Terms of Service

1. INTRODUCTION AND ACCEPTANCE

Welcome to the website of UNIKEY Academy Limited (company registration number: 70801579) ("UNIKEY Academy", "we", "us", or "our"). These Terms of Service ("Terms") govern your access to and use of our website (unikeyacademy.com) and any information, content, or materials provided through the website.

By accessing or using our website, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our website.

2. DEFINITIONS

For the purposes of these Terms:

"Content" means all information, text, images, graphics, logos, videos, software, and other materials available on the website.

"Services" means the professional education consultancy services provided by UNIKEY Academy to enrolled students pursuant to a separate enrolment agreement.

"User", "you", or "your" refers to any person who accesses or uses the website.

"Website" refers to unikeyacademy.com and all associated webpages, subdomains, and mobile applications.

3. GOVERNING LAW AND JURISDICTION

3.1 Governing Law

These Terms and any disputes arising out of or in connection with your use of the website shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region ("Hong Kong"), without regard to its conflict of law provisions.

3.2 Dispute Resolution

Any dispute, controversy, difference, or claim arising out of or relating to these Terms, including the existence, validity, interpretation, performance, breach, or termination thereof, or any dispute regarding non-contractual obligations arising out of or relating to these Terms, shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre ("HKIAC") under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted.

The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English. The law of the arbitration clause shall be Hong Kong law.

The decision of the arbitrator shall be final and binding upon the parties, and judgment upon the award may be entered in any court having jurisdiction.

Notwithstanding the above, we reserve the right to seek injunctive or other equitable relief in any court of competent jurisdiction to protect our intellectual property rights or confidential information.

4. WEBSITE USE AND RESTRICTIONS

4.1 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the website for your personal, non-commercial purposes only.

4.2 Prohibited Activities

You agree not to:

• Use the website for any unlawful purpose or in violation of any applicable laws or regulations
• Reproduce, distribute, modify, display, perform, publish, license, create derivative works from, or exploit any Content without our prior written consent
• Use any automated system (including robots, spiders, or scrapers) to access or extract data from the website
• Attempt to gain unauthorised access to the website, server, or any connected systems or networks
• Interfere with or disrupt the operation of the website or servers
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity
• Upload, post, or transmit any viruses, malware, or harmful code
• Collect or harvest personal information of other users
• Use the website to send unsolicited marketing communications or spam
• Remove, obscure, or alter any copyright, trademark, or other proprietary notices on the website
• Frame or mirror any part of the website without our prior written consent

4.3 Account Registration

Certain areas of the website may require registration or account creation. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorised use of your account.

5. INFORMATION AND CONTENT DISCLAIMER

5.1 General Information Only

The information, content, and materials provided on this website are for general informational and educational purposes only. They are not intended to constitute professional education consultancy services, advice, or recommendations.

Nothing on this website purports to offer professional consultancy services unless and until you have formally enrolled with UNIKEY Academy and entered into a separate enrolment agreement. Until such enrolment:

• No advisory, consultancy, or professional relationship exists between you and UNIKEY Academy
• You should not rely on any information on the website as a substitute for professional advice tailored to your specific circumstances
• All information is provided "as is" without any warranties or guarantees

5.2 No Professional Advice

The Content on this website does not constitute, and should not be construed as:

• Professional education consultancy or counselling
• Academic or career advice specific to your individual situation
• Recommendations regarding specific educational institutions, programmes, or courses
• Guarantees or promises regarding admission to educational institutions
• Legal, financial, or immigration advice

5.3 Duty of Due Diligence

You acknowledge and agree that:

• It is your responsibility to conduct your own due diligence and research before making any decisions based on information found on this website
• You should independently verify any information obtained from the website
• You should seek professional advice from qualified advisors relevant to your specific circumstances
• We are not liable for any decisions you make based solely on information provided on the website

5.4 No Guarantee of Results

We make no representations, warranties, or guarantees regarding:

• Your acceptance or admission to any educational institution
• Your success in any educational programme or application process
• The accuracy, completeness, currency, or reliability of any information on the website
• The suitability of any educational institution, programme, or opportunity for your specific needs

6. PROFESSIONAL SERVICES AND ENROLMENT

6.1 Separate Enrolment Agreement Required

Professional education consultancy services are provided only to students who have formally enrolled with UNIKEY Academy by completing and signing an enrolment agreement.

The specific terms and conditions applicable to our professional consultancy services, including:

• Scope of services
• Fees and payment terms
• Deliverables and timelines
• Service limitations and exclusions
• Refund and cancellation policies
• Additional rights and obligations

will be set out in the enrolment agreement that you sign upon enrolling with us.

