Application Form
TERMS AND CONDITIONSClose
TERMS AND CONDITIONS
PLEASE READ THE TERMS AND CONDITIONS SET FORTH BELOW, AS THEY APPLY TO YOUR USE OF THE WEBSITE. YOUR USE OF THE WEBSITE SIGNIFIES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND AGREEMENT TO BE BOUND BY THEM AND ANY AND ALL OTHER APPLICABLE TERMS REFERENCED HEREIN ABSOLUTELY
1. DEFINITIONS
1.1 Capitalised terms used in these Terms shall have the following meanings:
“Applicant(s)” means the personnel or organisations submitting the Application for the Scheme.
“Application” means the Energy Performance Certificate and Label Applicationto besubmitted by the Applicant in order to apply for any Energy Performance Certificate and Label, whether for the first time or for renewal, under the Scheme. The Application can be found at http://bestoo.hkgbc.org.hk/greenbuilding/labellingscheme.aspx, which may be amended by us from time to time at our sole discretion, without notice.
“Assessment Tools” or “Tools” means the two on-line assessment tools available to Applicants in their Application, namely: The Free Benchmarking Tool and The Benchmarking & Energy Saving Tool for Office Occupant of Multi-tenancy Office Building (BESTOO).
“Authorised Assessor(s)” or “Assessor(s)” means BESTOO Authorised Assessor(s) for Energy Benchmarking accredited by HKGBC to complete the Verified Assessment and BEST as part of the Application in relation to the Scheme.
“BEST” means The Benchmarking & Energy Saving Tool.
“BESTOO” means The Benchmarking & Energy Saving Tool for Office Occupant of Multi-tenancy Office Building.
“Disabling Code” means any virus, “back door”, “time bomb”, “logic bomb”, “Trojan Horse”, “worm”, “drop dead device” or any other software, computer program or malicious code intended or designed to:
(a) permit access to or use of our computer systems or the computer systems of any third party (including other Users); or
(b) disable, damage, corrupt, erase, interfere, monitor, intercept, copy, or disrupt or impair the normal operation of, our computer systems, the computer systems of any third party (including other Users), the Website, or any associated data or information.
“Fees” means the requisite fee set out at http://bestoo.hkgbc.org.hk/greenbuilding/introduction.aspx to be paid for each and every Energy Performance Certificate and Label application, renewal and appeal, which amounts may be amended from time to time by HKGBC.
“Forms” means all the application forms for the Scheme.
“HKGBC”, “we”, “us” or “our” means the Hong Kong Green Building Council Limited, a company incorporated under the laws of Hong Kong with its registered office at 1/F, Jockey Club Environmental Building,77 Tat Chee Avenue, Kowloon Tong, Hong Kong.
“HKGBC Indemnified Parties” has the meaning given in Clause 18.1.
“Intellectual Property Rights” means any trademarks, service marks, logos, trade names, corporate names, Internet domain names, patents, registered designs, copyrights, design rights, database rights, rights in designs, inventions, semiconductor topography rights, know-how, trade secrets or any similar right exercisable in any part of the world, whether registered or not, and including any applications for the registration of any such rights.
“Loss” or “Losses” means losses, liabilities, costs, judgments, awards, damages, fines, penalties, sanctions, 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) and includes:
(a) loss of profit;
(b) loss of revenue;
(c) loss of time;
(d) loss of anticipated savings;
(e) loss of opportunity;
(f) loss or corruption of data;
(g) loss of use;
(h) loss of business;
(i) wasted expenditure;
(j) loss of or damage to physical property;
(k) business interruption;
(l) loss of or damage to goodwill; or
(m) cost of procuring substitute products and/or services,
(and each paragraph (a) – (m) shall be considered independently without applying the ejusdem generis rule).
“Personal Data” means any data or information relating to an individual and from which it is practicable for the identity of the individual to be directly or indirectly ascertained, and in a form in which access to or processing of the data is practicable (including, but not limited to, names, ages, addresses, occupations, contacts, other personal details and credit card information).
“Privacy Policy” means our privacy policy found at http://bestoo.hkgbc.org.hk/greenbuilding/privacy_policy.aspx and which may be amended by us from time to time at our sole discretion, without notice.
“Scheme” means the Building Energy Performance Recognition Scheme – Office Occupants.
“Secretariat” means the Scheme Secretariat which will be formed out of designated HKGBC staff, who will administer, implement and operate the Scheme
“Service(s)” mean service provided by any of the staff, employees, officers and/or agents of HKGBC in relation to the Scheme.
“Terms” means these terms and conditions for use of the Website.
“Third Party Materials” means any content, material or information, in any format whatsoever, sourced from third parties that you can assess on or through the Website.
“Third Party Provider” means any entity or individual that is not HKGBC, which is the source of any Third Party Materials.
“TRG” means the Technical Review Group, which is the governing body of the Scheme.
“Users” means any other person, other than you, who accesses, views or uses the Website or Service.
“Verified Assessment” means the Application process in which an Authorised Assessor hired by an Applicant will need to collect and independently verify energy performance data of the Applicant’s premises or projects or property, to complete the BEST, and to review, verify and complete the Verified Assessment form.
“Website” means the HKGBC Energy Performance Certificate and Label Application website at http://bestoo.hkgbc.org.hk/greenbuilding/index.aspx .
“Website Content” means any data, material or information, in any format whatsoever, including (without limitation) any data files, text, computer software, images, graphics, photos, video clips, sound, audio files, directories, files, databases or listings, that is made available on or through the Website, including, the Assessment tools, Forms, and any Third Party Materials.
“you” or “your” means you, the person or entity who is accessing or viewing the Website.
“Your Content” means any Website Content that is provided, uploaded, transmitted, submitted or posted by or sourced from you in relation to any of the information needed for the Application or use of Forms or Assessment Tools.
Whenever the words include, includes, including or in particular (or similar derivate) are used, they are deemed to be followed by the words without limitation.
2. ACCEPTANCE OF THESE TERMS
2.1 By accessing and/or using the Website or the Assessment Tools or the Application form, you agree to be bound by and accept these Terms.
2.2 Your access and/or use of the Website, Assessment Tools and Application form is contingent upon you first agreeing to be bound by these Terms and the Privacy Policy.You must cease using the Website or the Assessment Tools or the Application form immediately if you do not agree to accept all of these Terms.
2.3 You must cease accessing or using the Website or the Service and must not accept these Terms if:
(a)you are not of legal age to form a binding contract with HKGBC; or
(b)you are a person barred from accessing or using the Website under the laws of Hong Kong or under the applicable laws of the jurisdiction you are ordinarily resident in or from which you are accessing the Website from.
3. CHANGE OF TERMS
3.1 We may amend the Terms from time to time in our sole discretion without notice or liability to you. By continuing the Application process or to use the Website following such amendments to the Terms, you agree to be bound by such amendments.
4. CHANGES TO THE WEBSITE
4.1 We may, in our sole discretion and at any time, without notice to you, add to, amend or remove any Website Content or Your Content, or alter the presentation, substance, or functionality of the Website or the Service.
4.2 HKGBC reserves the right, but shall have no obligation to, pre-screen, review, flag, filter, modify, refuse or remove any or all Website Content or Your Content from the Website, at its sole discretion.
5. YOUR CONDUCT
5.1 You agree to use the Website and participate under the Scheme only for purposes that are permitted by:
(a) these Terms; and
(b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
5.2 You agree not to use the Website or any Website Content:
(a) in any way that is unlawful and/or breaches any applicable laws, regulations, codes, guidelines or orders;
(b) to contravene or infringe upon any third party’s rights (including Intellectual Property Rights); or
(c) to send, communicate, knowingly receive, upload, download or use any material or engage in any harassing, disruptive, offensive, abusive, threatening, indecent, defamatory, obscene or menacing behaviour, or behaviour that causes annoyance, inconvenience, needless anxiety or are intended to deceive.
5.3 You agree that:
(a) you will not engage in any activity that interferes with or disrupts the Website or the servers and networks through which the Website is provided;
(b) you will not copy, reproduce, download, re-publish, sell, distribute or resell any part of the Website or Website Content;
(c) you will not copy, reproduce, download, compile or otherwise use any part of the Website or Website Content for the purposes of operating a business that competes with the Website, or otherwise commercially exploits the Website, or the Assessment Tools, or Application form or Website Content;
(d) use of the Website, or the Assessment Tools, or the Application form, or any Website Content for any purpose not expressly permitted in the Terms is prohibited;
(e) when using the Website or the Assessment Tools, or the Application form, you, and your employees, sub-contractors, agents or affiliates, shall not install, import or transmit (and shall take reasonable measures to prevent against the installation, importation or transmission of) any Disabling Codes or similar malicious instructions, codes, techniques or devices capable of disrupting, disabling, damaging or shutting down the Website, or the Assessment Tools, or the Application form, or other telecommunications or computer systems or devices;
(f) 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 of our computer systems or networks; and
(g) you are solely responsible for, and HKGBC has no responsibility to you or to any third party (including any Users) for any breach of your obligations under these Terms, and for the consequences of any such breach.
