Marketing Events Terms and Conditions
By registering for or attending any events ("Events", each an "Event") organised by Endowus HK Limited (“Endowus”), including any physical event (“Physical Event”) and virtual events (such as webinars and/or other forms of digital engagements) (“Virtual Event”), you (also referenced as the "participant") are acknowledging that you have read and understood these Endowus Events Terms and Conditions ("Terms and Conditions") and that you accept to be bound by these Events Terms and Conditions. Please read them carefully.
Endowus reserves the right, at its sole and absolute discretion, to change, modify, add to or remove anyportion of these Terms and Conditions from time to time by posting amendments at the following page: Event Terms and Conditions. By you proceeding to register and/or attend any Physical Event and/or Virtual Event after any such amendment, you agree to be bound by the Terms and Conditions as so amended.
- General Terms of the Events
- Once a participant has registered for an Event and his/her participation or registration has been confirmed by Endowus, no refunds on the Event's registration fees (if any such fees are required to be paid) shall be made under any circumstances (except in accordance with Clauses 1.4 and 1.5 below). Where registration is required to be made and/or a registration fee is required to paid for an Event, Endowus reserves the right to refuse entry to an Event if registration has not been made and/or payment is not received by Endowus and/or any third party Event organisers through which such registration fees should be paid (as the case may be) prior to the due date stipulated for such payment and/or registration and Endowus shall have no liability in that regard.
- All registrations to Events are subject to the availability of seats in accordance with the seating capacity of the respective Event venue and any seat availability information is subject to change without notice to you. Endowus reserve(s) the right to refuse any registrations it receives for any reason. No contract of sale shall be concluded between you and Endowus until Endowus confirms its acceptance of your registration.
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Save as otherwise specified in Clauses 1.4 and 1.5 below, Endowus may, at any time, at its sole and absolute discretion, for any reasons and without prior notice to the participant:
- postpone, cancel, interrupt or terminate the Event;
- vary, add, cancel or substitute advertised programmes; and/or
- change Event times, venue or audience capacity,
- If the Event is postponed, Endowus shall give notice of such postponement to the participants as soon as reasonably practicable. A participant shall be entitled to receive a refund of Event registration fees paid provided that he/she makes a written request for a refund before the new Event date.
- If the Event is cancelled, Endowus shall give notice of cancellation to the participants as soon as reasonably practicable. A participant shall be entitled to receive a refund of Event registration fees paid provided that he/she makes a written request for a refund and such request is received by Endowus within two weeks from the date of the notice of cancellation.
- Each participant grants Endowus, its affiliates, its Event sponsors, its Event partners, and its respective independent contractors or subcontractors the right to record, film, photograph, and capture such participant’s voice and image, or make any other recordings of such participant in any media at the Event (the “Recordings”) . Each participant grants to Endowus and its affiliates, agents, employees, and assigns, and Endowus’ Event partners and Event sponsors, an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, reproduce, modify, distribute, and translate, in any way, form and media and for any purpose relating to Endowus’, its affiliates’, its Event sponsors’ and/or Event partners’ business (including for any advertising purposes), all or any part of the Recordings and all materials submitted (including, for example, a participant's name and biographical information) or presented by such participant (in electronic copy or hard copy, verbally, or otherwise) in connection with the Event (collectively, the "Participant Materials”). To the maximum extent permitted by law, each participant waives any moral rights he/she may have in the Recordings and the Participant Materials.
- You agree not to record or digitise any parts of the Event(s) proceedings without prior consent from Endowus. If you attempt to conduct any unauthorised recording, Endowus reserves the right to request for your immediate removal from the Event premises and to delete any unauthorised recordings made in whatever form. In addition, each participant acknowledges that photographs, voice recordings or video footages of himself or herself may be taken by other event attendees or participants (the “Participant Photos and Recordings”) and Endowus, its Event partners and Event sponsors shall not: (a) be liable for any claims, damage or loss of any kind of any nature whatsoever caused and howsoever arising as a result of; and (b) be responsible for any recording or use by such other event attendees or participants of, such Participant Photos and Recordings.
- Each participant represents and warrants that: (a) such participant’s Participant Materials are true and accurate to the best of his/her knowledge, (b) he/she has the necessary rights and permissions to grant the license in Clause 1.6 of these Terms and Conditions, and (c) his/her Participant Materials do not violate or infringe any copyright, trademark, or other proprietary rights of any person or entity.
