Makerbay seeks to provide its members (“you” or “Member“) with a shared space and associated facilities for generating innovative ideas, designing and making products and to foster a community that focuses on learning and creating solutions for social and environmental issues.
As a Member, you agree, warrant, consent and covenant to the following terms, conditions and representations:
1. Code of Conduct
1.1 You agree to conduct yourself according to the policies that Makerbay implements from time to time regarding personal behavior in our Facilities. At Makerbay’s sole discretion, your membership at our space may be terminated for behavior that violates any such policies.
2. Use of Premises and Facilities
2.1 Member must not damage our premises or facilities or use them for illegal, dangerous or improper purposes. Further details on the proper use of our premises and facilities can be found in the Health and Safety Guidelines and Code of Conduct. Member must also follow reasonable instructions from Makerbay’s staff. Any Member who does not cooperate may not be allowed access to or use of our premises or facilities.
2.2 As a member you can use the space that is dedicated to you. If you are a day pass member, you can use the space to do your project as long as it does not prevent others to do theirs. If you are a monthly hot bench member, you must clear your table every evening. If you are a fixed bench user, you can store your project on your table only. If you are a studio user, you can store your project and your tools in your studio only. If your belongings are exceeding the amount permitted and spilling in other members space or cluttering fire exits, they might be disposed of without notice.
2.3 If you need additional storage, you can rent additional storage space, or an extra table or studio.
2.4 All members must return the shared tools any time they are not using them, so others can work too. All members must clean after themselves.
2.5 If you fail to do the following, your membership may be terminated:
use your space only
return the shared tools
clean the space after yourself
2.6 Makerbay treats health and safety seriously. Member will be required to complete induction or training before they can use certain facilities at Makerbay. We may also ask you to demonstrate any relevant qualification for or knowledge about the use of certain facilities.
2.7 If you find a tool that is broken, do not use it, tell staff so they can repair it.
2.8 If you break a tool, please inform Makerbay staff otherwise, you may lose your membership, deposit and extra charges may apply to repair the tool/s. If you see another member damaging a tool, please inform Makerbay staff accordingly.
2.9 Member is responsible for their guests, including any minors, and making sure that they observe all health and safety requirements of Makerbay.
2.10 Member may be required to make a booking in advance with Makerbay to obtain access to certain facilities. You may check the applicable booking policy with Makerbay staff.
2.11 Maker Bay doesn’t facilitate working in Hong Kong that is illegal and takes no responsibility and has no liability if a member chooses to work illegally.
2.12 Members who stay late in the evening are required to:
turn off the air conditioning system
turn off the lights
turn off the fans
pause 3D printing job and laser cut jobs
make very sure the doors are locked
2.13 All measures demanded by this Clause 3 are necessary to comply with fire safety, save energy and general safety of the building.
3. No Tenancy
3.1 Makerbay provides memberships on an “as is” basis as a service and not as a lease of real property, and disclaim all warranties and conditions, whether express, implied or statutory, including, but not limited to, merchantability, title, quiet enjoyment, possession, fitness for a particular purpose or use, to the extent permitted by law.
3.2 You hereby understand, agree and warrant that you are not a tenant and Makerbay is not a landlord and there is no tenancy relationship whatsoever as defined in any case law or legislation, rules, or regulations promulgated by Hong Kong Special Administrative Region (“Hong Kong”) or otherwise.
4. No Residency
Makerbay’s space is a light industrial and commercial facility. Using the location or your membership for the purpose of establishing a personal residence is not permitted. You hereby understand, agree and warrant that you are not a residential tenant at Makerbay’s space.
5. Data Privacy
5.1 When you apply for membership, we may collect your personal data for the purpose of processing your application and maintaining your membership. We may publish your name in our membership directory, and we may post photographs of Member on our promotional materials, but otherwise we will not disclose your personal data to a third party without your consent, except among our group companies and service providers or as may be required or allowed by law. We may send you information about our activities and events provided you have agreed to this.
