Terms of Service

Terms of Service

By visiting, subscribing to, Account registering or ordering with FPK Academy (FPKA) website’s (the Website) service (Service), you agree to use it in compliance with the below Terms of Service (TOS).

By purchasing, subscribing to, accessing, or otherwise using the Service (including but not limited to ordering the Service without the involvement of the Service via the Website by means of the individual service order form etc., which is subsequently executed by FPKA/Smart Campus Consultancy Ltd. (Smart Campus)), you are concluding an agreement (Agreement) with Smart Campus under the terms and conditions stated in this Terms of Service. If you do not agree with these TOS, please do not order and/or use the Service. We reserve the right to refuse to provide the Service to any user in our sole discretion at any time.

If you are a minor, under the laws of your residing country and local laws, who visits and/or uses the Website and/or the Service, you MUST OBTAIN BEFORE-HAND the consent of your parents or guardian for your visit and use of the Website and Service with legal authorization from them. Your registration and use of your Account for the Website and Service represents and confirms that you have already obtained the legal authority from your parents or guardian for your use of the Website and/or Service, and their consent in and agreement with our storing and processing of your personal data and information you provided to us with their binding agreement to our TOS and Privacy Policy.

I. Definition

Whenever used in these TOS, the following definition shall apply:

“FPKA/Smart Campus” or “we” means the service provider of the FPKA Website, Smart Campus Consultancy Ltd. with registered office at Room B, 16/F Loyong Court Commercial Building, 212 Lockhart Road, Wan Chai, Hong Kong.

“Customer”, “User” or “you” means any entity who purchases access to the Website’s Service for purposes relating to his/her own needs.

“Account” means the Individual Credential provided to you for any of the Website service with the rights to login, access and use the Service.

“Content” means any information, data, video, media, recordings, files, graphics, materials, and similar that are posted, uploaded, and/or downloaded via your Account and Service used.

“Service” means any online or offline service provided by and ordered via the Website, no matter it is rendered by us or our partnered service provider by their means.

“Free/Trial version” of the Service if provided, as opposed to the paid version, is a time- and/or feature-limited version of the Service where you may or may not be required to create one free account within the Service for trial or use.

II. Registration and Use of the Service

You are required to create an individual Account to use the Website’s Service. The Account can be accessed only with the use of the user name and password (Login Details). You are responsible for

• maintaining the confidentiality of the Login Details and the Account;
• any use of your Account;
• applying the appropriate level of access to certain features of the Service which enable you to specify the level at which the Service restricts access to the Account, Content and the Service if required.

We also enable Users to create a free trial Account via certain third party services. We also reserve the right to reject your subscription for any reason, in particular if the Agreement has been previously terminated due to your breach of these TOS.

On registration to the Service, you choose an Account type of your chosen Service; and agree:

• that you purchase access to the Service for purposes relating directly to your own needs and use without sharing with any other entity;
• to provide, maintain, and promptly update your personal details so that they are as current, complete, and accurate as possible;
• to comply with these TOS and the Privacy Policy;
• to comply with all laws applicable to you, including local laws and laws of the origin of the Service provided related to the use of electronic means of communication, protection of personal data, and recording of communications, etc.;
• to receive commercial information about our products and services;
• to receive invoices by electronic means of communication as the official demand of payment.

Full access to the paid version of the Service is granted after you have paid for your ordered service in accordance with your order placed.
You may order and use the Service which is supported and delivered by our partnered service providers. Upon order and use of such a third-party service you agree to the exchange certain information and data (including confidential data) of yours, as well as their term of service and privacy policy separately. All and any references and links to third-party services or websites, that provided on our Website are placed for your convenience only. We do not control or endorse any materials or information that are placed on third-party websites. You acknowledge that if you use any of your Account with any third-party services (including those listed in an appropriate website tab of the Website or being a part of certain functionality of the Service) you are doing so at your own expense, risk and on your own responsibility.

From time to time we may offer access to beta/free/trial version of Service with new features, services and/or software prior to their general release (Non-charged Version). With your use of the Non-charged Version, you agree that:

• the Non-charged Version may contain bugs, errors and other defects, and the use of the Non-charged Version is at your sole risk;
• the Non-charged Version is available only for a limited time and to a limited extent and may be deactivated or modified at any time at our sole discretion;
• we do not warrant that any feature, service or software made available as a Non-charged Version will be included in the Service, and we may resign from further development of any Non-charged Version at any time at our sole discretion;
• you are solely responsible for the consequences of using the Non-charged Version, in particular but not limited to the impact it may have on the Service, its settings, collected data and other information, etc. Please remember that once we deactivate the Non-charged Version, certain processes that took place with respect to the Service, set up, collected data and other information may be irrecoverable, and we shall bear no responsibility for consequences resulting therefrom;
• at the end of the use period, the feature, service or software may be available subject to a separate or additional fee, (e.g. as a paid add-on or new pricing) or as a component of particular pricing options only.

