Terms of Service

Last updated: 1 June 2024, v.2

These Terms of Service (these "Terms") govern your use of the JC Volunteer Together Platform (the "JCVTP") website and App operated by Social Career Limited ("Social Career") and funded by The Hong Kong Jockey Club Charities Trust (the "Trust") (each and together, the "Provider").

Please read these Terms carefully before accessing or using the JCVTP. By accessing the JCVTP, you agree to be bound by our Personal Information Collection Statement, the Privacy Policy and the Terms. If you do not accept all of the Terms and Personal Information Collection Statement, then you should not access the JCVTP.

1. Use of the JCVTP

1.1 The JCVTP is a volunteer opportunity aggregator and recognition platform assessable via a website or the App. The Provider does not provide, own or control any of the services or opportunities that you can access through the JCVTP (each a "Volunteer Opportunity", and collectively the "Volunteer Opportunities"). The Volunteer Opportunities are made available by third party volunteer platforms (the "Volunteer Platform(s)") which are responsible for the Volunteer Opportunities. Accordingly, such Volunteer Opportunities may be subject to terms and privacy policies of the relevant Volunteer Platform(s)(collectively, "Third Party Terms"), and you may be required to read, understand and agree to comply with such Third Party Terms before you can access the Volunteer Opportunity.

1.2 Your interaction with any Volunteer Platform accessed through the JCVTP is at your own risk; the Provider has no control over the content of the Volunteer Platform or the way in which the operators of those Volunteer Platform handle your Personal Data. You should read, understand and agree to comply with such Third Party Terms before you access the Volunteer Opportunity.

1.3 The display on the JCVTP of a Volunteer Opportunity or Volunteer Platform does not in any way imply, suggest, or constitute a recommendation by the Provider of that Volunteer Opportunity or Volunteer Platform.

1.4 The Provider hosts content made available by or obtained from Volunteer Platforms. The Provider is in no way responsible for the accuracy, timeliness or completeness of such content.

2. Signing-up for a Volunteer Opportunity

2.1 If you are redirected to a Volunteer Opportunity through the JCVTP, you are signing-up directly with the Volunteer Platform; the JCVTP only acts as a user interface.

2.2 The Provider does not create the Volunteer Opportunity and shall not in any way be liable for any matters arising from the Volunteer Opportunity, including but not limited to its availability, administration and arrangement. If you have any issues or disputes arising from the Volunteer Opportunity, you shall address and resolve these with the relevant Volunteer Platform and not with us.

3. Your Obligations

3.1 You agree that:

(a) you must provide accurate information when you create your User Account;

(b) you may only create a User Account if you hold a valid HKID card or if you have the requisite permission from the Immigration Department to carry out volunteering activities in Hong Kong;

(c) you may only register one User Account and any duplicated User Account may be deleted by the Provider without incurring any liability for any loss suffered as a result of the deletion of the duplicated User Accounts;

(d) you are responsible for safeguarding the password and login details of your User Account, and are responsible for all activities that occur under your User Account. Without prejudice to the foregoing, you should notify the Provider immediately if you become aware of any breach of security or unauthorized use of your User Account;

(e) you may not use another person's User Account without their permission;

(f) you may not disassemble, decompile or reverse engineer the JCVTP or attempt or assist anyone else to do so, unless such restriction is prohibited by law;

(g) the JCVTP is not intended for use by persons under the age of 6, and persons under the age of 18 are required to obtain parental or guardian consent before signing up for a User Account. If you are under the age of 18, by using the JCVTP and agreeing to these Terms, you are representing that you have received consent from your parent or legal guardian. This consent must cover your use of the JCVTP and any associated services as described in these Terms. Misrepresentation of your age or consent status may result in the termination of your User Account;

(h) if you are a parent or guardian of a child under the age of 18, you accept these Terms and shall procure your child to accept and comply with these Terms while using JCVTP;

(i) you will not engage in any activity that interferes with or disrupts the JCVTP or the servers and networks through which the JCVTP is provided;

(j) you will not copy, reproduce, download, re-publish, sell, distribute or resell any part of the JCVTP;

(k) you shall not install, upload or transmit (or allow the installation, uploading or transmission of) any viruses or malicious instructions, codes, techniques or devices capable of disrupting, disabling, damaging, shutting down or gaining unauthorised access to the JCVTP, other telecommunications or computer systems or devices or any data transmitted through or stored on the foregoing;

(l) you shall not take any action or allow any third party to take any action that would enable you, or any third party, to gain unauthorised access to, or to tamper with or use any computer systems or networks of the Provider or any third parties; and

(m) you are solely responsible for, and we have no responsibility to you or to any third party for any breach of your obligations under these Terms.

