Thank you for using our services (“Services”). The Services are provided by Knowledge & Education Exchange Platform (“KEEP”), headquartered at The Chinese University of Hong Kong.

1. Using our Services

By using KEEP’s Services, via any media including webpages and mobile applications, you are agreeing to the Terms of Service (“Terms”).

If you are under the age of 18, you represent and agree that you are an emancipated minor or possess legal parental or guardian consent to use the Services and are fully able and competent to enter into all of the conditions, obligations, affirmations, representations and warranties set forth in these Terms.

Do not misuse our Services. You may use our Services only as permitted by law and not contradicting instructions we provide. We may suspend or stop providing our Services to you if you do not comply with our Terms or policies or if we are investigating suspected misconduct.

We are constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend or stop a Service altogether. We are not responsible for any effects such changes may have on you or your use of the Services.

We reserve the right to suspend or stop providing any Service to any user(s) without notice.

2. Your KEEP Account

You may need a KEEP Account to use some of our Services. You are responsible for the activity that happens on or through your KEEP Account. You are responsible for the confidentiality and the use of the login information, including the email and the password. If you suspect that someone may have obtained access to your password or made any unauthorized use of your KEEP Account, you agree to notify KEEP as soon as possible. We may suspend or stop providing our Services to you until we are satisfied that security has been re-established.

3. Personal Data and Privacy

KEEP’s Privacy Policy explains how we treat the information collected from you and protect your privacy when you use our Services. By using our Services, you agree that KEEP can use such information in accordance with our Privacy Policy.

You understand and agree that all information, including personal data, provided by you is accurate, current, and complete and that you will maintain and update your information to keep it accurate, current, and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your use of the Services and your enrollment any online courses on KEEP.

You should not put sensitive information or other information you would not want made public, in your Profile or otherwise share that information socially. If you do include such information in your Profile or otherwise publicly share your information, then you agree that it is at your own risk and recognize that we cannot control third parties’ access to such information.

You should not socially share or otherwise provide any of the following information or data in your Profile:

1. • racial or ethnic origin
   • political beliefs
   • philosophical or religious beliefs
   • membership of a trade union or political party
   • physical or mental health or biometric or genetic details
   • addictions, sexual activities
   • criminal offences or proceedings
   • information relating to unlawful or objectionable conduct, or
   • any national identification number
     

4. Content

The Services allow you to share your content, such as homework, quizzes, exams, projects, and other assignments you submit, posts you make in the discussions, and the like (“User Content“), with KEEP, its instructors, students, and other users. You retain all intellectual property rights in, and are responsible for, the User Content you share.

When you upload, submit, store, send or receive User Content to or through our Services, you give KEEP a worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such User Content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services.

You may not post, upload, or transmit to or otherwise make available through the Services any content, communications, or other information:

1. 1. • that is obscene, fraudulent, indecent, or libelous or that defames, abuses, harasses, discriminates against or threatens others;
      • that contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
      • that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
      • that infringes the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party;
      • that violates the rights of other users of the Services; or
      • that violates any applicable local, or international law or otherwise advocates or encourages any illegal activity.

5. Warranties and Disclaimers

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.

CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. KEEP AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

KEEP AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. KEEP AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KEEP AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KEEP OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

6. About these Terms

KEEP may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

These Terms will be governed by the laws of Hong Kong, excluding conflict-of-law principles that would cause the application of the laws of any other jurisdiction. You irrevocably submit to the exclusive jurisdiction of the courts of Hong Kong.

In case you violate the Terms and cause any damage or loss to KEEP, we reserve the right to take any legal action against you.

You agree to defend, indemnify, and hold harmless us, including our staffs and subcontractors, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Services or your breach of these Terms.

If any part of these Terms is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.

These Terms control the relationship between KEEP and you. They do not create any third party beneficiary rights.