Terms-of-Use

Terms of Use

SMART CITY
INNOVATION CENTRE



The Terms and Conditions for the use of the Smart City Innovation Centre

1. Definitions and Interpretation

1.1 Unless the context otherwise requires, the following terms shall have the following meanings:

ASTRImeans Hong Kong Applied Science and Technology Research Institute Company Limited (located at 5th Floor, Photonics Centre, 2 Science Park East Avenue, Hong Kong Science Park, Shatin, New Territories, Hong Kong) which is: (a) responsible for the management and operation of the SCIC; and (b) the provider of certain software, hardware and technology owned by ASTRI or any third party owner (as the case may be) for the SCIC.
Booking has the same meaning given to it in Clause 3.1
Centre Manager means the centre manager of the SCIC who is an employee of ASTRI appointed by ASTRI as such manager.
Claimmeans any and all any claims, demands, actions, suits, losses, damages, judgments, costs, expenses (including all reasonable legal fees) and any other liabilities whatsoever.
Confidential Information means information of whatever nature whether in written or oral form, whether in human or machine readable form and whether stored electronically or otherwise, relating to the disclosing party’s structure, business, operation, assets, technical information, trade secrets, know-hows, technology, business method, strategies, customers, suppliers or any other aspect of a party which is obtained by the other party, or the officers, employees, agents or advisers of the other party in the course of dealings between the parties under these Terms and Conditions.
Dangerous Goodshas the same meaning given to it under the Dangerous Goods Ordinance (Chapter 295, the Laws of Hong Kong).
Force Majeure Eventmeans, with respect to a party, a supervening and unforeseeable event outside of such party’s reasonable control which is not caused by the fault, omission or negligence of such party, including any flood, fire, lightning, earthquake, storm, explosion, meteor, government action, accident, embargo, blockade, riot, any kind of war, acts of terrorism (which has direct impact on the performance of the duties and obligations of a party) or of the public enemy, power outage or acts of God.
Hazardous Substancemeans: (a) substance(s) containing ingredients which are toxic, irritant, sensitising, carcinogenic or corrosive in nature and the concentration of which reaches to a level which may be harmful to health; or (b) a material or compound controlled, prohibited or regulated from time to time by any applicable law and/or regulations.
“Toxic” describes a substance that produces damage to an organism. This damage, which may be temporary or permanent, can affect body functions as well as tissue or bone development in embryos.
“Irritant” describes a substance that will produce local irritation or inflammation on contact with tissues and membranes, such as skin, eyes, nasal or lung tissue.
“Sensitiser” describes a substance that causes a substantial proportion of exposed people or animals to develop an allergic reaction in normal tissue after repeated exposure and “sensitizing” shall be construed accordingly.
“Carcinogenic” means capable of causing cancer.
“Corrosive” describes a substance that causes destruction of, or damage to, materials or living tissue on contact.
HKIAC means the Hong Kong International Arbitration Centre.
HKSTPmeans Hong Kong Science and Technology Parks Corporation located at Hong Kong Science Park, Shatin, New Territories, Hong Kong.
Itemsmeans any items used to provide the Services (including any computers, servers, equipment, tools, software, Intellectual Properties and/or facilities) which are provided by HKSTP or ASTRI (as the case may be) for use by the Registered Users (including its Users) at the SCIC.
Notice of Booking Cancellationhas the same meaning given to it in Clause 4.1.
Passmeans an access card (issued by the SCIC) for the Registered User (including its User) to access the SCIC and such access is restricted to the Services to be provided to such User in accordance with these Terms and Conditions.
Premisesmeans the premises designated as the SCIC situated at Ground Floor, Photonics Centre, 2 Science Park East Avenue, Hong Kong Science Park, Shatin, New Territories, Hong Kong.
Purposemeans the promotion of and development of 5G mobile network applications, machine to machine communications applications, smart city application and any other applications as agreed by HKSTP and ASTRI.
Registered Usermeans ASTRI’s authorized employee or a company or entity desirous of receiving the Services which has been approved by ASTRI and HKSTP in writing and has registered on the online registration system as a registered user of the SCIC.
Rules of Conductmeans the rules of conduct (if any) which may be specified by HKSTP and/or ASTRI from time to time for the use of the SCIC, which are posted inside the SCIC or are available for viewing at http://www.scic.org.hk.
SCICmeans the smart city innovation centre set up by HKSTP and ASTRI for the Purpose. The Premises where the SCIC is located are owned by HKSTP and the SCIC is managed and operated by ASTRI.
Servicesmeans the services (including the Items) provided by ASTRI and/or HKSTP at the SCIC which are expressly set out in Clause 2.1 and/or otherwise posted on SCIC’s website at http://www.scic.org.
Usermeans an authorised employee of a Registered User whose booking is confirmed and authorised by ASTRI and HKSTP to use Services in accordance with these Terms and Conditions.
Working Daymeans Monday to Friday on which Banks in Hong Kong are open for business.

