This page contains the Website Terms of Service and the Recreational Program Terms and Conditions.
Website Terms of Service
Below is an overview of our Terms or Service for our “Platform”, which means any website, social media site, application, or service we offer. You should read the complete Terms of Service because that document (and not this overview) is our legally binding agreement. The Terms of Service includes information about your legal rights and covers areas such as limitations of liability, resolution of disputes.
Your Relationship with us:
Terms of Service
Last Updated: 9 June 2017
Our Terms of Service contain important information about your legal rights. To make it easier to understand, we have provided summaries and tips in these gray boxes. These summaries are not part of the official terms, and it is important for you to read the language in each section carefully.
Summary: You agree to follow some basic rules when using our Platform. These rules are described in these Terms of Service, including the related policies and guidelines discussed below. We may change these rules.
1.1 The Agreement. The terms “ATE,” “we,” “us,” and “our” include A-Team Edventures Limited and operating divisions and our affiliates. We use the terms “you” and “your” to mean any person using our Platform, and any organization or person using the Platform on an organization’s behalf. We use the word “Platform” to mean any website, social media platform, or service we offer, including content we offer and electronic communications we send. We provide our Platform to you subject to these Terms of Service. We use the terms “Terms of Service” and “Agreement” interchangeably to mean this document together with our specific programme agreements, enrollment forms and other documentation for specific services we provide to clients (as applicable) for the services obtained. Your use of the Platform signifies that you agree to this Agreement. If you are using the Platform for an organization, you agree to this Agreement on behalf of that organization, and represent you have authority to bind that organization to the terms contained in this Agreement. If you do not or are unable to agree to this Agreement, do not use our Platform.
1.2 Revisions to this Agreement. We may sometimes modify this Agreement from time to time. If material changes are made, we will notify you, by email or displaying a prominent notice on our Platform. By continuing using the Platform, you agree to the revised Agreement.
2.1 Your Content. You are solely responsible for any information, material, or other content posted to our Platform or otherwise provided to us (such as feedback, comments, or suggestions shared with us) hereafter, “Content”). You agree that you and your Content shall not violate the rights of any third party (such as copyrights, trademarks, contract rights, privacy rights, or publicity rights.
2.2 Content License from You. We do not claim ownership of your Content. However, to enable us to operate, improve, promote, and protect Us and our Platform, and to ensure we do not violate any rights you may have in your Content, you hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license (including a waiver of any moral rights) to use, host, store, reproduce, modify, publish, publicly display, publicly perform, distribute, and create derivative works of, your Content and to commercialize and exploit the copyright, trademark, publicity, and database rights you have in your Content.
3.1 Our Policies, Guidelines and Applicable Laws. When you use our Platform, we require that you comply with all applicable laws, rules and regulations, and to not violate or infringe the rights of any third party. If you do not comply, we may modify, suspend or terminate your access to the Platform, in our sole discretion.
3.2 No Resale. Our Platform contains proprietary and confidential information and is protected by copyright and other intellectual property laws. Unless we expressly permit it through this Agreement, you agree not to modify, reproduce, sell or charge a fee, make, create derivative works based on, or distribute any part of our Platform.
3.3 No Technical Interference with the Platform. You will not engage in any activity or post any information or material that interferes with or disrupts, or that is designed to interfere with or disrupt, the Platform or any hardware used in connection with the Platform.
We reserve all rights not expressly granted under this Agreement. You authorize us to monitor your use and to verify your compliance with the terms of this Agreement, and to operate, improve and protect the Platform.
You agree to release us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries, sponsors, and other third-party partners (referred to in this Agreement as “ATE Parties”) from claims, demands, and damages (direct and consequential) of every kind and nature, known and unknown, now and in the future (referred to in this Agreement as “Claims”), arising out of or in any way connected with use of the Platform.
You agree to indemnify, defend and hold all ATE Parties harmless from any Claims, made by any third party due to or arising out of (a) your violations of this Agreement, (b) your use, misuse, or abuse of our Platform, (c) your Content, (d) your violation of any law, statute, ordinance or regulation or the rights of a third party. You agree to promptly notify us of any third party Claims, cooperate with all ATE Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You agree not to settle any Claim without our prior written consent.
6.1 Warranty Disclaimer. Our Platform is provided to you “as is” and on an “as available” basis. We disclaim all warranties and conditions of any kind, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We also disclaim any warranties regarding:
(a) the reliability, timeliness, accuracy, and performance of our Platform;
(b) any information, advice, services, or goods obtained through or advertised on our Platform or by us;
(c) the results that may be obtained from the Platform;
(d) the correction of any errors in the Platform;
(e) any material or data obtained through the use of our Platform; and
(f) dealings with or as the result of the presence of marketing partners or other third parties on or located through our Platform.