6. THE APPLICATION PROCESS
6.1 First-time and Renewal Application
6.1.1 First-time Applicants will have to pay an application fee to the HKGBC in accordance with the fee structure set out at http://bestoo.hkgbc.org.hk/greenbuilding/introduction.aspx to start the Application process.
6.1.2 The Energy Performance Certificate and Label will remain valid with the same Applicant and premises and will be terminated once the Applicant moves out from the premises. Applicants are required to renew their label if they would like to continue with the use of the label after the validity period. They have to submit the Application together with the relevant documents again for label renewal. A renewal fee as set out at http://bestoo.hkgbc.org.hk/greenbuilding/introduction.aspx will be charged.
6.2 Verification Assessment
6.2.1 The Authorised Assessors shall conduct the services for Verification Assessment at HKGBC’s own discretion.
6.2.2 We are not obliged to ensure that:
(a) all decisions of the Assessor for the verification of documents and information submitted are appropriate;
(b) all specific energy conservation advice given by the tool to Applicants are accurate;
6.2.3 HKGBC would only verify the Business Registration Copy on the date of the Applicant's submission. However, the renewal of Business Registration Copy shall be solely responsible by the Applicant.
6.2.4 After the completion and final submission of the Verified Assessment form to us to proceed to the Application, Applicants can only review but not amend information in the form.
6.3 Application Processing
6.3.1 The Secretariat will review the information in the Verified Assessment form at HKGBC’s own discretion.
6.3.2 The Secretariat, if necessary, will conduct random on-site checking to 10% of the application premises. In this case, the Applicant will be notified of the arrangement and should provide the support and necessary arrangement to facilitate the on-site visit.
6.3.3 If necessary, the Secretariat will request supplementary information from the Applicant for evaluation. Evaluation of the Application will only start when information is sufficient on our discretion.
6.3.4 The Application result will be released to the Applicant through email after the end of the application evaluation.
6.3.5 If the Application is successful, the Energy Performance Certificate and Label will be sent to the Applicant afterwards.
6.3.6 HKGBC holds the final decision over the result of any Application in case of any dispute.
6.3.7 HKGBC has the right, in its sole discretion, to refuse or terminate an Application, for any reason whatsoever (including but not limited to breach of any of these Terms) and at any time.
7 HANDLING OF APPEALS AND COMPLAINTS
7.1 Handling of Appeals
7.1.1 The payment process for an appeal application fee as set out at [insert link] will be notified to the Applicant.
7.1.2 All the documents and information of the appeal cases will be collected and kept by the HKGBC for future references.
7.1.3 HKGBC has the right, in its sole discretion, to refuse or terminate an appeal, for any reason whatsoever (including but not limited to breach of any of these Terms) and at any time.
7.1.4 HKGBC holds the final decision over all handling procedures and result of any appeal in case of any dispute.
7.2 Handling of Complaints
7.2.1 Any person may lodge a complaint in writing, giving reasons and description of the causes for grievance against:
(a) the Scheme operation;
(b) the Authorised Assessor;
(c) the Energy Performance Certificate and Label Holder;
(d) any other matters of relevance to the Scheme
7.2.2 The handling process of any complaint will be decided solely on the discretion of HKGBC.
7.2.3 HKGBC is not obliged to give any feedback or reply in whatsoever format to any person who has lodged a complaint.
8 GENERAL OBLIGATIONS OF APPLICANTS
8.1 The Applicant shall at all times:
(a) comply with the obligations and requirements as required;
(b) ensure the documents they provide are true and accurate;
(c) inform HKGBC for any updated and change of any information (i.e. company name, address,). However, existing certificate will become invalid;
(d) allow the Secretariat to publicise the list of successful and certified premises of the Scheme;
(e) use and display the Energy Performance Certificate and Label honestly and truthfully to any person concerned;
(f) endeavour to ensure that the Energy Performance Certificate and Label awarded is not used in a misleading manner;
(g) maintain the energy performance of the premises
8.2 The Applicant shall cooperate with the Secretariat and BESTOO Authorised Assessors and provide them with full support during on-site assessment(s) as required during the course of the Application and to provide all necessary information.
8.3 In the event that the Applicant fails to meet any of the above obligations, HKGBC may, at its sole discretion, terminate the registration of the premise and request the return of the Energy Performance Certificate and Label.
9 USE OF ENERGY PERFORMANCE CERTIFICATE AND LABEL
9.1 The validity period of the Energy Performance Certificate and Label is 5 years. Applicants are required to submit a renewal application if they would like to continue with the use of the label after the validity period.
9.2 The Applicant shall not use the Energy Performance Certificate and Label in any manner whatsoever that may cause the Secretariat and/or any parties to incur any liability whatsoever. Furthermore, the Applicant shall not make any statement regarding its Energy Performance Certificate and Label that the Secretariat may reasonably consider to be misleading.
9.3 The ownership and copyright of the Energy Performance Certificate and Label remains with HKGBC. The Energy Performance Certificate and Label should be returned to HKGBC at the expense of the Applicant upon the decision by the TRG to terminate the registration of Applicant’s premise.
9.4 The Energy Performance Certificate and Label are not allowed to be displayed in any premises other than the registered address.
9.5 Applicant may only use the Energy Performance Certificate and Label on publicity materials or advertisements with the prior written approval from the Secretariat.
9.6 Using the Energy Performance Certificate and Label on publicity materials or advertisements, reprinting and displaying in premises other than the registered address of the premises and so on without the explicit permission of the HKGBC Secretariat shall be considered as unauthorised use of the Energy Performance Certificate and Label which may lead to the termination of registration.
9.7 Notwithstanding anything to the contrary in these Terms, the Energy Performance Certificate and Label shall expire immediately and shall become invalid immediately upon the carrying out of any material renovation works to the Applicant’s premises and/or any material modification to the Applicant’s electrical and mechanical equipment, as determined in the sole discretion of HKGBC.
10 TERMINATION OF LABEL USE
10.1 The Secretariat has the right to terminate the registration of the premise and use of Energy Performance Certificate and Label of the Applicant at its sole and absolute discretion with the approval of the TRG for any of the following reasons:
(a) The Applicant fails to prove of the genuineness of the application data;
(b) The Applicant behaves in a dishonest or fraudulent manner which jeopardizes or damages the reputation or interests of the Scheme;
(c) The Applicant fails to maintain the energy performance of the premises
10.2 Upon the notification of termination, the Applicant shall return the Energy Performance Certificate and Label to the Secretariat within 2 weeks.
10.3 In the event that the certification status is terminated, the Applicant shall immediately cease the use of any advertisement bearing the Certificate or Label.
10.4 The premises which have had its Energy Performance Certificate and Label terminated may re-apply for certification 6 months after the termination.
10.5 The Applicant must follow the application procedures like a first time application for re-application and pay the application fee. The Secretariat reserves the right to reject, with the approval of the TRG, any such re-application if it sees fit to do so in order to protect the reputation or interests of the Scheme.
11. THIRD PARTY MATERIAL
11.1 You acknowledge and agree that HKGBC shall not be obligated to, but reserves the right at its sole discretion, to actively monitor or exercise any control whatsoever over any Third Party Material. HKGBC does not endorse, verify or otherwise certify any Third Party Material.
12. INTELLECTUAL PROPERTY RIGHTS
12.1 You acknowledge and agree that HKGBC or its licensors, own all legal rights, titles and interest, including any Intellectual Property Rights, in and to the Website the Assessment Tools and the Forms.
12.2 You acknowledge that any Intellectual Property Rights in any Website Content shall belong to HKGBC and/or its licensors. You shall not modify, copy, rent, lease, loan, sell, distribute or create derivative works based on the Website Content (either in whole or in part) unless you have received HKGBC’s express authorisation in writing.
12.3 Nothing in these Terms shall give you a right to use any of HKGBC’s trade names, trademarks, service marks, logos or domain names.
12.4 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Website or Website Content.
13. NOTIFICATION OF INFRINGEMENT OF YOUR INTELLECTUAL PROPERTY RIGHTS
13.1 This Clause 13 is without prejudice to Clauses 16 and 17 of these Terms.
13.2 In the event that you believe any of your Intellectual Property Rights have been infringed on the Website by a User or any Third Party Provider, you may notify us in writing via our contact details stated at http://bestoo.hkgbc.org.hk/greenbuilding/contactus.aspx. To facilitate the processing of any notice received by us from you, you must include the following:
(a) a reference to this Clause 13.2 of the Terms;
(b) proof of your identity;
(c) your contact details;
(d) proof of your ownership of the Intellectual Property Rights;
(e) a copy of, and the hyperlinks to, the relevant item on or that part of the Website that allegedly infringes your Intellectual Property Rights; and
(f)a description of the alleged infringement.