1.2 Unless the context otherwise requires: (a) the singular includes the plural and vice versa; (b) the word person includes a body corporate, a firm, an unincorporated association or an authority; (c) the headings of the Clauses herein are for convenience only and shall not define, limit, describe or constitute the contents of such Clauses; (d) a reference to a Clause is to a Clause of these Terms and Conditions; (e) words importing a gender include any other gender; (f) a reference to a party includes its successors and permitted assigns; (g) where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings; (h) a reference to any legislation or legislative provision includes any statutory modification or re-enactment of, or legislative provision substituted for, and any subordinate legislation issued under, that legislation or legislative provision; (i) the words “includes” and “including” are to be construed without limitation; and (j) if a period of time is specified and dates from a given day or the day of an act or event, it is to be calculated inclusive of that day.

2. Services

2.1 Only the Registered Users are eligible to use the Services at the SCIC in accordance with these Terms and Conditions. The eligibility requirements to be the registered Users are available at http://www.scic.org.hk.

2.2 For the use of the Services at the SCIC, each Registered User (including its Users) acknowledges and agrees that:

(a) the Premises are, and shall at all times remain as, the property of HKSTP and the Registered User and its Users are given the permission to use the SCIC only as a licensee in accordance with these Terms and Conditions. (b) the Items are, and shall at all times remain as, the property of HKSTP, ASTRI or any third party owners (as the case may be) which provide such Items, and, the Registered User (including its Users) shall have no proprietary or other interest in any of the same and the Registered Users (including its Users) shall, unless expressly provided for under these Terms and Conditions, have no rights to do anything which is inconsistent with such ownership rights; (c) the Premises, Items and the Services shall be provided under these Terms and Conditions on an “as is” and “as available” basis; (d) no warranty, representation and/or guarantee (whether express, implied, statutory or otherwise) is given or assumed by HKSTP and ASTRI in relation to the Premises, Items and/or Services, and, all warranties, representations and guarantees (including the title, fitness for a particular purpose, merchantability, availability and quality of the Items and/or Services) relating to the Premises, Items and/or Services are hereby excluded to such extent permissible by law; and (e) it shall ensure that all equipment, items and materials that any of its Users brings into the SCIC have been expressly permitted in writing by the Centre Manager and such Users shall have the right to use such equipment, items and materials; and (f) it shall take care of all equipment, items and materials that any of its Users brought into the SCIC, and, the Centre Manager, HKSTP and/or ASTRI shall not be responsible or liable for any loss or damage to such equipment, items and materials unless caused by the fault or negligence of Centre Manager, HKSTP and/or ASTRI.

3. Booking for the Services

3.1 For the use of any of the Services, the Registered User is required to make a booking for the Services (“Booking”) in advance. The contact details of the Centre Manager are available at http://www.scic.org.hk.

