Terms and Conditions for Get Set Goal

Last updated date: 24th February

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE AND/OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR VIA THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REIGSTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE AND/OR SERVICES.

Modification:
Get Set Goal reserves the right to, at its sole discretion, modify the Site or these Terms at any time without prior notice and consent. If Get Set Goal modifies these Terms, it will post the modification via the Site or otherwise provide you with notice of the modification. Get Set Goal will also update the “Last updated date” at the top of these Terms. By continuing to access or use the Site and/or Services after Get Set Goal has posted a modification via the Site or has provided you with notice of modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and the Services.

 

1. DEFINITION AND INTERPRETATION

1.1 In these Terms, the following definitions and rules of interpretation apply unless otherwise defined or the context requires otherwise:

  1. Backer means any Member who Pledges in favour of a Project via the Site and agrees to make payment for products and/or services offered by such Project, and Backers shall be construed accordingly;
  2. Collective Content means, collectively, Member Content and GSG Content;
  3. Content means text, graphics, images, music, software (excluding the Site), audio, video, information and other materials;
  4. Creator means a Member who creates and submits a Proposal via the Site, and Creators shall be construed accordingly;
  5. Creator Agreement means the agreement to be entered into between Get Set Goal and each Creator respectively prior to the publishing of his Project(s) on the Site, and Creator Agreements shall be construed accordingly;
  6. Criteria is as defined under clause 3.1 of these Terms;
  7. Deadline means the last date of which a Project is available for backing by the Backers to become a Funded Project;
  8. Delivery Charges is as defined under clause 7.2(ii) of these Terms;
  9. Funded Project means any Project of which the aggregated Pledged Amount (excluding any refunded or will be refunded amount) has reached the Fundraising Target as at the Deadline, and Successfully Funded shall be construed accordingly;
  10. Fundraising Target means the minimum aggregated Pledged Amount (excluding any refunded or will be refunded amount) to be reached as at the Deadline for each Project respectively to become a Funded Project;
  11. Get Set Goal is as defined under clause 2.1 of these Terms;
  12. GSG Account is as defined under clause 5.1 of these Terms;
  13. GSG Content means all Content that Get Set Goal makes available through the Site, including any Content licensed from a third party, but excluding Member Content;
  14. Hong Kong means Hong Kong Special Administrative Region of the People's Republic of China;
  15. Member means any person who completes the Registration Process of GSG Account, as further detailed in clause 5 of these Terms, and Members shall be construed accordingly;
  16. Member Content means all Content that any Member posts, uploads, publishes, submits, transmits to the Site, or otherwise includes in his Proposal(s), Project(s), Pledge(s) and/or Member profile to be made available through the Site;
  17. Mentor means any person appointed by Get Set Goal to offer advice(s) to any Creator;
  18. Payment Charges means all fees, administration fees, charges and expenses arising out of or in connection with any refund, remittance or otherwise dealing of/with the Pledged Amount and/or Delivery Charges (as applicable) by Get Set Goal (or its nominee) to any and/or all Backers pursuant to these Terms;
  19. Pledge is as defined under clause 7.1 of these Terms;
  20. Pledged Amount is as defined under clause 7.1 of these Terms;
  21. Privacy Policy means the privacy policy of Get Set Goal available at www.get-set-goal.com/privacy.php, as updated by Get Set Goal from time to time;
  22. Project means any project initiated and created by a Creator and posted on the Site by Get Set Goal, and Projects shall be construed accordingly;
  23. Proposal means a proposal created and submitted to the Site by a Creator for Get Set Goal’s approval;
  24. Registration Process is as defined under clause 5.1 of these Terms;
  25. Services is as defined under clause 2.2 of these Terms;
  26. Site refers to the website located at www.get-set-goal.com; and
  27. Terms means these terms and conditions (including the Privacy Policy), as updated by Get Set Goal from time to time.



1.2 Headings are for convenience only and do not affect interpretation.

1.3 A reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them.

1.4 Words importing one gender shall be treated as importing any gender, words importing individuals shall be treated as importing persons and vice versa, words importing the singular shall be treated as importing the plural and vice versa, and words importing the whole shall be treated as including a reference to any part thereof.

