1.1 Whereas we, The Women’s Foundation, have developed, curated and are maintaining The Women to Watch Platform (Platform), which is created to house and provide authorised access to The Women to Watch Database, being a dynamic database of senior talented women in or with a role covering Hong Kong, so as to increase the visibility of such women with the aim of bringing them to the attention of or connecting them with parties engaged in the process of filling board or board-related roles and, ultimately, increasing the number of women on boards in Hong Kong.
1.2 You wish to gain access to the Platform.
2.1 These are the Terms and Conditions on which you can access and use the Platform.
2.2 You must apply to access the Platform (including for any renewed access in the event your previous access rights expire for whatever reason) and by applying, you acknowledge that (a) the person agreeing to these Terms and Conditions and submitting any accompanying forms is your authorised representative; (b) such acknowledgement and agreement of the Terms and Conditions will lawfully bind your company/organisation; (c) your company’s/organisation’s application to access the Platform is solely for reasons of the Purpose and (d) we have absolute discretion on whether to grant, refuse or revoke your and your company/organisation’s access at any time.
2.3 You warrant you have read these Terms and Conditions carefully and checked that the details provided on the Application Forms (including any request to renew access) are complete and accurate before submitted. If you think that there is a mistake, please contact us immediately. We will not be liable for any losses and/or damages directly or indirectly resulting from your incomplete or inaccurate provision of details.
2.4 These Terms and Conditions, our Privacy Policy and all Application Forms you submit constitute the whole agreement between us. If there is any conflict between these documents, the following order of precedence shall prevail (beginning from the most weighted document): these Terms, our privacy policy, then the Application Form.
2.5 You understand and acknowledge that we are not engaged in the business or services of recruitment or acting as a recruitment agency, and that the creation, maintenance, curation of or offering access to the Platform, is solely in pursuance of our mission to empower women and girls and increase the number of women on boards and shall not be deemed as our intention to operate a business of or provide recruitment services to you or any other party. You agree that any Fee or Donation to be paid in connection with your access to the Platform (which is paid solely to help defray operational and administrative costs incurred by us or our affiliates, including costs associated with the maintenance and administration of the Platform) is not nor shall it be deemed to be a recruitment service fee.
3.1 We may revise these Terms from time to time at our discretion for technical or legal reasons, or because the needs of our organisation have changed. The revised Terms will be linked to the Platform and your continued use of the Platform after any such revision shall be deemed to be acceptance of the amendments by you. If you do not agree to any revisions or amendments made by us you should immediately cease to use the Platform and let us know.
4.1 While we use reasonable endeavours to ensure that the Platform is available continuously, we do not make any representations or warranties that your access will be uninterrupted, timely, secure, error free, or that any defects will be corrected, or that your use of the Platform will provide specific results or benefits, including that any open role or position you have will be filled.
4.2 We may at our discretion provide time-limited access to the Platform that expires after a specified period of time and, if so, after the expiry of that time period, your rights to access the Platform will cease.
4.3 The Platform and its content is delivered on an as-is and as-available basis.
4.4 Your access to the Platform will be suspended without notice in the case of system failure, maintenance or repair, or any reason beyond our control.
4.5 We reserve the right to change or discontinue any functionality, feature or field (or part thereof) of the Platform or Database and to change the platform on which the Platform is located.
4.6 We cannot ensure that any files or other data you download from the Platform (if you are permitted to do so) will be free of viruses or contamination or destructive features.
4.7 You should treat your log-in details as confidential, and you must not share them with any third party. We have the right to disable any log-in details, at any time, and for any reason, including if in our opinion you have failed to comply with any of the provisions of these Terms and Conditions.
4.8 The Platform is maintained on a third party platform, which may change. We do not have any influence or control over any such third party platform and we are not responsible for and do not endorse any third party websites or apps or their availability or content.
4.9 We may collect and analyse anonymised data about how you use the Platform in order to track its effectiveness, make improvements and enhance user experience. This data will not be used to identify you individually.
4.10 You must not misuse our Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Platform, the server on which our Platform or any of its content is stored, or any server, computer or database connected to our Platform. You must not attack our Platform via a denial-of-service attack or a distributed denial-of service attack. If you breach this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Platform will cease immediately.
