BYOD Terms & Conditions

These Terms & Conditions of “Bring Your Own Device” (“Program”) for primary and secondary Schools  ("these Terms & Conditions"), apply to your visit, registration and/or use of our  “eLearning Bring Your Own Device (BYOD) Program for K12 Schools”   Online Purchase Portal at www.hkteducation.com/hkteschoolbyod or our other designated website(s) ("Portal") (which includes all products and services available at this site ("Website")). These Terms & Conditions apply to any visitors and registered members of the Website. By visiting, registering as a member and/or using the Portal, you agree to be bound by these Terms & Conditions.

1.       Access and Use: 

The Portal is for your personal use only. You may access and make personal and non-commercial use of the Portal in accordance with these Terms & Conditions. Unless otherwise expressly authorised herein, you may not reproduce, duplicate, copy, sell, resell, use, manipulate, tamper with, publish, transmit, distribute, perform, display, post, modify, create derivative works from, license or otherwise exploit the Portal or any part or whole of the Content (as defined in Ownership of Content below). You must not:

(a)             access or use the Portal in any way that causes, or is likely to cause, the Portal or access to it to be interrupted, damaged or impaired in any way;

(b)            access or use the Portal for fraudulent purposes or in connection with a criminal offence or other unlawful or illegal activity;

(c)             access or use the Portal for any competitive, trading, business or commercial purpose;

(d)            copy or permit any copying of the Content;

(e)             restrict or inhibit any other persons from using the Portal, including, without limitation, by means of "hacking" any part of the Portal or "hacking" or defacing any portion of the Website;

(f)             modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any software used in or in connection with the Website, including the Software (as defined in Ownership of Content below);

(g)            use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Portal or the Content;

(h)            reverse engineer any Content consisting of downloadable software;

(i)              hack, break into, access, use or attempt to hack, break into, access or use part of the Service, Content, any website(s) of any third parties, its content, and/or any data areas on our server(s) or that of any third parties without our prior written authorisation; and

(j)              make any unauthorised use of the Content.

2. Linking: 

If you wish to share link(s) of the Website or its webpages in any other websites ("Linked Website"), you must ensure that our content on the Linked Website must appear in the same way as it originally appears in the Website or its webpages. In linking the Website or our webpages, you may not associate our content with any other content and shall not make any representation (whether express or by implication) that we promote or otherwise endorse the Linked Website, its content or any products or services to which the Linked Website relates.

3. Purchases: 

To make purchases on the Portal, you must have registered as a member using a valid, school authorized email as required by us. When you place an order to purchase goods and/or services ("Goods") through the Portal, your order is an offer to us or relevant Supplier(s) (as defined below) (as the case may be) to purchase the Goods which is accepted by us or relevant Supplier(s) (as the case may be) only when you complete your purchase on the Portal, unless we tell you otherwise. In addition to these Terms & Conditions, purchase of any Goods on the Portal may be subject to other terms and conditions specific to that Goods ("Additional Terms"). Any Additional Terms will be made known to you prior to your purchase. Where there are Additional Terms for the sale of any Goods, by placing an order to purchase such Goods, you agree to be bound by the Additional Terms. In the event that there is any inconsistency between the Additional Terms and any part of these Terms & Conditions, the provisions in the Additional Terms shall prevail in respect of the purchase to which the Additional Terms apply.

4. Purchase Eligibility: 

You are eligible to the Program if you are a full time student who studies in a private, international, government, aided (including special schools), caput, Direct Subsidy Scheme primary or secondary schools in Hong Kong.

5. Purchase Quota:

You can only purchase one set of any iPad, Mac, tablet, Chromebook or notebook, and no limitation on the purchase of accessories.

6. Purchase Amount:

The Purchase Amount is subject to the products selected by the customer and the “Funding Status” (as defined below).

(“Funding Status”) shown in user account is subject to change and is dependent on the eligibility of The Comprehensive Social Security Assistance (CSSA) from the Social Welfare Department or the grant of the School Textbook Assistance Scheme from the Student Financial Office of the Working Family and Student Financial Assistance Agency.