 

 

2. TERMS OF SERVICES

2.1 Your contracting partner in relation to the use of the Site and the Services is Get Set Goal Company Limited (hereinafter referred to as Get Set Goal), a private limited liability company incorporated and having its registered office in Hong Kong.

2.2 Get Set Goal provides an online platform service (the Services) that facilitates Creators to run campaigns to fund Projects through the Site by offering products and/or services to Backers. By using the Site and/or the Services, you agree to comply with and be legally bound by these Terms, whether or not you become a Member of the Site. These Terms govern your access to and use of the Site, the Services and/or the Collective Content, and constitute a binding legal agreement between you and Get Set Goal. Please also read carefully the Privacy Policy. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site and the Services. Failure to use the Site and/or the Services in accordance with these Terms may subject you to civil and criminal penalties.

2.3 THE SITE COMPRISES AN ONLINE FUNDRAISING PLATFORM THROUGH WHICH MEMBERS MAY MAKE PAYMENTS TO OTHER MEMBERS TO FUND CERTAIN PROJECTS FOR PRODUCTS AND/OR SERVICES. YOU UNDERSTAND AND AGREE THAT GET SET GOAL IS NOT A PARTY TO ANY AGREEMENT ENTERED INTO BETWEEN YOU AND OTHER MEMBER(S). GET SET GOAL DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

 

3. ELIGIBILITY OF CREATOR

3.1 While Get Set Goal does not impose any age restriction to any person who registers to become a Member, the Site and the Services are intended solely for Members (when acting as Creators) who are 18 years old or above (the Criteria).

3.2 Any access to or use of the Site and/or the Services by any Member (when acting as a Creator) who does not meet the Criteria is expressly prohibited. By accessing and using the Site and/or the Services as a Creator, you represent and warrant that you have met the Criteria. FOR AVOIDANCE OF DOUBT, GET SET GOAL SHALL NOT HAVE ANY OBLIGATION TO FIND OUT WHETHER OR NOT YOU HAVE MET THE CRITERIA.

 

 

4. HOW THE SITE WORKS

4.1 Registration for a GSG Account is free of charge. However, each Creator understands and agrees that Get Set Goal is entitled to a fee payable by the Creator in respect of a Funded Project for using the Site and the Services. Such fee shall be further detailed in such Creator’s respective Creator Agreement.

4.2 Subject to compliance of these Terms, Get Set Goal provides an online fundraising platform through which Creators may run campaigns to fund Projects through the Site to offer products and/or services to Backers who make payment for these products and/or services.

4.3 Projects can be viewed or accessed by unregistered users of the Site. However, an unregistered user must first register to become a Member (a) to Pledge in favour of a Project as a Backer or (b) to submit a Proposal as a Creator.

 

 

5. GSG ACCOUNT REGISTRATION, SUSPENSION AND TERMINATION

GSG Account Registration

5.1 In order to access certain features of the Site, and to initiate, Pledge in favour of, or participate in a Project, a user of the Site must first register to create an account via the Site (the GSG Account) and, subject to Get Set Goal’s approval, thereafter become a Member (the Registration Process). The Registration Process requires a user to submit certain personal information which shall be governed by the Privacy Policy.

5.2 A GSG Account will be created for the Member’s use of the Site based upon the personal information provided by such Member. Each Member may not have more than one (1) active GSG Account. Each Member agrees to provide accurate, current and complete information during the Registration Process and to update such information to keep it accurate, current and complete.

5.3 Each Member is responsible for safeguarding his own password. Each Member agrees that he will not disclose his password to any third party and that he will take sole responsibility for any activities under his GSG Account, whether or not he has authorized such activities or actions. Each Member undertakes to notify Get Set Goal immediately of any unauthorized use of his GSG Account.

GSG Account Suspension and Termination

5.4 Get Set Goal reserves the right to suspend or terminate any GSG Account and its Members’ access to the Site: (i) if it were to find any such Member has not met the Criteria; (ii) if it were to find any such Member has created more than one (1) GSG Account; (iii) if any information provided by such Member during the Registration Process or thereafter proves to be fraudulent, inaccurate, not current or incomplete; or (iv) if it were to find any such Member has breached any provision of these Terms.