6.2 Website Does Not Create Service Relationship

Your use of the website, submission of enquiry forms, or any other interaction with us through the website does not:

• Create a consultancy or advisory relationship
• Obligate us to provide any services to you
• Constitute acceptance of any offer or agreement
• Entitle you to any services unless you have completed the enrolment process

7. INTELLECTUAL PROPERTY RIGHTS

7.1 Ownership

All Content on the website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, designs, and the overall "look and feel" of the website, is the exclusive property of UNIKEY Academy Limited or its licensors and is protected by Hong Kong and international intellectual property laws, including copyright, trademark, patent, and trade secret laws.

UNIKEY Academy Limited owns all rights, title, and interest in and to:

• The UNIKEY Academy name, logo, and all related trademarks, service marks, and trade names
• All proprietary methodologies, frameworks, and materials used in our services
• All written materials, presentations, reports, and documents created by us
• The website design, structure, navigation, and functionality

7.2 Trademarks

"UNIKEY Academy" and related logos and marks are registered and/or unregistered trademarks of UNIKEY Academy Limited in Hong Kong and other jurisdictions. You may not use these trademarks without our prior written consent.

7.3 Restrictions on Use

Except as expressly permitted in these Terms, you may not:

• Copy, reproduce, republish, upload, post, transmit, distribute, or modify any Content
• Use any Content for commercial purposes without our written permission
• Remove or alter any copyright, trademark, or other proprietary notices
• Reverse engineer, decompile, or disassemble any software or technology used on the website

7.4 Limited Permission

You may print or download Content from the website for your personal, non-commercial use only, provided that you:

• Retain all copyright and proprietary notices
• Do not modify or alter the Content
• Do not redistribute or make the Content available to third parties

7.5 User-Generated Content

If you submit any content, feedback, suggestions, or ideas to us (collectively, "User Content"), you grant us a worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content for any purpose without compensation to you.

You represent and warrant that you own or have the necessary rights to submit such User Content and that it does not infringe any third-party rights.

8. THIRD-PARTY LINKS AND CONTENT

Our website may contain links to third-party websites, resources, or services that are not owned or controlled by UNIKEY Academy. We provide these links for your convenience only.

We do not endorse, recommend, or assume any responsibility for:

• The content, accuracy, or reliability of third-party websites
• The privacy practices or terms of use of third-party websites
• Any products, services, or information offered by third parties
• Any loss or damage arising from your use of third-party websites

You access third-party websites at your own risk and should review their terms and privacy policies.

9. DISCLAIMERS AND LIMITATIONS OF LIABILITY

9.1 Website Provided "As Is"

THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties regarding the accuracy, completeness, reliability, or timeliness of Content
• Warranties that the website will be uninterrupted, secure, or error-free
• Warranties that defects will be corrected or that the website is free of viruses or harmful components

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY HONG KONG LAW:

WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH:

• Your use of or inability to use the website
• Any Content or information obtained from the website
• Any errors, omissions, interruptions, or delays in the website
• Any decisions or actions taken based on information from the website
• Unauthorised access to or alteration of your data
• Any viruses, malware, or harmful code transmitted through the website
• Any third-party content, links, or services

This includes, without limitation:

• Loss of profits, revenue, business, or anticipated savings
• Loss of data or information
• Loss of opportunity or goodwill
• Damage to reputation
• Any other economic loss

WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.3 Aggregate Liability Cap

In no event shall our total aggregate liability to you for all claims arising out of or relating to these Terms or your use of the website exceed HK$1,000 (one thousand Hong Kong Dollars).

9.4 Exceptions

Nothing in these Terms shall exclude or limit our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any other liability that cannot be excluded or limited under Hong Kong law

9.5 Application

The disclaimers and limitations in this Section 9 apply to the fullest extent permitted by law and shall survive termination of these Terms.

10. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless UNIKEY Academy Limited, its directors, officers, employees, agents, affiliates, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses (including reasonable legal fees), arising out of or relating to:

• Your use or misuse of the website
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Your infringement of any third-party rights, including intellectual property rights
• Any User Content you submit
• Any false or misleading information you provide

We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defence of such claim.

11. PRIVACY AND DATA PROTECTION

Your use of the website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal data.

By using the website, you consent to the collection and use of your information in accordance with our Privacy Policy and the Personal Data (Privacy) Ordinance of Hong Kong.

