Terms of Service
Last updated: 23 June 2023
Version: 1.1
Agreement to Our Legal Terms
We are the Chinese University of Hong Kong, providing services as CUHK ("University", "we", "us", "our").
The uPRDatabase (the "platform"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services"), is developed and operated by the Centre of Learning Enhancement And Research (CLEAR), the Chinese University of Hong Kong ("University", "we", "us", "our").
The uPRDatabase stores digitalised data collected from the undergraduate programme review reports. This platform empowers teaching and non-teaching staff members of the university to learn more about the programme performances in various aspects, such as learning activities, learning outcomes, professional development for teachers and internationalisation & global engagement. The use of the quality assurance (QA) data in this database aims to support the enhancement and development of quality assurance awareness and measures in CUHK.
With the help of the QA data, the database showcases examples of good practices and recommendations, trends of programme performances, as well as performance comparisons between university, faculty/ unit, or programme(s). Members of faculties, departments, and programmes, along with members of the university management, can use this platform that are relevant to their job duty under authorised access.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and the University, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all Legal Terms. If you do not agree with all of these legal terms, then you are expressly prohibited from using the Services and you must discontinue using our services immediately.
Supplemental terms and conditions or related documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to review these Legal Terms to stay informed of updates on a regular basis. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
Table of Contents
1. Our Services and Acceptance of Terms of Use
2. Intellectual Property Rights
4. User Registration and Authorised Users
7. Accuracy, Completeness and Timeliness of Information
11. Modifications and Interruptions of the Service
1. Our Services and Acceptance of Terms of Use
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirements within such jurisdiction or country. Accordingly, the Service is only accessible via CUHK Campus networks (excluding ClassNet).
By using the uPRDatabase, you have engaged in our “Service” and have agreed to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including additional terms, conditions, and policies referenced herein and/or provided by hyperlink. These Terms of Service apply to all users of the platform, including, without limitation, users who are browsers, and/ or contributors of Content.
You are strongly advised to read these Terms of Service carefully before accessing or using the uPRDatabase. If you do not agree with all the terms and conditions of this agreement, then you must discontinue using our services immediately.
If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Any new features or tools which are added to the current platform shall also be subject to the Terms of Service. You may find the most recent version of the agreement at any time at the following link: https://web.uprdatabase.net/ToS/. We reserve the right, at our sole discretion, to amend any details of the Terms of Services by posting updates on our website. It is your responsibility to check this page regularly for changes. Your continued use of or access to the uPRDatabase following the posting of any changes constitutes acceptance of such changes.
2. Intellectual Property Rights
We possess the ownership of all intellectual property rights included in our Services, including all source code, functionality, databases, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks and logos contained therein (the “Marks”).
Our Content and Marks are protected by copyright and trademark laws.
The Content and Marks are provided in or through the Services “as is” for your personal, non-commercial use or other job duty-related academic purpose only.
As a user of uPRDatabase, you agree not to reproduce, duplicate, distribute, copy, sell, resell or exploit any data provided by the uPRDatabase, any form of access or use of the uPRDatabase or any contacts on the platform through which the uPRDatabase has provided, without our authorised permission. The University reserves the right to refuse service to anyone for any reasons at any time.
3. User Representations
By using the Services, you understand that: (1) all registration information you have submitted will be true, accurate, up-to-date, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (5) you will not use the Services for any illegal or unauthorised purposes; and (6) your use of the Services will not violate any applicable law or regulation.
If you have provided any information that is untrue, inaccurate, not up-to-date, or incomplete, we have the right to suspend or terminate your account and refuse any and all of your current or future access to the Services (or any portion thereof).
4. User Registration and Authorised Users
You are required to register in order to use the Services. Authorised users can access the uPRDatabase by registering the platform with their CUHK Login email (i.e. the Office365 email address) and OnePass password under CUHK networks. Aligned with the information security policies implemented by the ITSC, our platform adopts DUO Two Factor Authentication (2FA) to protect users’ accounts. All users are required to enroll 2FA. You can find more information about DUO 2FA in this webpage: https://www.itsc.cuhk.edu.hk/all-it/information-security/two-factor-authentication-2fa.
We reserve the right to terminate or suspend your access to the uPRDatabase without notice at its own discretion. You agree to keep your CUHK Office 365 email address and password confidential and will be responsible for all use of your account and password. If any suspicions of unauthorised access or intentional breach arise, you will be undertaking the responsibility to notify the University immediately. The University may suspend your access to the uPRDatabase until the security measures has been fully implemented and reassured.
5. Prohibited Activities
In addition to other prohibitions as stated in previous sections in the Terms of Service, you are prohibited from using the site or its content:
| to perform any acts with serve unlawful purpose; | ||
| to solicit others to perform or participate in any unlawful acts; | ||
| to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; | ||
| to infringe upon or violate our intellectual property rights or the intellectual property rights of ours or others; | ||
| to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate others based on gender, sexual orientation, religion, ethnicity, race, age, nationality or disability; | ||
| to submit false or misleading information; | ||
| to upload or transmit any type of malware that will affect the functionality or operation of the Service, of related and non-related websites to the Service, or the Internet; | ||
| to collect or track personal information of others; | ||
| to spam, phish, pharm, pretext, spider, crawl, or scrape; | ||
| to perform any acts which serve obscene or immoral purposes; or | ||
| to interfere with or circumvent the security features of the uPRDatabase, or related and non-related websites to the Service, or the Internet. |
We reserve the right to terminate your use of the uPRDatabase or any related websites for violating any of the prohibited uses.
