Terms and Conditions
Effective Date: 1 August 2024
The following terms and conditions (the “Terms”) apply to our provision and your use of the information and materials (“Online Content”) and services (“Services”) through the Legal Marvel platform (the “Platform”) operated by Marvel Creation Limited, including you visiting and browsing the Platform as a visitor (a “Visitor”) or registering with and/or paying for the Online Content and Services on the Platform as a user (a “User”). Please read these Terms carefully. These Terms are not negotiable. If you do not agree to them, you must stop using the Platform immediately. Your continued use of the Platform and/or the Services either on and after the Effective Date above constitutes your expressed acceptance of, and agreement to be bound by the Terms as in force from time to time. The same applies to the privacy policy.
1. About Us
1.1 In these Terms, references to “we”, “us” or “our” are to Marvel Creation Limited, a company incorporated in Hong Kong whose registered address is at Unit 24B, Cheung Lee Industrial Building, 9 Cheung Lee Street, Chai Wan, Hong Kong.
1.2 In these Terms, references to “you” or “your” are references to you whether as a Visitor or User.
1.3 The Platform offers Online Content and Services from various content and course providers.
1.4 “Online Content” means the content provided on the Platform, including but not limited to the videos on various legal related subject matters.
1.5 “Services” means the services offered by us to acquire accreditation of the continuing professional development points (“CPD Points”) under the Continuing Professional Development Scheme from the Law Society of Hong Kong for the video courses on our Platform, track your attendance, provide quizzes after taking the video courses and issue a certificate of completion (the “Certificate of Completion”).
2. Using Legal Marvel
2.1 By visiting or using the Platform, you confirm that you have read, agree and are in compliance with these Terms and the Policies (each as amended from time to time).
2.2 You may use the Platform only if you:
(a) can form a binding contract with us;
(b) comply with these Terms and all applicable laws; and
(c) are over the age at which you can provide consent to data processing under the laws of your country.
2.3 Any violation of our Terms, applicable laws, or Policies may result in your access to all or part of the Services being suspended, disabled, or terminated.
2.4 When you create your Platform account, and when you subsequently use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete. You are entirely responsible for safeguarding and maintaining the confidentiality of your Platform account, including the username and password. You also agree that you will create, access, and/or use only one user account, unless expressly permitted by us, and you will not share access to your account or access information for your account with any third party.
2.5 Subject to these Terms and our Policies, we grant you a limited, personal, non-exclusive, non-transferable, and revocable license right to use our Online Content and Services. The rights granted herein are only for your personal, non-commercial use, unless you obtain our written permission otherwise. You agree not to use or access the Platform for any commercial uses or for the benefit of any third party, including but not limited to the sale of access to the Online Content and Services or any associated content. Using our Online Content and Services does not give you ownership of or any intellectual property rights in our Online Content or Services or the content you access.
2.6 Any use of our Online Content and Services for commercial purposes is strictly prohibited. Any commercial use must be subject to a separate agreement with us.
2.7 You agree to use the Platform only for lawful purposes and your use of the Platform is in no way unlawful or fraudulent.
2.8 You agree not to distribute all or any part and content of the Platform, including but not limited to the Online Content, in any medium without our prior written consent.
2.9 You agree not to access the Platform through any technology other than the software provided by us or other generally available third-party web browsers such as Chrome, Firefox or Safari.
2.10 You agree not to and will not attempt to circumvent, disable or otherwise interfere with any security related features of the Platform or any features that: (i) prevent or restrict use or copying of content; or (ii) enforce any limitations on you, the use of the Platform or access to the Online Content and Services.
2.11 You agree not to knowingly transmit any data or send or submit any content that contains viruses, Trojan horses, worms, time-bombs, key-stroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
2.12 You agree to use the Platform in a way which does not infringe the rights of third parties or restrict or prevent anyone else’s use and enjoyment of the Platform.
2.13 You will not copy, reproduce, create derivative works of, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content contained on the Platform (including without limitation the Online Content and Services) for any purpose other than as permitted by these Terms without our prior written consent.
2.14 We welcome your suggestions, ideas, comments, and other feedback regarding the Online Content and Services (“Feedback”). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, we do not waive any rights to use similar or related Feedback previously known to us, developed by our employees, contractors, or obtained from other sources.