5.5 Get Set Goal may, in its absolute discretion and without liability to its Members, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel any GSG Account. If Get Set Goal exercises such discretion to do so, any or all of the following may occur with or without prior notice or explanation to the relevant Member: (a) the relevant GSG Account may be deactivated or suspended, and the relevant Member may not be able to access the Site, the Services, his GSG Account and/or his Member Content, or receive assistance from Get Set Goal’s customer service; (b) any Pledged Amount Pledged and/or Delivery Charges (as applicable) made by such Member (as a Backer) may, if considered appropriate by Get Set Goal, be refunded to such Member (subject to deduction of Payment Charges as deem necessary by Get Set Goal (as applicable)); (c) Get Set Goal may (as applicable) communicate to the relevant Creator(s) that the relevant Pledged Amount Pledged by such Member (as a Backer) has been cancelled; (d) Get Set Goal may (as applicable) communicate to the relevant Backer(s) that the relevant Project of such Member (as a Creator) has been cancelled or otherwise terminated; or (e) Get Set Goal may take any other action(s) which Get Set Goal may consider appropriate from time to time.

 

 

6. SUBMITTING A PROPOSAL BY CREATOR

6.1 Any Member (subject to his compliance with these Terms) may be a Creator and submit a Proposal via the Site for Get Set Goal’s approval.

6.2 Each Creator understands and agrees that the below activities may be performed or arranged by Get Set Goal in its sole and absolute discretion in respect of his Proposal:

  1. Get Set Goal will undergo an initial review of the Proposal and, in its sole and absolute discretion, decide whether to process or decline the Proposal (Get Set Goal will notify the Creator of its decision within 30 calendar days upon receipt of his Proposal);
  2. in the event if Get Set Goal decides to process the Proposal, Get Set Goal will arrange meeting(s) (through telephone conversation(s), online meeting(s), physical meeting(s) or otherwise determined by Get Set Goal as appropriate) with the relevant Creator to discuss and reach agreement on matters relating to the Project under the Proposal, including but not limited to:
    1. the Fundraising Target;
    2. the length of the fundraising period and the Deadline;
    3. the identity of the Mentor(s);
    4. general business and industry advices; and
    5. service charges or other third parties charges payable to Get Set Goal or otherwise;
  3. subject to the Creator and Get Set Goal entering into a Creator Agreement detailing matters including, but not limited to, those referred to under clause 6.2(ii) of these Terms and other rights and obligations between the parties thereunder, Get Set Goal will approve and post the Project under the Proposal on the Site; and/or
  4. Get Set Goal shall have the sole, absolute and final discretion to amend, suspend, cancel or otherwise revise his Project (including but not limited to revising the Fundraising Target, Deadline and/or such other fundraising terms in relation to the Project) at any time while the Project is posted on the Site for backing by the Backers.



6.3 Each Creator acknowledges and agrees that he alone (but not Get Set Goal) shall be solely responsible for any and all Project(s) and Member Content posted by him and/or for and on behalf of him (including by Get Set Goal). Accordingly, each Creator represents and warrants that any Project and Member Content posted by him and/or for and on behalf of him and the completion of each such Project will be in compliance with all then applicable laws and regulations.

 

 

7. FUNDING OF A PROJECT

7.1 Projects will be available for backing by the Backers during their respective fundraising periods as stipulated on the Site. Backers may back a Project by pledging to pay the respective stipulated amount of money for the underlying products and/or services (the Pledge, and such amount so pledged being the Pledged Amount). If the aggregated Pledged Amount (excluding any refunded or will be refunded amount) has reached the Fundraising Target as at the Deadline, a Project will then be Successfully Funded and thereafter become a Funded Project.