6. Intellectual Property
6.1 Makerbay respects Member’s creations. Unless there are other arrangements, Member will own any intellectual property rights arising out of their creations. Likewise, Member must respect Makerbay’s intellectual property and must not misuse or misappropriate Makerbay’s creations and works, including our logo, name, classes content, wiki, graphics, videos, etc.
6.2 Member accepts that, given the co-working nature at Makerbay, there may be a chance that other Members or guests may access or become aware of their creations. If Member wants to keep confidential any of their creations, they must take responsibility for doing so.
6.3 Makerbay may provide some open source works for Member’s use but Member must observe all applicable terms for those works.
6.4 Member must not make use of our premises or facilities for the purpose of infringing any other’s intellectual property.
6.5 Member agrees that Makerbay may take or publish photographs or recordings of Member’s creations and activities at Makerbay for publicity, demonstration or educational purposes without charge. Member shall be responsible for informing Makerbay, in writing, if any creations or activities are confidential or not to be disclosed.
7. Makerbay Responsibilities
7.1 Makerbay will endeavor to provide and maintain our premises and facilities in a reasonably satisfactory and safe state. However, Makerbay does not guarantee that our premises and facilities will be free from defect and fulfil Member’s objectives.
7.2 To the maximum extent permitted by law, Makerbay will not be responsible for any loss which may be suffered by Member or guests due to use of our premises or facilities, except in respect of death or personal injury arising due to Makerbay’s negligence.
7.3 Makerbay takes no responsibility for any suspension or denial of access to our premises or facilities due to reasons unforeseen or beyond our reasonable control, e.g. natural disaster, labor strike, failure or delay by utility providers.
The rules and policies of Makerbay’s space may change from time to time. We will notify members of material changes.
9. Insurance and Indemnity
9.1 Member shall take responsibility for insurance coverage for their own property and risks while using our premises and facilities.
9.2 If Member causes any harm or injury to our premises or facilities, or to Makerbay staff or other Member or guests, Member shall indemnify Makerbay against all related losses, damages and costs. Member also agrees likewise to indemnify Makerbay for their breach of this Agreement and for any liability resulting from making use of Makerbay’s premises or facilities for infringing others’ intellectual property.
9.3 Makerbay may also require Member to compensate for any damage caused to our premises and facilities and the related repair or maintenance costs. Makerbay may also require you to pay a deposit before using certain facilities and machines. Certain consumable tools (drill bits, raw materials, screws, electronic components etc.) and personal protection equipments (glasses, gloves, ear protections, masks etc.) shall be brought by the members themselves.
In your presence at Makerbay’s space, you may learn of confidential information of the Company or of its members. Such confidential information may include business information, trade secrets, technology, processes, customers and prospects that is intended to be confidential and proprietary. You hereby agree and consent to not disclose information that you obtain that was intended to remain confidential.
You hereby waive and hold harmless the Company, its members, officers, directors, shareholders, contractors and employees (the “Releasees”) from any claims, liability, actions, or suits with respect to any damages, injuries or losses you suffer to your person or property, whatsoever, including as a result of negligence or gross negligence on the part of the Releasees, including but not limited to any direct, special, incidental, indirect, punitive, consequential or other damages whatsoever (including, but not limited to, damages for lost profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty (including of good faith or of reasonable care), negligence, and any other loss) arising out of or in any way related to Makerbay’s services or otherwise.
12. No Assignment
This agreement may not be assigned without the prior written consent of the Company.
13:1 You will need to give a “Membership Termination Notice” in writing to Makerbay Management at least a full month before leaving the premises. Your deposit will then be refunded at its original amount.
If the studio is damaged or requires construction work or professional cleaning to be restored to a tenantable state, that amount may be deducted from your deposit or billed additionally.
13.2 You agree not to use the Co-Working Space for any purpose that is unlawful, prohibited, or that could damage, disable or impair the property of the Company or of other members, or prevents other members from enjoying the Co-Working Space, or that would damage the reputation or business of the Company and the Co-Work Space.