2.15 You consent to the use of the community function whereby users of the platform are able to see your profile information, the courses which you attended and/or completed, the messages you post in the community forum etc. You also consent to receive messages from other users of the platform.
2.16 You should not transfer your account to other persons. Each person should use their own account.
3. Online Content and Services offered on the Platform
3.1 The Online Content is freely accessible.
3.2 To acquire CPD Points, we charge a fee for our Services. The fee charged is published on the Platform and may be revised from time to time. In order to acquire the CPD Points, you are required to complete the procedures as indicated on the Platform. Your failure to complete the procedures may prevent you from acquiring the CPD Points. We do not guarantee your successful acquisition of CPD Points and we shall not be liable if you fail to acquire the CPD Points.
3.3 While we offer Online Content and Services, we reserve the right to cancel, interrupt, reschedule, or modify any Online Content and Services without prior notification.
3.4 Through the Online Content and Services, you will have the ability to access content provided by content providers and links to websites and services maintained by third parties. We cannot guarantee that such third-party content will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. We disclaim any responsibility or liability related to your access or use of, or inability to access or use, such third-party content.
3.5 The Online Content and Services are subject to the Disclaimers and Limitation of Liability sections below.
4. Intellectual property rights
We are the owner or the licensee of all necessary intellectual property rights in all aspects of the Platform and its Online Content, including but not limited to the technology, source code, all content, software, scripts, images, graphics and audio (the “IPR”). The IPR is protected to the fullest extent possible by copyright laws. All such rights are reserved. You agree that the IPR remain the property of us or the licensor, as applicable, and that all updates and modifications to the IPR will vest in us or the licensor, as applicable. You also agree that you have no rights in or to the IPR other than the right to use it in accordance with the Terms.
5. Payment
5.1 The fees of our Services are published on the Platform and may be revised from time to time.
5.2 Unless otherwise stated, fees are in Hong Kong dollar.
5.3 You are responsible for paying all fees charged by us and taxes (if applicable) with a payment mechanism associated with the applicable Services. If your payment method fails, we may collect the fees using other collection mechanisms. Meanwhile, we may suspend or terminate our Services to you.
5.4 Unless otherwise agreed, the fees are non-refundable.
5.5 Annual subscription will be automatically renewed on a yearly basis. If you do not wish to renew on your next billing cycle, you will have to manually cancel your subscription before the next billing cycle.
6. Privacy and data protection
6.1 We will use personal information collected from you for the purposes of (a) providing access to and use of the Platform, Online Content and Services, (b) providing customer support, billing and other similar activities related to the access to and use of the Platform, Online Content and Services, (c) keeping you informed of the products, services, offers and upcoming events and to improve our services, (d) generating your Certificate of Completion, (e) notifying the Law Society of Hong Kong that you have successfully completed online course(s), (f) developing new features and services that require the use of personal data in new ways (where applicable).
6.2. You agree and consent to us using your personal data provided pursuant to these Terms for direct marketing offers and other related marketing and promotional activities, including but not limited to the following:- (a) latest developments in the legal and/or business industry; (b) marketing and promotional materials on our products and services; (c) updates on upcoming events and seminars; and (d) survey forms to obtain feedback on our products and services. If you do not wish to receive information about other products, services, offers and events, please notify us in writing via admin@legalmarvel.com. You further warrant that the consent obtained is true and accurate and that the data subject provides any and all necessary personal data for the purposes of these Terms voluntarily and that such consent extends to the exportation as aforementioned.
6.3 The collection and use of personal information by us in the course of providing the Services will be in accordance with our privacy policy as published on the Platform, which may be amended from time to time.
7. Modifying or terminating our Services
7.1 For the purpose of upgrading and maintaining the Platform, we may add or remove functions, features, or requirements, and we may suspend or stop part of our Services altogether.
7.2 We have the right to suspend or terminate Services to you at any time without any refund to you if you are in breach of or suspected of breaching the Terms. All provisions relating to intellectual property rights, payment of fees, disclaimers, limitation of liability, indemnification, governing law and venue shall survive the expiration or earlier termination of these Terms.