13.3 Upon receipt of your notice and the required information stated in Clause 13.2, we may (in our sole discretion) take any action we deem appropriate, which may include any of the following:
(a) remove any listings and/or the alleged infringing Website Content; or
(b) notify the Third Party Provider responsible for the listing(s) regarding your claim of infringement of Intellectual Property Rights.
13.4 You shall indemnify and hold HKGBC harmless from Losses arising out of and/or in relation to any Intellectual Property Rights infringement claim made by you, any amendment, deletion or removal of a Website Content (including Third Party Material) or termination or suspension of an Application pursuant to your Intellectual Property Rights infringement claim.
13.5 Any action taken by HKGBC shall not be construed as any endorsement or rejection of any Intellectual Property Rights infringement claim. Any claims regarding Intellectual Property Rights infringement shall be resolved by the relevant parties.
14. HYPERLINKS
14.1 The Website may include hyperlinks to other websites, content or resources, which are hosted, offered or provided by third parties unrelated to HKGBC. You understand and agree that:
(a) HKGBC has no control over and does not monitor such third party websites, content, or resources;
(b) HKGBC 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 sits or resources); and
(c) HKGBC does not endorse any websites linked to the Website, or any advertising, products, goods, services or other materials on or available from such websites or resources.
15. APPLICANTS WARRANTIES
15.1 By submitting any of the Forms, an Applicant warrants that:
(a) the Applicant is validly registered and incorporated;
(b) the Applicant’s name and address provided by the Applicant is identical to the information on the Applicant’s Business Registration Certificate;
(c) all information submitted by the Applicant are accurate;
(d) none of the information submitted by the Applicant infringe and/or may infringe any rights, including intellectual property rights, belonging to a third party; and
(e) the Applicant has permission to provide the information submitted.
16. WARRANTIES AND DISCLAIMERS
16.1 All Website Content is for your general reference only, and any information on the Website is not intended to amount to any advice or recommendation on which you should rely on for any purposes.
16.2 All Website Content has been prepared by HKGBC, on the basis of the most current information available to it. HKGBC believes, to the best of its knowledge, that all information given is reliable, but makes no guarantee of its accuracy.
16.3 HKGBC and all offices, organisations and personnel represented in the Website are not responsible for:
(a) any errors or omissions contained in this Website;
(b) any use or reference to this Website or any of the Website Content;
(c) any liability of any damages whatsoever arising out or related to this Website or the Website Content;
(d) any dealings between the Applicant and the BESTOO Authorised Assessor for Application of the Scheme;
(e) any consequence arising as a result of applying for the Scheme, use of Energy Performance Certificate and Label, cessation of joining the Scheme, result of the publication or announcement of premises;
(f) This Clause 16.3 shall survive after termination or cessation of use of Energy Performance Certificate and Label.
16.4 HKGBC and all offices, organisations and personnel represented in the Website reserve the right to make any changes to any Website Content without notice.
16.5 You expressly understand and agree that your use of the Forms, Assessment Tools and Website:
(a) is at your sole risk and that the Service and Website is provided “as is” and “as available”;
(b) does not form a “contract of sale” between HKGBC and you, for the purposes of the Sale of Goods Ordinance (Cap. 26), as HKGBC is not acting as a “seller” of any goods.
16.6 You are responsible to ensure that your use of the Website Content and any Third Party Material complies with your requirements and all applicable legal requirements.
16.7 HKGBC and all offices, organisations, appointed contractors, agents affiliated to the company, or personnel shall not accept any responsibility or liability whatsoever in relation to any claims that may be against the said parties.
16.8 HKGBC makes no representations or warranties:
(a) as to the accuracy, quality, completeness, currentness, adequacy, reliability or validity of any information or material provided on or through the Website, including all Website Content;
(b) that the Website, Website Content, Third Party Materials, or Your Content will meet your requirements, or are free of defect, error, omission, virus or anything which may change, erase, add to or damage your software, data or equipment;
(c) that your use of the Assessment Tools, Forms, or the Website will be uninterrupted, timely, secure or error-free;
(d) that defects in the operation or functionality of the Website will be corrected.
16.9 No User may distribute, modify, transmit or use the contents of this Website in any manner for public or commercial purposes without written permission from HKGBC. All materials and information in this Website may be downloaded for non-commercial or personal use only. Under no circumstances should the use of this Website be construed as granting a license or right to use any of the intellectual property rights displayed in this Website, without the written permission of HKGBC.
17. LIMITATION OF LIABILITY
17.1 Nothing in this Clause 17 or Clause 16 above, shall exclude or restrict any warranty or liability:
(a)for death or personal injury caused by HKGBC's negligence;
(b)for fraud or fraudulent misrepresentation; or
(c)that may not be lawfully excluded or limited by the applicable law.
Only the limitations and/or exclusions that are lawful under the applicable law will apply, and HKGBC’s liability will be limited to the maximum extent permitted by the applicable law.
17.2 HKGBC shall not 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 the Application, Website Content, the Website, Your Content or Third Party Materials, whether or not HKGBC were advised in advance of the possibility of such Losses including any Losses resulting from or in relation to:
(a) your use, access or inability to use or access the Website, Website Content or Your Content;
(b) any changes made by HKGBC to the Website, Website Content or Your Content, or for any permanent or temporary cessation in the provision of the Application, the Website, the Website Content, or Your Content (in whole or in part);
(c) any approval or refusal by HKGBC to your Application, or participation to the Scheme, or use of the Energy Performance Certificate and Label, or result of the publication or announcement of premises;
(d) any deletion of, corruption of or failure to store any content and other communications data maintained or transmitted by you through the use of the Website or the Forms or the Assessment Tools;
(e) any Third Party Materials accessed, viewed, downloaded, used, relied on or otherwise obtained by you in relation to or via the Website or Website Content;
(f) any services, samples, information, or any data whatsoever, obtained by you or any user through the use of the Website or the Forms or Assessment Tools or information obtained from the Website, Website Content, or Your Content;
(g) any statements made by or the conduct of any third party on the Website; or
(h) violation of your Intellectual Property Rights by any third party.
17.3 Clause 17.2 shall apply irrespective of whether or not HKGBC has been advised or should have been aware of the possibility of any such losses arising.
17.4 Without prejudice to Clauses 17.1 to 17.3, you hereby agree that the maximum liability of HKGBC, its employees, agents, representatives and affiliates to you for all claims arising out of or in connection with the Application, the Website Content, the Website, Your Content and/or these Terms, whether arising under contract, tort, or otherwise, shall be limited to the total amount of Fees paid by you to HKGBC (if any) under these Terms in the twelve (12) months immediately preceding the event out of which the alleged liability arose.
18. INDEMNITY
18.1 You hereby agree to indemnify, defend and hold harmless HKGBC, its partners, officers, directors, agents, affiliates, and licensors (“HKGBC Indemnified Parties”) from and against all Losses that may arise directly or indirectly out of or in connection with:
(a) any breach or non-compliance by you of any representation, warranty, condition obligation in these Terms or applicable policies;
(b) your use of the Website, Website Content or Third Party Material;
(c) Your Content including:
(i) any use by HKGBC, Users or other third parties of Your Content;
(ii) any claim that Your Content violates any applicable law or infringes the rights of a third party (including a third party's Intellectual Property Rights);
(d) any violation, trespass, contravention, breach or infringement of HKGBC's or any third party’s Intellectual Property Rights, or the unauthorised use or misappropriation of any trade secret of HKGBC or any third party, caused by you, or your employees, agents or affiliates;
(e) any Third Party Materials downloaded, used or otherwise obtained by you; or
(f) any breach by you of the Hong Kong Personal Data (Privacy) Ordinance (Cap. 486) and/or any other ap plicable data protection laws.
18.2 You shall cooperate fully in the defence of any claim made by third parties. HKGBC reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you.
18.3 You hereby acknowledge that damages for improper use of the Assessment Tools, Forms or Website may be irreparable, and HKGBC is entitled to seek equitable relief, including injunctions and preliminary injunctions, in addition to all other remedies.
19. YOUR PRIVACY AND PRIVACY OF OTHERS
19.1 If you use the Website you agree to be bound by our Privacy Policy (found at http://bestoo.hkgbc.org.hk/greenbuilding/privacy_policy.aspx). If you do not agree to the Privacy Policy, you must not use or access the Website.
19.2 You may not send unsolicited emails to a User or use the Website for sending, or assisting in sending, unsolicited emails to third parties.
20. GENERAL
20.1 Governing Law and Jurisdiction These Terms are governed by the laws of Hong Kong, and are subject to the exclusive jurisdiction of the courts of Hong Kong.
20.2 Notices
All legal notices or demands to or upon you shall be effective and deemed to be in writing if delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence address, fax number or email address provided by you to us, or by posting such notice or demand on an area of the Website that is publicly accessible, without a charge. You shall be deemed to have received any such notice, if and when:
(a) HKGBC are able to demonstrate that the notice has been sent to you; or
(b) Immediately upon HKGBC posting such notice on an area of the Website that is publicly accessible without charge.