3.2 The Centre Manager shall, in its sole discretion, have the right to confirm or reject any Booking. By making the Booking or using the Services (whichever is the earlier), the Registered User and its Users: (a) are deemed to have accepted these Terms and Conditions; and (b) agree to be bound by such Terms and Conditions.

3.3 Any Booking once confirmed by the Centre Manager is not transferable by the Registered User and any of its Users.

3.4 Even after the Booking is confirmed by the Centre Manager, the Centre Manager is entitled to cancel, in its sole discretion, the Booking with or without notice at any time and without liability to the Registered Users (including its Users) whatsoever.

4. Booking Cancellation

4.1 Any Booking made by the Registered User is not cancellable by the Registered User unless: (a) the Registered User gives the Centre Manager written notice of Booking cancellation (“Notice of Booking Cancellation”) at least 3 Working Days prior to the date of the Booking to be cancelled; and (b) the Centre Manager confirms its approval of the Booking cancellation.

4.2 If the Registered User: (a) requests a Booking cancellation by giving the Centre Manager a Notice of Booking Cancellation less than 3 Working Days prior to the date of the Booking to be cancelled; or (b) fails to show up for the Booking for whatever reasons, this will be regarded as a “no-show”. After 3 no-shows, the Registered User will be blacklisted from using the Services inside the SCIC for at least 2 months or any other period as determined by the Centre Manager in his sole discretion in the circumstances.

4.3 If the SCIC is unavailable for use by the Registered User and its Users during the relevant Booking period, the Centre Manager is entitled to cancel the Booking with any liability by giving written notice of cancellation to the Registered User.

5. Access to the SCIC

5.1 The Registered User shall apply for and obtain a valid Pass for each of its Users at the Centre Manager’s administration desk at the SCIC. The Registered User shall, and shall procure its Users to, keep all Passes confidential and not share them with or disclose them to any third parties.

5.2 Each User shall wear the Pass at all times when such User is inside the SCIC. Neither the Registered User nor its Users may decode or tamper or attempt to decode or tamper with any Pass or the content thereof.

5.3 Neither the Registered User nor its Users shall access, or attempt to access, any part of the Premises that is not authorised to be accessed by such Registered User’s approved application for the use of the Services. Each Registered User and its Users shall at all times comply with every instruction and direction given by the Centre Manager from time to time in respect of the access to and the use of the SCIC.

5.4 The Users shall, and the Registered User shall procure each of its Users to, return all Passes to Centre Manager after their use of the SCIC.

6. Use of Telecommunications Network

6.1 Neither the Registered User nor its Users shall connect or mount any devices (including electronic or electrical devices) to any workstation or telecommunications network at the SCIC via any media without the prior written authorization of the Centre Manager.

6.2 The Users and Registered Users shall not use the telecommunications network at the SCIC to publish, distribute, transmit or circulate any unsolicited information, message or content (whether they are for advertising or promotional purpose or otherwise) or any content that is illegal, immoral, misleading, obscene, indecent, seditious, offensive, defamatory, threatening, liable to incite racial hatred, discriminatory, menacing or in breach of confidence.

6.3 The Registered User shall not, and shall ensure that its Users shall not, attempt to carry out any illegal activities, perform any improper activities or non-business related activities through the telecommunications network at the SCIC after the setup of the link or access to the SCIC. [These improper activities include: (a) the remote shutdown the daemons of the servers in the SCIC; (b) port scanning; and (c) the access to the restricted system.]

7. Use of the SCIC

7.1 Each Registered User shall ensure that its Users who use the equipment and/or instruments in the SCIC are qualified users who either: (a) have received the formal and adequate training as required by the SCIC for the use of such equipment and/or instruments; or (b) possess the relevant training or experience recognised by the SCIC for the use of such equipment and/or instruments. In relation to the use of the SCIC, the Registered User shall be solely responsible and liable for any act, omission and/or negligence of its Users.