8. Disclaimers
8.1 To the maximum extent permitted by law, the Online Content and Services and all content on the Platform are provided on an “as is” basis without warranty of any kind, either express or implied. We specifically disclaim any and all conditions, warranties and liabilities in relation to (i) the merchantability, fitness for a particular purpose, non-infringement and any warranties arising out of the course of dealing or usage of trade; (ii) the uninterrupted, timely, secured or error-free access or use of the Platform, the Online Content and Services; (iii) the quality, completeness, truthfulness, accuracy or reliability of the Online Content. You acknowledge and agree that any access to or use of the aforesaid is at your own risk.
8.2 The Online Content does not constitute legal advice and we are not liable for any mistake, misrepresentation, and defamatory, offensive or illegal conducts in relation to and associated with the Online Content.
8.3 While we work to protect the security of your account and related information, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. We shall not be responsible for any loss and damage suffered if this happens.
9. Limitation of Liability
9.1 To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Platform; (b) any conduct or content of any party or third-parties which constitute mistake, misrepresentation, and defamatory, offensive or illegal conducts in relation to and associated with the Platform, including but not limited to the Online Content.
9.2 You agree that any cause of action related to the Services must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
10. Indemnification
You agree to indemnify, defend, and hold harmless Marvel Creation Limited from any and all claims, liabilities, expenses, and damages (to the extent attributable to you under the applicable law), including reasonable legal fees and costs, made by any third party related to: (a) your use or attempted use of the Online Content and Services in violation of these Terms and (b) your violation of any law or rights of any third party, including but not limited to any claim of infringement or misappropriation of intellectual property or other proprietary rights.
11. Governing law and venue
This Agreement is governed by and shall be construed in accordance with the laws of Hong Kong for the time being in force and the parties hereto hereby irrevocably submit to the exclusive jurisdiction of the Hong Kong courts in connection herewith.
12. Revisions to the Terms
We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes. Your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.
13. Severability and waiver
If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have (such as taking action in the future).
14. Content providers
Our Content providers and integrated service providers are third party beneficiaries of the Terms and may enforce those provisions of the Terms that relate to them.
15. Force majeure
We will not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, lockouts, or shortages of transportation, facilities, fuel, energy, labor or materials. In the event of any such delay, we will be excused from such performance to the extent it is delayed or prevented by such cause. 16. Entire agreement These Terms constitute the entire agreement between the parties with respect to its subject matter and it supersedes all prior or contemporaneous agreements concerning such matter.
The following terms and conditions (the “Terms”) apply to our provision and your use of the information and materials (“Online Content”) and services (“Services”) through the Legal Marvel platform (the “Platform”) operated by Marvel Creation Limited, including you visiting and browsing the Platform as a visitor (a “Visitor”) or registering with and/or paying for the Online Content and Services on the Platform as a user (a “User”). Please read these Terms carefully. These Terms are not negotiable. If you do not agree to them, you must stop using the Platform immediately. Your continued use of the Platform and/or the Services either on and after the Effective Date above constitutes your expressed acceptance of, and agreement to be bound by the Terms as in force from time to time. The same applies to the privacy policy.
1. About Us
1.1 In these Terms, references to “we”, “us” or “our” are to Marvel Creation Limited, a company incorporated in Hong Kong whose registered address is at Unit 24B, Cheung Lee Industrial Building, 9 Cheung Lee Street, Chai Wan, Hong Kong.
1.2 In these Terms, references to “you” or “your” are references to you whether as a Visitor or User.
1.3 The Platform offers Online Content and Services from various content and course providers.
1.4 “Online Content” means the content provided on the Platform, including but not limited to the videos on various legal related subject matters.
1.5 “Services” means the services offered by us to acquire accreditation of the continuing professional development points (“CPD Points”) under the Continuing Professional Development Scheme from the Law Society of Hong Kong for the video courses on our Platform, track your attendance, provide quizzes after taking the video courses and issue a certificate of completion (the “Certificate of Completion”).
2. Using Legal Marvel
2.1 By visiting or using the Platform, you confirm that you have read, agree and are in compliance with these Terms and the Policies (each as amended from time to time).
2.2 You may use the Platform only if you:
(a) can form a binding contract with us;
(b) comply with these Terms and all applicable laws; and
(c) are over the age at which you can provide consent to data processing under the laws of your country.
2.3 Any violation of our Terms, applicable laws, or Policies may result in your access to all or part of the Services being suspended, disabled, or terminated.