20.3 Force Majeure Without prejudice to the generality of Clauses 16 and 17 above, under no circumstances shall HKGBC be liable for any delay or failure or disruption in relation to the Website, Website Content, or Your Content resulting directly or indirectly from anything beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, labour disputes, war, riots, civil disturbances, shortages of labour or materials, fires, flood, typhoons, earthquakes, explosions, acts of God, actions or orders issued by governmental or regulatory authorities or any courts or tribunal with applicable jurisdiction, or non-performance of third parties.
20.4 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. Each clause and sub-clause herein shall be treated as a separate and independent provision, and the unenforceability of any one clause shall in no way impair the enforceability of any of the other clauses herein.
20.5 Entire Agreement
These Terms contain the entire agreement between you and HKGBC and replaces all previous written or oral agreements relating to its content.
20.6 Waiver
A failure or delay by HKGBC 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 HKGBC 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.
20.7 Assignment
You may not transfer any of your rights or obligations under these Terms without the written consent of HKGBC. HKGBC may transfer its rights or obligations or both to any person or entity, including any of its affiliates, without your consent.
20.8 No Partnership or Agency
Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between you or HKGBC, constitute you as the agent of HKGBC, or authorise you to make or enter into any commitments for or on behalf of HKGBC.
Privacy Policy
This is the Privacy Policy governing your use of this website (“Website”), all website contents (“Website Content”), and the collection, use, transfer and processing of your personal data by the Hong Kong Green Building Council Limited (“HKGBC”). By using this Website, you consent to our Privacy Policy set out below.
All capitalised terms not otherwise defined in this Privacy Policy shall have the meanings ascribed to them in the Terms and Conditions between you and HKGBC published on the Website, which by use of this Website you agree to accept.
HKGBC respects personal data and is committed to fully implementing and complying with the data protection principles and all relevant provisions of the Hong Kong Personal Data (Privacy) Ordinance (Cap. 486) (the “Ordinance”). This Privacy Policy is governed by and observes the requirements of the Ordinance.
1. About the HKGBC and this Privacy Policy
1.1 HKGBC recognises the importance of safeguarding your personal information. We need to obtain personal information about you in the course of providing our Website and Website Contents to you.
1.2 We want you to understand the terms and conditions surrounding the capture and use of any information we gather. This Privacy Policy discloses what information we gather, how we use this information and how you can correct or change it.
2. AMENDMENTS TO THE PRIVACY POLICY
2.1 We may amend or update this Privacy Policy from time to time and all information will be governed by our most recent Privacy Policy, available on the Website.
2.2 We will notify you of any change to our Privacy Policy that requires your consent.
3. Collection
We may gather two types of information about you:
3.1 HKGBC only collects personal information that we consider relevant and necessary. HKGBC adheres to strict security standards and procedures to protect your personal information from any unauthorised access by anyone, including our staff.
3.2 We may ask you to provide personal information when you use the Website and apply for the Scheme. The personal information (“Personal Data”) that we may ask you to supply or which we may collect from you includes, without limitation: salutation, name, job title, telephone number, fax number, email address, postal address and payment account details, information about your business/company, any correspondence we have with you, details of your visits to the Website and your Membership Account activities.
3.3 Please note that it is mandatory for you to provide certain categories of Personal Data (as specified at the time of collection of them). In the event that you do not provide any Personal Data that is indicated as mandatory, we may not be able to proceed with your Application to the Scheme and/or any services in relation to the Application or the Website.
4. Use of Personal Information
4.1 If you provide any Personal Data to us, you are deemed to have authorised us to collect, retain and use such Personal Data about you for the following purposes: (a) confirming your identity;
(b) providing you with the services you have requested from us, including but not limited to processing and effecting your Application, processing the receipt or refund of Fees, providing you with usage of the Assessment Tools, providing you with a more personalised experience on the Website and responding to your queries, feedback, appeals to Applications, complaints or claims;
(c) providing you with our promotional materials (including but not limited to updates to the Website and Scheme, and updates on the activities of the HKGBC), subject to Clause 5 below, unless you notify us in writing of your objection to receiving such promotional materials; and
(d) making such disclosures as may be required for any of the above purposes or as required by law or in respect of any claims or potential claims brought against or to be made by us.
4.2 If you submit any Application to us, then you are deemed to have acknowledged and have consented to HKGBC using your Personal Data in relation to processing your Application, or to the Scheme, or marketing activities, or transferring the data out of the territory of Hong Kong.
4.3 You have the control over Your Content and are responsible for any Personal Data you choose to upload, publish, post or provide on the Website. HKGBC shall not be liable in relation to any Personal Data you choose to upload, publish, post or provide on the Website or for any breach by you of the Ordinance.
5. MARKETING ACTIVITIES
5.1 By using the Website, you consent that we may use your company’s name, phone number(s), postal address(es) and/or email address(es) (“Marketing Means”) to provide marketing materials, such as newsletters (“Marketing Materials”) to you relating to HKGBC's activities and events in respect of green building standards and sustainable buildings, the Website, the Scheme and your Membership Account.
5.2 You can exercise your right not to receive any Marketing Materials by checking the opt-out box on the registration forms we use to collect your Personal Data. You can also exercise this right at any time by notifying us in writing at the email or postal address stated in Clause 9.4 below, and we will cease to do so, without charge.
6. CONFIDENTIALITY DISCLOSURE OF INFORMATION
61. You agree that we may disclose and transfer (both within Hong Kong and abroad) your Personal Data to:
(a) our professional advisers, legal advisors, and insurers Clause 4.1(d) above;
(b) law enforcement agencies, government and regulatory and other such organisations for the purposes specified at Clause 4.1(d) above; and
(c) our related entities and/or third party services providers (“Third Party Processors”) engaged by us to assist with providing you with our services (including data entry, managing our user database, processing, effecting and verifying payment of Fees and/or refunds) and securely disposing and/or storing of your Personal Data.
6.2 The Third Party Processers, third parties referred to in Clause 6.1(a) and our employees are under a duty of confidentiality to us and are only permitted to use your Personal Data in connection with the purposes specified at Clause 4.1 above, and not for their own purposes (including direct marketing).
6.3 We will maintain confidentiality for all information provided by the applicant in relation to the Application and will not disclose to outside parties the confidential information of an applicant without the written consent from the applicant.
7. PROTECTION AND SECURITY OF PERSONAL DATA
7.1 We take responsible steps to protect all Personal Data we collect or hold about you, our Members and our Users from misuse and loss, and from unauthorised access, modification and disclosure. All reasonable efforts are made to ensure that any personal data held by us is stored in a secure and safe place, and accessed only by our authorised employees or authorised third parties (as outlined in Clause 6 above).
7.2 You should be aware that no system is impenetrable and no information provided over the Internet can be guaranteed to be completely secure. Accordingly, we cannot guarantee the security of any information that you transmit to us or receive from us over the Internet.
8. HYPERLINKS
8.1 This Website may contain links to other sites and pages which are operated by third parties. We have no control over the content of the linked websites or the way in which the operators of those websites deal with your Personal Data. You should review the privacy policy for those third party websites to understand the ways in which your Personal Data may be used by those third parties.
9. HOLDING, CORRECTION AND UPDATING OF PERSONAL INFORMATION
9.1 HKGBC strives to maintain an accurate and up-to-date record of your personal information.
Our Website provides opportunities for uses to email various individuals. This functionality is for business purposes only.
9.2 Any personal information that you provide to us will be collected and held by us at 1F Jockey Club Environmental Building, 77 Tat Chee Avenue, Kowloon Tong, Hong Kong.
9.3 Under the Ordinance, you have the right of access to, and correction of, your Personal Data held by us. If you find that information we hold about you is incorrect, please contact us immediately for update if required for the Application.
9.4 If you have any questions regarding this Privacy Policy or if you wish to access or correct your Personal Data, you may send your request in writing to the following email or postal address:
Attn: The Secretariat
The Hong Kong Green Building Council Limited
Address: 1/F, Jockey Club Environmental Building,77 Tat Chee Avenue, Kowloon Tong, Hong Kong
Email: : www.hkgbc.org.hk
9.5 In accordance with the Ordinance, we reserve the right to charge you a reasonable fee
10. COOKIES
10.1 Cookies are pieces of information stored in your hard-drive about your preferences on our Website, which enable the Website to be tailored to you in future visits.
10.2 You agree that we may use automated cookie devices and records to make the Website user friendly and convenient, and to personalise it for you by recognizing you when you log in, identifying your transaction history and likely interests, and building an online user profile of you.
10.3 You can choose to refuse cookies by turning them off in your browser and/or deleting them from your hard drive. However, by disabling cookies you may not be able to access all parts of the Website or maintain a logged in session.s
11. COMPLAINTS
11.1 If you have any complaints on the basis that you feel your privacy has been breached because we have failed to comply with this Privacy Policy, you should contact us using the postal and email address stated in Clause 9.4 above.