13.3 You also agree not to use the Co-Working Space in connection with:
Lottery contests, pyramid schemes, chain letters, junk email, spamming or similar behavior;
Defaming, abusing, harassing, threatening or otherwise violating the legal rights (such as privacy and publicity) of others;
Posting, distributing or disseminating inappropriate, profane, defamatory, obscene, indecent, or unlawful material or information;
Uploading, reproducing, using, performing or otherwise making available, images, software or other material or information which infringes another’s rights, or is protected by intellectual property laws where you don’t own or license such rights; and
Uploading or using files that contain viruses, corrupted files, or any other similar software or programs that may damage the computers or property of the Co-Working Space or another member.
13.4 Makerbay reserves the right to terminate the services at any time. Makerbay further reserves the right to terminate your participation in and use of any service, immediately and without notice, if you fail to comply with the rules set forth in this Agreement.
14. Non Compete
During the term of this Agreement and for a period of twelve (12) months following its termination (the “Restricted Period”), you shall not, directly or indirectly, (i) in any manner whatsoever engage in any capacity with any business competitive with Makerbay’s current lines of business or any business then engaged in by Makerbay; or (ii) have any interest as owner, sole proprietor, stockholder, partner, lender, director, officer, manager, employee, consultant, agent or otherwise in any business competitive with Makerbay’s Business. In addition, during the Restricted Period, you shall not develop any property for use in Makerbay’s Business on behalf of any person or entity other than Makerbay, its subsidiaries and affiliates.
15. Governing Law and Dispute Resolution
This Agreement and any dispute or claim arising out of, or in connection with, it or its subject matter or formation, shall be governed by and construed in accordance with the laws of Hong Kong, without giving effect to applicable conflict of laws principles. Any dispute, controversy, difference, or claim arising out of or relating to this Agreement, including the existence, validity, interpretation, performance, breach, or termination thereof, or any dispute regarding non-contractual obligations arising out of or relating to it, 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 law of this arbitration Section shall be Hong Kong law. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one (1). The arbitration proceedings shall be conducted in English.
Last Updated: 29/12/2020
MakerBay and its associated companies (collectively,”Our Company”) respect your privacy and will collect, use and process your personal data in accordance with this Personal Data Privacy Statement and the requirements under the Personal Data (Privacy) Ordinance (the”Ordinance”). You shall read this Personal Data Privacy Statement carefully so as to ensure that you fully and clearly understand the contents herein.
Collection of Personal Data Statement
1. Our Company may collect your personal data in several ways whenever Our Company provides the Services to you, and will use and process your personal data for the purposes described in this Personal Data Privacy Statement. If Our Company wishes to use and process your personal data for any other purpose, Our Company will further provide you with the relevant information on that other purpose and will obtain your consent before using and/or processing such information. The Services shall mean the media platform(s) (including Our Company’s website, MakerBay (“Our Website”)), application(s) (including mobile device application), e-paper, software, membership registration/registered user, personalization services, classified post, promotion, games and/or any other products/services provided by Our Company.
2. Whenever you use the Services, which may include access to Our Website, use or download of any downloadable software or submission of contents via Our Website, you are deemed to have read this Personal Data Privacy Statement and agree to allow Our Company to collect, use and/or process your personal data in accordance with this Personal Data Privacy Statement.
3. Our Company will collect your personal data which includes your name, nickname, email address, data of birth, gender, age, occupation, contact phone number, residence, postal address, personal or household income, education level or credit card information.
