FINTECHHK GLOBAL COMPETITION TERMS & CONDITIONS
PLEASE READ THESE TERMS CAREFULLY, AS THEY APPLY TO YOUR APPLICATION AND PARTICIPATION IN THE JUMPSTARTER EVENT (AS DEFINED BELOW). BY SUBMITTING YOUR APPLICATION (AS DEFINED BELOW), YOU ACCEPT THESE TERMS AND AGREE TO BE BOUND BY THEM.
www.fintechweek.hk/competition (the “Site”) is a website of FintechHK Global Competition powered by The Hong Kong Alibaba Entrepreneurs Fund Limited established under the laws of the Cayman Islands (together, “Alibaba Entrepreneurs Fund”, the “Fund,” “we,” “us,” etc.).
These Terms are incorporated into the Alibaba Entrepreneurs Fund Disclaimers (“Disclaimers”) by reference. Any terms used in these Terms will have the same meanings as those in the Disclaimers unless otherwise specified. Any reference to Services in the Disclaimers or herein include Events
Capitalised terms used in these Terms shall have the following meanings:
means a cash prize of USD 20,000, for the Winner at the sole discretion of the Fund;
means a business that has been accepted and registered by the Fund for participation in the JUMPSTARTER Contest and FintechHK Contest in order to compete to receive the Investment and the Cash Prize;
means the Semi-Pitch events of JUMPSTARTER Contest held in six cities, including Hong Kong, Shenzhen, Kuala Lumpur, London, San Francisco Bay Area and Toronto, that are organised by the Fund during August to October 2019, and the Final-Pitch event of FintechHK Contest powered by the Fund at Hong Kong FinTech Week on November 6, 2019 in Hong Kong, in which:
- More than ten (10) Contestants selected from Semi-Pitch events for the final event shall present their final pitch of their business, and the relevant Judges shall select one (1) Contestant they believe should be the winner of the Investment and Cash Prize, who will enter into the Final Pitch at JUMPSTARTER’s Grand Finale;
means FintechHK Global Competition, which is part of the JUMPSTARTER Events, powered by the Fund;
“Hong Kong FinTech Week”
means a series of financial technology events, including FintechHK Global Competition powered by the Fund, taking place during November 4-8, 2019 in Hong Kong and Shenzhen organised by InvestHK, FintechHK and FINNOVASIA Limited, the details of which are available on www.fintechweek.hk;
means an amount up to USD 500,000, for the Winner at the sole discretion of the Fund;
means any trademarks, service marks, logos, trade names, corporate names, Internet domain names, patents, registered designs, copyrights, design rights, database rights, rights in designs, inventions, semiconductor topography rights, know-how, trade secrets or any similar right exercisable anywhere in the world, and all applications or rights to apply for the same (where such applications can be made), whether presently existing or created in the future, and whether registered or not, and all benefits, privileges, or rights to sue, recover damages and obtain relief for any past, current or future infringement, misappropriation or violation of any of the foregoing rights;
means 1) the individuals selected by the Fund to consider the business pitches presented by the Contestants, and who will determine which Contestants shall win the relevant Semi-Pitch Event or Final Event in which they are judging;
means any data, material or information, in any format whatsoever, including (without limitation) any marketing materials, adverts, promotional materials, posters, text, software, images, graphics, photos, videos, sound recordings, audio and video recordings, directories, databases or listings, that are in relation to the JUMPSTARTER Event(s) and were created by or on behalf of the Fund, or which are made available on or through the JUMPSTARTER Website;
means the JUMPSTARTER global pitch competition organised by the Fund for start-up businesses to compete via the JUMPSTARTER’s Semi-Pitch Events and Final Event (Grand Finale) in order for five (5) Contestants to each receive the Investment and the Cash Prize, and any related press conferences, promotional events or workshops;
means a series of Events organised by the Fund, including the JUMPSTARTER Contest, the FintechHK Contest, startup showcase, business networking, student entrepreneurship education, mentor / investor hour, corporate innovation education and entrepreneurship workshop to support the career development and entrepreneurial aspirations of young people through the Alibaba ecosystem;
means the personal information collection statement provided to you at the time you submit Your Application or any amended versions to which you subsequently consent, and which can also be found at www.jumpstarter.hk;
means the premises at which the Semi-Pitch Events, Final Event, and any press conferences, promotional events or workshops related to the JUMPSTARTER Events are held;
means the six (6) events of Semi-Pitch Events of JUMPSTARTER Contest held in Hong Kong, Shenzhen, Kuala Lumpur, London, San Francisco Bay Area and Toronto that are organised by the Fund during August to October, 2019, which shall:
- involve the relevant Judges selecting more than ten (10+) Contestants in the six (6) locations that they think should move on to the Final Event;
"Third Party Materials"
means any materials, information and/or content (in any format whatsoever) provided, uploaded, transmitted, submitted or posted by or sourced from any third party;
means the website to which the domain name jumpstarter.hk resolves;
means the website to which the domain name jumpstarter.hk/en/login?fintech=1 resolves;
means the final one (1) Contestant selected by the Judges in the Final Event, who will be the winner of the Investment and Cash Prize and enter into the Final Pitch at JUMPSTARTER’s Grand Finale;
"You" or "Your"
means you, the person who is using the JUMPSTARTER Website or the FintechHK Website and/or applying to register for the FintechHK Global Competition;
means the application form submitted by you via the JUMPSTARTER Website or FintechHK Website, for participation in the JUMPSTARTER Events as a Contestant;
has the meaning given in Clause 9.