7.2 Each Backer understands and agrees that:

  1. he shall provide his contact details information at the time when he Pledges to a Project;
  2. he shall be solely responsible for any and all applicable packaging, postage, delivery charges or otherwise expenses (the Delivery Charges) relating to the delivery of the product and/or services in relation to the Project(s) he Pledges;
  3. if he has indicated to make his Pledged Amount and/or Delivery Charges (as applicable) through Get Set Goal’s payment partner(s), then:
    1. he will not be charged unless such Project shall become Successfully Funded;
    2. in the event a Project shall become Successfully Funded, he will be charged the then applicable amount of his Pledged Amount and/or Delivery Charges (as applicable) (as determined by Get Set Goal’s record as at the Deadline);
    3. he consents to Get Set Goal and its payment partners to authorize or reserve a charge on his payment account, payment card or any other payment method he uses for any amount up to the then applicable amount of his Pledged Amount and/or Delivery Charges (as applicable) at any time and from time to time between his Pledge and the date of the collection of such Pledged Amount and/or Delivery Charges (as applicable);
    4. his payment account, payment card or any other payment method he uses shall have sufficient funds or credit available on the date of the collection of the then applicable amount of his Pledged Amount and/or Delivery Charges (as applicable) to ensure that such Pledged Amount and/or Delivery Charges (as applicable) will be collectible by Get Set Goal or its payment partners; and
    5. Get Set Goal is not responsible for the performance or non-performance of any of its payment partners;
  4. if he has indicated to make his Pledged Amount and/or Delivery Charges (as applicable) by bank deposit, then he shall, at his own cost, and within 7 calendar days of his Pledge or no later than the Deadline (whichever is earlier):
    1. make payment of the then applicable amount of his Pledged Amount and/or Delivery Charges (as applicable) into Get Set Goal’s or its nominee’s designated bank account; and
    2. provide Get Set Goal with the relevant payment evidence (to the satisfaction of Get Set Goal);
  5. he may increase, decrease, or cancel his Pledged Amount via the Site at any time during the fundraising period, except that he may not decrease or cancel his Pledged Amount at any time less than 24 hours prior to the Deadline;
  6. in the event where a Backer has successfully decreased or cancelled his Pledged Amount pursuant to clause 7.2(v) of these Terms, Get Set Goal will arrange refund of the applicable amount of his Pledged Amount and/or Delivery Charges (as applicable) to his nominated bank account or otherwise payment account in accordance with clause 7.3(i) of these Terms within 7 calendar days from the Deadline;
  7. Get Set Goal has the sole, absolute and final discretion to revise any terms of the Project (including but not limited to revising the Fundraising Target and/or the Deadline) at any time while the Project is posted on the Site for backing by the Backers;
  8. Get Set Goal and/or the Creator shall have the right to terminate any Project (including those Project(s) already Pledged by the Backer) at any time prior to the Deadline for any reason;
  9. in the event where a Project has been terminated pursuant to clause 7.2(viii) of these Terms, Get Set Goal will arrange refund of the applicable amount of his Pledged Amount and/or Delivery Charges (as applicable) to his nominated bank account or otherwise payment account in accordance with clause 7.3(ii) or (iii) (as applicable) of these Terms within 7 calendar days from the Deadline;
  10. he shall make arrangement directly with the relevant Creator for refund or otherwise changes of the applicable amount of his Pledged Amount and/or Delivery Charges (as applicable) in the event the relevant Project has been Successfully Funded and it is already on or after the Deadline. He further understands and agrees that Get Set Goal shall not be liable or responsible for refund or otherwise payment to him under such circumstances; and
  11. Get Set Goal is not responsible for the delivery or non-delivery and/or quality of any products and/or services under any Project and Get Set Goal shall not be liable for any refund for any such non-delivered products and/or non-delivered services. Such Backer may only ask for a refund or otherwise payment directly from the relevant Creator under such circumstances and Get Set Goal shall not be a party to, nor involved in, any dispute between him and the relevant Creator.