7.       Ordering Method:

You may place order via online Portal at www.hkteducation.com/hkteschoolbyod .

8. Service Account: 

When making purchases using your service account on the Portal ("Service Account"), you warrant that you are the owner of the Service Account. All activities that occur under your Service Account, whether or not the activities are conducted by you, shall be deemed activities conducted by you, with your due authorisation.

9. Payment and Pricing:

(a)             By ordering Goods on the Website, you authorise us and/or relevant Supplier(s) (as the case may be) to charge the full amount of the Goods ordered and all related fees and charges (including but not limited to delivery fee) (collectively, "Fees") by the following payment methods:

Online payment:

·  Visa/ Master/ UnionPay

·  Credit Card Installment (12-Month) (Only applicable to designated credit cards issued by Hang Seng Bank and Bank of China (Hong Kong) Limited)

·  WeChat Pay

·  Alipay

·  Boc Pay

·  PayMe

·  FPS

·  Octopus

·  Tap & Go

(b)            You must be authorised to use your selected credit card or means of payment.

(c)             We have the right to, at any time and at our sole discretion, accept or reject the credit card or other method of payment selected by you. Unless otherwise provided in the terms of supply imposed by us or the Supplier (as the case may be), all prices are quoted in Hong Kong dollars and exclusive of any government service tax, value added tax or similar tax (if any) and are subject to change from time to time without prior notice. Pricing or typographical errors may occur and in the event that an item of Goods is listed at an incorrect price, we shall have the right at our sole discretion to decline or cancel any orders placed for that item of Goods, or to contact you for purchase instructions based on the correct price information. Goods purchased by you on the Portal shall be paid for in Hong Kong dollars. The purchase price (or part thereof), once paid, is non-refundable under any circumstances, unless specified herein or we agree otherwise.

(d)            You hereby authorise us to charge your selected credit card or other means of payment ("Card Account") the full amount of the Fees, by us or via our billing agent. Your bank, the credit card issuing company and/or other relevant parties ("Bank") may charge you additional fees for making payment with your credit card or other means of payment, please make enquiries with the Bank for details. You warrant that you have obtained all necessary due authorisation for making payment via the Card Account. Any disputes regarding the Fees on a statement for the Card Account must be raised within thirty (30) days from the order acceptance date, notwithstanding, where relevant, any terms to the contrary in any cardholder agreement with the bank.

10. Availability:

(a)             All orders for Goods are subject to availability. Goods available for purchase on the Portal may be provided by us or a Supplier (as the case may be). We and our affiliates do not sponsor, endorse or recommend, expressly or impliedly, any third party product, service, information or content provided through the Portal.

(b)            Goods available for purchase on the Portal may be subject to limitations and applicable terms of supply imposed by us or a Supplier (as the case may be) as shown in the Website. Limitations and terms of supply may include countries to which Goods may be delivered; pricing and payment terms; order and delivery details; return, refund and cancellation policies; product and service warranties; and other contract terms, and they are subject to change from time to time without prior notice. You should carefully review these limitations and terms of supply.

(c)             The specifications of the Goods, including sizes, dimensions, weights, measures, colours, capacities and other product features or descriptions, provided on the Portal are for reference and convenience purposes, and slight variations with actual specifications of the Goods may occur.

(d)            All items of Goods included in the Portal are available only at our discretion or the discretion of Supplier (as the case may be) and such Goods may be withdrawn or varied at any time without prior notice. Nothing included in the Portal shall constitute an offer on the part of the Portal to provide any Goods to any person.

11. Order:

(a)             We reserve the right at our sole discretion to decline or cancel any order for any reason (including without limitation where the Goods is out of stock or replenishing), even though you may have received a confirmation of your order from us or already paid for the Goods. We will contact you through such means as we determine appropriate to inform you of such cancellation.

(b)            We or Supplier (as the case may be) may send a purchase order confirmation via such means as we or Supplier (as the case may be) determines as appropriate. You may also view your order which has been accepted by us through the email invoice or order history section of your Service Account.