6.2 Limitation of Liability. You agree that in no event shall any ATE Parties be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if any ATE Parties have been advised of the possibility of such damages) arising out of or in connection with:
(a) our Platform or this Agreement or the inability to use our Platform (however arising, including our negligence);
(b) statements or conduct of or transactions with any member or third party on the Platform;
(c) your use of our Platform or transportation to or from our events, attendance at our events, participation in or exclusion from events and the actions of you or others at such events; or
(d) any other matter relating to the Platform.
Our liability to you or any third parties in any circumstance is limited to the greater of HK$100 or the amount of fees, if any, you paid to us in the 12 months prior to the action that may give rise to liability. The limitations set forth above in this Section 6 will not limit or exclude liability for such liabilities to the extent such limiting or exclusion of liability is prohibited under the applicable laws of the Hong Kong SAR.
Informal Resolution. Before making any claim, you and ATE agree to try to resolve any disputes through good faith discussions. Either or us may initiate this process by sending written notice describing the dispute and the proposed resolution. If we cannot resolve the issue within 30 business days of receipt of the initial notice, either of us may bring a claim in the Hong Kong courts.
ATE website content, materials, trademarks, logos and service names are our intellectual property and you may only use them with our express prior written consent. Our Platform, including our material on the Platform, are our intellectual property. Except to the extent allowed by our express prior written consent and as otherwise permitted by law, you agree not to copy, sell, distribute, or otherwise use or exploit our intellectual property.
9.1 Entire Agreement. This Agreement constitutes the entire agreement between you and us.
9.2 No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and ATE is intended or created by this Agreement.
9.3 Governing Law. This Agreement and the relationship between you and ATE shall be governed by the laws of the Hong Kong SAR.
9.4 Assignment. This Agreement is personal to you and not assignable, except with our prior written consent, but may be assigned or transferred by us to any affiliate or subsidiary, or in connection with a merger, acquisition, corporate reorganization, sale of all or substantially all of our assets, or similar transaction.
9.5 No Waiver. A party’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and does not waive any right to act with respect to subsequent or similar breaches.
9.6 Severance. If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, you and we nevertheless agree that the court should endeavor to give effect to the remaining provisions, which will remain in full force and effect.
9.7 Congratulations – for reading this far through our Terms of Service.
9.8 Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
These terms and conditions operate in conjunction with the accompanying Enrollment Form and the Programme description. Together these form the contract between A-Team Edventures Limited (the “Company”, “we”, “us” or “our”) and the named Participant (the “Participant”, “you”, or “your”) as named in the Enrollment Form.
Please read the entire Booking Documentation carefully and raise any questions before enrolling.
1. Creation of the Contract A binding contract will only arise once we have confirmed receipt of the required deposit/payment and the duly signed and completed Enrollment Form.
2. Payment terms Extensive organizational and logistical preparation goes into each Programme, to help ensure its success, but also means we need clear commitment from the Participants. Changes/cancellations (especially if close to the Programme commencement date) require extra effort an organization. For these reasons please understand our payment terms are strictly structured and enforced.
3. Cancellation/no-shows etc. We work hard to deliver successful Programmes so really hope cancellation by you in not likely. If you do cancel, the following cancellation fee will apply:
Days prior to commencement date
(of notification of non-participation/cancellation) Cancellation fee
30 or more days 20%
15 to 29 days 40%
7 to 14 days 60%
under 7 days 100% A “no-show” will also face this 100% cancellation fee.
4. Commencement Participants are to arrive at the agreed pick up point on the start date of the Programme, at the agreed time, where the Programme commences and ends. Late arrivals will need to make their own transport/organisational arrangements to join the Programme. If they are not able to travel to join the Programme, late-comers are treated as “no show” under paragraph 3 above.
5. Insurance You may wish to consider purchasing travel, cancellation and/or other additional insurance requirements, which will be dependent on availability from an insurance provider. We hold public liability and insurance required under Hong Kong law.
