OPEN UP

TERMS OF SERVICE

IF YOU ARE IN DANGER OR NEED EMERGENCY HELP, CALL 999 OR YOUR LOCAL AUTHORITIES.

Open Up (“Open Up”) is a service provided jointly by The Boys’ & Girls’ Clubs Association of Hong Kong, Caritas Hong Kong, Hong Kong Children & Youth Services, The Hong Kong Federation Youth Groups, St. James' Settlement, in collaboration with The Hong Kong Jockey Club Centre for Suicide Research and Prevention, the University of Hong Kong (collectively, the “operators”, “we” or “us”). Our goal is to help [young] people who live in Hong Kong and aged between 11 to 35 in crisis by connecting individuals with volunteers and/or social workers for crisis support via the web, social media, and SMS. The service is free of charge and is available 24/7 in Hong Kong.

USE OF THIS SERVICE

Before using or accessing the service provided by Open Up (the “Service”), please read the following.

By accessing or using the Service, you agree to these Terms of Service (the “Terms of Service”) and the privacy policy described in the link provided below (the “Privacy Policy”).These Terms of Service and the Privacy Policy are collectively referred to as the “Terms”.

These Terms govern your access and use of the Service. You may contact us by email at info@openup.hk, if you have any questions about these Terms. If you don’t agree to these Terms, you may not use the Service. You can find a list of other hotlines including The Samaritan Befrienders Hong Kong 2389-2222, Samaritans Hong Kong 2896-0000, Suicide Prevention Services 2382-0000, Social Welfare Department Hotline 2343-2255, Hospital Authourity Psychiatric Hotline 2466-7350, Caritas Family Crisis Line 18288. If you no longer wish to receive messages, you may opt out at any time by texting the word STOP.

Modification of Terms and Conditions

These Terms may be modified from time to time to make sure that the Service works effectively and in accordance with law. Any changes will be effective immediately upon posting, so every time you access Open Up or the Service, you will be presented with the updated Terms. Your use of the Service after any modification of the Terms have been posted will constitute your acceptance of the revised Terms.

Nature and Use of Information Provided through This Service

Please remember that your participation in Open Up does not constitute medical or mental health care or treatment, and our relationship with you does not constitute an attorney-client relationship, a doctor-patient relationship, or any other sort of professional relationship between a licensed professional and its client. Our Service is not a substitute for professional health care or any other services offered by licensed professionals (e.g. lawyers). We urge you to seek the advice of licensed professionals, particularly your doctor or other qualified health professional with any questions you may have regarding a medical or mental health condition. If you believe you are experiencing a medical emergency, call your doctor or 999 immediately.

RISKS OF USE OF SERVICE

You assume all risk for use of the Service. Open Up and any of its volunteers, social worker, operators, or agents will not be liable for any decisions made, or results of the decisions made, or actions taken, by you or a third party while, as a result of, or after using Open Up , or based on reliance upon the information contained on or provided through Open Up . This includes whether you choose to seek or not seek professional care, or to modify or terminate specific treatment that you are currently receiving based on the information provided by the Service. You agree to indemnify us and hold us harmless for damages arising out of (a) your breach of these Terms, (b) your violation of the law, (c) claims asserted by third parties that you are in breach of these Terms, (d) information provided by you through the Service, or (e) your use of the Service. Without limiting the foregoing, in no event shall Open Up or any of its operators be liable for any special, incidental, consequential, or indirect damages.

The Service is provided on an “as is” basis and “as available” basis. Open Up and its operators expressly disclaim all warranties and conditions of any kind, whether express or implied and make no warranty or representation that Open Up will (a) meet your requirements; (b) be uninterrupted, timely, secure, error-free, bug-free, virus-free, or accurate; (c) be merchantable or fit for a particular purpose; or (d) meet your expectations. The foregoing disclaimers of liability apply to all damages or liability, including those caused by any failure of performance, error, omission, interruption, deletion, defect or delay in operation or transmission, whether for breach of contract, tortious behavior, including negligence, or any other cause of action.

Only Lawful Use

You agree to use Open Up’s service only for lawful purposes, and in a manner which does not infringe the rights of, or restrict, or inhibit the use and enjoyment of this site by any third party. Such restriction and inhibition includes, without limitation, conduct which is unlawful or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive material or disruption of normal flow of dialogue while using Open Up’s service.

We may unilaterally terminate your access to the Service at any time, including (a) if you violate these Terms, or (b) we determine that you’d be better served by a different kind of support.

Privacy Policy

Your privacy and security are very important to us.

Please refer to the following link for our privacy policy statement:

https://www.openup.hk/en-us/privacy-and-policy

YOU SHOULD ALSO PROTECT YOURSELF

Despite these protections, the Internet remains an imperfectly secure environment, and we cannot guarantee protection from intruders or interceptors. You agree to use the Service and submit information at your own risk. You agree that Open Up or any of its operators will have no liability regarding unauthorized access. We are not responsible for, and cannot control, what others not affiliated with Open Up do with information you provide to them.

THIRD PARTY SERVICES

You may contact us through approved third party websites, applications, or services (“Third Party Services”). However, these Terms only apply to you and Open Up. We are not responsible for, and make no representations regarding the policies or practices of any Third Party Services.If you contact us through a Third Party Service, you are subject to these Terms as well as the terms and policies of the Third Party Service. We encourage you to review the terms and policies of any Third Party Service you use to contact Open Up. If you do not wish to be subject to a Third Party Service’s terms or policies, please do not contact Open Up through a Third Party Service; instead you should contact us by using our web-based chat platform.

GOVERNING LAW: INTERNATIONAL USERS

These Terms and the provision of the Service is governed solely by, and shall be construed according to, the laws of Hong Kong without giving effect to principles of conflict of law. [ The Boys’ & Girls’ Clubs Association of Hong Kong, Caritas Hong Kong, Hong Kong Children & Youth Services, The Hong Kong Federation Youth Groups, St. James' Settlement, the University of Hong Kong ] and you both consent to the exclusive jurisdiction of the Hong Kong courts over all matters and disputes arising out of or in connection with the Service.

The Service is operated in Hong Kong. If you are located outside of Hong Kong, please be aware that any information you provide will be collected in or transferred to Hong Kong and used in accordance with Hong Kong laws. By using Open Up and/or providing us with your information, you consent to such collection, transfer, and use.

SEVERABILITY: ENTIRE AGREEMENT

If a court finds any provision of these Terms to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining Terms shall remain in full force and effect. These Terms constitute the entire agreement between you and Open Up, superseding any other written or oral agreements or understandings.