Use of the Websites

By visiting aftec.hk or digi.aftec.hk (hereinafter referred to as “the Websites”), you accept without limitation or qualification the following terms and conditions (the “Terms and Conditions”).

This Terms and Conditions is drawn up in English and in Chinese language versions. In case of any dispute, the English language version shall prevail.

Trademarks

Many of the trademarks, service marks, and logos (collectively, the “Trademarks”) displayed on the Websites, including “AFTEC”, “From Page to Stage” and “digiAFTEC”, are registered and marks of The Absolutely Fabulous Theatre Connections Company Limited (hereinafter referred to as “AFTEC”, “we”, “us” or “our”). The Trademarks of third parties may also be displayed on the Websites. Nothing contained in the Websites should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Trademarks displayed on the Websites without the express written permission of AFTEC or any third party that may own the Trademarks displayed on the Websites. Any unauthorised use of the Trademarks or any other Materials, except as authorised in these Terms and Conditions, is strictly prohibited.

External links

You may find links to websites of other organisations or entities that have a connection with us. Although every effort is made to ensure referrals are made to reputable sources, AFTEC does not control the content or presentation of external sources. These websites may also have their privacy policies or terms and conditions for using their websites. AFTEC is not responsible for any risks or damages you or your properties may encounter from visiting those websites. Your linking to any off-site pages or other websites or downloading any materials from those websites is at your own risk.

Use of Contents on our Website

The intellectual property rights in all contents, including the text, images, video clips and data on the Websites are owned by AFTEC and/or other copyright owners as specified whenever possible. AFTEC retains all rights, including copyright, in data, images, software, documentation, text, and other information contained in these files (collectively the “Materials”).

Use of Materials

By downloading, printing, or otherwise using Materials from the Websites, users agree and warrant that their use of such files will be limited to non-commercial and fair use and will comply with all other Terms and Conditions, and will not violate the rights of AFTEC or any other person or entity. You are responsible for determining whether your use is fair and you are welcome to contact us at [email protected] if in doubt.

Notwithstanding the foregoing, we only allow personal, educational, and other non-commercial uses of the Materials subject to the following terms. The user must:

1. credit the source of the Materials with name of author and AFTEC;
2. cite and links to (when possible) our Website as the source of the Materials;
3. keep all copyright, trademark or other proprietary notices placed near the Material used; and
4. comply with all terms or restrictions other than copyright (such as trademark, publicity and privacy rights, or contractual restrictions) as may be specified in the metadata or as may otherwise apply to the Materials.

AFTEC does not warrant that use of the text, images, and content displayed or downloaded from the Websites will not infringe the rights of third parties affiliated with the AFTEC. You agree to indemnify, defend, and hold AFTEC, directors, officers or employees harmless from all claims, causes, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of the Websites.

Unauthorised publication or exploitation of any Materials obtained from our Website is specifically prohibited. Anyone wishing to use any of these Materials for commercial use, publication, or any purpose, must request and receive prior written consent from AFTEC.

Unauthorised Commercial Use of Materials

You may not use the Materials for commercial purposes. This means that you may not sell the Materials or sell materials, products or services that use and incorporate the Materials, nor may you use the Materials to promote or advertise products or services. If you wish to use the Materials for any purpose beyond the permitted uses, such as a commercial use or publication, you must obtain prior written consent from AFTEC and/or other owner(s) of the Materials as applicable. Please send your permission request to [email protected].

Subscription Services:

Content Posted by Users

Any communication or material you share, upload, post or provide to our Website, including any data, images, questions, comments, or the like, is and will be treated as nonconfidential and non-proprietary. By sharing and uploading content to our Websites, you grant us and our affiliates permission to freely use such content for purposes including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting.  If you do not wish to grant us the right to use the content, please do not upload your content to our Websites.

It is strictly prohibited to post or transmit any unlawful, threatening, defamatory or infringing material that would be considered a misdemeanour, a violation of privacy or publicity, or otherwise violate law. We reserve the right to remove such content. Content that is intended to advertise or promote commercial products, services or unrelated activities will also be removed at our sole discretion.