6. Confirmation of Activities Our activities (an “Activity” or “Activities”) include but are not limited to farming, flat water and sea kayaking, abseiling, hiking, bush craft, camping, cooking, snorkeling, boating, biking, canyoning, rock climbing, coasteering, orienteering, navigation, geo-caching, bouldering, team/collaboration and leadership training, environmental activities, low and high ropes course, surfing and swimming. The Activities selected will usually mirror those in the Programme description, but also depend on prevailing conditions, including weather and safety (and other risk management) considerations, as well as the ability, behavior and suitability of participants. Determining all such matters and setting the final activities (and assessing suitability for participants for these activities) will be at the decision of the instructor, who may also decide to modify, curtail or substitute activities.
Any questions in relation to the Activities should be raised with us at the earliest opportunity and well before the Programme commencement date.
7. Alterations, amendments, curtailment and/or cancellation by us; bad weather
You understand and accept flexibility is needed when carrying out outdoor activities, so:
(a) Curtailment/cancellation, etc. – As a professional programme provider, we may find it necessary to discontinue, curtail, vary, reschedule and/or terminate a part or all of an Activity or the Programme, whether due to forces of nature, medical necessities, safety, capability or other material issues/problems in the group or other reasons that in our judgment (and at our discretion), we consider prudent.
(b) Control over participation – our key objective is to deliver a successful Programme, in accordance with our “Culture of Safety” and operating requirements. Accordingly, we may refuse, curtail or terminate the participation of any Participant, who we, in our judgment (and at our discretion) consider to be unsuitable or incapable of meeting the rigors or requirements of the Activities and/or the Programme, or who fails to comply with instructions given or safety and/or other relevant requirements that we apply.
(c) Bad weather – If bad weather is forecast, we will keep you informed and make a final decision as to whether the Progamme will proceed, (whether on the original or on a modified Activities basis) or will be postponed, based on the relevant considerations including the safety aspects, in our professional judgement. If we alter significantly or cancel all or a material part of your Programme or its Activities, we will offer a reasonable comparable alternative Activity or offer an alternative comparable Programme within the following 6 month period. As bad weather is outside of our control, our practice is to offer alternative arrangements, as described above, rather than a refund.
(d) Reasons for a decision made under Clause 7 will be provided to you as soon as practicable in the circumstances. The Client acknowledges and accepts that we have the right and discretion to take such decisions.
8. Acknowledgement of risks, assumption of responsibilities The Company, its officers, directors, employees, servants/agents and representatives (all of whom are referred to as the “Company’s Personnel”), take care to provide proper instruction, quality equipment, risk assessments and supplies to help support Programmes and Activities organised by us. You understand and agree:
(a) Risk reduction – We take reasonable steps to mitigate the attendant risks by providing appropriate safety equipment and appropriate instruction and supervision, setting rules that Participants need to follow and by providing knowledgeable and experienced supervisory staff and Programme leaders. We uphold and follow a “Culture of Safety”, which we require Participants to follow.
(b) Risk cannot be eliminated – However despite reasonable precautions, there remain certain elements of risk in experiential and outdoor education, adventure travel, sport and training associated with the outdoors and other elements in our Programmes. Indeed one of the benefits is for Participants to appreciate and understand about such risk sources and to learn to appropriately manage (and so reduce) such risks. Acceptance of such remaining risks is understood and agreed to by the Participant.
(c) Acceptance of risk and of our “Culture of Safety” – The Participant understands, agrees and accepts that there are certain risks involved in the Programme Activities and that it is impossible to remove all such risks. Such risks can however be reduced and, accordingly, as part of the Company’s “culture of safety” principles, the Participant agrees he/she must also look after their own and each other participant’s safety and interests at all times during the Programme and need to actively support and follow our instructions in which safety is a normal and natural requirement.
9. Limitations on liability
You agree that:
(a) the Company (and the Company Personnel) will only have responsibility (and/or liability) for any losses for personal injury, illness or death, only to the extent these are caused by (or result directly from) the negligent acts or omissions of the Company (or the Company’s Personnel) in the provision of the Programme and only whilst
acting within this scope. The Company and the Company Personnel shall not be responsible (or liable for) any other losses or liabilities.
(b) you waive any claim, right or entilement whatsoever or howsoever arising from or in relation to the Programme or your participation in any Activity, save only for liabilities falling under paragraph 9(a) above
(c) as any travel arrangements made are only booked for the Client (via Travel agents), the Company does not accept liability for any air, sea or land carriers, whose individual conditions of carriage apply, or otherwise for such bookings.
10. Responsibilities for safety Participants need to ensure our “Culture of Safety” is supported and followed and in particular that all Participants:
(a) familiarize themselves with and follow the safety and other rules and requirements set for the Programme and its Activities;
(b) are attentive to and follow instructions given by the Company’s Personnel; and
(c) adhere to the applicable laws and also follow local customs and behave appropriately towards (and with due respect for) the local communities and their customs.