7.3 In relation to the refund of or otherwise changes to the Pledged Amount and/or Delivery Charges (as applicable), each of the Members understands and agrees that:

  1. in the event where such refund of or otherwise changes to the Pledged Amount and/or Delivery Charges (as applicable) is requested or otherwise caused by a Backer, Get Set Goal and/or the Creator (as applicable) shall have the right to deduct all relevant Payment Charges before refunding the applicable amount of the Pledged Amount and/or Delivery Charges (as applicable) to such Backer;
  2. in the event where such refund of or otherwise changes to the Pledged Amount and/or Delivery Charges (as applicable) is requested or otherwise caused by a Creator (including but not limited to the termination of such Creator’s GSG Account because of his breach of these Terms), Get Set Goal shall refund the applicable amount of the Pledged Amount and/or Delivery Charges (as applicable) to the relevant Backers upon receipt of the full amount of all related Payment Charges from such Creator. The Creator understands and agrees he shall be solely responsible for all related Payment Charges under such circumstances;
  3. in the event where such refund or otherwise changes to the Pledged Amount and/or Delivery Charges (as applicable) is requested or otherwise caused by Get Set Goal (excluding circumstances where such refund or changes are in relation to or arising from a breach of these Terms and/or the Creator Agreement (as applicable) by the Members), Get Set Goal shall refund the applicable amount of the Pledged Amount and/or Delivery Charges (as applicable) to the relevant Backers. Get Set Goal shall be solely responsible for all related Payment Charges under such circumstances; and
  4. Get Set Goal (or its nominee) shall not be liable to repay to any Member any interest or foreign exchange gains, nor to indemnify or pay damages to any Member for any interest or foreign exchange losses, in relation to the refund or remittance of the Pledged Amount and/or Delivery Charges (as applicable) pursuant to these Terms.

 

 

8. RIGHTS AND OBLIGATIONS OF CREATOR

8.1 Each Creator understands and agrees that, at all times up to the full completion of the relevant Funded Project, he shall be entitled to the rights, and subject to the obligations, as follow:

  1. each Creator shall strictly abide by the advices given by Get Set Goal and/or the Mentor(s) from time to time;
  2. each Creator shall fully perform all of his duties and obligations in relation to, in connection with or incidental to the relevant Funded Project (including, but not limited to, delivering the relevant products and/or services strictly in accordance with the schedule of products and/or services delivery posted on the Site and in compliance of all applicable laws and regulations);
  3. each Creator may not cancel or terminate his Project save and except with the prior written approval of Get Set Goal (at its sole and absolute discretion); and
  4. each Creator must respect the privacy of the Backers and not disclose their personal details (including contact name and number) to any other third party, or for any purposes (other than the completion of the relevant Funded Project), without their prior written consent.



8.2 Subject to the Creator’s full compliance of his obligations under these Terms and the Creator Agreement, he will be entitled to receive payments of the actual Pledged Amount received by Get Set Goal (as determined by Get Set Goal’s record and sole discretion) (after deduction of applicable fees and charges of Get Set Goal or otherwise) in accordance with, and subject to, the terms and conditions as further detailed in his respective Creator Agreement(s).

8.3 If Get Set Goal has received any complaint of alleged and/or actual copyright, trademark or other intellectual property right infringement in respect of any Project, then the relevant Creator shall take, or shall refrain from taking, any such action(s) (whether requested by the rightful owner of the relevant intellectual property right or otherwise) in relation to the relevant intellectual property works as required by Get Set Goal in its sole and absolute discretion. The relevant Creator shall indemnify Get Set Goal in relation to any loss and/or damages suffered by Get Set Goal relating to any such alleged and/or actual intellectual property right infringement.

 

 

9. RIGHTS OF GET SET GOAL

9.1 Get Set Goal assumes no responsibility for any Member’s compliance and/or non-compliance with any agreements with or duties owed to any other Member(s) or third party(ies), or any applicable laws, rules or regulations. Get Set Goal reserves the right, at any time without prior notice, to immediately suspend, terminate, remove or otherwise interrupt any Project and/or Funded Project for any reason, including Projects, Funded Projects and Member Content that Get Set Goal, in its sole discretion, considers to be objectionable for any reason, in violation of any applicable laws and regulations, these Terms and/or the Creator Agreement, or harmful to the Site and/or Services or otherwise in its absolute discretion considers appropriate to do so.

