TERMS AND CONDITIONS OF USE OF GEO DATA
  1. In these Terms and Conditions of Use of GEO Data (“Terms of Use”), “Data” mean the data and all contents provided by the Geotechnical Engineering Office (GEO) of the Civil Engineering and Development Department of the Government of the Hong Kong Special Administrative Region of the People’s Republic of China (“Government”) to the public on the websites of the Government. For the avoidance of doubt, “Data” include all data, digital maps, text, graphics, drawings, diagrams, photographs, compilation of data and other materials.
  2. In consideration of the Government providing the Data, you agree to accept unconditionally the Terms of Use. IF YOU DO NOT AGREE TO ACCEPT UNCONDITIONALLY THE TERMS OF USE, DO NOT USE THE DATA. By using the Data, you shall be deemed to have agreed to accept unconditionally the Terms of Use.
  3. The Terms of Use may be revised and/or amended from time to time by the Government without prior notice to any person. Please check the Terms of Use regularly for any revisions and/or amendments which may be made to the Terms of Use.
  4. The Data are provided by the Government to you on an “AS IS” basis. No statement, representation or warranty of any kind (whether express or implied) is given by the Government in relation to the Data (including without limitation the accuracy, completeness, non-infringement, reliability, security, timeliness and appropriateness of the Data for use for any purposes or in any particular circumstances). The Government shall not be liable for any errors, omissions, misstatements or misrepresentations (express or implied) concerning any Data, and shall not have or accept any liability, obligation or responsibility whatsoever for any loss, destruction or damage (including without limitation consequential loss, destruction or damage) howsoever arising from or in respect of any use, reproduction and/or distribution of or reliance on the Data, or any inability to use the Data.
  5. Topographic survey is normally not carried out for determining the spatial attributes of the Data. The boundaries and/or position of any spatial information of the Data are approximately shown for indication only. Any dimensions given in the Data (e.g. height, gradient, length, volume, etc.) are only approximately estimated based on field inspections subject to site constraints and limitations, including but not limited to access problems and presence of vegetation, structures and other obstacles. The information contained in the Data shall not be regarded as all the information possessed by the Government in relation to the subject matter(s) of the Data.
  6. The descriptions, presentation, representation, findings, interpretation, etc. contained in the Data are subject to a number of limitations, including but not limited to the methods adopted in data collection and the site conditions at the time of inspection. The Government makes no warranty or representation on the accuracy or correctness of any description, presentation, representation, findings, interpretation, etc. contained in the Data. You shall not rely solely on the information contained in the Data in making any decision, including but not limited to deciding whether or not to undertake any planning, study, construction, remedial or maintenance works.
  7. The Government shall under no circumstances whatsoever be responsible or liable for any loss or damage to any property or any injury suffered by or death occasioned to any person which may howsoever arise either directly or indirectly as a result of, in connection with or in relation to any use, reproduction and/or distribution of or reliance on the Data or in relation to any transmission from you to the Government or vice versa over the Internet.
  8. The Government reserves the right to revise, omit, edit or suspend the provision of the Data at any time in its absolute discretion without giving any reason or prior notice to any person (including you).
  9. The Government does not undertake to provide any updated version of the Data and reserves the right to suspend the provision of the Data at any time.
  10. You are allowed to browse, download, distribute, reproduce, hyperlink to, and print in their original format the Data for both commercial and non-commercial purposes on a free-of-charge basis on condition that:-
    • you shall comply with the Terms of Use;
    • you shall identify clearly the source of the Data and acknowledge the Government’s ownership of the intellectual property rights in the Data and in all copies thereof including but not limited to paper copies, digital copies and copies placed on other websites;
    • you shall indemnify the Government against any allegations or claims of infringement of the rights of any person and all costs, losses, damages and liabilities suffered or incurred by the Government, which in any case arise directly or indirectly as a result of, in connection with or in relation to your use, reproduction and/or distribution of or reliance on the Data; and
    • you shall give proper attribution to the Government.
  11. In paragraph 10, “commercial purposes” include without limitation the following:-
    • an offer to supply goods, services, facilities, land or an interest in land;
    • an offer to provide a business opportunity or an investment opportunity;
    • an advertisement or promotion of goods, services, facilities, land or an interest in land;
    • an advertisement or promotion of a business opportunity or an investment opportunity;
    • an advertisement or promotion of a supplier, or a prospective supplier, of goods, services, facilities, land or an interest in land; and
    • an advertisement or promotion of a provider, or a prospective provider, of a business opportunity or an investment opportunity,
    in the course of or in the furtherance of any business.
    12. Privacy Policy
  12. The Government may record visits to the Government’s websites for obtaining the Data without collecting your personal data. Information relating to visits to the Government’s websites is collected by the Government for the compilation of statistical reports and the diagnosis of problems with or concerning computer systems.
    13. Intellectual Property Rights
  13. Unless otherwise indicated, the Government is the owner of the intellectual property rights in all Data.
    14. Governing Laws
  14. The Terms of Use shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”). You agree to submit to the exclusive jurisdiction of the courts of Hong Kong in relation to any matters or dispute arising out of or in connection with or in relation to the Terms of Use.
    15. Severability
  15. If any provision of the Terms of Use is found by any authority or court of competent jurisdiction to be illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall not affect the other provisions of the Terms of Use, all of which shall remain in full force and effect.
    16. English Version Prevails
  16. In the event of any conflict or inconsistency between the English text and the Chinese translation of the Terms of Use, the English text shall prevail.