2. The FintechHK Contest
- The FintechHK Contest is organised by the Fund. By submitting Your Application and/or participating in the FintechHK Contest, you agree to be bound by and accept these Terms and the Terms and Conditions of JUMPSTARTER. If you do not agree to these Terms, then you must not submit Your Application or participate in the FintechHK Contest and JUMPSTARTER Events.
- The Fund shall specify the rules and procedures in relation to the FintechHK Contest and how they shall be conducted. The current rules and procedure can be found at the FintechHK Website and the JUMPSTARTER website (www.jumpstarter.hk). The Fund has the right to amend, modify and/or add to such rules and procedures at any time, in its sole discretion, with no liability to you. Any amendments shall be posted on the FintechHK Website and the JUMPSTARTER Website. Your continued participation in the FintechHK Contest and/or the JUMPSTARTER Events and/or failure to withdraw Your Application after the amended rules and procedures are posted on both Websites constitutes your acceptance of such amendments. If you do not agree to any amendments to the rules or procedures, your sole remedy is to withdraw Your Application and to cease participating in the JUMPSTARTER Events pursuant to Clause 6.1.
- The Winner shall receive the Cash Prize (which is provided by the Fund) and will proceed to the Final Pitch at JUMPSTARTER’s Grand Finale. In addition, the Winner may, subject to the discretion of the Fund, be entitled to receive the Investment. The Fund and other investors may also determine the amount of Investment to be provided and the manner in which the Investment is provided to the Winner.
- You understand and agree that the Fund does not provide any guarantees, undertakings or warranties in relation to your chances of becoming a Winner.
- The Fund shall have the absolute discretion to make any decisions in relation to the FintechHK Contest and the JUMPSTARTER Events, and its decisions shall be final and binding.
- You acknowledge and agree that the Fund, at its sole discretion shall have the right to record the FintechHK Contest (in any format), and broadcast, stream or transmit the FintechHK Contest in whatsoever manner (including, without limitation, as a live-stream), as well as allow the public to attend, view, and/or watch any broadcast or recording of the FintechHK Contest (including the Final Event and/or any Semi-Pitch Events), either for free or in return for compensation. You shall not have any right to edit, object to or request the take down of, and shall not have any rights, title or interest in such recordings or broadcasts (in any format whatsoever), and all IP Rights in such recordings or broadcasts are owned by the Fund as JUMPSTARTER Content, pursuant to Clause 11. You shall not be entitled to any part of the compensation received by the Fund from the public, or any distribution, broadcasting or licensing revenue received by the Fund.
- All costs and expenses incurred by you in relation to Your Application and/or your participation in the FintechHK Contest and the JUMPSTARTER Events shall be borne solely by you.
- You understand and agree that not all applications for participation as a Contestant in the FintechHK Contest and the JUMPSTARTER Events are accepted by the Fund. The Fund retains its sole discretion in deciding whether to accept your application.
- You understand and agree that, where you sign up for the FintechHK Contest, your automatically sign up for the JUMPSTARTER Events (FinTech category) and you agree to accept the Terms and Conditions of JUMPSTARTER; and where you sign up for any of the JUMPSTARTER Events (FinTech category), you automatically sign up for the FintechHK Contest and you agree to accept these Terms and the Terms and Conditions of the Hong Kong FinTech Week (available at: www.fintechweek.hk);
- You acknowledge and agree that you can only participate in the FintechHK Contest as a Contestant if:
- you submit Your Application, and Your Application is accepted by the Fund and you are registered to participate in the JUMPSTARTER Events and the FintechHK Contest (for Fintech startups only);
- you are a business that falls within the scope of Financial Technology (Fintech);
- you are a start-up that has been in operation for less than five (5) years;
- you have raised less than US$ 20,000,000 in funds to support your business;
- you have a desire to make Hong Kong part of your future plans; and
- you are seeking investments at either seed, pre-A, series A, series B or series C stage.
