CONDITIONS OF USE
To the fullest extent permissible pursuant to applicable law: (1) the materials on this website are provided “as is” and without warranties of any kind either expressed or implied and AIA Company (Trustee) Limited, and their affiliates (collectively, “AIA”) disclaim all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose; (2) AIA does not warrant that the website or the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this website or the server that makes it available is free of viruses or other harmful components; and (3) AIA does not warrant or make any representations regarding the use or the results of the use of the materials on this website in terms of their correctness, accuracy, reliability, or otherwise. The information and descriptions contained herein are not necessarily intended to be complete descriptions of all terms, exclusions and conditions applicable to the products and services, but are provided solely for general informational purposes. For complete details please refer to the actual policy or the relevant product or services agreement.
This website may be linked to other websites which are not maintained by AIA. AIA is not responsible for the availability, content or accuracy of any external websites and does not make any warranty, express or implied, with respect to the use of any external links. The inclusion of any link to such websites does not imply approval of or endorsement by AIA of the websites or the content thereof. You acknowledge and agree that you access such websites at your own risk.
This website may contain advertisements for products and services offered by other members of AIA or any selected third party (within or outside Hong Kong). You should obtain additional information on such products or services and independently determine the appropriateness and suitability of such products or services for you. For advertisements by third parties, AIA takes no responsibility or liability for the content of such advertisements. The inclusion of any advertisement on this website does not imply approval or endorsement by AIA.
LIMITATION OF LIABILITY
While AIA uses reasonable efforts to include accurate and up to date information on this website, errors or omissions sometimes occur. To the fullest extent permissible under applicable law, AIA makes no warranties or representations as to the accuracy of the content of this website and under no circumstances, including, but not limited to, negligence, shall AIA or any party involved in creating, producing, or delivering the website be liable to you for any direct, incidental, consequential, indirect, or punitive damages that result from the use of, or the inability to use, the materials on this website, even if AIA or an AIA authorized representative has been advised of the possibility of such damages. To the fullest extent permissible under applicable law ,in no event shall AIA's total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing this website.
AIA also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property as a result of your access to, use of, or browsing in the website or your downloading of any materials, data, text, images, video, or audio from this website.
RESTRICTIONS ON USE OF MATERIALS
This website is owned and operated by AIA. Except as otherwise expressly permitted by AIA, no materials from this website or any website owned, operated, licensed or controlled by AIA may be copied, reproduced, republished, modified, stored in a retrieval system, used or creating derivative works, uploaded, posted, transmitted (by any form or by any means), distributed or used in any other way for public or commercial purposes. You may download material displayed on this website for your use only, provided that you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost, or use the content of this website for public or commercial purposes, including the text, images, audio, and video without AIA's written permission.
AIA neither warrants nor represents that your use of materials displayed on this website will not infringe rights of third parties.
Unless otherwise expressly set forth herein, AIA makes no representation that materials on this website are appropriate or available for use in any location. Those who choose to access this website do so on their own initiative and are responsible for compliance with local laws.
Except as expressly set forth herein, the information contained on this website is not an offer to sell or a solicitation to buy any security, insurance product or other product or service by AIA. No security, insurance product, or other product or service is offered or will be sold by AIA or, if sold by AIA, will be effective in any jurisdiction in which such offer or solicitation, purchase or sale would be unlawful under the securities, insurance or other laws of such jurisdiction. Some products and services may not be available in all jurisdictions.
OWNERSHIP OF INFORMATION
Any information, other than personal data or information, you transmit to AIA via this website, by electronic mail or otherwise, including data, questions, comments, or suggestions will be treated as non-confidential and non-proprietary and will become the property of AIA. Such information, other than personal data or information, may be used for any purpose, including, but not limited to, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. AIA is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to AIA via this website or by any other means for any purpose whatsoever, including, but not limited to, developing and marketing products using such information. You waive all applicable rights you may have in any information (other than personal data) you transmit to AIA via this website or otherwise, for the purposes of this section of the Conditions.
All trademarks, service marks, trade names, logos, and icons are proprietary to AIA or such third party that may own the trademarks displayed on this website. Other than as expressly set out in these Conditions and except as permitted by applicable law, nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of AIA’s intellectual property including, but not limited to, any trademark or logo displayed on this website without the written permission of AIA or such third party that may own the trademarks displayed on this website. Your use of the trademarks and logos displayed on this website, or any other content on this website, except as provided herein, is strictly prohibited.
Images and content displayed on this website are either the property of, or used with permission by, AIA. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by AIA. Any unauthorized use of the images and content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
To the extent that any software is made available or provided to you on this website, AIA grants you a non-exclusive, limited and personal license to download and use the software for your own personal, non-commercial use only. No other rights to the software are granted. All rights including intellectual property rights in the software remain the property of AIA or the relevant licensors or owners of the software and, except as permitted by law, you may not reverse engineer, decompile, modify or tamper with the software.
TERMS AND CONDITIONS FOR THE INTERACTIVE WEBSITE OF AIA CORPORATE SOLUTIONS
The use of any and all services at or under the interactive website of AIA Corporate Solutions shall at all times be governed by the following terms and conditions (“Specific Terms and Conditions”, this term shall only include sections 1 to 15 below).
