Terms of Service

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.

5.2 You have a right to access and correct your personal data. Details can be found in the Data Privacy Policy on our website.

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.

8. Changes

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.

10. Non-Disclosure

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.

11. Liability

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. Termination

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.

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私隱政策

Personal Data Privacy Policy

收集個人資料聲明及私隱政策

更新日期: 2020年12月29日

MakerBay 及其關聯公司 (統稱，“本公司”) 尊重你的私隱，並會按本私隱政策聲明及《個人資料(私隱)條例》(“該條例”) 的規定收集、使用及處理你的個人資料，請你詳細閱讀本私隱政策聲明並確保清楚及完全明白內容。

收集個人資料聲明

1. 本公司向你提供「服務」時可能以多於一種方法及途徑向你收集個人資料，並會按本私隱政策聲明所述的目的使用及處理你的個人資料，若本公司欲使用及處理你的個人資料作其他目的/用途，本公司將會再向你提供相關資訊並取得你的同意後才會使用及處理你的個人資料。「服務」是指由本公司所提供的媒體平台 (包括本公司網站 MakerBay (“本網站”))、應用程式 (包括流動應用程式)、電子報、軟件、會員登記/登記用戶、個人化服務、刊登分類廣告、推廣優惠活動、遊戲及/或其他產品/服務。

2. 當你使用服務，包括登入本網站瀏覽、使用或下載可供下載軟件或透過本網站向本公司提供資料時，即表示你已閱讀本私隱政策聲明及同意本公司可按本私隱政策聲明收集、使用及/或處理你的個人資料。

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.

 

收集和使用個人資料的目的

4. 本公司向你收集的個人資料會用於以下用途 (或其中任何一項)：

4.1 向你提供服務及執行和管理本公司向你提供的服務；

4.2 處理申請會員登記或登記用戶及管理你的會員/登記戶口；

4.3 識別及核實你的身份以確定你有權享用服務；

4.4 跟進及處理與服務有關事宜，如聯絡、查詢及投訴；

4.5 進行推廣優惠活動及向你提供新資訊和消息(包括通知你有關本公司之產品/服務的信息)；

4.6 進行問卷調查、數據分析或研究，以助本公司了解你及其他用戶的需要、提升或改善服務素質、發展業務及設計合適的服務；

4.7 調查投訴或申索；

4.8 登記及管理本公司或本公司與第三者舉辦或推廣之活動、遊戲或比賽；

4.9 與其他資料合併進行分析及統計以開拓本公司業務或向潛在商業合作伙伴、廣告商及其他第三者介紹本公司的服務及相關用途；

4.10 防止及偵測罪行及根據監管機構或法例 (如法庭命令) 要求作出披露及協助或為遵守現時及將來香港特別行政區 (“香港”) 境內或香港境外存在的任何法律、法例、規定或法庭命令而履行本公司的責任；

4.11 與本公司日常營運或運作有關的目的，包括但不限於確保服務如常運作、改善服務的安全性及可靠性或技術問題及為履行本公司因提供服務所產生應負的法律義務時；

4.12 保障本公司利益及任何與上述事項相關的目的/用途。

5. 當本公司要求你提供個人資料時，你有權自行決定是否提供而並不一定要提供。但若你未能提供所需資料或所提供的資料不足或不正確，本公司未必可以向你提供服務，而你亦可能無法享用服務。

 

披露/轉移個人資料

6. 本公司不會將你的個人資料出售給任何人，但本公司會將你的個人資料披露或轉移予MakerBay 及其附屬公司或關聯公司，以便提供服務及/或作直接促銷/推廣用途。

 

直接促銷活動

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]

 

保安

本公司會將你的個人資料保密處理，並會刪除不再需要作原有用途的個人資料。

你的會員登記戶口和其他登記戶口均有密碼保護，你的登入密碼及／或任何登記戶口資料之保密性必須由你本人負責。本公司不會在未經你同意的情況下透過電話或電子郵件詢問你的登入密碼，你亦不應把登入密碼透露給任何人。此外，本公司提醒你應在使用服務後登出登記戶口並關閉瀏覽器視窗才可防止別人讀取你的個人資料。

 

私隱政策

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.

 

查閱、改正或刪除個人資料

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]

本私隱政策聲明的中、英文版本有任何抵觸或衝突，須以英文版本為準。 

 

免責條款

本網站提供的資料及內容只供一般資訊及參考之用，MakerBay 並不對本網站所提供之資料及內容的準確性、可靠性或及時性作出任何聲明、陳述、保證或擔保。

就任何因本網站提供之任何資料或內容（包括透過超連結方式經本網站進入的任何第三者網站）的任何差誤、遺漏、失實陳述或錯誤而令任何人士遭受或涉及的任何直接或間接損失或損害（不論是按侵權法、合約法或其他依據），MakerBay 及任何與其關連之公司概不承擔任何責任或法律責任。

 

倘若本免責條款的英文本與中文本有任何抵觸，概以英文本為準。

 

版權聲明

本網站內所載之內容受版權保護。除得到 MakerBay 及/或其他相關版權擁有人事先書面同意外，任何人不可下載、複製、複印、編輯、發表、提供或經任何渠道發布本網站或其全部或任何部分內容。

 

倘若本版權聲明的英文本與中文本有任何抵觸，概以英文本為準。

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