Disclaimer of liability

AFTEC shall not be responsible for any loss, liability, damage (whether direct, indirect or consequential), personal injury or property loss suffered by you, as a result of or which may be attributable, directly or indirectly, to your access and use of the Websites.

Jurisdiction

These Terms and Conditions and any amendments thereto shall be governed and construed in accordance with the laws of the Hong Kong SAR.  Any dispute arising out of, in connection with, or related to these Terms and Conditions, your visit to the Websites, or to any product or services attained through our Website, shall be brought to the courts of Hong Kong.

Subscriber Agreement:

digiAFTEC® User Registration

a. Eligibility
The digiAFTEC® Service is provided to individuals for their personal, non-commercial use only. Companies, associations and other groups may not register for a digiAFTEC® account or use the digiAFTEC® Service.

b. Registration
Only individuals that have registered for a digiAFTEC® account, provided certain information (e.e., a valid email address), and have agreed to the digiAFTEC Subscriber Agreement are eligible to use the digiAFTEC® Service. You are responsible for maintaining the confidentiality and security of your username and password and for all activities that occur on or through your digiAFTEC account. However, if you allow others to access your digiAFTEC® account, this Agreement, as well any specific consents you may have provided, also applies to their access, use, and disclosure of information. You agree to immediately notify digiAFTEC of any unauthorised access to your digiAFTEC account. digiAFTEC will not be responsible for any losses arising from the unauthorised use of your digiAFTEC account, except where such unauthorised use is due to an act or omission by digiAFTEC®.

c. Notices
Any notices digiAFTEC delivers to you may be made as follows: i) by email to the last email address provided by you and ii) by posted a notice on the digiAFTEC Service. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details. You agree that we may take steps to verify the accuracy of information you provide.

Subscription Terms

a. Subscription
Payment will be charged to your chosen course at the start of the subscription period. You are responsible for all third-party Internet access charges in connection with your use of the digiAFTEC® Service. Please check with your Internet provider for information on possible Internet data usage charges.

b. Free Trial

c. Cancellation and Refund
To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any unused digiAFTEC® content.

d. Purchasing on the Website / Payment Details
We have the right to refuse, limit, or cancel any transaction on our Website in our sole discretion. Errors in pricing or order processing are subject to correction at any time. When you purchase an item from our Website, payment will be made via PayPal, Stripe or PayMe. We shall not be responsible for any loss arising from or in connection with your use of such payment service.

Copyright Licence Grant and Restrictions

a. Licence
Within the Territory and subject to the terms and conditions in this digiAFTEC® Subscriber Agreement, grants you a limited, personal use, non-transferable, non-assignable, revocable, non-exclusive and non-sublicensable right to purchase and make non-commercial, personal use of the digiAFTEC® Service.

This is a licence agreement and not an agreement for sale or assignment of any rights in the digiAFTEC® Content or the digiAFTEC® Service. The purchase of a licence of digiAFTEC® Content does not create an ownership interest in the digiAFTEC® Content, including the copyrights, trademarks, service marks, trade names, trade dress and other intellectual property rights in the digiAFTEC® Content, is owned by digiAFTEC® and/or other licensors, and is protected by the copyright laws of the HKSAR, as well as other intellectual property laws and treaties.

b. Restrictions on Your Use of the digiAFTEC® Content. You agree that as a condition of your licence, you may not and agree not to:
i) circumvent or disable any content protection system or digital rights management technology used in connection with the digiAFTEC® Service to control access to the digiAFTEC® Content;
ii) copy the digiAFTEC® Content
iii) rebroadcast, transmit or perform the digiAFTEC® Content available via the digiAFTEC® Service
iv) create derivative works of the digiAFTEC® Content; or
v) allow third parties to violate the above restrictions.