PLEASE READ THE TERMS AND CONDITIONS SET FORTH BELOW, AS THEY APPLY TO YOUR USE OF THE WEBSITE. YOUR USE OF THE WEBSITE SIGNIFIES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND AGREEMENT TO BE BOUND BY THEM AND ANY AND ALL OTHER APPLICABLE TERMS REFERENCED HEREIN ABSOLUTELY
1. DEFINITIONS
1.1 Capitalised terms used in these Terms shall have the following meanings:
“Applicant(s)” means the personnel or organisations submitting the Application for the Scheme.
“Application” means the Energy Performance Certificate and Label Applicationto besubmitted by the Applicant in order to apply for any Energy Performance Certificate and Label, whether for the first time or for renewal, under the Scheme. The Application can be found at http://bestoo.hkgbc.org.hk/greenbuilding/labellingscheme.aspx, which may be amended by us from time to time at our sole discretion, without notice.
“Assessment Tools” or “Tools” means the two on-line assessment tools available to Applicants in their Application, namely: The Free Benchmarking Tool and The Benchmarking & Energy Saving Tool for Office Occupant of Multi-tenancy Office Building (BESTOO).
“Authorised Assessor(s)” or “Assessor(s)” means BESTOO Authorised Assessor(s) for Energy Benchmarking accredited by HKGBC to complete the Verified Assessment and BEST as part of the Application in relation to the Scheme.
“BEST” means The Benchmarking & Energy Saving Tool.
“BESTOO” means The Benchmarking & Energy Saving Tool for Office Occupant of Multi-tenancy Office Building.
“Disabling Code” means any virus, “back door”, “time bomb”, “logic bomb”, “Trojan Horse”, “worm”, “drop dead device” or any other software, computer program or malicious code intended or designed to:
(a) permit access to or use of our computer systems or the computer systems of any third party (including other Users); or
(b) disable, damage, corrupt, erase, interfere, monitor, intercept, copy, or disrupt or impair the normal operation of, our computer systems, the computer systems of any third party (including other Users), the Website, or any associated data or information.
“Fees” means the requisite fee set out at http://bestoo.hkgbc.org.hk/greenbuilding/introduction.aspx to be paid for each and every Energy Performance Certificate and Label application, renewal and appeal, which amounts may be amended from time to time by HKGBC.
“Forms” means all the application forms for the Scheme.
“HKGBC”, “we”, “us” or “our” means the Hong Kong Green Building Council Limited, a company incorporated under the laws of Hong Kong with its registered office at 1/F, Jockey Club Environmental Building,77 Tat Chee Avenue, Kowloon Tong, Hong Kong.
“HKGBC Indemnified Parties” has the meaning given in Clause 18.1.
“Intellectual Property Rights” means any trademarks, service marks, logos, trade names, corporate names, Internet domain names, patents, registered designs, copyrights, design rights, database rights, rights in designs, inventions, semiconductor topography rights, know-how, trade secrets or any similar right exercisable in any part of the world, whether registered or not, and including any applications for the registration of any such rights.
“Loss” or “Losses” means losses, liabilities, costs, judgments, awards, damages, fines, penalties, sanctions, 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) and includes:
(a) loss of profit;
(b) loss of revenue;
(c) loss of time;
(d) loss of anticipated savings;
(e) loss of opportunity;
(f) loss or corruption of data;
(g) loss of use;
(h) loss of business;
(i) wasted expenditure;
(j) loss of or damage to physical property;
(k) business interruption;
(l) loss of or damage to goodwill; or
(m) cost of procuring substitute products and/or services,
(and each paragraph (a) – (m) shall be considered independently without applying the ejusdem generis rule).
“Personal Data” means any data or information relating to an individual and from which it is practicable for the identity of the individual to be directly or indirectly ascertained, and in a form in which access to or processing of the data is practicable (including, but not limited to, names, ages, addresses, occupations, contacts, other personal details and credit card information).
“Privacy Policy” means our privacy policy found at http://bestoo.hkgbc.org.hk/greenbuilding/privacy_policy.aspx and which may be amended by us from time to time at our sole discretion, without notice.
“Scheme” means the Building Energy Performance Recognition Scheme – Office Occupants.
“Secretariat” means the Scheme Secretariat which will be formed out of designated HKGBC staff, who will administer, implement and operate the Scheme
“Service(s)” mean service provided by any of the staff, employees, officers and/or agents of HKGBC in relation to the Scheme.
“Terms” means these terms and conditions for use of the Website.
“Third Party Materials” means any content, material or information, in any format whatsoever, sourced from third parties that you can assess on or through the Website.
“Third Party Provider” means any entity or individual that is not HKGBC, which is the source of any Third Party Materials.
“TRG” means the Technical Review Group, which is the governing body of the Scheme.
“Users” means any other person, other than you, who accesses, views or uses the Website or Service.
“Verified Assessment” means the Application process in which an Authorised Assessor hired by an Applicant will need to collect and independently verify energy performance data of the Applicant’s premises or projects or property, to complete the BEST, and to review, verify and complete the Verified Assessment form.
“Website” means the HKGBC Energy Performance Certificate and Label Application website at http://bestoo.hkgbc.org.hk/greenbuilding/index.aspx .
“Website Content” means any data, material or information, in any format whatsoever, including (without limitation) any data files, text, computer software, images, graphics, photos, video clips, sound, audio files, directories, files, databases or listings, that is made available on or through the Website, including, the Assessment tools, Forms, and any Third Party Materials.
“you” or “your” means you, the person or entity who is accessing or viewing the Website.
“Your Content” means any Website Content that is provided, uploaded, transmitted, submitted or posted by or sourced from you in relation to any of the information needed for the Application or use of Forms or Assessment Tools.
Whenever the words include, includes, including or in particular (or similar derivate) are used, they are deemed to be followed by the words without limitation.
2. ACCEPTANCE OF THESE TERMS
2.1 By accessing and/or using the Website or the Assessment Tools or the Application form, you agree to be bound by and accept these Terms.
2.2 Your access and/or use of the Website, Assessment Tools and Application form is contingent upon you first agreeing to be bound by these Terms and the Privacy Policy.You must cease using the Website or the Assessment Tools or the Application form immediately if you do not agree to accept all of these Terms.
2.3 You must cease accessing or using the Website or the Service and must not accept these Terms if:
(a)you are not of legal age to form a binding contract with HKGBC; or
(b)you are a person barred from accessing or using the Website under the laws of Hong Kong or under the applicable laws of the jurisdiction you are ordinarily resident in or from which you are accessing the Website from.
3. CHANGE OF TERMS
3.1 We may amend the Terms from time to time in our sole discretion without notice or liability to you. By continuing the Application process or to use the Website following such amendments to the Terms, you agree to be bound by such amendments.
4. CHANGES TO THE WEBSITE
4.1 We may, in our sole discretion and at any time, without notice to you, add to, amend or remove any Website Content or Your Content, or alter the presentation, substance, or functionality of the Website or the Service.
4.2 HKGBC reserves the right, but shall have no obligation to, pre-screen, review, flag, filter, modify, refuse or remove any or all Website Content or Your Content from the Website, at its sole discretion.
5. YOUR CONDUCT
5.1 You agree to use the Website and participate under the Scheme only for purposes that are permitted by:
(a) these Terms; and
(b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
5.2 You agree not to use the Website or any Website Content:
(a) in any way that is unlawful and/or breaches any applicable laws, regulations, codes, guidelines or orders;
(b) to contravene or infringe upon any third party’s rights (including Intellectual Property Rights); or
(c) to send, communicate, knowingly receive, upload, download or use any material or engage in any harassing, disruptive, offensive, abusive, threatening, indecent, defamatory, obscene or menacing behaviour, or behaviour that causes annoyance, inconvenience, needless anxiety or are intended to deceive.
5.3 You agree that:
(a) you will not engage in any activity that interferes with or disrupts the Website or the servers and networks through which the Website is provided;
(b) you will not copy, reproduce, download, re-publish, sell, distribute or resell any part of the Website or Website Content;
(c) you will not copy, reproduce, download, compile or otherwise use any part of the Website or Website Content for the purposes of operating a business that competes with the Website, or otherwise commercially exploits the Website, or the Assessment Tools, or Application form or Website Content;
(d) use of the Website, or the Assessment Tools, or the Application form, or any Website Content for any purpose not expressly permitted in the Terms is prohibited;
(e) when using the Website or the Assessment Tools, or the Application form, you, and your employees, sub-contractors, agents or affiliates, shall not install, import or transmit (and shall take reasonable measures to prevent against the installation, importation or transmission of) any Disabling Codes or similar malicious instructions, codes, techniques or devices capable of disrupting, disabling, damaging or shutting down the Website, or the Assessment Tools, or the Application form, or other telecommunications or computer systems or devices;
(f) 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 of our computer systems or networks; and
(g) you are solely responsible for, and HKGBC has no responsibility to you or to any third party (including any Users) for any breach of your obligations under these Terms, and for the consequences of any such breach.