- If you wish to participate in the FintechHK Contest as a Contestant, then you must submit Your Application via the relevant registration page on the FintechHK Website or the JUMPSTARTER website, and any supporting documents requested by the Fund from time to time. Your Application must be submitted on or before the relevant application deadline stated on the Website in order to be taken into account by the Fund.
- The Fund has the sole discretion to determine whether or not to accept or reject Your Application, for any reason whatsoever, with no liability to you.
- You represent and warrant that all information and materials submitted by you in relation to Your Application and any supporting documents shall be complete, up-to-date and accurate, and shall not infringe the rights of any third parties. Upon becoming aware that nay information or materials provided by you to the Fund are no longer complete, up-to-date or accurate, you shall promptly notify the Fund in writing at email@example.com.
To register for the FintechHK Contest and/or the JUMPSTARTER Events, you must complete the verification process prior to any deadlines described on the verification page for the particular FintechHK Contest and/or the JUMPSTARTER Event. Event verifications are subject to availability and may close earlier than posted deadlines. Upon completion of your online verification, you will be sent a confirmation by email. The confirmation is sent to the email address provided on the verification.
5. Cancellation By You
In the event of cancellation by you, written notification must be sent by email to firstname.lastname@example.org 48 hours before the time of Event. In the event of any cancellation by you or us, the Disclaimers and these Terms and Conditions, as applicable, will continue in full force and effect.
6. Event Program And Cancellation By Us
The FintechHK Contest is subject to change. We may change or cancel the FintechHK Contest at any time and may deny, limit or cancel a verification for the FintechHK Contest (including a confirmed verification) at any time. Without prejudice to the foregoing, we shall not be liable to you in any way for any loss, damages, costs or expenses suffered or incurred (directly or indirectly) by you in relation to the FintechHK Contest, or any changes to or cancellations of the FintechHK Contest (in whole or in part).
7. Code Of Conduct
You agree to behave in such a way as to create a safe, supportive environment while at the JUMPSTARTER Event(s) and any related event(s). You agree not to engage in disruptive speech or behavior or otherwise interfere with the Event or other individuals’ participation in the JUMPSTARTER Event(s). You will comply with all applicable laws and agree not to engage in any form of harassing, offensive, discriminatory or threatening speech or behavior, including relating to race, gender, sexual orientation, religion or disability. We may require participants engaging or threatening to engage in such behavior to leave the JUMPSTARTER Event(s) or related event immediately. If you witness such behavior, please promptly contact our staff member so direct action can be taken.
Specifically, you agree that you shall:
- not contravene or infringe any third party’s rights;
- not engage in any activity that interferes with, disrupts or adversely affects the Jumpstarter Event or other Contestants' participation in the Jumpstarter Event;
- not engage in any harassing, disruptive, offensive, abusive, threatening, indecent, defamatory, obscene, dishonest, discriminatory, immoral or menacing behaviour;
- not make any statements, comments or issue any materials that are derogatory, defamatory or adverse to the reputation of any member of the Jumpstarter Committee or the Jumpstarter Event;
- comply at all times with any requirements or restrictions related to your access to the Premises, and all rules and procedures issued by the Jumpstarter Committee in relation to the Jumpstarter Event;
- not copy, modify, reproduce, download, re-publish, sell, distribute or create derivative works from any Jumpstarter Content (in whole or in part);
- not install, upload or transmit (or allow the installation, uploading or transmission of) any viruses or instructions, codes, techniques or devices capable of disrupting, disabling, damaging, shutting down, monitoring or gaining unauthorised access to the Website;
- not take any action or allow any third party to take any action that would enable you, or any third party, to gain unauthorised access to, monitor or to tamper with or use any computer systems or networks of the Jumpstarter Committee or any third parties; and
- use the Website and any Jumpstarter Content only for purposes that are expressly permitted by these Terms.
8. Information About You
9. License To Use Items
In consideration of the opportunity to participate in the JUMPSTARTER Event, you grant the Fund a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sub-licensable license to use, copy, reproduce, process, adapt, publish, create derivative works from, incorporate into any JUMPSTARTER Content, translate, transmit and disseminate the following ("Your Content"):
- any data, material, information, trade marks, trade names or logos, provided, uploaded, submitted or presented by you (in any format whatsoever) to the Fund or its service providers, or via the Website or any social media platform in relation to the JUMPSTARTER Event, and or otherwise in connection with or during the JUMPSTARTER Event; and
- any photographs, images, videos, audio and/or sound recordings, that the Fund or its service providers make, create, live stream, broadcast or record of you, your employees and/or representatives in connection with the JUMPSTARTER Event,
in any form, media or technology whatsoever, for the purposes of administering, organising, providing, hosting, fulfilling, promoting, marketing, advertising and/or showcasing the JUMPSTARTER Events, and as otherwise permitted under these Terms.
