Terms and Conditions of TeenShare Services [User]
These Terms and Conditions form a legally binding agreement between TeenShare and you (namely, the User). You hereby acknowledge and agree that these Terms and Conditions apply to your access to, and use of any services through the Platform. If you do not agree to be bound by all of these Terms and Conditions, please do not access or use the TeenShare Service.
Definition and Interpretation
1. In these terms and conditions, unless the context otherwise requires:
“Code of Conduct” means the Code of Conduct as stated on the Platform, which also forms parts of this;
“Content Provider” means any User who provides contents in specified forms for learning, training, and/or practices purposes pursuant to his respective agreements with TeenShare;
“Parties” means TeenShare and the User;
“Provided Content” means all contents and materials in all specified formats provided by Content Provider;
“TeenShare” means TeenShare Limited, which operates the Platform under the name “TeenShare”;
“TeenShare Service” means any mentorship programme provided through the Platform and/or through the social media(s);
“Specified Payment Gateway” means the specified payment gateway of which Platform User makes payment via the Platform;
“Platform User” means any User who has signed up to TeenShare Services as an individual and has subscribed to designated plans to attend mentorship programme under TeenShare Service;
“Mentor” means any User who has signed up to TeenShare Service as a mentor and shares own opinions on the Platform, social media(s) provided under TeenShare Services;
“User” means Platform User, Mentor, and Content Provider; and
“Platform” means the website www.TeenShareHK.com and any other websites or mobile applications as operated and managed by TeenShare from time to time.
2. Unless the context otherwise requires words denoting the singular shall include the plural and vice versa and words denoting any one gender shall include all genders and words denoting persons shall include bodies corporate unincorporated associations and partnerships.
3. Headings are to be ignored in the construction or interpretation of any provision of these Terms and Conditions.
4. The Code of Conduct and the Copyright Policy forms an integral part of this Agreement. Unless otherwise stated, any references to the content on the Platform shall relate to these Terms and Conditions.
5. TeenShare Service provides an online training platform accessible through the Platform, Mentor may at his discretion provide his own opinions for career guidance. In addition, Platform User is permitted to have access to the Provided Contents upon subscription of the relevant membership plan.
6. Platform User hereby acknowledges and agrees that TeenShare only acts as an intermediary between Mentor and Platform User, and TeenShare does not act as the agent of Mentor or Platform User or any other User.
7. The User who intends to use TeenShare Services as a Platform User must sign up to TeenShare Services and register as a Platform User through the Platform.
8. During the registration, the User is required to provide personal information and data, failing which no registration will proceed.
9. TeenShare has the sole right and discretion to request the Platform User to provide further and additional documents and information in order to facilitate verification of identity and may refuse registration and/or suspend any services if the Platform User fails to provide the requested documents and/or information within the requested period. After the completion of verification, the Platform User will be informed, by way of email, to activate the Platform User’s account.
10. Platform User needs to pay the corresponding entry fee before he is permitted to access to TeenShare Services and/or content.
12. Each User shall only register one (1) User account. The User account is personal and cannot be shared with, transferred or assigned to any third parties. The User shall be responsible to keep his account log-in details confidential.
13. TeenShare may change, suspend or discontinue any aspect or feature of TeenShare Service, the Platform and the settings of the User’s account at any time without giving any prior notice.
14. TeenShare has absolute rights to at any time suspend or terminate the User’s account without any prior warning notice and consent from the User if (i) the personal information or academic credential provided by the User during the registration is incorrect, false, not updated or incomplete, or (ii) TeenShare is of the option that the User’s actions or behaviours or interactions with any other User on the platform or otherwise has prejudiced to the enjoyment of TeenShare Services by any other Users, or has prejudiced to the reputation or operation of TeenShare or TeenShare Service, or (iii) the User is in breach of or fails to comply with these Terms and Conditions (including the breach or fails to comply with the Code of Conduct and/or Copyright Policy) or (iv) the User fails to pay the membership fee or any payment. No refund will be issued to the User if the User’s account is suspended or terminated due to the said reasons.
15. TeenShare only accepts the payment methods prescribed in the Platform. Platform User may from time to time change or update the payment method. By selecting online payment, Platform User hereby expressly authorizes TeenShare to bill and charge membership fee from his designated account or his credit card. TeenShare does not have the obligation to give prior notice to the credit cardholder or account holder.
16. TeenShare accepts Once-off payment: Platform User who pays a one-off payment will get access to featured content.
17. The Platform User hereby agrees that the pricing information of any TeenShare Service currently contained on the Platform is only reflecting the current pricing. The pricing will be changed or revised from time to time. TeenShare shall have absolute rights to change or revise the pricing from time to time without any prior notice to or consent of the Platform User.
18. By making any payment through the Platform, the Platform User is deemed to have accepted the separate sets of terms and conditions of the relevant Specified Payment Gateway. The Platform User is also deemed to have accepted the terms and conditions and the mechanisms of the relevant Specified Payment Gateway in relation to refund (if applicable).