(c)             We reserve the right at our sole discretion (i) to specify the payment method for each purchase; (ii) to specify the pickup method for each purchase (whether by delivery, collection at our designated location(s) or other means so designated by us); (iii) to limit the quantity of the Goods purchased per order, per product or per service or per customer, and/or per Service Account; and/or (iv) to limit the amount that may be settled by a particular payment method during a period specified by us. These restrictions may be applicable to orders placed by the same customer or Service Account or to orders that use the same billing and/or delivery / collection address. We will notify you through the Portal should such limits be applied. We further reserve the right at our sole discretion to prohibit sales to dealers or wholesalers.

(d)            All risk of and title to any purchased Goods are passed to you once your order for purchase is accepted by us.

12. Warranty: 

The Goods purchased may be subject to warranty provided by our third party suppliers ("Supplier Warranty"). Your purchase of the Goods is subject to the terms and conditions of the Supplier Warranty. We and our affiliates shall not in any way be liable, directly or indirectly, for any losses or damages which you, any user of the Goods or any other parties may incur or suffer as a result of the use of the Goods (or any part thereof), unless the same was caused by gross negligence or wilful default of us or our authorised representatives. We and our affiliates shall also not be responsible for any liability or risk regarding or arising from the Supplier Warranty. In the event of fault, defect in workmanship and material or faulty design of such Goods, you may, return the Goods, directly to the third party supplier for repair within the relevant third party’s warranty period. We and our affiliates shall not be responsible or liable for anything related to such Goods covered by the Supplier Warranty.

13. Delivery/ Collection:

(a)             Delivery times cannot be guaranteed.

(b)            We may specify the pickup method for each purchase of the Goods, whether by delivery to the delivery address you provide, collection at our designated location(s) or other means so designated by us. Delivery of the Goods to such delivery address or collection of the Goods by you or such other person on your behalf at our designated location or by other means so designated by us shall be deemed due and proper delivery to you.

(c)             You may choose the date and the designated locations to pick up the Goods when ordering; details of which will be shown on the collection note.

(d)            You are required to collect the Goods at the date and location specified on the collection note. You may collect the Goods in person or authorize a third party to collect. You are required to bring the ORIGINAL COPY of the collection note and Student ID (if applicable) upon collection of the Goods for verification.

(e)             If you choose to authorize a third party to collect, the authorized representative must present the ORIGINAL COPY of the collection note.

(f)             If you (or authorized representative) fail to present the documents listed above during collection of Goods, we reserve the right to reject the distribution of the Goods to you or the authorized representative.

(g)            If for any reason we cannot deliver the Goods to your delivery address, you may be required to collect the Goods yourself within a particular time frame at our designated location; in such event, if the Goods remain uncollected after our specified time frame (being 90 days from date of collection state in the collection note unless otherwise specified by us), we shall have the sole discretion to dispose of the Goods and you will not be entitled to any refund or set off from us for any price paid, and any outstanding Fees in respect of such Goods will remain due and payable by you.

(h)            If the Goods are to be collected by you at our designated location at the specified date and if the Goods remain uncollected, we shall have the sole discretion to dispose of the Goods and you will not be entitled to any refund or set off from us for any price paid, and any outstanding Fees in respect of such Goods will remain due and payable by you.

(i)              In any event, if the Goods are not or cannot be received by you after our specified time frame for any reason whatsoever, we shall have the sole discretion to dispose of the Goods and you will not be entitled to any refund or set off from us for any price paid, and any outstanding Fees in respect of such Goods will remain due and payable by you.

(j)              While we shall endeavour to ensure that the Goods you ordered at the Portal will be available as soon as practicable, we do not in any way warrant that the Goods will be available by the date or by the delivery / collection method as per your confirmed order; and to the extent permitted by law, we shall not be responsible in any way for any loss or damages suffered by you or any person as a result of any delay in delivery / availability for collection of the Goods or any damage of the Goods during transportation.

(k)            If we sent you something you had not ordered, please contact us within seven (7) days informing us of the problem. You can return it within thirty (30) days unused in its original packaging and you will not be charged.