2.4 When you create your Platform account, and when you subsequently use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete. You are entirely responsible for safeguarding and maintaining the confidentiality of your Platform account, including the username and password. You also agree that you will create, access, and/or use only one user account, unless expressly permitted by us, and you will not share access to your account or access information for your account with any third party.
2.5 Subject to these Terms and our Policies, we grant you a limited, personal, non-exclusive, non-transferable, and revocable license right to use our Online Content and Services. The rights granted herein are only for your personal, non-commercial use, unless you obtain our written permission otherwise. You agree not to use or access the Platform for any commercial uses or for the benefit of any third party, including but not limited to the sale of access to the Online Content and Services or any associated content. Using our Online Content and Services does not give you ownership of or any intellectual property rights in our Online Content or Services or the content you access.
2.6 Any use of our Online Content and Services for commercial purposes is strictly prohibited. Any commercial use must be subject to a separate agreement with us.
2.7 You agree to use the Platform only for lawful purposes and your use of the Platform is in no way unlawful or fraudulent.
2.8 You agree not to distribute all or any part and content of the Platform, including but not limited to the Online Content, in any medium without our prior written consent.
2.9 You agree not to access the Platform through any technology other than the software provided by us or other generally available third-party web browsers such as Chrome, Firefox or Safari.
2.10 You agree not to and will not attempt to circumvent, disable or otherwise interfere with any security related features of the Platform or any features that: (i) prevent or restrict use or copying of content; or (ii) enforce any limitations on you, the use of the Platform or access to the Online Content and Services.
2.11 You agree not to knowingly transmit any data or send or submit any content that contains viruses, Trojan horses, worms, time-bombs, key-stroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
2.12 You agree to use the Platform in a way which does not infringe the rights of third parties or restrict or prevent anyone else’s use and enjoyment of the Platform.
2.13 You will not copy, reproduce, create derivative works of, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content contained on the Platform (including without limitation the Online Content and Services) for any purpose other than as permitted by these Terms without our prior written consent.
2.14 We welcome your suggestions, ideas, comments, and other feedback regarding the Online Content and Services (“Feedback”). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, we do not waive any rights to use similar or related Feedback previously known to us, developed by our employees, contractors, or obtained from other sources.
2.15 You consent to the use of the community function whereby users of the platform are able to see your profile information, the courses which you attended and/or completed, the messages you post in the community forum etc. You also consent to receive messages from other users of the platform.
2.16 You should not transfer your account to other persons. Each person should use their own account.
3. Online Content and Services offered on the Platform
3.1 The Online Content is freely accessible.
3.2 To acquire CPD Points, we charge a fee for our Services. The fee charged is published on the Platform and may be revised from time to time. In order to acquire the CPD Points, you are required to complete the procedures as indicated on the Platform. Your failure to complete the procedures may prevent you from acquiring the CPD Points. We do not guarantee your successful acquisition of CPD Points and we shall not be liable if you fail to acquire the CPD Points.
3.3 While we offer Online Content and Services, we reserve the right to cancel, interrupt, reschedule, or modify any Online Content and Services without prior notification.
3.4 Through the Online Content and Services, you will have the ability to access content provided by content providers and links to websites and services maintained by third parties. We cannot guarantee that such third-party content will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. We disclaim any responsibility or liability related to your access or use of, or inability to access or use, such third-party content.
3.5 The Online Content and Services are subject to the Disclaimers and Limitation of Liability sections below.
4. Intellectual property rights
We are the owner or the licensee of all necessary intellectual property rights in all aspects of the Platform and its Online Content, including but not limited to the technology, source code, all content, software, scripts, images, graphics and audio (the “IPR”). The IPR is protected to the fullest extent possible by copyright laws. All such rights are reserved. You agree that the IPR remain the property of us or the licensor, as applicable, and that all updates and modifications to the IPR will vest in us or the licensor, as applicable. You also agree that you have no rights in or to the IPR other than the right to use it in accordance with the Terms.
5. Payment
5.1 The fees of our Services are published on the Platform and may be revised from time to time.
5.2 Unless otherwise stated, fees are in Hong Kong dollar.
5.3 You are responsible for paying all fees charged by us and taxes (if applicable) with a payment mechanism associated with the applicable Services. If your payment method fails, we may collect the fees using other collection mechanisms. Meanwhile, we may suspend or terminate our Services to you.