7.2 In relation to the use of the SCIC (including the Services and Items provided therein), the Registered User shall, and shall procure its Users to:

(a) comply with these Terms and Conditions, the applicable laws, and other governmental, statutory and/or regulatory requirements, rules (including the Rules of Conduct), regulations, policies specified by HKSTP and/or ASTRI in relation to the access to and the use of the SCIC, the Items and/or Services therein;

(b) comply with all directions and instructions given by the Centre Manager for use of the Services (including the Items provided therein) at the SCIC;

(c) use the Premises, Items and Services only for the Purpose and any other purposes as approved in writing by the Centre Manager;

(d) adopt the best practices and exercise all due care to prevent the leakage, discharge, spillage, emission or the release of any dangerous and/or hazardous materials in the SCIC; and

(e) ensure that the activities and/or procedures to be carried out by its Users in the SCIC are safe, carefully planned and cause no nuisance or risk to any other third parties who use the SCIC (including any other Users).

7.3 In relation to the use of the SCIC (including the Services and Items provided therein), the Registered User shall not, and shall procure its Users not to:

(a) modify any setup or system parameters of any equipment and instruments in the SCIC, without the prior written approval of the Centre Manager;

(b) infringe the Intellectual Property rights of HKSTP, ASTRI and/or any other party while using the Services and/or Items at the SCIC;

(c) use the SCIC, the Items and/or Services in any manner that would cause HKSTP and/or ASTRI to be in breach of any applicable law;

(d) breach any provision of the Government grant under which HKSTP holds the portion of the development on which the SCIC is situated;

(e) bring any Dangerous Goods and Hazardous Substances into the SCIC;

(f) make any noise which is audible outside the SCIC, or make any vibration or odour in the SCIC which is or may be a nuisance to the occupiers of nearby premises;

(g) allow any smoke, fumes or gas to escape from the SCIC or do anything in the SCIC which may be a nuisance or cause annoyance, danger, injury or damage to the other users of the SCIC and any neighbouring tenants or occupiers near the SCIC;

(h) place at the SCIC anything of a weight in excess of the floor loading of the SCIC prescribed by HKSTP, or on parts of the SCIC containing reinforced flooring, anything of a weight in excess of the appropriate weightings for which such reinforcements were designed and to comply with any prescription by HKSTP of the maximum weight and permitted location of heavy equipment and any requirements of HKSTP that the same stand on supports of such dimensions and materials as HKSTP reasonably determines;

(i) do anything, which in the opinion of the Centre Manager, HKSTP or ASTRI, prejudices or may likely to prejudice the goodwill or reputation of HKSTP, ASTRI or the SCIC; and

(j) introduce any computer virus into or onto any Items.

7.4 For each occasion after using the SCIC, unless the Centre Manager approves in writing, the Registered User shall at its own cost and expense, and shall procure its Users to:

(a) clean up the Premises, the working space and Items (including their temporary disk storage) provided for use by such Registered User (including its Users) as part of the Services. ASTRI and/or HKSTP shall not be liable for any loss of, or damage to, the Registered User’s or User’s data or content left in such working space and/or on any Items;

(b) backup such User’s data to minimize the risk of the loss of data by accident. ASTRI and/or HKSTP shall not be responsible or liable for any loss of, or damage to, the information, data or content uploaded by the Registered User (including its Users) whatsoever;

(c) properly dispose of any used or unused materials brought into the SCIC by the Registered User and its Users in accordance with the applicable rules (including the Rules of Conduct), regulations and policies for the use of the SCIC; and

(c) properly dispose of any waste and garbage in accordance with the applicable law, rules (including the Rules of Conduct), regulations and policies for the use of the SCIC so as to prevent any potential contamination.