9.2 Each Creator understands and agrees that, even though he is obliged to abide by the advices given by Get Set Goal and/or his Mentor(s), he shall take, and shall be deemed to have taken, and/or relied on, such advices at his own risks. GET SET GOAL SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGES OR INJURY SUFFERED OR INCURRED BY ANY CREATOR ARISING FROM OR IN RELATION TO ANY ADVICE GIVEN BY GET SET GOAL AND/OR ANY AND/OR ALL MENTOR(S).

 

 

10. ACKNOWLEDGMENTS OF BACKER

10.1 Each Backer understands and agrees that:

  1. Get Set Goal does not represent or warrant whether any Project will be Successfully Funded nor any Funded Project will be fully completed and performed in such manner purported by the relevant Creator;
  2. Get Set Goal does not represent or warrant whether any and/or all Creators will follow any and/or all of the Mentor(s)’ advice(s) at any time or from time to time; and
  3. Get Set Goal does not act as a contracting agent. If any Backer funds and/or otherwise participates in a Funded Project, any contract, agreement or contractual relationship that he enters into is made between him and the relevant Creator and Get Set Goal is not a party to it.

 

 

11. NO ENDORESEMENT BY GET SET GOAL

11.1 Get Set Goal does not endorse any Member. Get Set Goal does not represent or warrant whether any and/or all Projects and/or Member Content is trustworthy, safe or suitable. Any information available on the Site (whether relating to the Member’s profile, the Projects, the Member Content or otherwise) are intended to be information for Members to evaluate when they make their own decisions about whether to Pledge any Projects and about the reliability and trustworthiness of the Creators. Get Set Goal recommends its Members to exercise care when deciding whether to Pledge a Project or otherwise.

11.2 By using the Site and/or the Services, each Member agrees that any legal remedy or liability that he seeks to obtain for actions or omissions of other Members or other third parties will be limited to claim against the particular Member(s) or such relevant third parties. Each Member agrees not to attempt to impose liability or to seek any legal remedy from Get Set Goal with respect to such actions or omissions.

 

 

12. CONDUCT OF MEMBER

12.1 Each Member understands and agrees that he is solely responsible for compliance with any and all laws and regulations that may apply to his use of the Site and/or the Services. In connection with his use of the Site and/or Services, he agrees that he may not and will not:

  1. use the Site and/or the Services for any commercial or other purposes that are not expressly permitted by these Terms;
  2. copy, store or otherwise access or use any information contained in the Site for purposes not expressly permitted by these Terms;
  3. infringe the rights of any person or entity, including without limitation their intellectual property, privacy, publicity or contractual rights;
  4. interfere with or damage the Site;
  5. use the Site and/or the Services to transmit, distribute, post or submit any information concerning any other person or entity not permitted by these Terms, applicable laws and/or regulations;
  6. use the Site and/or the Services in connection with the distribution of unsolicited commercial advertisements unrelated to the use of the Site and/or the Services or without Get Set Goal’s prior written approval;
  7. register for more than one (1) GSG Account;
  8. recruit or otherwise solicit any Member to join third-party services, websites and/or applications that are competitive (directly or indirectly) to Get Set Goal, without Get Set Goal’s prior written approval;
  9. post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; and/or (vii) promotes illegal or harmful activities or substances; and/or
  10. (i) modify or make derivative works based upon the Services or the Site; (ii) create Internet “links” to the Services or “frame” or “mirror” the Site on any other server or wireless or Internet-based device; (iii) reverse engineer or access the Site in order to (1) design or build a competitive product or service, (2) design or build a product using similar ideas, features, functions or graphics of the Services or the Site, or (3) copy any ideas, features, functions or graphics of the Services or the Site; or (iv) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services or the Site.



12.2 Get Set Goal reserves the right to immediately terminate its Members’ use of the Site and/or the Services should any Member is found to be acting in contrary to the above clause 12.1 and/or other provisions of these Terms.

 

 

13. GET SET GOAL’S RIGHT TO DISCLOSE INFORMATION

13.1 Each Member agrees that the Privacy Policy governs Get Set Goal's collection, retention and use of his personal information and Member Content.