III. Prohibited Practices

You are not allowed to use the Service in a manner that, intentionally or unintentionally,

• violates any applicable law;
• these TOS;
• any Intellectual Property rights or any other third party’s rights;
• restricts or inhibits any other person from using or enjoying the Service; or
• could expose us to harm or liability.

IV. Content

You are solely responsible for all your Content, and for all activity with respect to your Account, including any links to other websites, resources or other third-party services that you use.

We do not verify, endorse, or claim ownership of any of your Content, and you retain all rights, titles, and interest in respect of your Content, with the exception of the materials and/or information which you take from our resources and/Service and thereby resulted, in particular the collection of predesigned templates, programs and Service etc.

You are entitled to use materials that we render available to you solely to use the Service and add-ons for their intended purpose of your own. Please note that our resources may include materials which are subject to third party’s copyright. You acknowledge and agree that we have the right at any time and at our sole discretion to remove such materials from our resources and/or Service, disable access to such materials and/or demand that you immediately stop using them with no liability on our side. In aforementioned situations you will not be entitled to any reimbursement of any amount paid to us by you.

We declare that we do not monitor your activity occurring in connection with the Service except those required by the Service and information included as the Service features and/or deliverables. In the event that we become aware of any possible violations of this Agreement, TOS, or provisions of applicable law, we reserve the right to investigate such violations and may, at our sole discretion, immediately and without notice, suspend the access to the Account, terminate the Agreement, or block, change, alter, or remove Content, in whole or in part. In this case, we shall not be liable for damages incurred by the you or any third party.
We are entitled, except to the extent prohibited by applicable law, to disclose any information, including information about you, in our possession in connection with your use of the Service, to law enforcement or other government officials, as we in our sole discretion believe to be necessary or appropriate.

V. Payments

The Service is provided on a “Paid-before-use” basis. All fees for the Service shall be paid according to the order you have chosen and these TOS.
If you have chosen payment by payment card, you agree to pay the charge and/or fee as a recurring payment if it is required, per the agreed order. The amount of the recurring payment is based on the current pricing, which is presented on the Service website. You have the right to revoke your consent for the recurring payments being charged to your payment card by replacement of another payment arrangement as agreed by us for the validity of your order and Service.

We reserve the right to change the fees for the Service at any time, including changing from a free service to a paid service and charging for services that were previously offered free of charge provided that we shall provide you with 30-day prior notice and an opportunity to terminate your Account and/or Service if you do not accept the changes.

All amounts paid per order and/or order subscription under the Agreement are non-refundable. Any excess payment, which is the difference between the down payment and the amount due to us shall be credited towards future payments for the Service, save as otherwise stated in these TOS.
The Service fees do not include any additional third-party expenses incurred by you including phone call or data transmission costs charged by phone operators and/or data transmission service providers by your use of the Website and Service etc.

You are solely responsible for paying and remitting to the appropriate tax authorities all applicable taxes (withholding tax, sales tax, services tax, value-added tax (VAT), goods and services tax, etc.) or duties imposed by any government entity or collecting agency except those taxes based on our net income. In the event you fail to satisfy your tax and/or duty obligations specified herein, you will reimburse us upon demand for any taxes and/or duties paid on your behalf. In all cases, you shall pay the amounts due under this Agreement to us in full without any right of set-off or deduction.

We reserve the right to inform you via email about expiring subscription of the Service and the amount of fee that needs to be paid in order to renew the subscription if such order arrangement is made. If you do not pay the fee on time to renew the subscription, your Account will be changed to be expired (Expired Account) for a period not exceeding 90 days. This means that the Account still has your Content saved, but the functionality of the Service and its access have been suspended. If you still fail to pay the fee, it represents that you have resigned from the further subscription to the Service and the Agreement expires.

VI. Technical Requirements

Use of the Service requires one or more compatible devices, Internet access, and software, and may require obtaining updates or upgrades from time to time. Minimum hardware and software requirements for the use of the Service are specified on the Service’s website. Such requirements may be subject to change each time we or our partnered service provider decide(s) as needed if they are out of date, do not meet the latest security or market standards, or required for introduction of new functionality or technologies within the Service. It is your responsibility for using the Service with your device and environment updated and matched with the new Service requirements.

VII. Service Availability

The Service may not be available in all countries and it may be unavailable for use in any particular location.
We and our partnered service provider may, at our sole discretion and without liability, change, modify, vary, or replace the features and functionalities of the Service or any provided equipment or software used to deliver the Service provided that this does not have a material adverse effect on the Service.

We and our partnered service providers may perform scheduled or emergency maintenance (including temporary suspension of the Service if necessary) to maintain or modify the Service without previous notice given to you. However, in the event of scheduled maintenance that would last for more than one day, we shall use reasonable efforts to give you at least one day’s notice. Scheduled maintenance will be carried out with an aim of minimizing business interruption.

