FoundFast
Terms and Conditions
PLEASE READ THESE TERMS CAREFULLY, AS THEY APPLY TO YOUR APPLICATION AND PARTICIPATION IN THE FOUNDFAST EVENT (AS DEFINED BELOW). BY SUBMITTING YOUR APPLICATION (AS DEFINED BELOW), YOU ACCEPT THESE TERMS AND AGREE TO BE BOUND BY THEM.
www.foundfast.io (the “Platform”) is a platform of FoundFast Limited established under the laws of Hong Kong SAR (“FoundFast Limited”, “FF”,“we”, “us” etc.).
Throughout the year, we organise a series of events such as the FoundFast Contest (as defined below), 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 FoundFast ecosystem (the “FoundFast Events”).
These Terms are incorporated into the FoundFast Limited 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.
1. Definitions
Capitalised terms used in these Terms shall have the following meanings:
“Cash Prize”
means a cash prize of up to HK$10,000, to be divided amongst the Winners at the sole discretion of FoundFast Limited;
“Contestant”
means a Concept that has been accepted and registered by FoundFast Limited for participation in the FoundFast Contest in order to compete to receive the Cash Prize;
“Final Event”
means the semi-pitch event done online with FoundFast Limited and other venture capitalists, and the final pitch event to be held in Hong Kong that is organised by FoundFast Limited, in which:
the Contestants shortlisted in the Semi-Pitch Event shall go through a due diligence process as required by FoundFast Limited; and
the same Contestants shall present their final pitch of their business to FoundFast Limited and other guest Judges, and the relevant Judges shall select the Winners for the Cash Prize;
“IP Rights”
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, 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;
“Judges”
means the individuals selected by FoundFast Limited to consider the business pitches presented by the Contestants, and provide feedback to the Contestants;
“FoundFast Content”
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 FoundFast Event(s) and were created by or on behalf of FoundFast Limited, or which are made available on or through the Platform;
“FoundFast Contest”
means the pitch competition organised by FoundFast Limited for start-up businesses to compete in order for the Winners to receive the Cash Prize, and any related press conferences, promotional events or workshops;
“FoundFast Events”
means a series of Events organised by FoundFast, including the FoundFast 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 FoundFast ecosystem;
“PICS”
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.foundfast.io/pics;
“Premises”
means the premises at which the Final Event, and any press conferences, promotional events or workshops related to the FoundFast Events are held;
“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;
“Winners”
means the final Contestants selected as winners by the Judges in the Final Event;
“you” or “your”
means you, the person who is using the Platform and/or applying to register for the FoundFast Event; and
“Your Application”
means the application form submitted by you via the Platform, for participation in the FoundFast Events as a Contestant;
“Your Content”
has the meaning given in Clause 8.
2. The FoundFast Events
i. The FoundFast Events are organised and hosted by FoundFast. By submitting Your Application and/or participating in the FOUNDFAST Event, you agree to be bound by and accept these Terms. If you do not agree to these Terms, then you must not submit Your Application or participate in the FOUNDFAST Event.
ii. FoundFast Limited shall specify the rules and procedure in relation to the FOUNDFAST Contest and/or the FOUNDFAST Events and how they shall be conducted. The current rules and procedure can be found on the Platform. FoundFast Limited 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 Platform. Your continued participation in the FOUNDFAST Events and/or failure to withdraw Your Application after the amended rules and procedures are posted on the Platform 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 FoundFast Events pursuant to Clause 6.1.
iii. Each Winner shall be entitled to receive an allocation from the Cash Prize, which shall be provided by FoundFast Limited. You understand and agree that the exact amount of the Cash Prize to be allocated to each Winner shall be determined by FoundFast Limited in its sole and final discretion.
iv. You understand and agree that FoundFast Limited does not provide any guarantees, undertakings or warranties in relation to your chances of becoming one of the Winners.
v. FoundFast Limited shall have the absolute discretion to make any decisions in relation to the FoundFast Event, and its decisions shall be final and binding.
vi. You acknowledge and agree that FoundFast Limited, at its sole discretion shall have the right to record the FoundFast Events (in any format), and broadcast, stream or transmit the FoundFast Events 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 FoundFast Events (including the Final Event), 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 FoundFast Limited as FoundFast Content, pursuant to Clause 10. You shall not be entitled to any part of the compensation received by FoundFast Limited from the public, or any distribution, broadcasting or licensing revenue received by FoundFast Limited.
vii. All costs and expenses incurred by you in relation to Your Application and/or your participation in the FoundFast Events shall be borne solely by you.
a. you have submitted Your Application with all the mandatory information completed and Your Application is accepted by FoundFast Limited;
b. you are based in the locations that the FoundFast Contest is operated in;
c. you are able to work you have an innovative product or service in your business; and
iv. If you wish to participate in the FoundFast Contest as a Contestant, then you must submit Your Application via the relevant registration page on the Platform, and any supporting documents/information requested by FoundFast Limited from time to time. Your Application must be submitted on or before the relevant application deadline stated on the Platform in order to be taken into account by FoundFast Limited.
v. FoundFast has the sole discretion to determine whether or not to accept or reject Your Application, for any reason whatsoever, with no liability to you.
vi. 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 any information or materials provided by you to FoundFast Limited are no longer complete, up-to-date or accurate, you shall promptly notify us in writing at pics@foundfast.io
4. Cancellation by You
In the event of cancellation by you, written notification must be sent by email to support@foundfast.io 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.