(l)              If the Goods you ordered is damaged in transit, please contact us within seven (7) days informing us of the problem. You can return it (unused and in its original packaging) within our specified time frame (being 30 days unless otherwise specified by us) and either get a replacement or a refund.

14.    Product Collection Arrangement during Tropical Cyclone Warning & Rainstorm Signal:

If the Customer encounters a Tropical Cyclone Warning Signal No. 8 or above or Black Rainstorm Warning on the day of collection, delivery and pick up services may be delayed without prior notice. Refunds will not be arranged. You may enquire school for further arrangement. 　　　

15.    Health, Safety and Product Warnings: 

Certain Goods available on the Portal may not be suitable for children under a certain age or may require parents to supervise/demonstrate the use of such Goods by children (e.g. children’s products). It is your sole responsibility to read and use the Goods in accordance with all applicable safety labels, health warnings, assembly instructions and other cautionary notices and directions, and to ultimately determine whether a particular product or service is appropriate for use by children taking into account their age and skill level. If you are in doubt about the use or safety of a particular Goods, contact the manufacturer or supplier in question, or consult the necessary professional for advice.

16. Ownership of Content: 

The Portal, the design of the Website and all of its materials, including, but not limited to, its software ("Software") or HTML code, scripts, text, artwork, photographs, images, designs, video, audio, marks, logos, content, information, and written and other materials that appear as part of the Website (collectively, "Content") are owned, controlled or licensed to us and are protected by applicable intellectual property and other laws and international treaties. All Content is provided under a limited license as a service to you and may be used only for personal non-commercial use in accordance with these Terms & Conditions. You will not acquire any intellectual property rights in or to the Portal by your access or use of the Portal in any way.

17. Trademarks: 

All HKT or our affiliates’ trademarks, service marks, graphics and logos used in connection with the Portal are trademarks or registered trademarks of HKT or our affiliates (as the case may be). Other trademarks, service marks, graphics and logos used in the Portal may be the trademarks of their respective owners. No license for the use of the aforesaid trademarks is granted to you under these Terms & Conditions or by your registration as a member or use of the Portal. Unauthorised use of the aforesaid marks in any manner is strictly prohibited.

18. Children: 

We may sell children’s products or services for purchase by adults. We do not sell Goods for purchase by children. If you are under 18, you may not use the Portal. There may be some Content on the Portal which is not suitable for viewing by persons under 18 years of age. You are responsible for checking the identity and/or age of any person who wishes or intends to view the Portal before you permit that person to view the Portal.

19. Personal Data and Information: 

During Service Account registration and/or purchase of Goods on the Portal, personal data and other information ("Data") may be collected, used and retained by us, HKT Education Limited, in accordance with the requirements in the Personal Data (Privacy) Ordinance and the HKT Privacy Policy (which can be viewed at http://www.hkt.com/legal/privacy.html), which governs, together with the applicable terms and conditions of your purchase of the Goods, how the Data is used and to whom it is disclosed. For the purpose of processing your purchase and provision of the Goods and managing your Service Account, the Data could be used by and/or disclosed to affiliates or related companies of the PCCW Group, business partners and debt collection agents. Subject to your consent, your data may also be used by us (and/or by us through our agents or subcontractors, whose servers may be in Hong Kong or overseas) in providing you with promotional materials and information of different goods and services as specified in such consent and the HKT Privacy Statement.

20. Other Businesses: 

Parties other than us and our affiliates sell products or provide services through the Portal or through links to the websites of other businesses. We are not responsible for and we do not warrant or endorse, the offerings of any of these businesses or the content of their websites. The Portal does not assume any responsibility or liability for the actions, products or content of any of these businesses or any third parties. Certain products or services available on the Portal may require you to interact or deal with Supplier directly and we will not participate in any such interaction, dealing, transaction or negotiation which is solely between you and Supplier. When ordering these products or services, you should be aware that you are solely responsible (and we cannot be held liable in any way) for all aspects of any interaction, dealing, transaction or negotiation in which you choose to participate with Supplier through the use of the Portal, including, without limitation, resolving any disputes, conflicts or claims of any nature which may arise from any such interaction, dealing, transaction or negotiation.

