Terms & Conditions

Luke Interactive (Luke or “we”) provides its content on its websites or applications that post a link to this Terms of Use (the “Site”) subject to the following terms and conditions (the “Terms”). We may periodically change the Terms without prior notice, so please check back from time to time. These Terms were last updated on Dec 25, 2021. By accessing and using this Site, you agree to these Terms. For an explanation of Luke’s practices and policies related to the collection, use, and storage of our users’ information, please read our Privacy Policy.

Copyrights

All content and functionality on the Site, including text, graphics, logos, icons, images, and videos and the selection and arrangement thereof, in addition to any concepts, know-how, tools, frameworks, software, applications or other technology, algorithms, models, processes, and industry perspectives underlying or embedded in the foregoing, along with any enhancements to or derivative works thereof (the “Site Content”) is the exclusive property of Luke or its licensors and, to the extent applicable, is protected by international copyright laws. Neither the Site Content nor functionality of the Site, may be copied, reproduced, modified, reverse engineered, altered (including the removal or disabling of any security or technological safeguards, disclaimers, or legends) uploaded, published, uploaded, posted, transmitted, or distributed in any way without our written permission, except for those uses specified in Section 3 – Use of site content. All rights not expressly granted are reserved.

Trademarks

The trademarks, service marks, designs, and logos (collectively, the "Trademarks") displayed in connection with Luke are our registered and unregistered Trademarks and those of our licensors. You agree that, except as expressly permitted by us (or by our licensors, where applicable), you will not (i) refer to or attribute any information to us or our licensors in any public medium (e.g., press release, websites or public social media) for advertising or promotional purposes, or for the purpose of informing or influencing any third party or (ii) use or reproduce any Trademark of ours or our licensors, or imply any endorsement by or relationship with us or our licensors.

Use of site content

We hereby grants you a limited, non-exclusive, non-transferable, revocable license for the term hereof to access and download, display, and print one copy of the Site Content on any single computer solely for your internal, business use, provided that you do not modify the Site Content in any way (including creating derivative works thereof), that you retain all copyright and other proprietary notices displayed on the Site Content, and that you otherwise comply with these Terms. You may not otherwise reproduce, modify, reverse engineer, distribute, transmit, post, or disclose the Site Content without Luke’s prior written consent. In addition, you may not “mirror” the Site Content or any portion thereof without Luke’s express written consent. Nothing on this Site should be construed as granting directly or indirectly, or by implication any license or right to use any Luke intellectual property other than as expressly set forth herein. The license granted in this section terminates automatically and immediately if you do not comply with these Terms.

You may not attempt to gain access to any location, portion or feature of Luke, any User Account other than your own, or any other materials, information, data, networks or systems owned or operated by us or a third party on our behalf except where we intentionally make that access available to you by us. In addition, you agree not to use robots, spiders, scripts, data collection software or applications or web-scraping tools to scrape, or otherwise download or collect, including in bulk, any Luke Content, including User Content.

User Registration

In order to participate in certain aspects of Luke you, or your sponsoring organization (e.g., your employer or other organization or entity, including a professional organization, through which you are seeking to participate in Luke) (your "Sponsoring Organization"), acting on your behalf, must first register with us by creating a user account (a "User Account"). To create a User Account, you or your Sponsoring Organization must provide to us, either directly or indirectly (e.g., by authorizing a third-party site such as LinkedIn to provide to us), your first and last name and an email address. You also will be asked to create a username and password for your account. For certain functionalities, you or your Sponsoring Organization may also be required to provide additional information at registration or invited to provide additional optional information such as your biographical, demographic, employment and/or other information. All of this information comprises your "User Account Information.".

You agree that you and your Sponsoring Organization will provide us only with accurate User Account Information and notify us promptly of any changes. You also acknowledge that you are responsible for maintaining the privacy and security of your User Account name and password. You may not share access to your User Account for any reason with any third party, except your Sponsoring Organization. If you believe the privacy or security of your User Account has been compromised, you must notify us immediately. Our use of your User Account Information is subject to our Privacy Policy and these Terms.

We may retain User Account Information, in accordance with the terms of the Privacy Policy, including to ensure compliance with these terms and any applicable legal requirements, to modify and improve Luke and our related service offerings, as well as for any other purposes authorized by these Terms or our Privacy Policy.