6. THE APPLICATION PROCESS
6.1 First-time and Renewal Application
6.1.1 First-time Applicants will have to pay an application fee to the HKGBC in accordance with the fee structure set out at http://bestoo.hkgbc.org.hk/greenbuilding/introduction.aspx to start the Application process.
6.1.2 The Energy Performance Certificate and Label will remain valid with the same Applicant and premises and will be terminated once the Applicant moves out from the premises. Applicants are required to renew their label if they would like to continue with the use of the label after the validity period. They have to submit the Application together with the relevant documents again for label renewal. A renewal fee as set out at http://bestoo.hkgbc.org.hk/greenbuilding/introduction.aspx will be charged.
6.2 Verification Assessment
6.2.1 The Authorised Assessors shall conduct the services for Verification Assessment at HKGBC’s own discretion.
6.2.2 We are not obliged to ensure that:
(a) all decisions of the Assessor for the verification of documents and information submitted are appropriate;
(b) all specific energy conservation advice given by the tool to Applicants are accurate;
6.2.3 HKGBC would only verify the Business Registration Copy on the date of the Applicant's submission. However, the renewal of Business Registration Copy shall be solely responsible by the Applicant.
6.2.4 After the completion and final submission of the Verified Assessment form to us to proceed to the Application, Applicants can only review but not amend information in the form.
6.3 Application Processing
6.3.1 The Secretariat will review the information in the Verified Assessment form at HKGBC’s own discretion.
6.3.2 The Secretariat, if necessary, will conduct random on-site checking to 10% of the application premises. In this case, the Applicant will be notified of the arrangement and should provide the support and necessary arrangement to facilitate the on-site visit.
6.3.3 If necessary, the Secretariat will request supplementary information from the Applicant for evaluation. Evaluation of the Application will only start when information is sufficient on our discretion.
6.3.4 The Application result will be released to the Applicant through email after the end of the application evaluation.
6.3.5 If the Application is successful, the Energy Performance Certificate and Label will be sent to the Applicant afterwards.
6.3.6 HKGBC holds the final decision over the result of any Application in case of any dispute.
6.3.7 HKGBC has the right, in its sole discretion, to refuse or terminate an Application, for any reason whatsoever (including but not limited to breach of any of these Terms) and at any time.
7 HANDLING OF APPEALS AND COMPLAINTS
7.1 Handling of Appeals
7.1.1 The payment process for an appeal application fee as set out at [insert link] will be notified to the Applicant.
7.1.2 All the documents and information of the appeal cases will be collected and kept by the HKGBC for future references.
7.1.3 HKGBC has the right, in its sole discretion, to refuse or terminate an appeal, for any reason whatsoever (including but not limited to breach of any of these Terms) and at any time.
7.1.4 HKGBC holds the final decision over all handling procedures and result of any appeal in case of any dispute.
7.2 Handling of Complaints
7.2.1 Any person may lodge a complaint in writing, giving reasons and description of the causes for grievance against:
(a) the Scheme operation;
(b) the Authorised Assessor;
(c) the Energy Performance Certificate and Label Holder;
(d) any other matters of relevance to the Scheme
7.2.2 The handling process of any complaint will be decided solely on the discretion of HKGBC.
7.2.3 HKGBC is not obliged to give any feedback or reply in whatsoever format to any person who has lodged a complaint.
8 GENERAL OBLIGATIONS OF APPLICANTS
8.1 The Applicant shall at all times:
(a) comply with the obligations and requirements as required;
(b) ensure the documents they provide are true and accurate;
(c) inform HKGBC for any updated and change of any information (i.e. company name, address,). However, existing certificate will become invalid;
(d) allow the Secretariat to publicise the list of successful and certified premises of the Scheme;
(e) use and display the Energy Performance Certificate and Label honestly and truthfully to any person concerned;
(f) endeavour to ensure that the Energy Performance Certificate and Label awarded is not used in a misleading manner;
(g) maintain the energy performance of the premises
8.2 The Applicant shall cooperate with the Secretariat and BESTOO Authorised Assessors and provide them with full support during on-site assessment(s) as required during the course of the Application and to provide all necessary information.
8.3 In the event that the Applicant fails to meet any of the above obligations, HKGBC may, at its sole discretion, terminate the registration of the premise and request the return of the Energy Performance Certificate and Label.
9 USE OF ENERGY PERFORMANCE CERTIFICATE AND LABEL
9.1 The validity period of the Energy Performance Certificate and Label is 5 years. Applicants are required to submit a renewal application if they would like to continue with the use of the label after the validity period.
9.2 The Applicant shall not use the Energy Performance Certificate and Label in any manner whatsoever that may cause the Secretariat and/or any parties to incur any liability whatsoever. Furthermore, the Applicant shall not make any statement regarding its Energy Performance Certificate and Label that the Secretariat may reasonably consider to be misleading.
9.3 The ownership and copyright of the Energy Performance Certificate and Label remains with HKGBC. The Energy Performance Certificate and Label should be returned to HKGBC at the expense of the Applicant upon the decision by the TRG to terminate the registration of Applicant’s premise.
9.4 The Energy Performance Certificate and Label are not allowed to be displayed in any premises other than the registered address.
9.5 Applicant may only use the Energy Performance Certificate and Label on publicity materials or advertisements with the prior written approval from the Secretariat.
9.6 Using the Energy Performance Certificate and Label on publicity materials or advertisements, reprinting and displaying in premises other than the registered address of the premises and so on without the explicit permission of the HKGBC Secretariat shall be considered as unauthorised use of the Energy Performance Certificate and Label which may lead to the termination of registration.
9.7 Notwithstanding anything to the contrary in these Terms, the Energy Performance Certificate and Label shall expire immediately and shall become invalid immediately upon the carrying out of any material renovation works to the Applicant’s premises and/or any material modification to the Applicant’s electrical and mechanical equipment, as determined in the sole discretion of HKGBC.
10 TERMINATION OF LABEL USE
10.1 The Secretariat has the right to terminate the registration of the premise and use of Energy Performance Certificate and Label of the Applicant at its sole and absolute discretion with the approval of the TRG for any of the following reasons:
(a) The Applicant fails to prove of the genuineness of the application data;
(b) The Applicant behaves in a dishonest or fraudulent manner which jeopardizes or damages the reputation or interests of the Scheme;
(c) The Applicant fails to maintain the energy performance of the premises
10.2 Upon the notification of termination, the Applicant shall return the Energy Performance Certificate and Label to the Secretariat within 2 weeks.
10.3 In the event that the certification status is terminated, the Applicant shall immediately cease the use of any advertisement bearing the Certificate or Label.
10.4 The premises which have had its Energy Performance Certificate and Label terminated may re-apply for certification 6 months after the termination.
10.5 The Applicant must follow the application procedures like a first time application for re-application and pay the application fee. The Secretariat reserves the right to reject, with the approval of the TRG, any such re-application if it sees fit to do so in order to protect the reputation or interests of the Scheme.
11. THIRD PARTY MATERIAL
11.1 You acknowledge and agree that HKGBC shall not be obligated to, but reserves the right at its sole discretion, to actively monitor or exercise any control whatsoever over any Third Party Material. HKGBC does not endorse, verify or otherwise certify any Third Party Material.
12. INTELLECTUAL PROPERTY RIGHTS
12.1 You acknowledge and agree that HKGBC or its licensors, own all legal rights, titles and interest, including any Intellectual Property Rights, in and to the Website the Assessment Tools and the Forms.
12.2 You acknowledge that any Intellectual Property Rights in any Website Content shall belong to HKGBC and/or its licensors. You shall not modify, copy, rent, lease, loan, sell, distribute or create derivative works based on the Website Content (either in whole or in part) unless you have received HKGBC’s express authorisation in writing.
12.3 Nothing in these Terms shall give you a right to use any of HKGBC’s trade names, trademarks, service marks, logos or domain names.
12.4 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Website or Website Content.
13. NOTIFICATION OF INFRINGEMENT OF YOUR INTELLECTUAL PROPERTY RIGHTS
13.1 This Clause 13 is without prejudice to Clauses 16 and 17 of these Terms.
13.2 In the event that you believe any of your Intellectual Property Rights have been infringed on the Website by a User or any Third Party Provider, you may notify us in writing via our contact details stated at http://bestoo.hkgbc.org.hk/greenbuilding/contactus.aspx. To facilitate the processing of any notice received by us from you, you must include the following:
(a) a reference to this Clause 13.2 of the Terms;
(b) proof of your identity;
(c) your contact details;
(d) proof of your ownership of the Intellectual Property Rights;
(e) a copy of, and the hyperlinks to, the relevant item on or that part of the Website that allegedly infringes your Intellectual Property Rights; and
(f)a description of the alleged infringement.