3.2 You agree to use the JCVTP only for such purposes that are permitted by these Terms and any applicable law.

3.3 You agree not to use the JCVTP:

(a) to contravene or infringe upon any third party's rights;

(b) to send, communicate, upload, or engage in any harassing, disruptive, offensive, abusive, threatening, indecent, defamatory, obscene or menacing behaviour;

(c) to impersonate another person or otherwise misrepresent an affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;

(d) to probe, scan, or test the vulnerability of any system or network, or breach or circumvent any security or authentication measures;

(e) to access or search the JCVTP by any means other than the Provider’s publicly supported interfaces (for example: scraping); or

(f) to upload or claim Volunteer Contribution Records other than your own, without appropriate authorization.

4. Parental Consent for Minors

The following applies to Users under the age of 18

4.1 Users must have their parent or guardian's consent to use the JCVTP. The User’s parent or guardian must read and agree to these Terms and our Privacy Policy and shall procure the User to read, agree and comply with these Terms and our Privacy Policy before a User Account can be created or the User can engage in any Volunteer Opportunities.

4.2 The parent or guardian must provide specific consent to their child’s use of the JCVTP when creating the User Account.

4.3 Parents or guardians are responsible for monitoring their children's use of the JCVTP. The Provider assumes no responsibility for verifying that consent has been provided by a parent or guardian, or liability related to such consent, but reserves the right to request additional information to confirm that such consent has been obtained.

4.4 Parents or guardians who wish to withdraw their consent must contact the Provider to deactivate the relevant User Accounts and stop the child’s access to the JCVTP. Following withdrawal of consent, the child will no longer be permitted to use the JCVTP.

5. Volunteer Contribution Records

5.1 JCVTP keeps records of the volunteering service provided by you ("Volunteer Contribution Record"). In order to submit your Volunteer Contribution Record, you may:

(a) ask the NGO that you have volunteered with to report your Volunteer Contribution Record on your behalf ("Channel 1");

(b) have the relevant Volunteer Platform submit the Volunteer Contribution Record on your behalf upon your provision of the volunteering service ("Channel 2"); or

(c) seek endorsement of the Volunteer Contribution Record with the relevant NGO and submit the Volunteer Contribution Record through our App ("Channel 3").

5.2 The Provider reserves the right to remove, pre-screen, review, flag, filter, modify or refuse any Volunteer Contribution Records from your User Account, at our sole discretion, at any time.

5.3 You shall not submit duplicated Volunteer Contribution Records for one Volunteer Opportunity and JCVTP reserves the right to remove duplicated entries for the same Volunteer Opportunity.

5.4 JCVTP will only recognize Volunteer Contribution Records submitted within 3 months following the conclusion of your volunteer service. Any submission or confirmation of the Volunteer Contribution Record beyond this timeframe, whether by you or the NGO, will be deemed invalid and will not be considered for any Reward. It remains the exclusive responsibility of the User to ensure timely submission of these records. Neither JCVTP nor the Provider assumes any liability for records lost or uncounted due to late submissions.

5.5 Users shall be solely responsible for the accuracy of their Volunteer Contribution Records. If you submitted your Volunteer Contribution Record via Channel 1 or Channel 2, and the Volunteer Contribution Record is inaccurate, you should submit your Volunteer Contribution Record amendment request to the relevant NGO or Volunteer Platform. If you submitted your Volunteer Contribution Record via Channel 3, you should contact the relevant NGO that the Volunteer Contribution Record was confirmed with in order to amend the Volunteer Contribution Record.

6. Membership Tiers

6.1 To recognize and honour your commitment to volunteering, JCVTP has developed a tiered membership programme based on the annual accumulation of recognised volunteer hours in your Volunteer Contribution Record (the "Membership Programme"). Each User’s classification within these tiers will be determined by their total volunteer hours logged within a calendar year (the period commencing on the 1 January and concluding on the 31 December of the same year).

The membership tiers are set forth as follows:

Starter: The default status granted to all Users upon joining the JCVTP and Membership Programme, without any requisite volunteer hours.

