSF’s prior written consent, you may not: (i) collect, use, copy or distribute any portion of the Site; (ii) resell, publicly perform or publicly display any portion of the Site; (iii) modify or otherwise make any derivative uses of any portion of the Site; (iv) use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology which perform similar functions to access, acquire, copy, or monitor any portion of the Site; (v) use the Site in a manner which results in the depletion of web site infrastructural resources; (vi) download (other than page caching) any portion of the Site or any information contained therein; or (vii) use the Site other than for their intended purposes. LKSF reserves the right to refuse service, and terminate Site usage if we believe that your conduct violates the Terms.
Third Party Sites and Content
We may host or provide links to web pages, web sites and other content of third parties (“Third Party Sites and Content”). The inclusion of any link or the hosting of any content is provided solely as a convenience to our users, including you, and does not imply affiliation, endorsement, approval, control or adoption by us of any web site or any information or content contained therein. We make no claims or representations regarding and accept no responsibility for such Third Party Sites and Content, or for the quality, accuracy, nature, ownership or reliability thereof. Users, including you, may use these links and the Third Party Sites and Content contained therein at their own risk. When you leave the Site, you should be aware that our Terms and policies no longer govern. You should review the applicable T and policies, including privacy and data gathering practices, of any web site to which you navigate from the Site.
Donations
All donations, if made to and accepted by LKFS, are final and are not refundable.
Disclaimer of Warranties
The Site and any service included on or otherwise made available to you through the Site are provided to you on an “as is” or “as available” basis without any representations or warranties or conditions of any kind, unless otherwise expressly set forth in writing. We do not warrant that the Site or any service included on or otherwise made available to you through the Site are free of viruses or other harmful components. We make no representations or warranties with respect to the availability, reliability or security of the Site or the service. Unless otherwise expressly set forth in writing, we disclaim any and all other warranties and representations (express or implied, oral or written) with respect to the Site and any service included on or otherwise made available to you through the Site whether alleged to arise by operation of law, by reason of custom or usage in the trade, by course of dealing or otherwise, including: (i) any and all warranties of merchantability; (ii) any and all warranties of fitness or suitability for any purpose (whether or not we knew, have reason to know, have been advised, or are otherwise aware of any such purpose); (iii) any and all warranties of noninfringement or condition of title; (iv) all warranties with respect to uptime and data accuracy; (v) all warranties with respect to any and all content and related deliveries provided in connection with this agreement; and (vi) that the Site and any service included on or otherwise made available to you through the Site will operate without interruption or error. You acknowledge and agree that you have relied on no warranties. This disclaimer and exclusion will apply even if the express warranties set forth above fail of their essential purpose.
Limitation of Liability
In no event will we be liable to you or any third party for loss of revenue, loss of profits, or any special, indirect, incidental, exemplary or consequential damages of any kind arising out of or in connection with the Site and any service included on or otherwise made available to you through the Site , regardless of the form of action, whether in contract, tort, strict liability or otherwise, even if we have been advised of the possibility of such damages or are aware of the possibility of such damages. In no event will our total cumulative liability to you or any third party arising out of or in connection with the Site and any service included on or otherwise made available to you through the Site exceed the aggregate of the net amounts received by us from you, if any. Multiple claims will not expand this limitation. This section will be given full effect even if any remedy specified in these terms is deemed to have failed of its essential purpose.
Indemnification and Release
You will indemnify, defend and hold us and our officers, directors, , licensors, partners, licensees, consultants, contractors, volunteers, agents and employees (collectively, the “Indemnified Parties”) harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney and expert fees, costs, penalties, interest and disbursements) resulting from any claim (including third party claims), suit, action, or proceeding against an Indemnified Party, whether successful or not, resulting from or arising in connection with: (i) your use of the Site; (ii) your conduct; (iii) any breach by you of the Terms (including, but not limited to, any breach of any of your representations or warranties); and/or (iii) any content or Feedback you upload to, posted on, create on, or transmit through a link from the Site.
Termination
Notwithstanding any terms to the contrary in the Terms, we reserve the right, without notice, without liability to you and in our sole discretion, to terminate any of your rights under the Terms (including, but not limited to, your right to use the Site) and to block or prevent your access to and use of the Site for any or no reason.
Electronic Communications
Notwithstanding any terms to the contrary in the Terms, LKFS may choose to electronically deliver all communications with you, which may include: (i) email to your email address indicated in your communications with us or upon program/event registration with the Site; or (ii) posting messages that are displayed to you when you access the Site. LKFS’s electronic communications to you may transmit or convey information about action taken on your request, portions of your request that may be incomplete or require additional explanation, any notices with respect to modifications to the Terms, any notices required under applicable law and any other notices. You agree to do business with us electronically and understand you may receive electronically current and future notices, disclosures, communications and information, and that the aforementioned provided electronically satisfies any legal requirement that such communications be in writing. An electronic notice will be deemed to have been received the day of receipt as evidenced by such email date.
Notices and Procedure for Making Claims of Copyright Infringement
If you believe in good faith that your copyrighted work has been reproduced on the Site without authorization in a way that constitutes copyright infringement, please provide LKSF, at the address provided below, the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material you claim is infringing is located on the Site;
4. your address, telephone number, and email address;
5. a signed, written statement, made under penalty or perjury, that: a. you have a good faith belief the disputed use is not authorized by the copyright owner, its agent, or the law; b. the above information in your notice is accurate; and c. you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Notices regarding this section can be sent either by mail to Attn: General Manager, Lo Kwee Seong Foundation by email:
In accordance with the Copyright Ordinance (Cap. 528) and other applicable law, we will terminate, in appropriate circumstances and at our sole discretion, those from using the Site who are deemed to be repeat infringers. We may also at its sole discretion limit access to the Site and/or terminate any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Miscellaneous
The Terms and your use of the Site will be governed by and construed in accordance with the laws of Hong Kong applicable to agreements made and to be entirely performed within Hong Kong, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Terms will be filed only in the courts located in Hong Kong. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of the Terms. None of your rights or duties under the Terms may be transferred, assigned or delegated by you without our prior written consent, and any attempted transfer, assignment or delegation without such consent will be void and without effect. We may freely transfer, assign or delegate our rights and duties under the Terms. If any provision of the Terms is invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other provisions of the Terms shall nonetheless remain in full force and effect.
Reports
If you believe there is a violation of the Terms and you would like to report it to us, please direct the information to the following email address:
Last update: August 2024