c. Restrictions on Your Use of the digiAFTEC® Service. You agree that as a condition of your licence, you may not and agree not o:
i) move, decompile, reverse-engineer, disassemble, or otherwise reduce to human-readable form the digiAFTEC® Service and/or video player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the video player;
ii) modify the digiAFTEC® Service, including, but not limited to, by removing identification, copyright or other proprietary notices from the digiAFTEC® Content or the digiAFTEC® Service;
iii) access or use the digiAFTEC® Service in a manner that suggests an association between you and/or any other party with our products, services or brands;
iv) use the digiAFTEC® Service for any commercial or business related use or in any commercial establishment or area open to the public (e.g., lobby, restaurant, club, theatre, cinema etc.) or build a business utilising the digiAFTEC® Content or digiAFTEC® Service, whether or not for profit;
v) create derivative works of any components of the digiAFTEC® Service owned by digiAFTEC® or any of its affiliates or licensors, any updates, or any part thereof, except as and only to the extent that any foregoing restriction is prohibited by applicable law;
vi) bypass, modify, defeat, tamper with or circumvent any of the functions or protections of the digiAFTEC® Service;
vii) access, monitor or copy, or permit another person or entity to access, monitor or copy, any element of the digiAFTEC® Service using a robot, spider, scraper or other automated means or manual process without our express written permission;
vii) damage, disable, overburden or impair the Service;
ix) use the digiAFTEC® Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with thie digiAFTEC® Subscriber Agreement;
x) share your login credentials with third parties; or
xi) otherwise allow third parties to violate the above restrictions.

d. Violations. Any attempt to perform any of the restrictions listed in Sections 3(b) and 3(c) above is a violation of the rights of digiAFTEC® and the copyright holder.

Usage Terms

a. Internet Connection. You must have a high speed Internet connection in order to access and use certain aspects of the digiAFTEC® Service.
b. Force Majeure. It is possible that the digiAFTEC® Service and/or some or all digiAFTEC® Content may not be available at any given time including (i) during any maintenance or update periods, (ii) any power or server outages; (iii) as a result of war, riots, strikes, social unrest; or (iv) as a result of other matters beyond the control of us or third parties (“Force Majeure”). digiAFTEC® will take reasonable efforts to provide you with as much prior notice as possible of service interruption. Where the digiAFTEC® Service is unavailable for reasons beyond our control or our third party service providers, digiAFTEC® shall have no liability to you. There may be times when we have to remove certain features or functionality and/or devices or platforms from being able to access the digiAFTEC® Service and/or digiAFTEC® Content. We will do our best to let you know of any of these changes, usage rules and restrictions, but you acknowledge that we may do so in our sole discretion at any time without notice.

Suspension and Termination

a. You agree that digiAFTEC® may, in its sole discretion and without advance notice or liability to you, insofar as possible under local laws, restrict, suspend, or terminate your access to part or all of the digiAFTEC® Service and to any digiAFTEC® Content if digiAFTEC® believes you are using or have used the digiAFTEC® Service in material violation of the digiAFTEC® Subscriber Agreement or applicable law or regulations or in any manner other than for their intended purpose and in accordance with all other guidelines and requirements applicable thereto. Without limiting the foregoing, digiAFTEC® may restrict or suspend your access to your digiAFTEC® account for cause and upon reasonable notice to you, which may communicated electronically, which cause includes (a) requests from law enforcement or other government authorities, (b) unexpected technical issues or problems, or (c) if digiAFTEC® reasonably believes that your digiAFTEC® account has been created fraudulently, your digiAFTEC® account has been accessed fraudulently, or anyone uses your digiAFTEC® account to commit fraud or for any purpose other than its intended purpose and in accordance with all of the requirements applicable thereto.

b. Upon termination of your digiAFTEC® account, whether terminated by digiAFTEC® or at your request, you will immediately lose the right to access to digiAFTEC® Content through the digiAFTEC® Service.