Builder: Users will be reclassified to the ‘Builder’ tier upon the recorded completion of a minimum of 1 volunteer hour within the designated calendar year.

Cruiser: A User will attain the ‘Cruiser’ tier status upon the recorded completion of a minimum of 10 volunteer hours within the designated calendar year.

Ambassador: The highest tier within the Membership Programme. A member will be conferred with the ‘Ambassador’ status upon the recorded accumulation of 25 or more volunteer hours within a single calendar year.

6.2 On 1 of January each year, regardless of the User’s status achieved in the preceding year, all Users’ statuses will be reset to ‘Starter’ and their accumulated annual volunteer hours will return to zero.

6.3 Rewards are structured according to the designated membership tiers of the Membership Programme. Upon achieving a specific tier, a User becomes eligible to access and redeem Rewards corresponding exclusively to that tier. A User may redeem only one Reward from each tier they have attained. Once a Reward has been redeemed from a specific tier, the User shall not be entitled to redeem another Reward from the same tier within the same calendar year. Notwithstanding the foregoing, progression to a higher tier grants the User access to Rewards of both the newly attained tier and the previously achieved tiers, subject to the one-Reward-per-tier limitation stated herein.

7. E-certificate

7.1 JCVTP reserves the right to review and evaluate all e-Certificate applications submitted by Users as part of the Membership Programme. While we strive to accept all eligible applications, it is important to note that not all applications may be processed for various reasons, including but not limited to, incomplete or inaccurate information provided, failure to meet the necessary criteria for e-Certificate issuance, or any violation of the Terms of Service.

7.2 Users acknowledge and agree that the acceptance or rejection of e-Certificate applications is within the sole discretion of JCVTP. The decision made by JCVTP regarding the acceptance or rejection of an e-Certificate application shall be final and binding.

7.3 JCVTP shall make reasonable efforts to notify Users of the acceptance or rejection of their e-Certificate applications within a reasonable timeframe. Users understand and acknowledge that JCVTP is not obligated to provide detailed explanations for the rejection of any e-Certificate application.

8. Rewards

8.1 You are only eligible to redeem the Rewards if you are located in Hong Kong, hold a valid User Account and your Volunteer Contribution Records meet the requirements to redeem a Reward.

8.2 All Rewards earned under the Membership Programme in previous calendar year must be claimedby Users on or before 30 April each year. Failure to claim the Reward within this timeframe will result in forfeiture of your entitlement to the Reward. Upon claiming, the specific validity or expiration date of the Reward will be clearly stated on the Reward itself. Users should note that the duration of Reward validity is contingent upon the specific nature and type of Reward chosen, and may vary between Rewards. It is the responsibility of the Users to adhere to the stated validity period, and no extensions or exceptions will be granted beyond the date indicated on the Reward.

8.3 The Provider offers no assurance of the continuous availability of Rewards and, at its sole discretion, may modify, cancel, replace, impose limits, or adjust redemption requirements for any Reward without prior notice. Such actions may arise in scenarios where a Reward is no longer available, or if a Reward Supplier discontinued operations. The fulfillment and delivery of Rewards remain subject to their availability and the specific terms and conditions set forth by the respective Reward Supplier.

8.4 Apart from redeeming your accrued Reward(s), User has another option to “Pay it Forward” by designating such Reward(s) to the ‘Community Chest’ in accordance with the terms stipulated in the “Pay it Forward” page. Notwithstanding the foregoing, the Provider expressly reserves the right, in its sole and absolute discretion, to modify, limit, or discontinue the “Pay it Forward” mechanism due to constraints in donation capabilities. Further, User should note that the Rewards designated to the ‘Community Chest’ by a User shall not be qualified as tax-deductible contributions by the User, and consequently, no receipts for tax deduction purposes would be issued to the User.

8.5 The Provider expressly disclaims liability to you in respect of the Rewards in all cases. You should contact the relevant Reward Supplier if you have any questions regarding the Rewards.

8.6 The Provider does not make any representations or warranties, expressed or implied, in respect of the Rewards, including, but not limited to, the implied warranties of conditions of merchantable quality or fitness for a particular purpose.

8.7 The Provider has sole and absolute discretion in relation to the Reward and is entitled to reject any request to reverse a redemption of Reward after your confirmation to redeem the Reward is sent, including the circumstances outlined in the clauses above. In the event a dispute arises concerning a Reward, the decision of the Reward Supplier shall be considered conclusive and binding.