User Content

In connection with your use of Luke, you may have the opportunity to submit, post, publish, distribute, or otherwise share information, images, videos, materials, data or other content, including without limitation: posts to discussion forums or message boards; survey, questionnaire, or assessment responses; work product (in electronic or physical form) in connection with courses or other activities offered through Luke; modifications to or commentary about Luke Content or other work product of Luke users; and feedback or comments about Luke, including courses or services provided or considered for provision in connection with Luke (collectively, "User Content"). You acknowledge and agree that, by providing us any such User Content, you grant us a worldwide, non-exclusive, transferable, assignable, sublicensable, fully paid-up, royalty-free, perpetual, irrevocable license and right to use, reproduce, publish, distribute, modify and otherwise exploit such User Content for any purpose, and in any form or media, not prohibited by applicable law. You also grant to other users of the Luke services a non-exclusive license to access, reproduce and use such User Content. In addition, you hereby waive any claims against us for any alleged or actual infringement of any rights of privacy or publicity, intellectual property rights, moral rights, or rights of attribution in connection with our use or that of our authorized users of such User Content as permitted by these Terms.

You covenant that you shall not submit or upload to, or otherwise publish or make available through, Luke, or otherwise provide to us, any User Content that (a) is threatening, libelous, defamatory, or obscene; (b) would constitute, or that encourages conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate applicable law; (c) infringes the intellectual property, privacy, publicity, or other rights of any third parties; (d) contains a computer virus or other malicious or destructive element; (e) contains advertising; (f) constitutes or contains false or misleading statements, including for the purpose of misrepresenting your identity or your reason or intent in accessing Luke or providing any such User Content; (g) violates these Terms or is designed to interfere, or would reasonably be expected to interfere, with our provision of Luke and the reasonable use and enjoyment of other users of the same or (h) violates any applicable policy or requirement of your Sponsoring Organization.

We do not and cannot review all User Content, and we are not responsible to you or any other party with respect to any User Content provided or made available in connection with Luke. We reserve the right to refuse to accept or publish any User Content, and to remove any previously accepted or published User Content, at our discretion.

Notices of Infringement and Takedown

In addition to the limitations on User Content set forth in Section 5, we prohibit the posting of any information in connection with Luke that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content available through Luke, please write to us at the address shown below, giving a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner's behalf to assert infringement of the right. Upon our receipt of such a statement (or any statement in conformance with 17 U.S.C. Section 512(c)(3)), we will remove any posted material that infringes the copyright or other intellectual property right of any person under U.S. law. U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions. Our contact for submission of notices under this Section 6 is set forth in the "Contact Us" Section of these Terms.

Disclaimers

Luke IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, WE MAKE NO WARRANTY OR REPRESENTATION THAT (I) ANY SITE, MOBILE OFFERING OR ANY OTHER ASPECT OF Luke WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, CONTINUE TO BE MADE AVAILABLE, OR IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS THEREIN WILL BE IDENTIFIED OR CORRECTED OR (II) THAT Luke, ANY SITE OR MOBILE OFFERING, THE Luke CONTENT, ANY USER CONTENT PROVIDED IN CONNECTION WITH Luke OR ANY OF THE COURSES OR SERVICES PROVIDED TO YOU DIRECTLY OR INDIRECTLY AS PART OF Luke WILL MEET YOUR NEEDS OR EXPECTATIONS. WE ARE NOT, AND Luke AND THE COURSES OFFERED IN CONNECTION THEREWITH ARE NOT OFFERED BY, AN ACCREDITED EDUCATIONAL PROVIDER. NEITHER WE NOR OUR THIRD PARTY CONTENT PROVIDERS OR LICENSORS MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, RELEVANCE OR ADEQUACY OF THE Luke CONTENT OR ANY USER CONTENT. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, WE SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION, MATERIALS, CONTENT, OR SERVICES PUBLISHED OR MADE AVAILABLE ON LINKED WEBSITES, CONTAINED IN ANY USER CONTENT PUBLISHED ON OR MADE AVAILABLE TO YOU THROUGH Luke, OR PROVIDED BY THIRD PARTIES, INCLUDING APPLICABLE MOBILE PLATFORM PROVIDERS (AS SUCH TERM IS DEFINED IN THE PRIVACY POLICY). EXCEPT AS PROHIBITED BY LAW, NEITHER WE NOR OUR THIRD PARTY LICENSORS AND CONTENT PROVIDERS, INCLUDING APPLICABLE MOBILE PLATFORM PROVIDERS, SHALL BE LIABLE TO YOU, YOUR SPONSORING ORGANIZATION OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LOSSES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY, IN CONNECTION WITH YOUR USE OF Luke, ANY SITE OR MOBILE OFFERING, OR ANY Luke CONTENT OR USER CONTENT, OR ANY ACTION, INACTION OR DECISION TAKEN BY YOU OR ANY OTHER PARTY IN CONNECTION THEREWITH. IN NO EVENT SHALL OUR AGGREGATE LIABILITY WITH RESPECT TO ALL CLAIMS, ACTIONS AND EVENTS ARISING OUT OF OUR PROVISION TO YOU OF Luke EXCEED THE CUMULATIVE FEES, IF ANY, RECEIVED BY Luke FROM YOU IN CONNECTION WITH YOUR USE OF Luke DURING THE PRECEDING TWELVE MONTHS.