19. The Specified Payment Gateway may charge administrative fees and/or other processing fees from the Platform User. TeenShare shall not be responsible for the said fees and that the Platform User shall solely be responsible for the said fees.
20. TeenShare shall not be liable for any loss, damages, costs and expenses suffered by the Platform User arising out of or in connection with (i) any act, default, omission or negligence of the Specified Payment Gateway or (ii) the closedown, suspension or freezing of the Specified Payment Gateway.
21. All fees paid are non-refundable.
22. No Reproduction, Copy, make available Distribution of Copyrighted Work
23. No User may reproduce any copyrighted work in any form unless the User has obtained written permission from the author of the copyrighted work.
24. No User shall copy any copyrighted work. Copying includes but is not limited to scanning, storing information in the hard disc or other electronic forms (e.g. memory cards and memory sticks), and transmission by facsimile.
25. No User shall make available, distribute and/ or permit to distribute copies of a copyrighted work, which includes the distribution by electronic means, such as through email. Making unauthorized copies of a copyrighted work to others through the internet (such as posting the said unauthorized copies on the internet) is an infringing act.
26. Use and Creation of Teaching Materials
27. The wording in the teaching materials:
28. Mentors and Content Providers are strictly prohibited from directly copying or merely modifying the wording of materials set by another author.
29. When creating teaching materials, Mentors and Content Providers must use their own wording to express the ideas of the teaching materials, particularly when making reference to ideas, concept or logic from any published materials, including but not limited to textbooks, articles and websites.
30. Drawings and Diagrams in the teaching materials:
31. Mentors and Content Providers are strictly prohibited from copying drawings and/or diagrams made by other authors.
32. When creating teaching materials, Mentors and Content Providers must produce their own fresh drawings and/or diagrams (including circles, cylinders, other shapes, etc.) using their own skill, judgment and tools.
33. Company’s Treatment of Infringing Acts
34. Should a User commit any copyright infringement or violate any part of this Policy and/or any part of the Copyright Ordinance of Hong Kong (Chapter 528 of the Laws of Hong Kong) or any relevant copyright laws and regulations, the Company may take any of the following actions:
35. Immediately remove all infringing materials produced by the User / cease to publish all infringing materials produced by the User;
36. Terminate any engagement and/or agreement between the User and the Company;
37. Cease to make any payment to the Mentors and Content Providers; and/or
38. Seek loss and damages caused to the Company as a result of the User’s infringing act(s).
39. Reference to Third Parties Copyrighted Work
40. Mentors and Content Providers who include third party materials in their teaching materials are reminded of the importance of proper citation. It is necessary for Users to make reference give credit to the proper source. The page or paragraph number where the Users find information is required for all quotations but is optional for paraphrased information. Citations in the Users’ paper are necessary to provide credit to the proper sources.
Code of Conduct
41. Unless the context otherwise requires, the definitions and interpretations of the terms in this Code of Conduct shall refer to the Terms and Conditions of TeenShare Services
42. The User shall not post or make available any content to the Website which:
a. encourages any illegal or immoral activities;
b. is pornographic, obscene, violent, contains nudity or may otherwise offend human dignity;
c. contains any profane language, hate speech, content which is offensive or is likely to harass, embarrass, bully or upset any other person or group;
d. is insulting, abusive or threatening;
e. infringes or violates another person’s rights (including intellectual property rights and privacy rights); or
f. involves any transmission of spam or junk messages.
g. interfere with the provision of TeenShare Service.
43. The User shall not use the Website to:
a. conduct any fraudulent behaviour;
b. engage in any illegal or immoral activities;
c. engage in any activities which are prohibited by the Employer;
d. prejudice the enjoyment of TeenShare Service of any other User;
e. perform any unwelcoming, inappropriate or offensive interactions with any other User;
f. harm the reputation of TeenShare and/or TeenShare Service; or
g. interfere with the provision of TeenShare Service.
44. The User shall not:
a. share his TeenShare account with any third party (including but not limited to other Users);
b. re-sell, assign or transfer his account to any third party (including but not limited to other Users);
c. use the TeenShare subscription for business use or any non-training purpose;
d. have unusual usage patterns inconsistent with normal or individual subscription use; or
e. make unwelcome calls of short duration to the Mentor.
45. The Platform User hereby expressly agrees and undertakes that the content, including but not limited to the questions and comments, posted by the Platform User must be for the Platform User’s own educational and training purposes. TeenShare shall have the absolute rights to remove any content it deems inappropriate without any prior notice.
46. Without prejudice to any rights of TeenShare under the Terms and Conditions of TeenShare Services, TeenShare shall have right to report and provide reasonable assistance to any law enforcement agency or judicial authorities of Hong Kong and/or other jurisdictions for any suspected illegal activities observed in TeenShare User’s actions or behaviours or interactions with any other User on the platform or when using TeenShare Service, the Website.
47. The Platform, together with TeenShare Service, are exclusively owned and operated by TeenShare. No reproduction, republication, upload, copy, transmit, distribution, display or otherwise use of any materials or contents on the Platform is allowed or permitted without prior written consent from TeenShare.