12. CHANGES TO THE WEBSITE AND TERMS

12.1 Changes to Website

We reserve the right, at our sole discretion, to:

• Modify, suspend, or discontinue the website (or any part thereof) at any time
• Update or change any Content on the website
• Impose limits on certain features or restrict access to parts or all of the website

We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the website.

12.2 Changes to Terms

We may update or revise these Terms from time to time at our sole discretion. Any changes will be effective immediately upon posting the revised Terms on the website with an updated "Last Updated" date.

Your continued use of the website following the posting of revised Terms constitutes your acceptance of such changes. We encourage you to review these Terms periodically.

If you do not agree to any changes, you must immediately stop using the website.

13. TERMINATION

13.1 Termination by You

You may stop using the website at any time. If you have an account, you may request account closure by contacting us.

13.2 Termination by Us

We reserve the right, at our sole discretion, to:

• Suspend or terminate your access to the website at any time, with or without notice
• Remove or disable any Content or User Content
• Take any action we deem necessary to protect our rights or the rights of others

Grounds for termination may include, but are not limited to:

• Violation of these Terms
• Engaging in fraudulent, abusive, or illegal activities
• Providing false or misleading information
• Any conduct that we believe is harmful to us, other users, or third parties

13.3 Effect of Termination

Upon termination:

• Your right to access and use the website will immediately cease
• All provisions of these Terms that by their nature should survive termination shall survive, including intellectual property rights, disclaimers, limitations of liability, indemnification, and dispute resolution provisions

14. FORCE MAJEURE

We shall not be liable for any failure or delay in performing our obligations under these Terms (including providing access to the website) if such failure or delay is caused by events beyond our reasonable control, including but not limited to:

• Acts of God, natural disasters (earthquakes, floods, typhoons, fires, epidemics, pandemics)
• War, terrorism, civil unrest, riots, insurrection
• Government actions, laws, regulations, orders, or embargoes
• Labour disputes, strikes, or lockouts
• Telecommunications or internet failures
• Power outages or failure of utilities
• Cyberattacks, hacking, or denial-of-service attacks
• Failures of third-party service providers

During the period of such force majeure event, our obligations shall be suspended, and we shall not be in breach of these Terms. We will use reasonable efforts to resume performance as soon as practicable.

15. GENERAL PROVISIONS

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any enrolment agreement (if applicable), constitute the entire agreement between you and UNIKEY Academy regarding your use of the website and supersede all prior or contemporaneous communications, agreements, and understandings, whether written or oral.

15.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable. If modification is not possible, the provision shall be severed, and the remaining provisions shall continue in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by us.

15.4 Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent. We may assign or transfer these Terms at any time without notice to you.

15.5 No Agency

Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and UNIKEY Academy. You have no authority to bind us or make commitments on our behalf.

15.6 Third-Party Rights

These Terms are for the benefit of you and UNIKEY Academy only. No third party shall have any right to enforce any provision of these Terms.

15.7 Headings

The headings and section titles in these Terms are for convenience only and have no legal or contractual effect.

15.8 Language

These Terms are provided in English. In the event of any inconsistency or conflict between the English version and any translation, the English version shall prevail.

16. SPECIFIC DISCLAIMERS FOR EDUCATION CONSULTANCY

16.1 No Guarantee of Admission

We do not guarantee admission, acceptance, or enrolment to any educational institution, programme, or course. Admission decisions are made solely by the respective educational institutions based on their own criteria and processes.

16.2 Information Accuracy

While we strive to provide accurate and up-to-date information about educational institutions and programmes, such information:

• May change without notice
• Should be independently verified by you
• Is provided for reference purposes only
• May not reflect the most current admission requirements, fees, or policies

16.3 Third-Party Institutions

We are an independent consultancy and are not affiliated with, endorsed by, or representing any educational institution unless expressly stated. We do not act as agents of educational institutions.

16.4 Student Responsibility

Success in educational applications and programmes depends on many factors, including your academic qualifications, personal circumstances, efforts, and decisions. You are solely responsible for:

• Meeting application deadlines and requirements
• Providing accurate and complete information in applications
• Making final decisions regarding educational choices
• Complying with visa, immigration, and other legal requirements
• Payment of tuition fees and other costs to educational institutions

17. COMPLAINTS AND FEEDBACK

If you have any complaints, concerns, or feedback regarding our website or services, please contact us using the details below. We will investigate and respond to your concerns in a timely manner.

18. CONTACT INFORMATION

If you have any questions about these Terms, please contact us:

19. ACKNOWLEDGMENT

BY USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THIS WEBSITE.