5.1 You warrant and agree that you are responsible for each of your representative’s use of the Platform, and that you will procure each of your representative to comply with these Terms and Conditions when they use the Platform;
5.2 You acknowledge you will receive Personal Data by accessing the Platform and agree that Personal Data of any Woman To Watch, individual or applicant that you obtain through your access to the Platform or from us (including subsequent role applications received) will only be used by you in connection with the Purpose and will otherwise be kept confidential.
5.3 You will take all steps to protect the Personal Data you obtain through your access to the Platform or from us from unauthorised or accidental access, processing, erasure, loss or use and only allow specific personnel to process and handle the Personal Data who have a need to know such information in connection with and in pursuance of the Purpose and such personnel shall be aware of and be compliant with the undertakings of confidentiality stated herein.
5.4 You will promptly notify us at 30percentclub@twfhk.org in the event you learn or have reason to believe that (irrespective of cause) Personal Data obtained by you through your access to the Platform has been lost, misplaced, disclosed to or accessed by an unauthorised party and you will take appropriate steps to recover and implement appropriate remediation in connection with such incident, including complying with all applicable laws, regulations and directions of competent regulatory authority.
5.5 You will not misuse, sell or offer any services or products to any Woman To Watch, individual, applicants or others whose personal data you have obtained through your access to the Platform.
5.6 Except where you have been granted access as a third-party advisor to commercial organisations genuinely seeking to fill board roles (where 5.7 will apply), you will not provide any Woman To Watch, individual or applicant’s personal data you have obtained through your use of the Platform to any other party, including to any affiliate or related party of yours, except where it is strictly required in pursuance of the Purpose and in accordance with these Terms.
5.7 Where you have been granted access as a third-party advisor to commercial organisations genuinely seeking to fill board roles, provision of any Woman to Watch individual or applicant’s personal data obtained through your use of the Platform must only be provided to persons within such organisations strictly in pursuance of the Purpose and on the basis that the confidentiality provisions within these Terms are understood and will apply. Provision by you of access to the Platform to the organisation in question is not permitted and if the relevant organisation requires access to the full Database you will direct them to apply directly to us for such access.
5.8 You must not:
5.8.1 send any unsolicited commercial electronic messages to any Woman To Watch, individual or applicants except in pursuance of or in connection with the Purpose;
5.8.2 release to the public any news release, advertising material, promotional material or any other form of publicity relating to us without our prior written approval;
5.8.3 use the Platform or any of its content in breach of any applicable laws or regulations;
5.8.4 use the your access to the Platform (or content obtained from the Platform):
5.8.4.1 to transmit (or authorise the transmission of) “junk mail,” “chain letters,” unsolicited emails, instant messaging, “spimming,” or “spamming”;
5.8.4.2 to impersonate any person or entity;
5.8.4.3 to solicit money, passwords or personal information from any person;
5.8.4.4 to harm, abuse, harass, stalk, threaten or otherwise offend others; or
5.8.4.5 for any unlawful purpose;
5.9 You indemnify and will keep us and our agents indemnified against all loss, claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by us in connection with:
5.9.1 your use of the Platform or your access to, or conduct in relation to, the Platform;
5.9.2 any breach by you of these Terms and Conditions; and
5.9.3 any act or omission by you in connection with the Platform or your use of it that is negligent, reckless, fraudulent, dishonest or in breach of law.
6.1 You assume total responsibility for your use of the Platform and any linked independent third-party websites.
6.2 Except where expressly stated otherwise, content of the Platform is provided as general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.
6.3 We do not make any representation or warranty that the Platform or its contents will be reliable, accurate or complete, nor do we accept any responsibility arising in any way from errors or omissions.
6.4 The information included on the Platform has been obtained from third parties, predominantly the Women To Watch applicants, and we do not vet, nor are we responsible for vetting, information provided or representations made by them – including those representations appearing in Women To Watch applicants’ resumes or profiles on any linked third party website.
6.5 We do not endorse or recommend any of the Women To Watch profiles as applicants or Women To Watch applicants for any particular role you may have and we strongly recommend that prior to entering into any agreement with any of the aforementioned persons you obtain your own independent advice and carry out your own due diligence as appropriate. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all information provided on the Platform.
6.6 In no event will we be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon any information contained on or omitted from the Platform.