7.5 The Centre Manager, HKSTP or ASTRI is entitled to, in its sole discretion with or without notice to the relevant Registered User and its Users, remove, delete and/or dispose of (in each case, in whole or in part) any and all files, information, data, software and any other materials that the Registered User (and its Users) left behind on the Premises and/or the Items immediately after: (a) the Registered User and its Users return the Pass to the Centre Manager; or (b) the Registered User and its Users cease to have the permission to access the Premises or Items on which such files, information, data, software and materials are stored, whichever is earlier. The Centre Manager, HKSTP and ASTRI shall have no responsibility or liability for such removal, deletion and disposition.

7.6 The Centre Manager, HKSTP and/or ASTRI shall not be responsible for keeping or recovering any file, information, data, software and any other materials stored by the Registered User (including its Users) in the SCIC and workstations and/or on any Items and server temporary directories. In no event shall ASTRI and HKSTP be responsible or liable for any loss of, or damage to, such file, information, data, software and materials whatsoever.

7.7 If the Registered User and/or its Users fails to comply with these Terms and Conditions, any applicable law, rules (including the Rules of Conduct), regulation and policies and the directions given by the Centre Manager in relation to the use of the SCIC, the Centre Manager is entitled to demand the immediate cessation of such non-compliance and the Registered User (and its Users) shall immediately comply. If the relevant Registered User and its Users fail to comply with the directions and/or instructions of the Centre Manager, the Centre Manager is entitled to demand the Registered user and its Users to leave the SCIC immediately.

8. Services Cancelation, Suspension and Termination

8.1 ASTRI and/or HKSTP are entitled to suspend, cancel or terminate any or all of the Services provided at the SCIC at any time and for any duration that ASTRI and/or HKSTP see fit. ASTRI and/or HKSTP shall not be responsible or liable for any loss and/or damage suffered and/or incurred by the Registered Users and the Users whatsoever arising out of or relating to such suspension, cancellation and/or termination.

8.2 Without prejudice to any other rights of the Centre Manager under these Terms and Conditions, the Centre Manager is entitled to suspend, cancel or terminate (in each case) without any liability and reason, and, at any time and from time to time, the use of the SCIC, the Items and the Services by any Registered User (including its Users).

8.3 If the Registered User and/or its Users are in breach of these Terms and Conditions or otherwise, the Centre Manager is entitled to immediately suspend, cancel or terminate in its sole discretion and without any liability: (a) the Registered User’s (including its Users’) access to the SCIC; and/or (b) the use of the SCIC, the Items and the Services by such Registered User and/or its Users.

8.4 Upon the suspension, cancellation or termination (howsoever caused) of the Registered User’s (including its Users’) access to the SCIC in accordance with these Terms and Conditions, the Registered User and its Users shall: (a) immediately cease to use SCIC and the Items; (b) promptly comply with the SCIC’s exit procedure (as specified by the Centre Manager) and any other applicable rules (including the Rules of Conduct), regulations, policies and any other obligations relating thereto; (c) return (where applicable) any Items to the Centre Manager and vacate the Premises; (d) immediately remove at its own cost and expense all of the files, information, data, software and other materials of the Registered User and its Users from the SCIC; (e) promptly reinstate any damage to Premises at its own cost and expense to its original state and condition (save and except normal fair, wear and tear, and inherent and structural defects); and (f) promptly reimburse ASTRI and/or HKSTP for any costs and expenses of repair and/or replacement of any lost and/or damaged properties of HKSTP, ASTRI or any other third parties at the SCIC which are caused by the registered User (including its Users).

8.5 If the Registered User (including its Users) fails to comply with this Clause 8, the Centre Manager, HKSTP or ASTRI is entitled to: (a) remove and/or dispose of any files, information, data, software and other materials of the Registered Users and its Users leave inside the SCIC and on the Items in such manner as the Centre Manager, HKSTP or ASTRI deems fit, without any liability whatsoever to Registered User and its Users; and (b) recover the reasonable costs and expenses of such removal and/or disposal from the Registered User.