You warrant and undertake that you have all the rights, power and authority necessary to grant the license described in this Clause. You agree that you are responsible for protecting and enforcing your own IP Rights and the Fund have no obligation to do so on your behalf.
You agree that you waive, and have obtained all waivers from your employees and representatives of, any and all moral rights in Your Content.
The Fund reserve the right (but shall have no obligation) to remove, pre-screen, review, flag, filter, modify or refuse any of Your Content, at its sole discretion.
- You understand and agree that Your Content is not confidential and may be disseminated and disclosed by the Fund and its sub-licences pursuant to Clause 9.1, and may become known to the public (including, without limitation, when members of the public attend the JUMPSTARTER Event(s) or view any promotional or marketing materials).
- The Fund shall not be responsible for and assumes no liability to you to maintain the confidentiality of any of Your Content. It is your obligation to ensure that no proprietary or confidential information or materials are provided to the Fund, as this will be subject to Clause 9.
- For the avoidance of doubt, this Clause 10 is without prejudice to the PICS.
11. Fund's IP Rights
- You acknowledge and agree that as between you and the Fund, all rights, title, interest and IP Rights in relation to the JUMPSTARTER Event(s), the JUMPSTARTER Content and the Website are owned by the Fund or its third party licensors.
- You have no rights, title or interest in relation to the JUMPSTARTER Event(s), the Website or the JUMPSTARTER Content (excluding Your Content).
- You shall not use any trade mark, service mark, trade name, logo or any other IP Rights of any member of the Fund, and nothing in these Terms shall be construed as granting you any rights to such trade marks, service marks trade names, logos or IP Rights. You shall not use any trade mark, service mark, trade name, logo, image or content of any third party without that third party's prior authorisation. You shall not use any trade mark, service mark, trade name, logo, image or content in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, logos, images or content.
12. Third Party Materials
- You acknowledge and agree that the Fund shall not be obligated to (but reserves the right at its sole discretion to) actively monitor or exercise any control whatsoever over any Third Party Materials. The Fund does not endorse, verify or otherwise certify any Third Party Material, including any that may be incorporated in the JUMPSTARTER Content.
- Both JUMPSTARTER Website and FintechHK Website may include hyperlinks to other websites, content or resources, which are hosted, offered or provided by third parties unrelated to the Fund. You understand and agree that:
- the Fund has no control over, does not monitor and does not endorse such third party websites, content, or resources; and
- the Fund makes no guarantee or warranty, and is not responsible for any such external sites, content or resources (or any products, goods or services promoted, referred to or offered on such external sits or resources).
13. Assumption of Risk
You acknowledge and agree that your attendance and participation in the JUMPSTARTER Event(s) is voluntary and at your sole risk, and the Fund disclaims any and all liability in relation to your attendance and participation in the JUMPSTARTER Event(s) or your attendance at the Premises, to the fullest extent permitted by applicable law.
- The JUMPSTARTER Content are for your general reference only, and are not intended to amount to any advice on which you should rely.
- YOUR PARTICIPATION IN THE JUMPSTARTER EVENT AND YOUR USE OF THE JUMPSTATER CONTENT AND THE WEBSITE, ARE AT YOUR SOLE RISK AND SUCH IS PROVIDED “AS IS” AND “AS AVAILABLE”.
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE JUMPSTARTER COMMITTEE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND IN RESPECT OF THE JUMPSTARTER EVENT, THE WEBSITE AND ANY JUMPSTARTER CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, COMPLETENESS AND ACCURACY.
- WITHOUT PREJUDICE TO THE GENERALITY OF CLAUSE 14.3 ABOVE, THE JUMPSTARTER COMMITTEE MAKES NO REPRESENTATIONS OR WARRANTIES:
- AS TO THE ACCURACY, QUALITY, COMPLETENESS, CURRENTNESS, ADEQUACY, RELIABILITY OR VALIDITY OF THE JUMPSTARTER CONTENT;
- THAT THE JUMPSTARTER CONTENT, THE WEBSITE, OR THE JUMPSTARTER EVENT WILL MEET YOUR REQUIREMENTS, OR ARE FREE OF DEFECT, ERROR, OMISSION OR VIRUS;
- THAT YOUR USE OF THE WEBSITE OR THE JUMPSTARTER CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR
- THAT DEFECTS, DEFICIENCIES OR ERRORS IN THE WEBSITE, THE JUMPSTARTER CONTENT OR THE JUMPSTARTER EVENT WILL BE CORRECTED.