6.7 We will not be liable for loss or damage suffered or incurred by you where that loss or damage results from any action or decision by you in reliance on the content of the Platform, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.
6.8 You acknowledge that we are not responsible for, and accept no liability in relation to, any other users’ use of, access to or conduct in connection with the Platform in any circumstance.
7.1 We are the owner or the licensee of all intellectual property rights in the Database.
7.2 We grant to you the right to use and review the Platform for the Purpose. As a corporate user, you may draw the attention of other appropriate persons within your organisation to the contents of the Platform, provided doing so is strictly necessary for and aligned with the Purpose and they are aware of these Terms and Conditions and are bound or agree to be bound by them, including, without limitation, the confidentiality and personal data protection obligations.
8.1 Lawful purpose: You shall ensure that the Database is used only for lawful purposes and in accordance with any applicable laws.
8.2 Binding: These Terms and Conditions shall bind our successors, administrators and permitted assigns and your executors and permitted assigns, or, being a company, its successors, administrators and permitted assigns.
8.3 Assignment: We may assign, transfer and/or sub-contract our rights and/or obligations (in whole or in part) under these Terms and Conditions. You may not assign, transfer, hold on trust or otherwise delegate any of your rights or obligations under these Terms and Conditions without our prior written consent. If you are a company, any change in your effective control shall be deemed an assignment.
8.4 Force Majeure: If a Force Majeure Event occurs, we may
8.4.1 totally or partially suspend the Database during any period in which we may be prevented or hindered from delivering by our normal means of supply or delivery due to that Force Majeure Event; and
8.4.2 elect to extend at our discretion the period for performance of an obligation under these Terms and Conditions as is reasonable in all the circumstances.
8.5 Severability: Each clause in these Terms and Conditions is severable and if any clause is held to be illegal or unenforceable, then the remaining clauses will remain in full force and effect.
8.6 Waiver: No failure, delay, relation or indulgence on our part in exercising any power, right or remedy precludes any other or further exercise of that or any other power, right or remedy.
8.7 Governing law: These Terms and Conditions shall be governed by the laws of the Hong Kong Special Administrative Region of China.
9.1 Personal pronouns: Except where the context otherwise provides or requires:
9.1.1 the terms “we”, “us” or “our” refers to The Women’s Foundation Limited or relevant Affiliated Entities (as the case may be or context requires); and
9.1.2 the terms “you” or “your” refers to a corporate user granted access to the Platform being a party involved in filling board, committee, advisory or other non-executive roles
9.2 Defined terms: In these Terms and Conditions, unless otherwise provided, the following terms shall have their meaning as specified:
Affiliated Entities means our affiliates, associated entities and relevant partners as the case may be or the context requires from time to time.
Database shall mean the “Women to Watch” Database as part of the Platform maintained by us from time to time made up of senior talented women with a view to increasing visibility and connecting Women To Watch applicants whose details are included to potential board and board-related roles.
Force Majeure Event means circumstances beyond our reasonable control including, but not limited to, acts of God, acts of the public enemy, your acts or omissions, actions of governments or government bodies, civil unrest, failures in utilities, fires, floods, strikes, lockouts, embargoes, wars, labour or material shortages, riots, insurrections and defaults of our suppliers or subcontractors.
Intellectual Property Rights means all forms of intellectual property rights (whether registered or unregistered) in copyright, designs, patents, trademarks, domain names, trade secrets, know-how, confidential information, and all other similar proprietary rights and all extensions and renewals thereof anywhere in the world which currently exist and/or are recognised in the future.
Personal Data shall mean ‘personal data’ as defined in the Privacy (Personal Data) Ordinance of Hong Kong and includes all personal identifying information related to Women To Watch applicants included in the Database.
Platform shall mean the Platform maintained by us on which the Women to Watch Database is located and from which can be accessed from time to time.
Purpose means the objective of making the talented and experienced women who are the Women To Watch applicants in the Database more visible to and connecting them with companies, boards, nomination committees, search firms and other relevant and genuine parties involved in seeking to fill director, board, governor, committee, advisory and other non-executive or board-related roles, to ultimately support the goal of increasing the number of women on boards.
Privacy Policy means the TWF privacy policy published on our web-site womentowatch.twfhk.org as amended from time to time.
Terms and Conditions means these terms and conditions relating to access to, or use of, the Platform as amended from time to time.