VIII. Customer Service and Technical Support

We provide you with Customer Support on our Service while the customer and technical support of our partnered service shall be provided by our partnered service providers.
You may address all questions or report any complaints to us by email to customersupport@fpka.at where you should provide us at least with the Account name and your full name for our handling. Any anonymous request shall not be accepted or handled. We shall ensure that our Customer Support responds as soon as possible and informs the you on the status of the case.

IX. Data Protection

Detailed information regarding personal data protection and privacy is specified in our Privacy Policy, which constitutes an integral part of these TOS. You are solely responsible for your Content provided to us, and your knowledge on the privacy policy of our partnered service providers supporting and/or providing the Service you use separately from ours.

X. Intellectual Property

The Service, software, hardware, and all content included on our Website, such as text, graphics, logos, button icons, images, audio and video clips, product and brand names, are the property of us or its content suppliers, and are protected by respective Intellectual Property laws.

FPK Academy, fpka.at (and other derivative domains) are trademarks and domains under our title. You shall not use these trademarks in conjunction with other companies’ products or services in any manner, or in any manner that discredits us and/or our products and services.
Except as expressly allowed within the Service features, it is prohibited to delete, cover, change, or make impossible to read any trademark, copyright, or other proprietary notices associated within the Service software, application, the results of using that software, or in any content presented on the Service website. It is prohibited to remove or change the FPKA and/or our partnered service provider’s logo from video files, images and document created using the Service.

Certain Service features may require downloading and installing our partnered service provider’s application. You shall use such an application in accordance with our TOS and especially the Terms of Service of the partnered service provider. You may use such application only in connection with the use of the Service and cannot use the application for any other purpose and in any other manner than as intended by us and our partnered service provider.

We welcome suggestions, ideas, comments, and/or feedback regarding our Services and/or the Websites, especially for the Non-charged Version (Feedback). All Feedback provided to us shall be non-confidential and used legally on an unrestricted basis by us such that:

(i) upon submission to us, we acquire all rights to all Feedback, without any compensation or prior consent of any entity;
(ii) we may freely and irrevocably use, disclose, reproduce, license, sublicense, distribute and otherwise commercially use the Feedback for any purpose without any territorial or time limitations, without royalty;
(iii) we has no obligation to review or consider any submissions that include Feedback;
(iv) we has no obligation to keep any submissions and/or Feedback confidential; and
(v) it is not allowed to submit any Feedback to us that you have any doubt or reason to believe is subject to any patent, copyright, or other intellectual property claim or rights of any third party; or that is subject to license terms that seek to require any of our or our partnered service provider’s product incorporating or derived from any Feedback, or other of our or our partnered service provider’s intellectual property, to be licensed to or otherwise shared with any third party.

XI. Disclaimer and Limitation of Liabilities

THE SERVICE AND THE WEBSITE ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WE DISCLAIMS ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE. WE ASSUMES NO RESPONSIBILITY FOR THE DELETION OF OR FAILURE TO STORE OR DELIVER THE CONTENT.

There is no control by us over, and we deny any responsibility for, the Content, accuracy, or quality of the Content and other information and/or data passing through its network or the Service provided, as well as for any messages received or transactions entered into through the Service.

To the greatest extent permitted by law neither we nor our agents, employees, directors, officers, or suppliers shall be liable for any direct, indirect, special, incidental, or consequential loss or damage (even if we have been advised of the possibility of such a loss) including, but not limited to, loss of business revenue, loss of profits, loss of data, damage to reputation, failure to realize expected profits or personal gain of any kind, pure financial loss or other commercial or economic loss, or for any claim against us by you and/or any third party resulting from or arising in any connection with the use, misuse, or inability to use the Service or from unauthorized access, alteration of transmission or Content.

Our entire liability towards you and/or any third party shall in no event exceed the amount paid by you for the Service which is the subject of the claim in six months immediately preceding the date on which you notify us of such a claim, in respect of all claims under or related to the Services provided by us to you.

The limitations, exclusions, and disclaimers in this Agreement shall apply irrespective of the nature of the cause of action, demand, or claim by you or a third party, including, without limitation, breach of contract, negligence, tort, strict liability, or any other legal theory and shall survive a fundamental breach of this Agreement.

We are not responsible for, as example:

• any delay or failure in performance due to Force Majeure (the Force Majeure shall be deemed as an exceptional occurrence, caused by an external factor which cannot be foreseen, which could not be prevented and/or which is beyond our control. These include but not limited to: war, natural disasters, strikes, breakdowns, distributed denial of service (DDoS) attacks or other disruptions in telecommunication networks or data communication infrastructure, emergency government action and administrative measures, change of the applicable law, or activities of entities that affect the provision of the Service and whose activity is independent of us, etc.);
• actions and omissions of third parties (including you and any related third party), especially use of the Account by the third parties taking the advantage of Login Details obtained from you or in other circumstances beyond our reasonable control;
• failure of external conditions and networks which are necessary for use of the Service and are beyond our reasonable control;
• incorrect or false data provided by you during the registration process, etc.