5. Event Program and Cacellation by Us
The FoundFast Event(s) are subject to change. We may change or cancel the FoudFast Event(s) at any time and may deny, limit or cancel a verification for the Event (including a confirmed verification) at any time with or without reason. 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 Event, or any changes to or cancellations of the Event (in whole or in part).
6. Code of Conduct
You agree to behave in such a way as to create a safe, supportive environment while at the FoundFast 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 FoundFast 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 FoundFast 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:
ii. not engage in any activity that interferes with, disrupts or adversely affects the FoundFast Event(s) or other Contestants’ participation in the FoundFast Event(s);
iii. not engage in any harassing, disruptive, offensive, abusive, threatening, indecent, defamatory, obscene, dishonest, discriminatory, immoral or menacing behaviour;
iv. not make any statements, comments or issue any materials that are
derogatory, defamatory or adverse to the reputation of any member of
FoundFast Limited or the FoundFast Event(s);
v. comply at all times with any requirements or restrictions related to your access to the Premises, and all rules and procedures issued by FoundFast Limited in relation to the FoundFast Event(s);
vi. not copy, modify, reproduce, download, re-publish, sell, distribute or create derivative works from any FoundFast Content (in whole or in part);
vii. 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 Platform;
viii. 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 FoundFast Limited or any third parties; and
ix. use the Platform and any FoundFast Content only for purposes that are expressly permitted by these Terms.
7. Information About You
8. License to Use Items
In consideration of the opportunity to participate in the FoundFast Event(s), you grant FoundFast Limited 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 FoundFast Content, translate, transmit and disseminate the following (“Your Content”):
ii. any photographs, images, videos, audio and/or sound recordings, that FoundFast Limited or its service providers make, create, live stream, broadcast or record of you, your employees and/or representatives in connection with the FoundFast Event(s),
iii. in any form, media or technology whatsoever, for the purposes of administering, organising, providing, hosting, fulfilling, promoting, marketing, advertising and/or showcasing the FoundFast Event(s), 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 FoundFast Limited 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. FoundFast Limited 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.
9. Confidentiality
i. You understand and agree that Your Content is not confidential and may be disseminated and disclosed by FoundFast Limited 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 FoundFast Event(s) or view any promotional or marketing materials).
ii. FoundFast Limited 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 FoundFast Limited, as this will be subject to Clause 8.
iii. For the avoidance of doubt, this Clause 9 is without prejudice to the PICS.
10. FoundFast Limited’s IP Rights
i. You acknowledge and agree that as between you and FoundFast Limited, all rights, title, interest and IP Rights in relation to the FoundFast Event(s), the FoundFast Content and the Platform are owned by FoundFast Limited or its third party licensors.
ii. You have no rights, title or interest in relation to the FoundFast Event(s), the Platform or the FoundFast Content (excluding Your Content).
iii. You shall not use any trade mark, service mark, trade name, logo or any other IP Rights of any member of FoundFast Limited, 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.
i. You acknowledge and agree that FoundFast Limited 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. FoundFast Limited does not endorse, verify or otherwise certify any Third Party Material, including any that may be incorporated in the FoundFast Content.
ii. The Platform may include hyperlinks to other websites, content or resources, which are hosted, offered or provided by third parties unrelated to FoundFast Limited. You understand and agree that:
iii. FoundFast Limited has no control over, does not monitor and does not endorse such third party websites, content, or resources; and
iv. FoundFast Limited makes no guarantee or warranty, and is not responsible for any such external websites, content or resources (or any products, goods or services promoted, referred to or offered on such external sits or resources).
12. Assumption of Risk
You acknowledge and agree that your attendance and participation in the FoundFast Event(s) is voluntary and at your sole risk, and FoundFast Limited disclaims any and all liability in relation to your attendance and participation in the FoundFast Event(s) or your attendance at the Premises, to the fullest extent permitted by applicable law.
13. Disclaimers
i. The FoundFast Content are for your general reference only, and are not intended to amount to any advice on which you should rely.
iv. Without prejudice to the generality of Clause 11.3 above, FoundFast Limited makes no representations or warranties:
a. As to the accuracy, quality, completeness, currentness, adequacy, reliability or validity of the FoundFast Content;
c. That your use of the platform or the FoundFast Content will be uninterrupted, timely, secure or error-free; or
d. That defects, deficiencies or errors in the platform, the FoundFast Content or the FoundFast Events will be corrected.
i. Nothing in these Terms, shall exclude or restrict any warranty or liability for death or personal injury caused by FoundFast’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 FoundFast’s liability will be limited to the maximum extent permitted by the applicable law.
iii. Without prejudice to Clause 12 or the generality of Clause 13.2, FoundFast Limited shall not:
a. 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 FoundFast Events, the Platform, the FoundFast content or the Premises; or
b. Be liable for any changes or amendments to or cancellation of the FoundFast Events (in whole or in part)
15. 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.
16. Severability
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.
17. Entire Agreement
These Terms contain the entire agreement between you and FoundFast in respect of its subject matter.
18. Waiver
A failure or delay by FoundFast 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 FoundFast 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 us. We may transfer our rights or obligations to any third party without your consent.
20. Assumption of Risk
You acknowledge and agree that your attendance and participation in the FoundFast Event(s) is voluntary. You agree to assume the risks associated with attending and participating in the FoundFast Event(s) to the fullest extent permitted under applicable law.
21. 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.
22. 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.
23. Contact Us
You may write to us at help@foundfast.io for any privacy concerns and requests relating to these Terms, Disclaimers, the Privacy Policy, or our Platform and Services.