8.6 The suspension, cancellation or termination of the Registered User’s (including its Users’) access to and/or use of the Services at the SCIC under this Clause shall not affect any accrued rights and/or remedies of HKSTP and/or ASTRI against such Registered User (including its Users) on or before the effective date of suspension, cancellation or termination.

9. Force Majeure

If the provisioning of the Services is prevented, restricted or interfered with by reason of a Force Majeure Event, HKSTP and/or ASTRI shall be excused from the performance of its obligations hereunder to the extent of such prevention, restriction or interference.

10. Limitation of Liability

10.1 Nothing in these Terms and Conditions shall limit or exclude a party’s liability for: (a) death or personal injury caused by its negligence or the negligence of its employees acting in the course of their employment; (b) fraud of such party; or (c) any other liability which cannot be limited or excluded by law.

10.2 Notwithstanding any provisions of these Terms and Conditions, HKSTP and/or ASTRI shall, to such extent permissible by law, not be liable to the Registered Users (including its Users) for any indirect, special, consequential, punitive or exemplary loss or damage arising out of or relating to the Items, Services (including (a) any errors, mistakes, or inaccuracies of content; (b) the access to, or use of, or inability to use the Services, Premises or Items; (c) any unauthorized access to or use of the secure servers and/or any and all personal information and/or financial information stored therein; (d) any interruption or cessation of transmission to or from the Services; or (e) any viruses, bugs, worms, Trojan horses, malware, or the like, which may be transmitted to or through the Services by any third party) and these Terms and Conditions whatsoever, whether arising out of negligence, breach of contract or otherwise.

For the purposes of these Terms and Conditions, indirect or consequential loss or damage includes loss of revenue or profits, loss of anticipated savings or business, failure to realize savings or other benefits, loss of data or their use, loss of goodwill, costs of procuring substitute goods, services or Intellectual Property rights, even if a party has been advised of the possibility of such loss and damage.

10.3 Notwithstanding any other provisions of these Terms and Conditions and to the extent permissible by law, the aggregate liability of HKSTP and/or ASTRI arising out of or relating to these Terms and Conditions (whether in contract, tort (including negligence), strict liability, at law, in equity or otherwise) shall not exceed [HK$ 1,000].

10.4 Subject to Clauses 10.1 to 10.4, any Claim by the Registered User or its Users against HKSTP and/or ASTRI arising in connection with these Terms and Conditions shall be notified in writing to HKSTP and/or ASTRI within 3 months of the incident giving rise to such Claim, failing which the Registered User or its Users shall be deemed to have waived the their rights for such Claim.

11. Repair

11.1 The Registered User agrees that it shall not do anything which materially alters the look, condition or state of repair of the Premises.

11.2 The Registered User shall be responsible for all of the cost and expense of repairing, reinstating or replacing any Premises, Item, tool, equipment or facility provided as part of the Services (with the exception of fair wear and tear) which is damaged, destroyed, stolen or lost by the Registered User (including its Users).

12. Indemnities

The Registered User shall at all times indemnify and keep the Centre Manager, HKSTP and/or ASTRI (in each case, including its employees, agents, suppliers, licensors, licensees, vendors or contractors) indemnified from and against any and all any Claims whatsoever suffered or incurred by the Centre Manager, HKSTP and/or ASTRI arising out of or relating to the use of the SCIC, the Services and Items by the Registered Users (including its Users) under these Terms and Conditions.

13. Confidentiality

Each Registered User shall not, and shall ensure that its Users shall not, disclose to any third party any Confidential Information of ASTRI, HKSTP or any other Registered Users (including their Users) which is disclosed or otherwise made available, directly or indirectly, to such Registered User in connection with the Services or these Terms and Conditions, except where the disclosure is required by the applicable law, regulatory or governmental authority, stock exchange requirement or pursuant to a judicial order.