Purpose of collection and use of personal data
4. Our company will collect your personal data for the following purposes (or any one of them):
4.1 provision of the Services to you and administration and management of the Services to you;
4.2 processing the application for membership or registered user and administration of the members’ /registered users’ account;
4.3 identifying and verifying your identity to ensure that you have the right to use the Services;
4.4 conducting follow-up and handling all the matters in relation to the Services, such as contact, enquiry and complaint;
4.5 carrying out promotion and providing you with new information and other information (including notifying you Our Company’s goods/services);
4.6 conducting survey, data analysis or carrying out research to enable Our Company to understand your or other users’ needs, upgrading or improving the quality of Services, business development and customization of the Services;
4.7 investigation of complaints or claims;
4.8 registration and administration of the promotional activities, games or competition conducted by Our Company alone or together with other third party;
4.9 consolidation of other information to carrying out analysis for exploring business opportunities or introducing the Services to any potential business partner, advertiser or third party and all the related purposes;
4.10 prevention and detection of crime and for disclosure or assistance in accordance with the legal (such as court order) or regulatory authority requirement or for meeting our Company’s obligation to comply with any law, regulation, rule or court order within the Hong Kong Special Administrative Region (“Hong Kong”) existing currently and in the future;
4.11 all other matters in relation to the daily operation of Our Company, including but not limited to ensuring the Services are in normal operation, improving the safety and reliability of the Services or technology problem and meeting our Company’s obligations arising from or in connection with the provision of the Services;
4.12 protection of Our Company’s interest and for all the matters in relation to the above-mentioned purposes.
5. Whenever you are requested by Our Company to provide your personal data, you have the right to decide as to whether you should provide your personal data to Our Company but are not obliged to do so. If you do not provide Our Company with the requested information or if the information provided by you is inadequate or inaccurate, Our Company may not be able to provide you with the Services and you may be unable to enjoy the Services.
Disclosure/Transfer of Personal Data
6. Our Company will not sell your personal data to any third party, but Our Company will disclose or transfer your personal data to MakerBay and its subsidiaries or associated companies for provision of the Services and/or direct marketing purpose.
Our Company may use your personal data for direct marketing, but Our Company will not use your personal data for direct marketing unless and until you consents (or indicate that you have no objection) thereto. However, if you do not wish Our Company to use your personal data for direct marketing, please make a written request by email to [email protected]
Our Company will keep your personal data in secret, and will erase personal data which is no longer necessary for the purposes for which they are to be used.
Your membership account or other registered account are password-protected and you are solely responsible for the security of your login password and the information contained in the account. Our Company will not, without your prior consent, ask for your login password via telephone or email, and you should not disclose your login password to any third party. In addition, you are reminded that you shall sign out of your account and close the window of the browser after using the Services so as to prevent others from having access to your personal data.
Our Company shall comply with the requirements under the Ordinance, and shall endeavour to maintain the security and confidentiality of your personal data. However, if you are under 18 (or person under disability incapable), you shall not provide your personal data to Our Company unless and until you have obtained your parent’s or guardian’s consent.
Access to, correction or erasure of personal data
You have the right to access to, request for correction/rectification or erasure of your personal data. Any request shall be made in writing to Our Company’s data protection officer at [email protected] In any event, you have the right to refer any complaint to the relevant authority or to make enquiry with your own solicitors.
For question or enquiry about this Personal Data Privacy Statement, please contact Our Company’s data protection officer and email to: [email protected]
If there is any inconsistency or conflict between the English version and the Chinese version of this Personal Data Privacy Statement, the English version shall prevail.
All information and content contained in this website are provided solely for general information and reference purposes. MakerBay makes no statement, representation, warranty or guarantee as to the accuracy, reliability or timeliness of the information and content contained in this website.
Neither MakerBay nor any of its related company accepts any responsibility or liability for any direct or indirect loss or damage (whether in tort, contract or otherwise) which may be suffered or occasioned by any person howsoever arising due to any inaccuracy, omission, misrepresentation or error in respect of any information and content provided by this website (including any third-party websites accessed by hyperlinks through this website.)
If there is any inconsistency between the English and Chinese versions of this Disclaimer, the English version shall prevail.
The contents contained in this website are copyright protected. Except with the prior written permission of MakerBay and/or other relevant copyright owner, no person may download, duplicate, reproduce, edit, publish, make available or disseminate through whatever means this website or any content contained in whole or in part.
If there is any inconsistency between the English and Chinese versions of this Copyright Statement, the English version shall prevail.