You are not allowed to:
| decompile, disassemble, reverse engineer, or, otherwise, attempt to derive the source of the uPRDatabase, except and only to the extent applicable law prohibits or restricts reverse engineering restrictions; | ||
| copy, distribute, modify, adapt, alter, or create derivative works of any data in the uPRDatabase, except with granted permission from the University; or | ||
| modify, remove or obscure any trademarks, copyrights, branding, or other proprietary rights notices associated with the uPRDatabase, or, otherwise, re-brand or use any other trademarks with any materials in the uPRDatabase and its content. |
A breach or violation of any of the Terms will result in an immediate termination of your access to the platform and may result in legal ramifications.
6. Contribution License
You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Services, you agree that we can use and share your feedback for any purposes without compensation given to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any responsibility and to refrain from any legal actions against us regarding your Contributions.
7. Accuracy, Completeness and Timeliness of Information
The University is not responsible for the inaccurate, incomplete or out-of-date of information in the uPRDatabase . The data in the uPRDatabase is provided for general information only. You are strongly advised not to solely use or rely on the database to make decisions. With the reference from this database, private consultation and other sources with accurate and up-to-date information are recommended when planning programme strategies. Any solely reliance on the information on this platform is at your own risk.
This platform may contain certain outdated information, which will serve as reference only. We reserve the right to change, modify, or remove the contents of this platform at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our platform. You agree that it is your responsibility to monitor changes of to our platform.
8. Services Management
We reserve the rights, but not the obligations, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal actions against anyone who, in our sole discretion, violates the law or these Legal Terms, including, without limitation, reporting these users to law enforcement authorities; (3) in our sole discretion and, without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent which is technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and, without limitation, notice, or liability, to remove from the Services or, otherwise, disable all files and content that are excessive in size or bring adverse effects in any way to our system; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
9. Privacy Policy
We highly value data privacy and security. Please view our Privacy Policy (https://web.uprdatabase.net/ToS/) for more details. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in Hong Kong. If you access the Services from other regions with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Hong Kong, then through your continued use of the Services, you are transferring your data to Hong Kong, and you expressly consent to have your data transferred to and processed in Hong Kong.
10. Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use the uPRDatabase. If you fail to comply with any terms or provision of these Terms of Service with our suspicion or judgement, we may also terminate this agreement at any time without notice and you will remain liable for all amounts until on the day of termination; and/or accordingly, we may deny you access to the uPRDatabase (or any parts thereof).
11. Modifications and Interruptions of the Service
The University reserves the right at any time to modify or discontinue the uPRDatabase (or any parts or contents thereof) without notice at any time. We will not be liable to you or any third-party for any modification, suspension or discontinuance of the uPRDatabase.
We cannot guarantee that the platform will be available at all times. We may experience hardware or software issues, along with maintenance related to the platform, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or, otherwise, modify the platform at any time or for any reason without notice. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by failure to access or use the platform during any downtime or discontinuance of the platform. Under no obligation are we to maintain and support the platform or to supply any corrections, updates, or releases in connection therewith.
12. Corrections
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
13. Disclaimer
We do not guarantee that your use of the uPRDatabase will be uninterrupted, timely or error-free. We do not guarantee that the information obtained from the uPRDatabase will be accurate or reliable. You agree that from time to time we may suspend the uPRDatabase for indefinite periods of time or discontinue the uPRDatabase at any time without direct notice to you.
The uPRDatabase and all products and services delivered to you through the Platform are provided on an as-is and as-available basis. You agree that your use of the platform is at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We make no warranties or representations about the accuracy or completeness of the services’ content or the content of any websites or mobile applications linked to the Services and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services, (3) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the Services, (5) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Services by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Service.
We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services, any hyperlinked website, or any website or mobile application featured in any banners or other advertising materials, and we will not be responsible for monitoring any transactions between you and any third-party providers of products or services.
14. Limitations of Liability
In no event will we, our directors or employees be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Services, even if we have been advised of the possibility of such damages.
15. Indemnification
You agree to defend, indemnify and hold the University harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense an control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
16. Severability
In the event that any provisions of these Terms of Service are determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
17. User Data
The University uses cookies and web server logs to gather information about the browsing activities of users, which will be useful in improving user interface and navigation, ultimately to better meet the needs of current and prospective users. By using the uPRDatabase, you consent to aforementioned collection of data usage in the database by the University.
18. Electronic Communications
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirements that such type of communication be in writing.
19. Miscellaneous
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any rights or provisions of these Terms of Service shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any case beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
20. Contact Information
Any enquiries about the Terms of Service should be sent to us via email (uprdatabase@cuhk.edu.hk).