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By accessing or using any webpages in relation to the Event managed and/or maintained
by Endowus (collectively, the “Event Webpages”) (including these Terms and
Conditions), registering for and/or participating in any Event, each participant agrees and consents to:
- the terms of our privacy policy as amended from time to time, available at our Privacy Policy page ("Privacy Policy"), and the terms of the Privacy Policy are incorporated into these Terms and Conditions by reference;
- Endowus, its affiliates, as well as their respective representatives, agents or authorised service providers, collecting, using, disclosing and processing the participant's personal data, and sharing the participant's personal data between themselves and their business partners, Event partners and/or Event sponsors, third party service providers, to organise the Event, to communicate with the participant for purposes related to the Event, to provide goods and services to the participant, for Endowus’ and/or its Event partners and sponsors’ publicity and/or advertising campaigns connected to the Event and for purposes indicated in the Privacy Policy, or in relation to which the participant has otherwise provided Endowus with consent; and
- Endowus, its affiliates, as well as their respective representatives, agents or authorised service providers, collecting, using, disclosing and processing the participant’s personal data (as defined under the Personal Data (Privacy) Ordinance (Cap. 486, Laws of Hong Kong) and related Data Protection Principles), and sharing between themselves and their business partners, Event partners and/or Event sponsors, the participant's personal data including the Recordings and Participant Materials for publicity, dissemination and/or use in advertisements or for any marketing or promotional purposes across all media, including, without limitation, in any third party publications, in Endowus’, its Event partners and/or Event sponsors’ presentations, promotional materials, or on their respective websites, in its original or edited format, and whether to promote the Event or for any other purpose whatsoever without further notification, remuneration or compensation. The participant further agrees that the Virtual Events may be recorded, and by the participant providing any video or audio feeds, which shall also be deemed to be part of the Recordings, he/she agrees that these feeds may be recorded as part of the recording of the Virtual Events, which Endowus, its affiliates, business partners, Event partners and/or Event sponsors may use, distribute and/or exploit in such manner as it may see fit, including without limitation, via postings on social media and other distribution platforms.
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In addition, where permitted under the Personal Data (Privacy) Ordinance (Cap. 486,
Laws of Hong Kong) and related Data Protection Principles and unless opted-out of
expressly by a participant in the relevant event registration form, each participant
agrees that Endowus and its affiliates may also collect, use, disclose and process the
participant's personal data and sharing the participant's personal data between
themselves, and their business partners, Event partners, Event sponsors and
advertisers for the following purposes:
- sending the participant details of or, marketing (by email, short messaging services, telephone or otherwise), or providing, its services, products and benefits to such participant (whether by Endowus, Event partners, Event sponsors and advertisers or other third parties), including promotions and future Events; and
- special offers and rewards (whether by Endowus, Event partners, Event sponsors and advertisers or other third parties).
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Additionally, by registering for an Event, each participant further agrees that:
- the copyright and all other intellectual property rights in and to all Participant Material shall vest solely and absolutely in Endowus without further compensation; and
- to the maximum extent permissible under law, each participant hereby waives its moral rights comprised in and to all Participant Material in favour of Endowus.
- while Endowus takes reasonable efforts to ensure the security of any personal data it receives or processes, Endowus cannot guarantee that any personal data supplied by such participant will not be misappropriated, intercepted, deleted, destroyed or used by others.
- The participants acknowledge and agree that any information and views expressed by the guest speakers or presenters are solely their own and Endowus is not responsible for any of the information or views made available at the Events. The participants further understand, acknowledge and agree that Endowus make no warranties or representations in respect of, nor does Endowus guarantee the accuracy, timeliness, completeness, integrity or quality of any information or any other content or material which may be made available via, distributed at or in relation to the Events, including Event Webpages.
- The speakers or presenters shall ensure his/her/its rightful ownership of any copyright and any other intellectual property rights in their presentation materials and that any facts, representations, statements whatsoever made in these materials are true and accurate. Endowus shall be in no way liable for these materials.