13.2 Get Set Goal may disclose any of its information (including but not limited to the Member Content and other information relating to its Members) if it is required to do so by law, or if it believes in good faith that it is reasonably necessary to do so (i) to comply with these Terms, the applicable laws and regulations, or to comply with the order or requirement of a court, administrative agency or other governmental body; (ii) to enforce or administer its agreements with its Member(s), including but not limited to these Terms and/or the Creator Agreements (as applicable); (iii) for fraud prevention, risk assessment or customer support; and/or (iv) to protect the rights, property or safety of Get Set Goal, users of the Site and/or the Services, its Members or members of the public.

13.3 Each Member acknowledges that Get Set Goal has no obligation to monitor his access to or use of the Site and/or the Services, or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site and/or the Services.

13.4 Get Set Goal reserves the right, at any time without prior notice, to remove or disable access to any Collective Content that Get Set Goal, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site and/or the Services.

 

 

14. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS OF THE SITE

14.1 The Site is protected by copyright, trademark and other laws in Hong Kong. Each Member acknowledges and agrees that the Site, including all associated intellectual property rights, are the exclusive property of Get Set Goal and its licensors (as applicable). Each Member agrees that he will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site. All trademarks, service marks, logos, trade names and any other proprietary designations of Get Set Goal used in the Site and/or the Services are trademarks or registered trademarks of Get Set Goal.

14.2 Each Member agrees that he will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site or the Collective Content (including any and all Projects not created and owned by him), except as expressly permitted in these Terms. No licenses or rights are granted to any Member by implication or otherwise under any intellectual property rights owned or controlled by Get Set Goal or its licensors, except for the licenses and rights expressly granted in these Terms.

14.3 Get Set Goal respects copyright law and expects its Members to do the same. Get Set Goal reserves the right to terminate in appropriate circumstances the GSG Accounts of Members who infringe or are believed to be repeatedly infringing the intellectual property rights of any third party(ies) and/or terminate the Projects or Funded Projects of such Members (as Creators).

 

 

15. LICENCES GRANTED TO GET SET GOAL IN RELATION TO MEMBER CONTENT

15.1 Get Set Goal may, in its sole discretion, permit its Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site and/or the Services by him and/or for and on behalf of him, each Member hereby grants to Get Set Goal a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site and/or the Services in any media formats and through any media channels (including without limitation any third-party websites). Get Set Goal does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that each Member may have to use and exploit any such Member Content.

15.2 Each Member acknowledges and agrees that he is solely responsible for all Member Content that are made available through the Site and/or the Services by him and/or for and on behalf of him. Accordingly, he represents and warrants that: (i)(a) he either is the sole and exclusive legal and beneficial owner of all Member Content that are made available through the Site and/or Services by him and/or for and on behalf of him or (b) he has all rights, licenses, consents and releases that are necessary to grant to Get Set Goal the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor the posting, uploading, publication, submission or transmittal of the Member Content by him and/or for and on behalf of him or Get Set Goal's use of such Member Content (or any portion thereof) on, through or by means of the Site and/or the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

 

 

16. LINKS

16.1 The Site may contain links to third-party websites or resources. Each Member acknowledges and agrees that Get Set Goal is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Get Set Goal of such websites or resources or the content, products, or services available from such websites or resources.

16.2 Each Member acknowledges sole responsibility for and assume all risk arising from his use of any such websites or resources or the Content, products or services on or available from such websites or resources.

 

 

17. DISCLAIMER

17.1 Get Set Goal is not an owner, operator, agent or otherwise provider for any products or services (other than the Services). Get Set Goal cannot and does not control the Member Content contained in any Project and the condition, legality or suitability of any such Projects. Get Set Goal is not responsible for and disclaims any and all liability related to any and all Projects accordingly. Accordingly, any acceptance and action taken in relation to any Project by the Members (whether as Backers or as Creators) will be made or accepted at the Members’ own risk.

