Annex
Terms and Conditions of Use
of DATA.GOV.HK
1.
DATA.GOV.HK is an online web interface provided by the Office of the Government Chief
Information Officer of the Government of the Hong Kong Special Administrative Region (the
“Government”) to the public for obtaining certain public sector information.
2. In these Terms and Conditions of Use of
DATA.GOV.HK (“Terms of Use”), “
Data” mean the
data and all contents provided by the Government and other organisations to the public on
DATA.GOV.HK. For the avoidance of doubt, “Data” include all data, digital maps, text, graphics,
drawings, diagrams, photographs, compilation of data and other materials of
DATA.GOV.HK;
3. The Data are provided by the Government and other organisations to you on an “AS IS” basis.
No statement, representation or warranty of any kind (whether express or implied) is given by the
Government or the relevant organisations in relation to the Data (including the accuracy,
completeness, non-infringement, reliability, security, timeliness and appropriateness of the Data
for use in any particular circumstances). The Government or the relevant organisations shall not
be liable for any errors, omissions, misstatements or misrepresentations (express or implied),
concerning any Data, and shall not have or accept any liability, obligation or responsibility
whatsoever for any loss, destruction or damage (including without limitation consequential loss,
destruction or damage) howsoever arising from or in respect of any use or misuse of or reliance
on the Data, or any inability to use the Data.
4.
In consideration of the Government and other organisations providing the Data on
DATA.GOV.HK, by using DATA.GOV.HK, you accept unconditionally the Terms of Use. IF
YOU DO NOT AGREE, DO NOT USE DATA.GOV.HK. The Terms of Use may be revised
and/or amended from time to time by the Government or the relevant organisations without prior
notice to any person. Please check the Terms of Use regularly for any revisions and/or
amendments which may be made.
5. The Government shall not be liable for any loss, destruction or damage howsoever arising out
of or in relation to any transmission from you to the Government or vice versa over the Internet.
6. The Government shall not be responsible for any loss or damage whatsoever arising out of or in
connection with the Data. The Government reserves the right to revise, omit, edit or suspend the
provision of the Data at any time in its absolute discretion without giving any reason or prior
notice to any person (including you).
7. The Government does not undertake to provide any updated version of the Data and reserves
the right to suspend the provision of the Data at any time.
Use of Data on DATA.GOV.HK
8. You are allowed to browse, download, distribute, reproduce, hyperlink to, and print in their
original format the Data for both commercial and non-commercial purposes on a free-of-charge
basis on condition that:-
you shall comply with the Terms of Use;
you shall identify clearly the source of the Data and acknowledge the Government
ownership of the intellectual property rights in the Data and in all copies thereof including
but not limited to paper copies, digital copies and copies placed on other websites;
you shall indemnify the Government against any allegations or claims of infringement of
the rights of any person and all costs, losses, damages and liabilities incurred by the
Government, which in any case arise directly or indirectly in relation to your use,
reproduction and/or distribution of the Data;
You shall also give proper attribution to the Government and
DATA.GOV.HK.
9. In paragraph 8, "commercial purposes" includes without limitation the following:
an offer to supply goods, services, facilities, land or an interest in land;
an offer to provide a business opportunity or an investment opportunity;
an advertisement or promotion of goods, services, facilities, land or an interest in land;
an advertisement or promotion of a business opportunity or an investment opportunity;
an advertisement or promotion of a supplier, or a prospective supplier, of goods, services,
facilities, land or an interest in land; and
an advertisement or promotion of a provider, or a prospective provider, of a business
opportunity or an investment opportunity,
in the course of or in the furtherance of any business.
Linked Information and other Third-Party Websites
10.
DATA.GOV.HK may provide or assist in providing links to third-party websites through the
“Linked Information webpage” or other parts of the web interface. The links are produced solely
as a convenience to users of
DATA.GOV.HK. Provision of, or assistance in providing, any links
at
DATA.GOV.HK to any third-party website does not give rise to any statement, representation
or warranty, express or implied, that the Government agrees with, approves, recommends or
endorses the contents of any such third-party websites. The provision of any links to third-party
websites shall not constitute any form of co-operation or affiliation with the Government of any
such third parties or external websites. The Government shall not have or accept any liability,
obligation or responsibility whatsoever for any loss, destruction or damage (including without
limitation consequential loss, destruction or damage) howsoever arising from or in respect of your
use or misuse of or reliance on, or inability to use such links to any third-party website or your
use or reliance on the contents of any such third-party websites. You should refer to the terms and
conditions of each such third-party website when using such website.
Privacy Policy
11. The Government may record visits to
DATA.GOV.HK without collecting your personal data.
Information relating to visits to
DATA.GOV.HK are collected by the Government for the
compilation of statistical reports and the diagnosis of problems with or concerning computer
systems.
Intellectual Property Rights
12. Unless otherwise indicated, the Government is the owner of the intellectual property rights in
all contents available on
DATA.GOV.HK, including but not limited to all Data.
Governing Law
13. The Terms of Use shall be governed and construed in accordance with the laws of the Hong
Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”). You also
agree to submit to the jurisdiction of the Hong Kong Courts.