14. Intellectual Property

14.1 Unless otherwise agreed in writing, the ownership of all the Intellectual Properties in the SCIC, Items, hardware, components, test methodology, program codes, user interface and other items developed by or for ASTRI and HKSTP (as the case may be) belong to: (a) ASTRI or HKSTP (as the case may be); or (b) any of its vendors, suppliers or licensors (as the case may be). The Registered User shall, and procures its Users to, irrevocably and unconditionally waives any right or claim that it may have (now or in the future) to such Intellectual Properties.

14.2 Without limiting the generality of Clause 2.2, ASTRI or HKSTP does not warrant or guarantee that the Items provided at the SCIC will not infringe any third party’s Intellectual Property and each Registered User and its Users shall use such Items at their own risk. Subject to Clauses 10.1 to 10.4, ASTRI and/or HKSTP shall, to such extent permissible by law, have no liability whatsoever arising out of such use.

15. Governing Law and Dispute Resolution

15.1 These Terms and Conditions shall be governed by the laws of Hong Kong.

15.2 Any dispute, controversy, difference or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the HKIAC under the UNCITRAL Arbitration Rules in force when the Notice of Arbitration is submitted, as modified by the HKIAC Procedures for the Administration of Arbitration under the UNCITRAL Arbitration Rules. The appointing authority shall be the HKIAC. The place of arbitration shall be in Hong Kong at the HKIAC. The number of arbitrator shall be one. The language of the arbitration shall be English. The arbitral award shall be final, binding on the parties and non-appealable to such extent permissible by law.

16. Miscellaneous

16.1 These Terms and Conditions are personal to the Registered User. The Registered User shall not assign, transfer, novate, sublicense or otherwise dispose of any of Services or the Items or any of its rights and obligations under these Terms and Conditions in whole or in part.

16.2 HKSTP and/or ASTRI is entitled to assign, transfer, novate, sublicense or otherwise dispose of any of its rights and obligations under these Terms and Conditions to any third party.

16.3 Nothing in these Terms and Conditions shall be deemed to constitute or create a partnership, trust or joint venture between the parties, landlord and tenant relationship, principal-agent relationship or employer-employee relationship between ASTRI or HKSTP on one hand and the Registered User (including its Users) on the other hand.

16.4 No failure or delay by HKSTP and/or ASTRI to exercise any right, power or remedy under these Terms and Conditions shall operate as a waiver thereof nor shall any single or partial exercise by HKSTP and/or ASTRI of any right, power or remedy.

16.5 If any part of these Terms and Conditions is held invalid, unenforceable or illegal for any reason, these Terms and Conditions shall remain in full force apart from such part which shall be deemed invalid, unenforceable or illegal.

16.6 These Terms and Conditions shall constitute the entire understanding between HKSTP and/or ASTRI on one hand and the Registered User (including its Users) on the other hand in respect of the Services (including the Items), and shall supersede all prior representations, writings, negotiations, understandings or any other agreements with respect hereto and, except in respect of any fraudulent misrepresentation made by a party, the parties acknowledge that they have not relied on any representations, writings, negotiations or understandings, whether express or implied other than as set out in these Terms and Conditions.

16.7 A person who is not a party to these Terms and Conditions shall have no rights under these Terms and Conditions and/or the Contracts (Rights of Third Parties) Ordinance (Chapter 623, the Laws of Hong Kong) to enforce or to enjoy the benefit of any term of these Terms and Conditions.

16.8 HKSTP and ASTRI is entitled to change and/or amend at any time and from time to time without the consent of any Registered User (including its Users): (a) these Terms and Conditions; (b) the fees (if any) for the Services; and (c) the rules (including the Rules of Conduct), regulations, policies and procedures for the use of the SCIC.

16.9 The Registered User (including its Users) shall not use, include or refer to the name, trade name, trademark or logo of HKSTP and/or ASTRI without the prior written consent of HKSTP and/or ASTRI.


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