21.    Electronic Communications: 

We may communicate with you by posting notices through the Websites and other means as we determine to be appropriate. You agree that all agreements, notices and other communications that we provide to you electronically or by SMS via mobile phone or other means as determined by us satisfy any legal requirement that such communications be in writing.

22. Liability: 

In connection with your registration and use of the Portal and the supply of products, services and information purchased or obtained through the Portal:

(a)        to the extent permitted by law, all express or implied warranties, representations or statements relating to the Goods which are not contained on the Website and the related Product Information Sheet / Key Information Sheet of the Goods are excluded;

(b)        to the extent permitted by law, we and our affiliates exclude all liability or responsibility for any cost, claim, damage or loss to you or any person whether direct or indirect of any kind, including loss of revenue, loss of profits or any consequential loss in contract, tort, under any statute or otherwise (including negligence) arising out of or in any way related to your use or purchase of the Goods on the Portal or the related Product Information Sheet / Key Information Sheet of the Goods; and

(c)        our total liability to you shall be limited, at our sole discretion, in connection with your purchase of the Goods on the Portal (including but not limited to any repairing of the Goods, re-supplying the Goods again or paying the cost of having the Goods re-supplied) shall not in any event exceed the total amount paid by you for the Goods.

23. Alteration of Service or Amendments to the Conditions: 

We reserve the right to make changes to the Portal, these Terms & Conditions and all related policies and notices at any time; any such amendments shall be effective as soon as an amended version is posted on the Website (unless otherwise specified by us). Your use of the Portal following any such amendments constitutes your agreement to follow and be bound by the terms as amended. You will be subject to these Terms & Conditions and all related policies and notices in force at the time you use or visit the Portal, or when you order Goods on the Portal. You should visit the Website from time to time to review the current Terms & Conditions of HKTShop.com because they are binding on you. If any provision of these Terms & Conditions or related policies or notices is deemed invalid, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

24. Causes Beyond Our Reasonable Control: 

We will not be held responsible for any delay or failure to comply with our obligations if the delay or failure arises from any cause which is beyond our reasonable control.

25. Service Account Suspension: 

We may at any time suspend your Service Account for use of any part or the whole of the Portal for any reason and without prior notice to you, including without limitation where: (a) you have breached or we have reason to believe that you have breached any provision of these Terms & Conditions; or (b) we are required to do so by law, regulatory requirements, court order, Stock Exchange requirements or request of other competent authorities. In the event that your Service Account is suspended pursuant to this Clause, we may suspend your access or use of any other services provided by us or our affiliates through your Service Account or otherwise and any obligations owed to us under any applicable terms and conditions shall not be affected.

26. Assignment: 

We may transfer, assign, novate and/or sub-contract the whole or any part of the rights and/or obligations obligations in relation to the Portal or contained in these Terms & Conditions to any person and/or entity at any time without your consent. We may also use any of our Affiliates, agents and/or subcontractors to perform any of our responsibilities in relation to the Portal.

27. Disputes: 

In case of any disputes in connection with, the Portal (including but not limited to these Terms & Conditions), our determination shall be final, conclusive and binding.

28. Governing law and jurisdiction: 

These Terms & Conditions are governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China ("Hong Kong"). You agree to submit to the exclusive jurisdiction of the Hong Kong courts.

29. Miscellaneous: 

The English version of these Terms & Conditions shall prevail over the Chinese version (if any). References to "we", "us" and "our" are references to HKT Education Limited in relation to the provision of the Portal. References to "Supplier" are references to any third party supplier of Goods from whom you may purchase Goods through the Portal in accordance with these Terms & Conditions.

 

*Please note that the displayed price of the same product might vary for different students, subject to the “Funding Status” shown in user account and is dependent on the eligibility of The Comprehensive Social Security Assistance (CSSA) from the Social Welfare Department or the grant of the School Textbook Assistance Scheme from the Student Financial Office of the Working Family and Student Financial Assistance Agency.