9. Termination

You are free to stop using the JCVTP at any time. We reserve the right to suspend or terminate your access to and use of the JCVTP or User Account at any time at our sole discretion and without notice. The Provider expressly disclaims liability to Users for any account suspension or termination.

10. IP Rights

10.1 All rights, title, interest and IP Rights in the JCVTP and contents therein are co-owned by the Provider and will remain the exclusive property of the Provider. You acknowledge and agree that the contents on the JCVTP are made availability solely for your personal non-commercial use and you shall not modify, copy, rent, lease, loan, sell, distribute or create derivative works based on the JCVTP (either in whole or in part) unless you have received the Provider’s express authorisation in writing.

10.2 Any feedback, comments, or suggestions you may provide regarding the JCVTP is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

11. Modifications to the JCVTP

The JCVTP may be modified from time to time, with or without prior notice to you. Your continued use of the JCVTP constitutes your acceptance of such modifications. If you do not agree to any modification we make to the JCVTP, your sole remedy is to terminate your use of the JCVTP.

12. Modifications to these Terms

We may modify these Terms for any reason and at any time, by posting a new version on the JCVTP. Such modifications do not affect rights and obligations that arose prior to such changes. By accessing the JCVTP following the posting of modified Terms, you agree to comply with the prevailing Terms in effect at the time of your use. Please review these Terms periodically for changes. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with the JCVTP in any way, your only recourse is to immediately terminate use of the JCVTP.

13. Disclaimers and Limited Warranties

13.1 The JCVTP, all content and services provided on the JCVTP are provided on an "as is" and "as available" basis. Our content is largely generated in an automated fashion; errors can and do happen. The Provider disclaims to the fullest extent permissible all warranties of any kind, whether express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance.

13.2 Without prejudice to the generality of Clause 13.1 above, the Provider makes no representations or warranties:

(a) as to the accuracy, quality, completeness, currency, adequacy, reliability or validity of any information or material provided on or through the JCVTP;

(b) in relation to any Volunteer Opportunities, Rewards listed, referred to, offered, displayed, published or posted on the JCVTP;

(d) that your use of the JCVTP will be uninterrupted, timely, secure or error-free; or

(e) that defects in the operation or functionality of the JCVTP will be corrected.

13.3 Any materials downloaded or otherwise obtained through the use of the JCVTP is done at your own discretion and risk, and you shall be solely responsible for any damage or Loss that results from the downloading or use of any such material.

14. Indemnification

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You agree to defend, indemnify and hold harmless the Provider, the Reward Suppliers, and their employees, contractors, agents, officers and directors, from and against any and all Losses arising from your use of and access to the JCVTP, or Rewards in which you have applied for, accepted or participated, or any use by you or a third party of your User Account with your knowledge or consent.

15. Limitation of Liability

15.1 The Provider and the Reward Suppliers shall not be liable for any lost profits or special, incidental or consequential Losses suffered by any User (however arising, including negligence) arising out of or in connection with the JCVTP or these Terms.

15.2 To the fullest extent permitted by applicable laws, neither JCVTP nor the Provider shall be liable to you in contract, tort (including negligence), breach of statutory duty or otherwise for any Losses whatsoever (including whether general, special indirect, direct, nominal, punitive, incidental or consequential) which may arise in relation to these Terms, the Volunteer Opportunities, the Rewards and fulfilment of the Rewards, the JCVTP, your User Account, whether or not the Provider was advised in advance of the possibility of such Losses.

15.3 Without prejudice to Clause 15.1 and 15.2 above, solely to the extent that any court of competent jurisdiction issues a decision that Clause 15.2 is invalid or unenforceable, then the Provider’s total liability in relation to these Terms, the Volunteer Opportunities, the Rewards, the JCVTP, your User Account, shall not be greater than HK$1,000.

16. Personal Information Collection Statement and Privacy Policy

Your privacy and security are very important to us. You undertake to read, understand and agree with our Personal Information Collection Statement and our Privacy Policy before providing your personal data to us and consent to the Provider using personal data provided by you and/or gathered in connection with your use of the JCVTP in accordance with the Personal Information Collection Statement and Privacy Policy.