- Nothing in these Terms, shall exclude or restrict any warranty or liability for death or personal injury caused by the Fund's negligence, for fraud or fraudulent misrepresentation or that may not be lawfully excluded or limited by applicable law. Only the limitations and/or exclusions that are lawful under the applicable law will apply, and the Fund's liability will be limited to the maximum extent permitted by the applicable law.
- THE JUMPSTARTER COMMITTEE SHALL NOT BE LIABLE TO YOU IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE FOR ANY LOSS, DAMAGES, COSTS OR EXPENSES WHATSOEVER (INCLUDING WHETHER GENERAL, SPECIAL, INDIRECT, DIRECT, NOMINAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL), INCLUDING LOSS OF PROFIT; LOSS OF REVENUE; LOSS OF TIME; LOSS OF ANTICIPATED SAVINGS; LOSS OF OPPORTUNITY; LOSS OR CORRUPTION OF DATA; LOSS OF USE; LOSS OF BUSINESS; WASTED EXPENDITURE; LOSS OF OR DAMAGE TO PHYSICAL PROPERTY; BUSINESS INTERRUPTION; LOSS OF OR DAMAGE TO GOODWILL, WHICH MAY ARISE IN RELATION TO THESE TERMS, THE JUMPSTARTER EVENT, THE WEBSITE, THE JUMPSTARTER CONTENT OR THE PREMISES, WHETHER OR NOT THE JUMPSTARTER COMMITTEE WERE ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH LOSS.
- WITHOUT PREJUDICE TO CLAUSE 14 OR THE GENERALITY OF CLAUSE 15.2, THE JUMPSTARTER COMMITTEE SHALL NOT:
- BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES SUFFERED BY YOU (HOWEVER ARISING, INCLUDING (WITHOUT LIMITATION) AS A RESULT OF NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE JUMPSTARTER EVENT, THE WEBSITE, THE JUMPSTARTER CONTENT OR THE PREMISES; OR
- BE LIABLE FOR ANY CHANGES OR AMENDMENTS TO OR CANCELLATION OF THE JUMPSTRATER EVENT (IN WHOLE OR IN PART)
- WITHOUT PREJUDICE TO CLAUSE 15.2 AND CLAUSE 15.3, SOLELY TO THE EXTENT THAT ANY COURT OF COMPETENT JURISDICTION ISSUES A DECISION THAT CLAUSE 15.2 AND CLAUSE 15.3 ARE INVALID OR UNENFORCEABLE, THEN JUMPSTARTER COMMITTEE'S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE JUMPSTARTER EVENT, THE WEBSITE OR THE JUMPSTARTER CONTENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL IN NO CIRCUMSTANCES EXCEED USD 100.
16. Governing Law
These Terms (including its interpretation and any disputes relating to it) shall be governed by the laws of Hong Kong, and are subject to the non-exclusive jurisdiction of the courts of Hong Kong.
If any of these Terms are held invalid, illegal or unenforceable by any court or tribunal of competent jurisdiction, it will be severed and the remaining terms will continue in full force and effect as if these Terms had been made without the invalid, illegal or unenforceable terms.
18. Entire Agreement
These Terms contain the entire agreement between you and the Fund in respect of its subject matter.
A failure or delay by the Fund to exercise any right or to act upon a breach under these Terms will not be a waiver of that right or breach. Any waiver by the Fund of any of its rights or of a breach of these Terms must be in writing, and such waiver is limited to the particular right or breach stated therein.
You may not transfer any of your rights or obligations under these Terms without the prior written consent of the Fund. The Fund may transfer its rights or obligations to any third party without your consent.
21. Assumption Of Risk
You acknowledge and agree that your attendance and participation in the JUMPSTARTER Event(s) is voluntary. You agree to assume the risks associated with attending and participating in the JUMPSTARTER Event(s) to the fullest extent permitted under applicable law.
22. Changes To These Terms
We may revise these from time to time to reflect changes in our Services or Events, in accordance with customer feedback or for any other purposes. We encourage you to review these Terms periodically to be informed of any latest changes. Where we consider any changes to these Terms reasonably material, we will notify you prior to such changes becoming effective (via email or any other means). You agree that by participating in the Event, without or without notice from us, you consent to the changes to these Terms.
23. English Version Prevails
In the event of any discrepancy between the English version and the Chinese version of these Terms, the English version shall prevail.
24. Contact Us