LEGAL TERMS AND CONDITIONS

PART A: TERMS OF USE STATEMENT

1. Acceptance and Amendments

• Definition of Platform: In these terms, "Platform" refers to the restricted areas of the public website at fdmt.hk (“Site”) requiring a user account and password for access.
• Consent: By accessing the Platform or participating in our programs, you agree to be bound by these terms.
• Right to Update: Fundamentum Limited (“FDMT”) may update these terms at any time.
• Absolute Acceptance: Your continued participation or use of the Platform after notification of changes constitutes absolute acceptance of the revised terms.

2. User Conduct and Restrictions

• Compliance: Strict compliance with all user or participant guidelines is an absolute requirement for active participation.
• Prohibited Acts: Users are strictly prohibited from engaging in the following actions:

• Engaging in disruptive acts during interactive sessions, such as "Zoom bombing".
• Reproducing, distributing, or decompiling any Site or Platform (fdmt.hk) materials without explicit written consent.
• Providing inaccurate, misleading, or false information during registration or use.
• Failing to maintain professional and respectful behavior toward staff, instructors, and fellow participants.

• Access Approval: Access to the Platform and program participation are strictly subject to availability and the final approval of FDMT.
• Right to Terminate: FDMT reserves the right to reject applications, limit enrollment, or terminate access or participation at its sole discretion. This includes, but is not limited to, instances of:

• Guideline and policy violations.
• Resource capacity limitations.
• Actions required to maintain the integrity, safety, or standard of the platform or program.

3. Intellectual Property

• Exclusive Property: The Site, the Platform, and all associated content, course materials, logos, graphics, and designs are the exclusive intellectual property of FDMT.
• Legal Protection: They are fully protected under applicable copyright, trademark, and other intellectual property laws. Unauthorised utilisation is strictly prohibited.

4. Governing Law and Jurisdiction

• Governing Law: These terms are governed by, interpreted, and construed in accordance with the laws of the Hong Kong Special Administrative Region.
• Exclusive Jurisdiction: Any legal disputes or claims arising out of these terms shall be subject to the exclusive jurisdiction of the courts of Hong Kong.

PART B: PRIVACY POLICY STATEMENT

5. Agreement and Consent

• PDPO Compliance: FDMT strictly protects the privacy of students, teachers, and partners in compliance with the Personal Data (Privacy) Ordinance (Cap. 486) of Hong Kong.
• Data Consent: By participating in our programs or using our Platform, you explicitly consent to the collection, storage, and use of your data as outlined in this policy.
• Legal Age Confirmation: You confirm that you are of legal age to provide this consent, or that you have obtained the express consent of a parent or legal guardian.
• Material Changes: We will notify you of any material changes to these privacy practices via your registered contact method.

6. Purpose of Collection and Usage

FDMT processes personal data exclusively for the following specified operational and promotional purposes:

• Media Opt-Out Policy:

• By registering, you acknowledge and consent to these promotional uses.
• If you do not wish to appear in public promotional materials, you must explicitly notify FDMT via email at info@fdmt.hk before the program starts.
• Upon receiving an opt-out request, your registration will be cancelled and access to all related services withdrawn. This policy is necessary because mandatory group briefings, interactive training, and joint events make the individual physical exclusion of a participant from group photography logistically impossible.

• Communication Privacy Protocol: Where instant messaging (such as WhatsApp) or digital channels are used for program delivery or counselling, FDMT guarantees that all communications will be executed strictly via private mechanisms that prevent participants from viewing or accessing each other's phone numbers, profiles, or contact details.
• Marketing Unsubscribe: Users may unsubscribe from direct marketing and promotional communications at any time by following the 'unsubscribe' link contained in our emails or by contacting us directly at info@fdmt.hk.

7. Data Collection Scope

• We collect essential identity and background details including, but not limited to: real name, school name, class, student ID, contact phone number, email address, educational background, and specific study preferences.

8. Cookies and Automated Collection

• We may utilize cookies and similar digital identifiers to automatically collect non-identifiable technical data. This data is used solely to analyse Site or Platform traffic trends and enhance user experience.

9. Security and Data Retention

• Infrastructure: We leverage enterprise-grade, secure-by-design infrastructure provided by Google and Microsoft to safeguard your personal information against unauthorised access or disclosure.
• Retention Period: Personal data is securely retained for the duration of your enrollment plus an additional seven (7) years to satisfy necessary audit and legal compliance obligations.
• Service-Specific Deletion: Identifiable service data is removed from active databases at an earlier date in accordance with the timelines established under the respective program's school Memorandums of Understanding (MOU) or organisational agreements.
• Liability Cap: While we enforce robust, industry-standard administrative and technical safeguards, FDMT's liability for data-related incidents or breaches is strictly limited to instances of proven gross negligence in maintaining these security protocols.

10. Third-Party Disclosure

Personal data is strictly kept confidential and will only be disclosed to or shared with the following parties:

1. Secure, compliant cloud infrastructure providers (specifically Google and Microsoft).
2. Educational institutions or corporate employers directly involved in the operation or evaluation of your specific program. Data sharing for university or employer-collaborated events is strictly limited to participants who explicitly register for or attend those specific events; no general, aggregate platform usage data is shared without distinct consent.
3. Law enforcement or legal bodies as strictly required under statutory obligations or court orders.

• Anti-Sale Guarantee: Personal data is never sold, leased, or shared with unrelated third parties for external marketing purposes without your prior explicit consent.

11. Data Rights

• You possess the statutory right to request access to, or request the correction of, your personal data held by us in accordance with the provisions of the PDPO.

PART C: DISCLAIMER STATEMENT

12. Limitation of Liability

• General Reference Clause: All information, resources, and content available on this Site or Platform are provided for general reference purposes only.  For official accuracy, please refer to the latest announcements from the respective organisations.
• AI and Algorithmic Data: The Platform utilizes automated third-party artificial intelligence models and matching algorithms to process extensive public information, including university admission metrics and career profiles. FDMT does not warrant the absolute real-time accuracy or error-free state of these outputs, as data misrecognition or system anomalies may occur. Users are solely responsible for verifying critical institutional requirements directly with official university handbooks before executing final academic decisions.
• Technical & Network Incidents: FDMT shall not be held liable for any damages or losses resulting from technical interruptions, internet data traffic failures, malware or viruses, or unauthorized network access, except in direct instances of a proven breach of the PDPO by us.
• Third-Party External Links: We do not warrant the accuracy of, nor do we accept any responsibility for, the content, operational reliability, or privacy practices of external third-party websites linked throughout our Site or Platform.
• Comprehensive Liability Exclusion: Under no circumstances—including allegations of negligence—shall FDMT, its officers, or its affiliates be liable for any damages arising out of your access to, or inability to use, the Site or Platform. This comprehensive exclusion encompasses, without limitation:

• Direct, indirect, incidental, special, or consequential damages.
• Loss of revenue, anticipated profits, business opportunities, or commercial data.

• Applicability: This thorough limitation of liability applies even if FDMT has been expressly advised of the possibility or likelihood of such damages occurring.

PART D: INQUIRIES AND CONTACT

13. Contact Information

All legal inquiries, data access requests, statutory data corrections under the PDPO, or administrative opt-out notifications must be directed in writing to our designated address:

Email: info@fdmt.hk