You agree unconditionally to indemnify and hold us and our officers, directors, employees, agents and partnered service providers harmless from and against all claims, proceedings, liabilities, actions, damages, and costs (including reasonable attorney fees) arising from or related to

(i) the misuse of the Service or any part of it by you or any other persons for whom you are responsible;
(ii) violation of these TOS or applicable laws by you and/or a person accessing the Account;
(iii) your Content and activity.

XII. Term and Termination, Account Cancellation and Subscription Freezing

The term of this Agreement commences on the date of your visit of the Website, registration of Account or order of the Service whichever earlier. Unless terminated earlier in accordance with the provisions of these TOS, the Agreement shall continue for the term resulting from your Account registration or order placement and automatically renew for consecutive terms.

You may suspend (freeze), by sending email request to customersupport@fpka.at, your Account subscription for a maximum period of 90 (ninety) days (but not beyond the expiration date of your payment card) starting from the first day of the next subscription order period for which the fees have yet not been charged (i.e. if you have paid your subscription order for another 15 days, the “frozen” status will commence from day 16). During the suspension period:

• We shall not charge any fees for providing the Service;
• all Content, email messages, recordings, statistics, the your data will be retained within the Service;
• your unique Account Details will be retained.

You can unfreeze your Account by sending email request to customersupport@fpka.at. The Account will be automatically terminated 90 days after suspension unless the you do so personally earlier. The fees shall be charged upon the resumption of the Account in accordance with the previously chosen order subscription. If you do not unfreeze and pay for the Account during the above term or it proves impossible to charge the applicable fees, your Account will be changed to Expired Account with all the consequences connected with such change.

You may cancel your Service subscription at any time, and you will continue to have access to the Service through the end of your order subscription period without any refund. Your Account will be automatically closed at the end of that period. Account closure is considered as the Agreement expiration. To cancel, please send your email request to customersupport@fpka.at for our processing. The cancellation process is completed once an email confirmation is sent to you.

Upon Agreement termination (irrespective of the basis of and reasons for the termination) or expiration, you shall lose access to the Account and all the Content and data stored within the Account. You are entitled to send your email request to customersupport@fpka.at to resume the Account within a period of 90 days from the date on which the Account was closed, the Service (Agreement) was terminated or its term expired by paying an account re-activation fee (e.g. HK$300.00 which is subject to change without prior notice). The Account will be resumed after our receipt of the required fee with an email confirmation sent to you. We reserves the right to refuse Account resumption without stating any reasons (particularly if we have previously terminated the Agreement or suspended the Service). In the event that the Account is not resumed during the above 90 days periods, the Account and all data stored within the Account (including Content, email messages and statistics, recordings, and other data) will be permanently deleted.

We reserve the right to terminate the Agreement or suspend the Service with immediate effect and to refuse any and all current or future use of the Service in the event that we are ordered to do so by any court or other public authority or if you violate material obligations resulting from these TOS or applicable legal provisions.

Unless otherwise provided in the binding provisions of law or these TOS, you shall not be entitled to any partial or total reimbursement or cancellation of any fees or payments already paid or which are due in accordance with Section V of these TOS. You are also required to pay all fees that accrue until the termination or expiration date.

We reserve the right to terminate the Agreement at any time without cause, with immediate effect, without incurring any liability in this respect, except that we will refund a pro-rata portion of any prepaid amounts for the subscription order to the Service.

XIII. Provisions

If any provision of these TOS is held invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable.

We reserves the right to change these TOS at any time by posting the revised document on the Website and/or by sending an email to the last provided email address of your Content. These TOS shall be effective immediately with respect to any continued or new use of the Service, unless you terminate these TOS within 10 (ten) days. The most current version of the TOS shall be available at any time on the Website.

We may assign our rights and delegate our obligations in whole or in part to an affiliate, subcontractor or service provider without the need of your consent. Other than the above, neither party may assign or delegate this Agreement without the other party’s prior consent.

XIV. Laws of Governance

These TOS shall be interpreted and construed in accordance with, and governed by, the laws of The Hong Kong Special Administrative Region, China excluding any such laws that might direct the application of the laws of another jurisdiction.

XV. Courts of Jurisdiction

The parties hereto unanimously agree that any dispute arising from or related to the Agreement shall be submitted to the jurisdiction of the courts in The Hong Kong Special Administrative Region, China.

This version of TOS (TOS-20201001) is valid from October 1, 2020.