- The Event, the materials and content in any Event Webpages, the Event Webpages and the Event Material are provided on an “as is” basis. Endowus gives no warranties or representations in respect of the Event, the materials and content in any Event Webpages, the Event Webpages and in respect of any aspect of any Event Material and to the fullest extent possible under the laws governing this Agreement, disclaims all warranties (whether statutory, express or implied) of any kind to you or any third party including without limitation warranties as to satisfactory quality, fitness of purpose, accuracy, timeliness , non-infringement, title or merchantability in respect of the aforementioned. Endowus shall not be responsible or liable for any reliance by you or any person on any aspect of the Events, Event Webpages and/or Event Material.
- Endowus and/or its affiliates do not warrant that the Event Materials and content and functions contained in the Event Material and Event Webpages will be uninterrupted or error free, that defects will be corrected or that the Endowus Webpages or other servers of Endowus will be free from any virus, worms and/or other harmful or invasive elements.
- All intellectual property rights in the Event(s), content and materials on the Event Webpages and all Event Material are owned or controlled or licenced to either Endowus, its Event partners or sponsors and/or speakers presenting at the Events. You may not use, appropriate, modify, distribute or reproduce or allow anyone to use, appropriate, modify, distribute or reproduce any such Event Material or any intellectual property thereof for any reason without the prior consent of Endowus.
- Endowus reserves the right to refuse admission or evict any person(s) who have breached any of these Endowus Event Terms and Conditions or any other Endowus terms and conditions such person(s) are subject to, whose conduct is disorderly or inappropriate or who poses a threat to security, or to the enjoyment of the Event by others, as determined by Endowus in its sole and absolute discretion, without refund or compensation.
- Registration for all Events are non-transferrable
- Payment of Registration Fees
- Events and prices listed on the Event Webpages are current and good, and are subjected to changes without prior notice. While Endowus takes care to ensure accuracy of these prices, Endowus will not be held liable for any pricing errors.
- If online payment of any fees or charges is required for the registration of any Event, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information to Endowus and/or third party Event organisers or payment platforms. You will pay all registration fees and charges in connection with your registration for Event on the relevant Event registration website, as well as any taxes applicable to your payment transactions.
- For credit card online payments, you represent and warrant that you have the right to use any credit card for which you provide any credit card information in connection with a payment transaction. By submitting such information, you grant to Endowus the right to provide such information to third party Event organisers and/or third party payment platforms for purposes of facilitating such payment transactions. Verification of information may be required prior to the acknowledgment or completion of any payment transaction. You should contact your credit card provider immediately if any fraudulent transactions appear on your credit card statements.
- On certain occasions, participants may also be redirected to a payment gateway hosted by a third party payment platform to complete payment of the relevant Event registration fees and charges. Endowus holds no responsibility for any actions taken or consequences arising from clicking on these links. While Endowus endeavours to choose reputable third-party payment platforms on these occasions to ensure secure transactions, participants are advised to exercise caution and verify the authenticity of the payment platform before proceeding with the payment process.
- Endowus is not responsible for any currency conversion rates used by the banks or credit card companies for transactions made in or through the Event registration website and/or any payment platforms or gateway.
- In no event shall Endowus be liable for any direct, indirect, incidental, special, or consequential damages or losses arising out of or in any way connected with your payment of any Event registration fees or charges and/or the use of payment links and/or third party payment platforms or gateways provided in connection with payment of such Event registration fees or charges.
- Specific Terms for Physical Events
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The participant acknowledges and agrees that:
- Endowus shall not be responsible for any minors left unattended at a Physical Event. All children below 12 years of age attending the Physical Event must be accompanied by a parent or legal guardian; and
- entry to the venue of the Physical Event and attendance at the Physical Event is voluntary and entirely at his/her own risk, and that the participant shall solely assume the risks associated with attending and participating in the Physical Event to the maximum extent permitted by law.
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The participant further acknowledges and agrees that:
- entry to the Physical Event venue may be subject to the venue owner’s, Endowus' and/or a third party Event organiser’s prevailing or additional terms and conditions of entry;
- entry to the Physical Events may be subject to age restrictions specified in publicity materials for the Physical Event. For such Physical Events, the participant may be asked to produce his/her valid photo ID (Hong Kong identity card, Passport, Mainland Travel Permit for HK and Macau Residents or Staff card with photo) for inspection before being granted admission to the Physical Event;
- if he/she refuses to participate in the aforementioned or any other security measures as may be imposed by Endowus or a third party Event organiser, Endowus may deny him/her entry, in which case such participant will not receive a refund of any fees paid in respect of such Physical Event (if any); and
- Endowus and/or any third party Event organisers reserve(s) the right to reject your participation to any Event for incorrect declaration of information provided during the registration for such Event without any liability or recourse to Endowus.