13.3 Upon receipt of your notice and the required information stated in Clause 13.2, we may (in our sole discretion) take any action we deem appropriate, which may include any of the following:
(a) remove any listings and/or the alleged infringing Website Content; or
(b) notify the Third Party Provider responsible for the listing(s) regarding your claim of infringement of Intellectual Property Rights.
13.4 You shall indemnify and hold HKGBC harmless from Losses arising out of and/or in relation to any Intellectual Property Rights infringement claim made by you, any amendment, deletion or removal of a Website Content (including Third Party Material) or termination or suspension of an Application pursuant to your Intellectual Property Rights infringement claim.
13.5 Any action taken by HKGBC shall not be construed as any endorsement or rejection of any Intellectual Property Rights infringement claim. Any claims regarding Intellectual Property Rights infringement shall be resolved by the relevant parties.
14. HYPERLINKS
14.1 The Website may include hyperlinks to other websites, content or resources, which are hosted, offered or provided by third parties unrelated to HKGBC. You understand and agree that:
(a) HKGBC has no control over and does not monitor such third party websites, content, or resources;
(b) HKGBC 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 sits or resources); and
(c) HKGBC does not endorse any websites linked to the Website, or any advertising, products, goods, services or other materials on or available from such websites or resources.
15. APPLICANTS WARRANTIES
15.1 By submitting any of the Forms, an Applicant warrants that:
(a) the Applicant is validly registered and incorporated;
(b) the Applicant’s name and address provided by the Applicant is identical to the information on the Applicant’s Business Registration Certificate;
(c) all information submitted by the Applicant are accurate;
(d) none of the information submitted by the Applicant infringe and/or may infringe any rights, including intellectual property rights, belonging to a third party; and
(e) the Applicant has permission to provide the information submitted.
16. WARRANTIES AND DISCLAIMERS
16.1 All Website Content is for your general reference only, and any information on the Website is not intended to amount to any advice or recommendation on which you should rely on for any purposes.
16.2 All Website Content has been prepared by HKGBC, on the basis of the most current information available to it. HKGBC believes, to the best of its knowledge, that all information given is reliable, but makes no guarantee of its accuracy.
16.3 HKGBC and all offices, organisations and personnel represented in the Website are not responsible for:
(a) any errors or omissions contained in this Website;
(b) any use or reference to this Website or any of the Website Content;
(c) any liability of any damages whatsoever arising out or related to this Website or the Website Content;
(d) any dealings between the Applicant and the BESTOO Authorised Assessor for Application of the Scheme;
(e) any consequence arising as a result of applying for the Scheme, use of Energy Performance Certificate and Label, cessation of joining the Scheme, result of the publication or announcement of premises;
(f) This Clause 16.3 shall survive after termination or cessation of use of Energy Performance Certificate and Label.
16.4 HKGBC and all offices, organisations and personnel represented in the Website reserve the right to make any changes to any Website Content without notice.
16.5 You expressly understand and agree that your use of the Forms, Assessment Tools and Website:
(a) is at your sole risk and that the Service and Website is provided “as is” and “as available”;
(b) does not form a “contract of sale” between HKGBC and you, for the purposes of the Sale of Goods Ordinance (Cap. 26), as HKGBC is not acting as a “seller” of any goods.
16.6 You are responsible to ensure that your use of the Website Content and any Third Party Material complies with your requirements and all applicable legal requirements.
16.7 HKGBC and all offices, organisations, appointed contractors, agents affiliated to the company, or personnel shall not accept any responsibility or liability whatsoever in relation to any claims that may be against the said parties.
16.8 HKGBC makes no representations or warranties:
(a) as to the accuracy, quality, completeness, currentness, adequacy, reliability or validity of any information or material provided on or through the Website, including all Website Content;
(b) that the Website, Website Content, Third Party Materials, or Your Content will meet your requirements, or are free of defect, error, omission, virus or anything which may change, erase, add to or damage your software, data or equipment;
(c) that your use of the Assessment Tools, Forms, or the Website will be uninterrupted, timely, secure or error-free;
(d) that defects in the operation or functionality of the Website will be corrected.
16.9 No User may distribute, modify, transmit or use the contents of this Website in any manner for public or commercial purposes without written permission from HKGBC. All materials and information in this Website may be downloaded for non-commercial or personal use only. Under no circumstances should the use of this Website be construed as granting a license or right to use any of the intellectual property rights displayed in this Website, without the written permission of HKGBC.
17. LIMITATION OF LIABILITY
17.1 Nothing in this Clause 17 or Clause 16 above, shall exclude or restrict any warranty or liability:
(a)for death or personal injury caused by HKGBC's negligence;
(b)for fraud or fraudulent misrepresentation; or
(c)that may not be lawfully excluded or limited by the applicable law.
Only the limitations and/or exclusions that are lawful under the applicable law will apply, and HKGBC’s liability will be limited to the maximum extent permitted by the applicable law.
17.2 HKGBC shall not 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 the Application, Website Content, the Website, Your Content or Third Party Materials, whether or not HKGBC were advised in advance of the possibility of such Losses including any Losses resulting from or in relation to:
(a) your use, access or inability to use or access the Website, Website Content or Your Content;
(b) any changes made by HKGBC to the Website, Website Content or Your Content, or for any permanent or temporary cessation in the provision of the Application, the Website, the Website Content, or Your Content (in whole or in part);
(c) any approval or refusal by HKGBC to your Application, or participation to the Scheme, or use of the Energy Performance Certificate and Label, or result of the publication or announcement of premises;
(d) any deletion of, corruption of or failure to store any content and other communications data maintained or transmitted by you through the use of the Website or the Forms or the Assessment Tools;
(e) any Third Party Materials accessed, viewed, downloaded, used, relied on or otherwise obtained by you in relation to or via the Website or Website Content;
(f) any services, samples, information, or any data whatsoever, obtained by you or any user through the use of the Website or the Forms or Assessment Tools or information obtained from the Website, Website Content, or Your Content;
(g) any statements made by or the conduct of any third party on the Website; or
(h) violation of your Intellectual Property Rights by any third party.
17.3 Clause 17.2 shall apply irrespective of whether or not HKGBC has been advised or should have been aware of the possibility of any such losses arising.
17.4 Without prejudice to Clauses 17.1 to 17.3, you hereby agree that the maximum liability of HKGBC, its employees, agents, representatives and affiliates to you for all claims arising out of or in connection with the Application, the Website Content, the Website, Your Content and/or these Terms, whether arising under contract, tort, or otherwise, shall be limited to the total amount of Fees paid by you to HKGBC (if any) under these Terms in the twelve (12) months immediately preceding the event out of which the alleged liability arose.
18. INDEMNITY
18.1 You hereby agree to indemnify, defend and hold harmless HKGBC, its partners, officers, directors, agents, affiliates, and licensors (“HKGBC Indemnified Parties”) from and against all Losses that may arise directly or indirectly out of or in connection with:
(a) any breach or non-compliance by you of any representation, warranty, condition obligation in these Terms or applicable policies;
(b) your use of the Website, Website Content or Third Party Material;
(c) Your Content including:
(i) any use by HKGBC, Users or other third parties of Your Content;
(ii) any claim that Your Content violates any applicable law or infringes the rights of a third party (including a third party's Intellectual Property Rights);
(d) any violation, trespass, contravention, breach or infringement of HKGBC's or any third party’s Intellectual Property Rights, or the unauthorised use or misappropriation of any trade secret of HKGBC or any third party, caused by you, or your employees, agents or affiliates;
(e) any Third Party Materials downloaded, used or otherwise obtained by you; or
(f) any breach by you of the Hong Kong Personal Data (Privacy) Ordinance (Cap. 486) and/or any other ap plicable data protection laws.
18.2 You shall cooperate fully in the defence of any claim made by third parties. HKGBC reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you.
18.3 You hereby acknowledge that damages for improper use of the Assessment Tools, Forms or Website may be irreparable, and HKGBC is entitled to seek equitable relief, including injunctions and preliminary injunctions, in addition to all other remedies.
19. YOUR PRIVACY AND PRIVACY OF OTHERS
19.1 If you use the Website you agree to be bound by our Privacy Policy (found at http://bestoo.hkgbc.org.hk/greenbuilding/privacy_policy.aspx). If you do not agree to the Privacy Policy, you must not use or access the Website.
19.2 You may not send unsolicited emails to a User or use the Website for sending, or assisting in sending, unsolicited emails to third parties.
20. GENERAL
20.1 Governing Law and Jurisdiction These Terms are governed by the laws of Hong Kong, and are subject to the exclusive jurisdiction of the courts of Hong Kong.
20.2 Notices
All legal notices or demands to or upon you shall be effective and deemed to be in writing if delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence address, fax number or email address provided by you to us, or by posting such notice or demand on an area of the Website that is publicly accessible, without a charge. You shall be deemed to have received any such notice, if and when:
(a) HKGBC are able to demonstrate that the notice has been sent to you; or
(b) Immediately upon HKGBC posting such notice on an area of the Website that is publicly accessible without charge.