Intellectual Property Rights of Contents and Materials
48. TeenShare is the exclusive owner of intellectual property rights of all contents and materials of the TeenShare Service, including but not limited to the questions, answers and solutions. The User shall not disclose, leak, spread, publish, distribute, release or disseminate any questions, answers or solutions obtained from and/or provided on the platform to any third parties outside the platform without the prior written consent of TeenShare.
49. TeenShare does not warrant, represent or guarantee the following:-
a. the questions posted by TeenShare User will be answered, or that the answers and/or solutions provided by Mentor are true, correct, update, completed and/or accurate;
b. the accuracy, completeness, reliability, usefulness, update or suitability of the User’s use of TeenShare Service. The User is responsible for the use of any information or contents obtained from TeenShare Service, either through the Platform and either the information or contents are provided by TeenShare, its advertising clients, other Users or otherwise. The User should make his own enquiries to check if the information so obtained is accurate, complete, reliable, updated and suitable for his intended use;
c. the identity of Users of TeenShare Services or the accuracy of information provided in the course of the other Users’ registration or use of TeenShare Service. For the avoidance of doubt, TeenShare does not conduct inquires on the personal background or criminal records of any User. Therefore, the User is at his own risk and responsibility for all interactions with other User of TeenShare Service. TeenShare is not responsible for any loss or damage whatsoever, whether direct, indirect, general, special, compensatory, consequential or incidental, arising out of or relating to the conduct of other Users in the course of using TeenShare Services, including but not limited to death, bodily injuries, emotional distress or any damages resulting from the User’s interaction with any other Users in the course of using TeenShare Services;
d. the Platform or TeenShare Service will be uninterrupted or error-free, defect-free or virus-free;
e. any electronic files available through the Platform will be free of any harmful code or virus, and
f. the Platform is compatible with the User’s mobile device or computer.
50. All information appearing on the Website is of educational and training nature only and is not intended to constitute professional, medical, financial or any other advice on otherwise aspects. The Website may provide information that includes the views or recommendations of others that are not necessarily views of TeenShare.
51. The User shall indemnify, defend, and hold harmless TeenShare, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys’, investigators’, and experts’ (or similar) fees, disbursements and costs incurred, in connection (i) with the Platform User’s use of use TeenShare Service, (ii) in connection with the Platform and/or TeenShare Service, (iii) with regard to any dispute between the User and other Users, or (iv) User’s violation of these Terms and Conditions, or (v) arising from User’s violation of any rights of a third party.
52. TeenShare may terminate this Agreement with the User with immediate prior notice without issuing any refund to the User if the User breaches or fails to comply with any provision of these Terms and Conditions.
53. The User may terminate the subscription of the membership plan at any time with or without giving any reasons by sending TeenShare formal notification through the Platform. The User acknowledges and agrees that all fees paid are non-refundable upon termination unless otherwise specified in these Terms and Conditions.
54. These Terms and Conditions embody all the terms and conditions agreed upon between the Parties as to the subject matter of the Terms and Conditions and supersedes and cancels in all respects all previous correspondence, understandings and agreements between the Parties with respect to the subject matter hereof, whether such be written or oral.
55. The failure of any party hereto at any time to require performance or observance by any other party of any provision of these Terms and Conditions shall in no way affect the right of such first party to require performance of this provision and any waiver by any party of any breach of any provision of these Terms and Conditions shall not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself or a waiver of any right under these Terms and Conditions.
56. If any of the provisions in these Terms and Conditions are deemed invalid, illegal, prohibited, void, or for any reason is unenforceable, that provision will be ineffective and deemed severable and will not affect the validity and enforceability of the remaining provisions of these Terms and Conditions.
57. The Contracts (Rights of Third Parties) Ordinance (Cap. 623) shall not apply to these Terms and Conditions except the subsidiaries, related and/or associated companies of TeenShare. The rights of the parties to terminate, rescind, or agree to any amendment, waiver, variation and/or settlement under or relating to these Terms and Conditions are not subject to the consent of any third party.
58. In these Terms and Conditions, the masculine gender shall include the feminine and neuter and the singular number shall include the plural and vice versa. In these Terms and Conditions, the headings are inserted for convenience only and shall not affect the construction of these Terms and Conditions.
59. Unless specified otherwise herein, all notices must be in writing and addressed to the other party’s email address. The notice will be deemed given when verified by automated receipt or electronics lots.
60. These Terms and Conditions are governed by and shall be construed in all respects in accordance with the laws of Hong Kong and all the Parties hereto hereby submit to the exclusive jurisdiction of the Hong Kong courts in connection with any matters arising hereunder.
61. The User hereby acknowledges and agrees that TeenShare shall have the right to amend or modify these Terms and Conditions from time to time. Any changes will be reflected by an update of these Terms and Conditions. TeenShare shall post the notice in respect thereof on the Platform.
62. These Terms and Conditions are effective from June 2022.