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The participant acknowledges and agrees that:
- Specific Terms for Virtual Events
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The participant acknowledges and agrees that:
- the participant and/or Endowus' access to the internet and/or Virtual Event may be prevented and/or interrupted by circumstances beyond the reasonable control of Endowus including, without limitation, unavailability or interruption of the internet or other electronic or telecommunication services and network transmissions ("Service Disruption Event"). Endowus will not be responsible or liable for any losses and/or indirect or consequential damages arising out of or in connection with any such Service Disruption Event;
- the participants are solely responsible for providing, at their own expense, all equipment necessary to access the Virtual Event, including but not limited to a computer and their own internet access (including payment of third party charges associated with such access, as applicable);
- in order to access the Virtual Event, the participant may be required to configure his/her software settings on a web-device upon first use, to download the software for the operating system, and/or to create an account and password with a third-party platform service provider;
- any registration data provided by the participant to the third-party platform service provider, is subject to their terms and conditions. Endowus, the organiser, Event partners and/or Event sponsors will not be provided, obtain, use, or disseminate any such registration data. Endowus, the Event partners, the organiser and/or Event sponsors expressly disclaim any liability for any such third-party platform service provider’s use of any registration data the participants provide to them;
- the participant is solely responsible for maintaining the confidentiality of his/her passwords and accounts with the third-party platform service provider and for any and all statements made and acts or omissions that occur through the use of the passwords and accounts, including any mail or other forms of communication sent and any charges incurred; and
- the Virtual Event and any recordings are to be viewed by the participant who had registered for the Virtual Event only; the content must under no circumstances be recorded, modified, uploaded, posted, transmitted, republished, distributed, used, adapted, reproduced, translated, or copied for any purpose whatsoever without prior written permission from Endowus, the organiser, the Event sponsors, the Event partners and/or the content provider.
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The participant further acknowledges and agrees that:
- the participants of the Virtual Event are solely responsible for any content they post, communicate or otherwise make available on or through the Virtual Events, including without limitation, the contents of accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any of such content. Any content made available by the participant is not considered confidential by Endowus and may be disseminated or used by Endowus without compensation or liability to the participants for any purpose or in any way whatsoever;
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by posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to the participant through the Virtual Events, the participant agrees that he/she will not communicate, upload, share, post, or otherwise distribute or facilitate distribution of any content including text, communications, software, images, sounds, data, or other information that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates Endowus’ rules or policies;
- victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- constitutes unauthorised or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; or
- transmits software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or impersonates any person or entity, including any of our employees or representatives;
- all content, including without limitation any content made available by the participants are not monitored by Endowus. Endowus does not pre-screen nor exercise editorial control over such content, and are not responsible for the same;
- Endowus may however, in our sole and absolute discretion, screen, delete and/or remove any content made available by the participants if Endowus receives a complaint from another participant or a notice of intellectual property infringement or other legal or regulatory instruction for removal, or which in our sole and absolute opinion violates these Terms and Conditions, or is otherwise illegal or objectionable, or any other reason as Endowus may see fit. Endowus may use automated systems that analyse any content made available by the participant to help detect infringement and abuse, such as spam, malware, and illegal content; and
- Endowus may also block communication by the participants (including but not limited to feedback, postings, messages and/or chats) on the Virtual Events as part of our effort in protecting the Virtual Events or our other participants, or otherwise enforcing the provisions of these Terms and Conditions, without any refund or compensation.
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The participant acknowledges and agrees that:
- Specific Terms for Professional Investor-only Events
- Certain Events (“Professional Investor Events, each a “Professional Investor Event”) may be restricted to professional investors (as defined in Part 1 of Schedule 1 to the Securities and Futures Ordinance as may be amended from time to time) (“Professional Investors”) only.
- Participants of Professional Investor Events represent and warrant that they meet the entry restrictions (“PI Entry Restrictions”) specified in the publicity materials in respect of such Professional Investor Events.