5.4 Unless otherwise agreed, the fees are non-refundable.
5.5 Annual subscription will be automatically renewed on a yearly basis. If you do not wish to renew on your next billing cycle, you will have to manually cancel your subscription before the next billing cycle.
6. Privacy and data protection
6.1 We will use personal information collected from you for the purposes of (a) providing access to and use of the Platform, Online Content and Services, (b) providing customer support, billing and other similar activities related to the access to and use of the Platform, Online Content and Services, (c) keeping you informed of the products, services, offers and upcoming events and to improve our services, (d) generating your Certificate of Completion, (e) notifying the Law Society of Hong Kong that you have successfully completed online course(s), (f) developing new features and services that require the use of personal data in new ways (where applicable).
6.2. You agree and consent to us using your personal data provided pursuant to these Terms for direct marketing offers and other related marketing and promotional activities, including but not limited to the following:- (a) latest developments in the legal and/or business industry; (b) marketing and promotional materials on our products and services; (c) updates on upcoming events and seminars; and (d) survey forms to obtain feedback on our products and services. If you do not wish to receive information about other products, services, offers and events, please notify us in writing via admin@legalmarvel.com. You further warrant that the consent obtained is true and accurate and that the data subject provides any and all necessary personal data for the purposes of these Terms voluntarily and that such consent extends to the exportation as aforementioned.
6.3 The collection and use of personal information by us in the course of providing the Services will be in accordance with our privacy policy as published on the Platform, which may be amended from time to time.
7. Modifying or terminating our Services
7.1 For the purpose of upgrading and maintaining the Platform, we may add or remove functions, features, or requirements, and we may suspend or stop part of our Services altogether.
7.2 We have the right to suspend or terminate Services to you at any time without any refund to you if you are in breach of or suspected of breaching the Terms. All provisions relating to intellectual property rights, payment of fees, disclaimers, limitation of liability, indemnification, governing law and venue shall survive the expiration or earlier termination of these Terms.
8. Disclaimers
8.1 To the maximum extent permitted by law, the Online Content and Services and all content on the Platform are provided on an “as is” basis without warranty of any kind, either express or implied. We specifically disclaim any and all conditions, warranties and liabilities in relation to (i) the merchantability, fitness for a particular purpose, non-infringement and any warranties arising out of the course of dealing or usage of trade; (ii) the uninterrupted, timely, secured or error-free access or use of the Platform, the Online Content and Services; (iii) the quality, completeness, truthfulness, accuracy or reliability of the Online Content. You acknowledge and agree that any access to or use of the aforesaid is at your own risk.
8.2 The Online Content does not constitute legal advice and we are not liable for any mistake, misrepresentation, and defamatory, offensive or illegal conducts in relation to and associated with the Online Content.
8.3 While we work to protect the security of your account and related information, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. We shall not be responsible for any loss and damage suffered if this happens.
9. Limitation of Liability
9.1 To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Platform; (b) any conduct or content of any party or third-parties which constitute mistake, misrepresentation, and defamatory, offensive or illegal conducts in relation to and associated with the Platform, including but not limited to the Online Content.
9.2 You agree that any cause of action related to the Services must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
10. Indemnification
You agree to indemnify, defend, and hold harmless Marvel Creation Limited from any and all claims, liabilities, expenses, and damages (to the extent attributable to you under the applicable law), including reasonable legal fees and costs, made by any third party related to: (a) your use or attempted use of the Online Content and Services in violation of these Terms and (b) your violation of any law or rights of any third party, including but not limited to any claim of infringement or misappropriation of intellectual property or other proprietary rights.
11. Governing law and venue
This Agreement is governed by and shall be construed in accordance with the laws of Hong Kong for the time being in force and the parties hereto hereby irrevocably submit to the exclusive jurisdiction of the Hong Kong courts in connection herewith.
12. Revisions to the Terms
We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes. Your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.
13. Severability and waiver
If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have (such as taking action in the future).
14. Content providers
Our Content providers and integrated service providers are third party beneficiaries of the Terms and may enforce those provisions of the Terms that relate to them.
15. Force majeure
We will not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, lockouts, or shortages of transportation, facilities, fuel, energy, labor or materials. In the event of any such delay, we will be excused from such performance to the extent it is delayed or prevented by such cause. 16. Entire agreement These Terms constitute the entire agreement between the parties with respect to its subject matter and it supersedes all prior or contemporaneous agreements concerning such matter.
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