Third Party Websites & Providers

Luke may use third parties to host, support, or otherwise provide its services. You acknowledge and agree that we may provide such third parties with access to Luke and any User Content you provide us for any purpose consistent with these Terms and our Privacy Policy.

Without limiting anything in this Section, we are collaborating with third parties in order to help develop, provide and improve Luke. As part of our collaboration with such third parties, certain aspects of Luke may be developed, hosted, maintained, supported and/or delivered in whole or in part by third parties, either directly or indirectly. In connection therewith, such third party service providers may also receive access to User Content, User Account Information and other information about your use of Luke. Consistent with our Privacy Policy, the third parties are required to maintain the confidentiality of User Account information and your use of Luke to which it may have access in connection with its provision of the services and support described above.

In addition, certain Mobile Offerings may be made available to you through third party websites, applications or platforms operated by a third party (a "Mobile Platform Provider"), for example through a mobile app store. These Mobile Platform Providers are subject to separate and independent terms of use and privacy policies, which apply to your use of their websites, applications and/or platforms, and any related services they provide. They are not subject to our control. Without limiting the foregoing, you acknowledge that no Mobile Platform Provider has any control over, nor makes any warranty or shall have any liability to you for, Luke, and any claim or dispute by you in connection therewith shall be governed by these Terms. Where required by our agreement with such Mobile Platform Provider, such Mobile Platform Provider is a third party beneficiary of this paragraph of these Terms and may enforce these Terms against you.

Certificates

In our sole discretion we may choose to offer a certificate, statement or other documentation to you and/or your Sponsoring Organization if you satisfy certain criteria (e.g., course completion) in connection with one or more courses or programs made available to you through Luke (a "Certificate"). The issuance of a Certificate to you and/or your Sponsoring Organization, and the criteria governing such issuance, are solely within our discretion and may be changed at any time. In addition, you acknowledge that (a) your receipt of a Certificate, if any, does not represent an endorsement by us and (b) we are not an accredited educational institution, nor have we sought any such accreditation, and any such Certificate does not convey any academic credit or standing. You agree that you will not seek to obtain a Certificate through any false, misleading, or unlawful means, or misrepresent to the public or to any third party the nature, content or terms of issuance of any such Certificate.

Termination; Discontinuation

In our sole discretion, we may terminate your use of and participation in Luke upon notice to you. In addition to the disclaimers set forth in Section 7, you acknowledge and agree that we reserve the right in our sole discretion to cancel, delay, reschedule, or alter the format of any course or service offered through Luke, or to cease providing all or part of Luke or related services. We shall have no liability to you or any third party for changes to Luke or your right to access it (including through termination of your Account). If you no longer desire to have access to Luke, you may stop your participation in Luke at any time. The rights granted to you hereunder will terminate automatically upon any termination of your right to use Luke, as applicable; provided, however, that any license granted to you by us and any provision of these Terms or the Privacy Policy necessary to enforce or exercise your or our rights or obligations hereunder shall survive the termination of these Terms.

These Terms of Use are intended to supplement any other agreement or terms between us that may otherwise be applicable to Luke. In the event of any conflict or inconsistency between these Terms of Use and any other agreement or terms, these Terms of Use will take precedence and supersede any such other conflicting or inconsistent terms or agreements to the extent relating to Luke.

Contact Us

If you have any questions about our Terms & Conditions or if you would like to communicate with us, please contact us at:

Luke Interactive +852 6993 0511 luke@luke.hk