If further guidance and/or details or assistance with this is required please ask us.
11. Medical and other disclosures All Participants are required to complete the Enrollment Form and recognize that the Company will rely on this information for any treatment and/or addressing of special needs. The Participants must notify us of any special needs. Additionally the Client agrees:
(a) if I become ill during the Programme, then the responsible staff (or agents) of the Programme provider will take reasonable action including reasonable effort to contact any emergency contact person as provided above and may authorise any medical treatment deemed necessary in case of any illness or injury arising while participating in the Programme; and
(b) to hold the Company (and the Company’s Personnel) harmless for any and all costs and/or liabilities so incurred (It is recommended that Participants should check their medical insurance cover).
12. Complaints If there is any problem with your Programme, please immediately notify the programme leader or other local manager, so the matter can be addressed and rectified immediately. Feedback/review sessions are orgainsed during the Programme, so there is opportunity to raise any such matters early (and for these to be addressed during the Programme). If such rectification is not possible than please contact our head office immediately by telephone +852 2560 8838, or by email to Info@ateamedventures.com with details, to get a satisfactory resolution. In the unlikely event that the matter remains unresolved, please write to us immediately and we will do our utmost to find a satisfactory solution. Please note that we will only accept such a notice i writing for any unresolved matter if we receive it within 28 days of the relevant Programme ending date.
13. Program arrangements
13.1 Passports, visas, health, dietary needs Please ensure all participants have organized their necessary travel-related requirements and in particular:
(a) ensure all Participants hold valid visas and have completed other passport formalities and other travel and personal arrangements for their participation (where relevant) and bring these with them; and
(b) ensure details of any medical, health, dietary and/or other specific requirements are provided to us in writing, In the Enrollment Form,
in good time ahead of the Programme commencement date. (The Company can provide guidance and assistance, if requested).
13.2 Accommodation arrangements (if applicable) Wherever possible participants will be accommodated in gender specific dormitory/camp accommodation. If private rooms/tents are required, additional fees may be charged accordingly.
14. Additional requirements If any participants have additional requirements (such as disability, cultural or dietary requirements) we will be pleased to discuss these. Please provide full details of specific requirements (in the Enrollment Form) as soon as possible to allow us to make a fair assessment of service provision with reference to such considerations as access, successful participation, health and safety. Where we are unable to provide the requested requirements (e.g. if we consider safety cannot be adequately addressed) we may suggest alternative programmes/providers.
15. Data protection We take data privacy seriously. A copy of our Data policy is available from our website and on request. Booking or related information (including contact details) provided to us will not be divulged to persons unconnected with your Programme, the booking or related Activities without your express permission. We may use it to communicate details of our services, for marketing and otherwise as permitted under our policy.
The personal information of Participants will be used to allow the Company’s Personnel (and our selected subcontractors and suppliers, where required) to provide relevant services for the Programme. Failure to provide it may result in such sevvices not being available.
16. Printed information Any printed information we provide you in relation to the Programme is accurate and correct as far as can be reasonably ascertained on the publication date. If we become aware of changes to the information we will make amendments accordingly. Notifications of such amendments will be made available including on our website.
17 . Photography/recordings – consent for use Our Programmes make use of digital photography, videos, GPS tracking and other recording technologies. Sometimes such use is a part of learning content and/or may be a learning tool for Participants. We often arrange to photograph/record Programmes and Participants, for these purposes, as well as for our business development and promotional materials and marketing. If you wish to “opt-out” and NOT to appear in any such photography/recordings, please let us know (by completing the “Any other information/considerations” section of the Enrollment Form). Also, once the Programme site is reached, please also remind the Programme leader of any such restrictions. Reasonable efforts will be made not to film /record any such opted out participant.
18. Consent to use of feedback We may use feedback that you provide, in our promotional and other materials. If you DO NOT wish to be quoted can you please inform us in writing when providing us such feedback.
19. Governing law and miscellaneous
(a) This contract is governed by the laws of the Hong Kong SAR and any dispute will be dealt with under the exclusive jurisdiction of the courts of the Hong Kong SAR.
(b) Headings are included to assist clarity only and do not affect the interpretation of these Terms and Conditions.
(c) We reserve the right to apply additional terms and conditions, requirements etc for a particular element in any programme beyond those in these Terms and Conditions.