17. Governing Law

These Terms and any dispute or matter arising out of or in relation to the JCVTP shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People's Republic of China. Both you and the Provider shall submit to the exclusive jurisdiction of the courts of Hong Kong.

18. Hyperlinks

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The JCVTP includes hyperlinks to other websites, content or resources, which are hosted, offered or provided by third parties unrelated to the Provider. You understand and agree that:

(a) The Provider has no control over and does not monitor such third party websites, content, or resources;

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(b) The Provider makes no guarantee or warranty, and is not responsible for any such external sites, content or resources (or any products, goods or services promoted, referred to or offered on such external sites or resources); and

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(c) The Provider does not endorse any websites linked to JCVTP.

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19. Severability

If any of these Terms are held invalid, illegal or unenforceable by any court or tribunal of competent jurisdiction, it will be severed and the remaining terms will continue in full force and effect as if these Terms had been made without the invalid, illegal or unenforceable terms.

20. Entire Agreement

These Terms and our Personal Information Collection Statement contain the entire agreement between you and the Provider relating to your use of the JCVTP.

21. Waiver

A failure or delay by the Provider to exercise any right or act upon a breach under these Terms will not be a waiver of that right or breach. Any waiver by the Provider of any of its rights or of a breach of these Terms must be in writing, and such waiver is limited to the particular right or breach stated therein.

22. Assignment

You may not transfer any of your rights or obligations under these Terms without the written consent of the Provider. The Provider may transfer its rights or obligations to any third party without your consent.

23. Language

These Terms are drafted in the English language. If these Terms are translated into any other language, the English language version shall prevail.

24. Definitions

24.1 Capitalised terms used in these Terms shall have the following meanings:

"App" means the Provider’s proprietary mobile application available on the Apple App Store and Google Play Store, which can be used to access JCVTP.

"IP Rights" means any trademarks, logos, corporate names, Internet domain names, registered designs, copyrights, design rights, database rights, rights in designs, inventions, know-how, trade secrets or any similar right exercisable anywhere in the world, and all applications or rights to apply for the same (where such applications can be made), whether presently existing or created in the future, and whether registered or not, and all benefits, privileges, or rights to sue, recover damages and obtain relief for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.

"JCVTP" means the JC Volunteer Together Platform, and includes the volunteer opportunity aggregator and recognition platform and App operated by the Social Career and funded by the Trust.

"Loss" or "Losses" means losses, liabilities, costs, judgments, awards, damages, fines, penalties, settlements, claims, demands, actions, costs, charges, expenses and liabilities of whatsoever nature (including attorney/legal fees for both internal and external counsel, and costs related to investigation, arbitration, litigation or settlement).

"Membership Programme" means the tiered membership programme developed by JCVTP and based on the annual accumulation of recognised volunteer hours in your Volunteer Contribution Record.

"NGO"means a not-for-profit non-governmental organisation, and for purposes of these terms, shall include all forms of Hong Kong based not-for-profit organisations.

"Social Career"means Social Career Limited, a company incorporated under the laws of Hong Kong with its registered office at Unit 20-135 HK Hong Kong Island, 21/F 14 Tai Koo Wan Rd, Tai Koo.

"Terms" means these terms and conditions for use of the JCVTP, and any terms and policies incorporated herein by reference, including any additional terms and each update or amendment of any of the foregoing from time to time.

"Trust" means The Hong Kong Jockey Club Charities Trust.

"Users" means any individual, entity or organisation who accesses, views or uses the JCVTP.

"User Account"means an account established by us in connection with the JCVTP for a User to be able to use the JCVTP.

"you"or "your"means you, the person who is accessing, using or viewing the JCVTP, and any NGO.

"Volunteer Contribution Record" means the record of time spent by a User at volunteer activities or events in Hong Kong, including a Volunteer Opportunity.

"Volunteer Opportunities"means opportunities offered, posted featured on the JCVTP, seeking volunteers to provide services to an NGO for free.

"Volunteer Platform" means the third party volunteer platforms accessed via JCVTP which are offering the Volunteer Opportunities.

"Reward Supplier" means third-party suppliers of Rewards.

"Rewards" means rewards available to Users on the JCVTP based on the Membership Programme reward tier achieved based on their Volunteer Contribution Record.

"we" or "us" refers to the Provider.

24.2 Whenever the words include, includes, including or in particular (or similar derivatives) are used, they are deemed to be followed by the words without limitation.