17.2 Each Member understands and agrees that if he chooses to use the Site, the Services and/or the Collective Content, he does so at his sole risk. Each Member acknowledges and agrees that Get Set Goal does not have any obligation to conduct background checks on any Member or verify the truthfulness, accuracy, reliability or intellectual property rights of any Member Content. The Site, the Services and/or the Collective Content are provided “as is” and "as available", without warranty of any kind, either express or implied (including, but not limited to, the implied warranties as to title, merchantability, quality or fitness for a particular purpose, care and skill and time for performance, all of which are expressly disclaimed). Get Set Goal makes no warranty that the Site and/or the Services will meet his requirements or be available on an uninterrupted, secure or error-free basis.

17.3 No advice or information, whether oral or written, obtained from Get Set Goal and/or the Mentor(s) or through the Site and/or the Services will create any warranty not expressly made herein.

17.4 Each Member is solely responsible for all his communications and interactions with other Member(s), and with other persons with whom he communicates or interacts as a result of his use of the Site and/or the Services.

17.5 Each Member understands that Get Set Goal does not make any attempt to verify the statements of its Members or users of the Site and/or the Services. Get Set Goal makes no representations or warranties as to the conduct of its Members or users of the Site and/or the Services or their compatibility with any current or future Members.

 

 

18. LIMITATION OF LIABILITY

18.1 Each Member acknowledges and agrees that, to the maximum extent permitted by applicable laws and regulations, the entire risk arising out of his access to and the use of the Site, the Services and/or the Collective Content or any contact he may have with other users of the Site and/or the Services or Members, whether in person or online, remains with him.

18.2 Neither Get Set Goal nor any other party involved in creating, producing or delivering the Site, the Services and/or the Collective Content will be liable for any incidental, special, exemplary or consequential damages arising out of or in connection with these Terms (including but not limited to any Creator’s performance or non-performance of his obligations under any of his Funded Projects), or from the use or inability to use the Site and/or the Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, whether or not Get Set Goal has been informed of the possibility of such damage.

 

 

19. INDEMNIFICATION

19.1 Each Member agrees to release, defend, indemnify, and hold Get Set Goal and its affiliates and subsidiaries, and their officers, directors, employees and agents harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, legal and accounting fees, arising out of or in any way connected with: (i) his access to or use of the Site, the Services or the Collective Content or his violation of these Terms, applicable laws or regulations; (ii) his Member Content; and (iii)(a) his interaction with any Member; (b) (when acting as a Creator) his creation, submission, cancellation and/or termination of any of his Proposals and/or Projects; or (c) (when acting as a Backer) his Pledge to any Project.

 

 

20. THIRD PARTY SERVICES AND CONTENT

20.1 The Site and the Services may be made available or accessed in connection with third party services and content (including advertising) that Get Set Goal does not control. Each Member acknowledges and agrees that different terms of use and privacy policies may apply to his use of such third party services and content. Get Set Goal does not endorse any such third party services and content and in no event shall Get Set Goal be responsible or liable for any products or services of such third party providers.

 

 

21. MISCELLANEOUS

21.1 These Terms constitute the entire and exclusive understanding and agreement between Get Set Goal and each of its Members regarding the Site, the Services and the Collective Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Get Set Goal and each of its Members regarding the same.

21.2 Each Member may not assign or transfer these Terms, by operation of law or otherwise, without Get Set Goal's prior written consent. Get Set Goal may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

21.3 A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Ordinance (Cap 623 of the Laws of Hong Kong) to enforce any provision of these Terms.

21.4 Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Get Set Goal by posting it on the Site and/or via email transmitted.

21.5 If any part of these Terms is unenforceable, the enforceability of the remaining parts of these Terms shall not be affected and shall remain in full force and effect.

21.6 The failure of Get Set Goal to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Get Set Goal. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

21.7 The original text of these Terms is in English. In the event of any inconsistency between the English version and version(s) in any other language(s), the English version of these Terms shall prevail.

21.8 These Terms shall be governed by and construed in accordance with the laws of Hong Kong. The parties to these Terms irrevocably agrees that the courts of Hong Kong shall have exclusive jurisdiction in relation to any claim or dispute concerning or arising from these Terms.