- Endowus reserves the right to verify that participants of Professional Investor Events meet the PI Entry Restrictions, including to require such participants to produce relevant documentation and evidence prior to or at such Professional Investor Events. If a participant refuses to cooperate with the aforementioned verification measures, Endowus reserves the right to deny him/her entry to the relevant Professional Investor Event, in which case such participant will not receive a refund of any fees paid in respect of such Professional Investor Event (if any).
- Other General Terms
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To the maximum extent allowed under applicable law,
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in no event shall Endowus and/or any of its affiliates be liable for any claims, injury, damages or losses of any kind of any nature whatsoever caused and howsoever arising as a result of or otherwise in connection with:
- the access to and use of, the inability to access or use, any delay, interruption or loss of access to or to the use of, or reliance on, the Event Webpages (including any Event registration and registration fee payment webpages), and the functions, content and materials of or in the Event Webpages and/or any linked websites (including any third party payment platforms);
- any and all materials related to the Event (including the Event Material), and any inaccuracy or incompleteness in, or errors or omissions in the transmission of, such aforementioned materials;
- any decision made or action taken by a participant or any third party in reliance upon all information and materials related to the Event (including any Event Material), regardless of whether Endowus has been advised of the possibility of such damage or loss in advance; and
- the registration for, the payment of registration fees for, attendance at, postponement or cancellation of, any Event.
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Endowus and/or its affiliates shall not be responsible for:
- the interaction between you and any of our subcontractors or third party companies in relation to the Event, Event partner or Event sponsors (including any third party payment platforms or Event organisers), (collectively the “Third Party Companies”);
- any disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to conduct of the Third Party Companies, other users of the Event Webpages and/or other participants of a relevant Event, including reliance upon any information provided by any Third Party Companies and/or any Third Party Companies’ websites;
- and does not control content from any Third Party Companies’ websites and as such does not guarantee in any manner the reliability, validity, accuracy or truthfulness of any such content;
- any offensive, indecent or objectionable content in any Third Party Companies’ websites, or uploaded on or made available by any other participants or users on any Event Webpages or during any Event and any liability in connection thereto; and
- your use or access of any content or materials in any Third Party Companies’ websites, or uploaded on or made available by any other participants or users on any Event Webpages or during any Event and any liability in connection thereto;
- each participant (for himself/herself and his/her heirs, dependents, personal representatives, assigns, and anyone else who might make a claim on such participant’s behalf or as a result of his/her death or injury) hereby releases Endowus and its affiliates, and their respective directors, officers, employees, contractors, representatives, agents, successors, and assigns, from any and all claims, demands, causes of action, suits, damages, losses, debts, liabilities, costs and expenses (including without limitation reasonable attorneys’ fees and costs) that such participant may have now or in the future associated in any way with the Event, the Event Material the Recordings, or the Participant Materials; and
- in no event shall Endowus and/or any of its affiliates, nor any of Endowus’ and/or its affiliates’ employees, directors or officers be liable for personal injury, death, illness or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for contracting an illness during the Events, loss of income, loss of profits, corruption or loss of data, programs, failure to transmit or receive any data, business interruption or any other commercial damages or losses, arising out of or related to these Terms and Conditions or any aspect thereof, the Event, and/or registration for, attendance at, postponement or cancellation of the Events, howsoever caused, regardless of the theory of liability (contract, tort or otherwise) and even if Endowus has been advised of the possibility of such damages, and any or all participants may also be required to sign an indemnity form in connection with their registration or attendance at the Events.
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in no event shall Endowus and/or any of its affiliates be liable for any claims, injury, damages or losses of any kind of any nature whatsoever caused and howsoever arising as a result of or otherwise in connection with:
- In no event shall Endowus' maximum aggregate liability for any claim in any way connected with this Agreement and/or any Event exceed in aggregate HKD300 or the Event registration fees that the relevant participant has paid in respect of the relevant Event immediately preceding the circumstances giving rise to such participant's claim, whichever is lower.
- Endowus reserves the right, at its sole and absolute discretion, to change, modify, add to or remove any portion of this Agreement, in whole or in part, at any time. Any such variation of the Agreement shall be posted on this page and your registration for and/or participation in any Event after such variation has been posted will constitute your agreement to the Agreement so varied.
- These terms and conditions are governed by the laws of Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”), and participants agree to submit to the exclusive jurisdiction of the Hong Kong courts.
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To the maximum extent allowed under applicable law,