Additional Provisions

a. You understand and agree that the digiAFTEC® Content you receive throught the digiAFTEC® Service is intended for informational and educational purposes only. The digiAFTEC® Content does not constitute legal, financial, professional, medical or healthcare advice and canoot be used for such purposes.

b. Photosensitivities. digiAFTEC® Content may contain some flashing lights sequences or patterns which may affect users who are susceptible to photosensitive epilepsy or other photosensitivities.

c. Third-Party Services and digiAFTEC® Content. The digiAFTEC® Service may integrate, by integrated into, or be provided in connection with third-party services and content. We do not control those third-party services and content. You should read the terms of use, agreements and privacy policies that apply to such third-party services and content.

d. Mobile Networks. When you access the digiAFTEC® Service through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Using the digiAFTEC® Service may be prohibited or restricted by your network provider and the digiAFTEC® Service may not work with your network provider or device.

e. Submissions and Unsolicited Ideas Policies. Our policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. In connection with anything you submit to us, whether or not solicited by us, you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type. digiAFTEC® does not claim ownership over any ideas, suggestions, or other materials submitted.

Disclaimers; liability limitation

You have certain legal rights with respect to the digiAFTEC® Service and nothing in this digiAFTEC® Subscriber Agreement affects those rights. Except as required by law or as expressly stated by digiAFTEC®, is affiliates, licensors, and service providers (collectively “the digiAFTEC® Parties”) do not offer and expressly disclaim any promises or guarantees in relation to the digiAFTEC® Content and the digiAFTEC® Service. You and not the digiAFTEC® Parties assume the entire cost of all necessary servicing, repair or correction occasioned by use of the digiAFTEC® Content and the digiAFTEC® Service, except where any damage to a device or other digital content belonging to you is as a result of the supply of digiAFTEC® Content and such damage is of a kind that would not have occurred had digiAFTEC® exercised reasonable care and skill (in which case the limitation below shall apply in respect of such damage). To the extent not prohibited by applicable law, in no event shall the digiAFTEC® Parties be liable for any personal injuery, or any indirect, special, incidental or consequential damages of any kind, including lost profits and property damage, even if we were advised of the possibility of such damages, that result from the use of, or inability to use the digiAFTEC® Content or the digiAFTEC® Service, however caused. Nor shall we be held liable for delay or failure in performance resulting from causes beyond our reasonable control. In no event shall our total liability to you for all damages, losses and causes of action exceed ten thousand Hong Kong dollars (HK$10,000). The liability limitations in this section apply under any legal theory (tort, contract, breach of warranty, strict liability or otherwise) and even if the digiAFTEC® Parties have been advised of the possibility of such damages. Because some states and jurisdictions do not allow the exclusion or limitation of liability the above limitation may not apply to you.

Jurisdiction

Any dispute between you and The Absolutely Fabulous Theatre Connection Company Limited shall be settled by the courts of Hong Kong.

Choice of Law

This digiAFTEC® Subscriber Agreement and any dispute or claim arising out of or in connection with this digiAFTEC® Subscriber Agreement are governed by and construed in accordance with the laws of Hong Kong, without prejudice to the mandatory rules that may apply in your country of residence.

Severability

If any provision of this digiAFTEC® Subscriber Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. You and digiAFTEC® shall replace the unlawful, void or unenforceable part by provisions which are valid and binding and the effect of which given the contents and purpose of this digiAFTEC® Subscriber Agreement, are, to the greatest extent possible, similar to that of the invalid, void or unenforceable part.

Survival

The provisions of this digiAFTEC® Subscriber Agreement which by their nature should survive the termination of this digiAFTEC® Subscriber Agreement shall survive such termination.

Prevailing language

The digiAFTEC® Subscriber Agreement may also be available to you in Chinese language. You acknowledge and agree that in the event of discrepancy between the English version and the Chinese version, the English version shall prevail. You also acknowledge and agree that if any future amendments or communications are sent by the digiAFTEC® Service in a different language as selected by you, those future amendments and communications shall be valid and in the case of amendments, shall be effective in law.