20.3 Force Majeure Without prejudice to the generality of Clauses 16 and 17 above, under no circumstances shall HKGBC be liable for any delay or failure or disruption in relation to the Website, Website Content, or Your Content resulting directly or indirectly from anything beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, labour disputes, war, riots, civil disturbances, shortages of labour or materials, fires, flood, typhoons, earthquakes, explosions, acts of God, actions or orders issued by governmental or regulatory authorities or any courts or tribunal with applicable jurisdiction, or non-performance of third parties.
20.4 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. Each clause and sub-clause herein shall be treated as a separate and independent provision, and the unenforceability of any one clause shall in no way impair the enforceability of any of the other clauses herein.
20.5 Entire Agreement
These Terms contain the entire agreement between you and HKGBC and replaces all previous written or oral agreements relating to its content.
20.6 Waiver
A failure or delay by HKGBC 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 HKGBC 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.
20.7 Assignment
You may not transfer any of your rights or obligations under these Terms without the written consent of HKGBC. HKGBC may transfer its rights or obligations or both to any person or entity, including any of its affiliates, without your consent.
20.8 No Partnership or Agency
Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between you or HKGBC, constitute you as the agent of HKGBC, or authorise you to make or enter into any commitments for or on behalf of HKGBC.
Privacy Policy
This is the Privacy Policy governing your use of this website (“Website”), all website contents (“Website Content”), and the collection, use, transfer and processing of your personal data by the Hong Kong Green Building Council Limited (“HKGBC”). By using this Website, you consent to our Privacy Policy set out below.
All capitalised terms not otherwise defined in this Privacy Policy shall have the meanings ascribed to them in the Terms and Conditions between you and HKGBC published on the Website, which by use of this Website you agree to accept.
HKGBC respects personal data and is committed to fully implementing and complying with the data protection principles and all relevant provisions of the Hong Kong Personal Data (Privacy) Ordinance (Cap. 486) (the “Ordinance”). This Privacy Policy is governed by and observes the requirements of the Ordinance.
1. About the HKGBC and this Privacy Policy
1.1 HKGBC recognises the importance of safeguarding your personal information. We need to obtain personal information about you in the course of providing our Website and Website Contents to you.
1.2 We want you to understand the terms and conditions surrounding the capture and use of any information we gather. This Privacy Policy discloses what information we gather, how we use this information and how you can correct or change it.
2. AMENDMENTS TO THE PRIVACY POLICY
2.1 We may amend or update this Privacy Policy from time to time and all information will be governed by our most recent Privacy Policy, available on the Website.
2.2 We will notify you of any change to our Privacy Policy that requires your consent.
3. Collection
We may gather two types of information about you:
3.1 HKGBC only collects personal information that we consider relevant and necessary. HKGBC adheres to strict security standards and procedures to protect your personal information from any unauthorised access by anyone, including our staff.
3.2 We may ask you to provide personal information when you use the Website and apply for the Scheme. The personal information (“Personal Data”) that we may ask you to supply or which we may collect from you includes, without limitation: salutation, name, job title, telephone number, fax number, email address, postal address and payment account details, information about your business/company, any correspondence we have with you, details of your visits to the Website and your Membership Account activities.
3.3 Please note that it is mandatory for you to provide certain categories of Personal Data (as specified at the time of collection of them). In the event that you do not provide any Personal Data that is indicated as mandatory, we may not be able to proceed with your Application to the Scheme and/or any services in relation to the Application or the Website.
4. Use of Personal Information
4.1 If you provide any Personal Data to us, you are deemed to have authorised us to collect, retain and use such Personal Data about you for the following purposes: (a) confirming your identity;
(b) providing you with the services you have requested from us, including but not limited to processing and effecting your Application, processing the receipt or refund of Fees, providing you with usage of the Assessment Tools, providing you with a more personalised experience on the Website and responding to your queries, feedback, appeals to Applications, complaints or claims;
(c) providing you with our promotional materials (including but not limited to updates to the Website and Scheme, and updates on the activities of the HKGBC), subject to Clause 5 below, unless you notify us in writing of your objection to receiving such promotional materials; and
(d) making such disclosures as may be required for any of the above purposes or as required by law or in respect of any claims or potential claims brought against or to be made by us.
4.2 If you submit any Application to us, then you are deemed to have acknowledged and have consented to HKGBC using your Personal Data in relation to processing your Application, or to the Scheme, or marketing activities, or transferring the data out of the territory of Hong Kong.
4.3 You have the control over Your Content and are responsible for any Personal Data you choose to upload, publish, post or provide on the Website. HKGBC shall not be liable in relation to any Personal Data you choose to upload, publish, post or provide on the Website or for any breach by you of the Ordinance.
5. MARKETING ACTIVITIES
5.1 By using the Website, you consent that we may use your company’s name, phone number(s), postal address(es) and/or email address(es) (“Marketing Means”) to provide marketing materials, such as newsletters (“Marketing Materials”) to you relating to HKGBC's activities and events in respect of green building standards and sustainable buildings, the Website, the Scheme and your Membership Account.
5.2 You can exercise your right not to receive any Marketing Materials by checking the opt-out box on the registration forms we use to collect your Personal Data. You can also exercise this right at any time by notifying us in writing at the email or postal address stated in Clause 9.4 below, and we will cease to do so, without charge.
6. CONFIDENTIALITY DISCLOSURE OF INFORMATION
61. You agree that we may disclose and transfer (both within Hong Kong and abroad) your Personal Data to:
(a) our professional advisers, legal advisors, and insurers Clause 4.1(d) above;
(b) law enforcement agencies, government and regulatory and other such organisations for the purposes specified at Clause 4.1(d) above; and
(c) our related entities and/or third party services providers (“Third Party Processors”) engaged by us to assist with providing you with our services (including data entry, managing our user database, processing, effecting and verifying payment of Fees and/or refunds) and securely disposing and/or storing of your Personal Data.
6.2 The Third Party Processers, third parties referred to in Clause 6.1(a) and our employees are under a duty of confidentiality to us and are only permitted to use your Personal Data in connection with the purposes specified at Clause 4.1 above, and not for their own purposes (including direct marketing).
6.3 We will maintain confidentiality for all information provided by the applicant in relation to the Application and will not disclose to outside parties the confidential information of an applicant without the written consent from the applicant.
7. PROTECTION AND SECURITY OF PERSONAL DATA
7.1 We take responsible steps to protect all Personal Data we collect or hold about you, our Members and our Users from misuse and loss, and from unauthorised access, modification and disclosure. All reasonable efforts are made to ensure that any personal data held by us is stored in a secure and safe place, and accessed only by our authorised employees or authorised third parties (as outlined in Clause 6 above).
7.2 You should be aware that no system is impenetrable and no information provided over the Internet can be guaranteed to be completely secure. Accordingly, we cannot guarantee the security of any information that you transmit to us or receive from us over the Internet.
8. HYPERLINKS
8.1 This Website may contain links to other sites and pages which are operated by third parties. We have no control over the content of the linked websites or the way in which the operators of those websites deal with your Personal Data. You should review the privacy policy for those third party websites to understand the ways in which your Personal Data may be used by those third parties.
9. HOLDING, CORRECTION AND UPDATING OF PERSONAL INFORMATION
9.1 HKGBC strives to maintain an accurate and up-to-date record of your personal information.
Our Website provides opportunities for uses to email various individuals. This functionality is for business purposes only.
9.2 Any personal information that you provide to us will be collected and held by us at 1F Jockey Club Environmental Building, 77 Tat Chee Avenue, Kowloon Tong, Hong Kong.
9.3 Under the Ordinance, you have the right of access to, and correction of, your Personal Data held by us. If you find that information we hold about you is incorrect, please contact us immediately for update if required for the Application.
9.4 If you have any questions regarding this Privacy Policy or if you wish to access or correct your Personal Data, you may send your request in writing to the following email or postal address:
Attn: The Secretariat
The Hong Kong Green Building Council Limited
Address: 1/F, Jockey Club Environmental Building,77 Tat Chee Avenue, Kowloon Tong, Hong Kong
Email: : www.hkgbc.org.hk
9.5 In accordance with the Ordinance, we reserve the right to charge you a reasonable fee
10. COOKIES
10.1 Cookies are pieces of information stored in your hard-drive about your preferences on our Website, which enable the Website to be tailored to you in future visits.
10.2 You agree that we may use automated cookie devices and records to make the Website user friendly and convenient, and to personalise it for you by recognizing you when you log in, identifying your transaction history and likely interests, and building an online user profile of you.
10.3 You can choose to refuse cookies by turning them off in your browser and/or deleting them from your hard drive. However, by disabling cookies you may not be able to access all parts of the Website or maintain a logged in session.s
11. COMPLAINTS
11.1 If you have any complaints on the basis that you feel your privacy has been breached because we have failed to comply with this Privacy Policy, you should contact us using the postal and email address stated in Clause 9.4 above.