- AIA International Limited (Hong Kong Branch) and/or AIA Company (Trustee) Limited are the relevant administrators (the 'relevant Administrators' which expression shall, where the context allows or requires, include its successors and assigns) of various occupational retirement schemes ("ORSO Schemes") in Hong Kong which are registered with the Mandatory Provident Fund Schemes Authority and the trustee of these schemes is AIA Company (Trustee) Limited ("AIA(T)") (the "relevant Trustee"). The relevant Administrators and the relevant Trustee will provide, subject to these Specific Terms and Conditions online services and facilities from time to time (the 'Services') through an interactive website established, operated and/or maintained by them ('Interactive Website') to enable customers of such schemes (each a 'Customer' which expression shall, where the context requires, include any personal representative or lawful successor of the Customer and refer to both employer and members participating in any of the above ORSO Schemes) to give instructions to and communicate with the relevant Trustee and the relevant Administrators for the purposes of conducting ORSO Schemes, financial and other transactions and dealings of various nature and obtaining services, products, information, goods, benefits and privilege from the relevant Trustee and the relevant Administrators and/or other members of AIA.
With respect to employer:-
- Obtaining account information;
- Placing administrative instructions;
- Downloading administrative forms.
With respect to member:-
- Placing fund switching orders, if applicable;
- Changing particulars on record;
- Obtaining account information;
- Downloading administrative forms
- As part of the Services, the relevant Trustee and the relevant Administrators may make available via any Interactive Website financial, market or other information and data ('Information') supplied by any person (each an 'Information Provider' which expression shall include any person who supplies any information to the relevant Trustee or the relevant Administrators) and may provide reports compiled from Information in any form, medium or means ('Reports').
- The relevant Trustee and the relevant Administrators have the right to determine and modify from time to time the scope and type of the Services to be made available including, without limitation:-
- expanding, modifying or reducing the Services at any time;
- prescribing and changing the normal service hours during which the Services are available and any daily cut-off time for any type of Services or transactions. Any instruction of the Customer received by the relevant Trustee or the relevant Administrators after any applicable daily cut-off time shall be deemed to be received on the next business day. The relevant Trustee and the relevant Administrators may specify business day and daily cut-off time.
2. GOVERNING TERMS AND CONDITIONS
3. USE OF THE SERVICES
- To access the Services for the first time, the Customer is required to register online or in such other manner as the relevant Trustee and the relevant Administrators may from time to time specify and indicate acceptance of all the terms and conditions governing the use of the Services and to provide such information as the relevant Trustee and the relevant Administrators may reasonably specify for identification.
- By registering to use the Services, the Customer warrants that all information provided by the Customer to the relevant Trustee and the relevant Administrators in relation to the Services is true, complete and up-to-date.
- The Services are for the sole and exclusive use by the Customer.
- The Customer shall not use or knowingly allow any other person to use the Services, the Information and/or the Reports for or in connection with any illegal purpose or activity. The Customer shall notify the relevant Trustee and the relevant Administrators as soon as practicable upon becoming aware of such use.
- Any prices of fund and information quoted by the relevant Administrators on the Interactive Website or otherwise in response to an online inquiry are for reference only and are not binding. Any prices of fund and information offered by the relevant Trustee and the relevant Administrators for the purpose of the relevant transaction shall be binding on the Customer upon the Customer confirming acceptance irrespective of any different prices of fund and information quoted previously by the relevant Administrators.
- The Customer acknowledges that there may be a time lag in transmission of instructions, information or communication via the internet. The relevant Trustee and the relevant Administrators shall bear no liability in this respect.
4. USER NAME AND PASSWORD
- The Customer may change the password (the 'Password') at any time and redefine the user name (the ‘User Name’) once but any change shall be effective only if accepted by the relevant Trustee and the relevant Administrators.
- The Customer shall act in good faith, exercise reasonable care and diligence in keeping the User Name and the Password in secrecy. At no time and under no circumstances shall the Customer disclose the User Name and/or the Password to any other person.
- The Customer shall be fully responsible for any accidental or unauthorised disclosure of the User Name and/or the Password to any other person and shall bear the risks of the User Name and/or the Password being used by unauthorised persons or for unauthorised purposes.
- Upon notice or suspicion of the User Name and/or the Password being disclosed to any unauthorised person or any unauthorised use of the Services being made, the Customer shall notify the relevant Trustee and the relevant Administrators in person as soon as practicable or by telephone at such telephone number(s) as the relevant Trustee and the relevant Administrators may from time to time prescribe (and the relevant Trustee and the relevant Administrators may ask the Customer to confirm in writing any details given) and, until the relevant Trustee and the relevant Administrators' actual receipt of such notification, the Customer shall remain responsible for any and all use of the Services by unauthorised persons or for unauthorised purposes.
5. CUSTOMER'S INSTRUCTIONS
- The Customer is required to quote the User Name and the Password in order to log-on to the Interactive Website to use the Services and give instructions to the relevant Trustee and the relevant Administrators online. Instructions in connection with the Services shall not be considered to be received by the relevant Trustee and the relevant Administrators unless they are given in such manner as the relevant Trustee and the relevant Administrators may prescribe from time to time and until the relevant Trustee and the relevant Administrators has actually received them.
- Any instruction given in connection with the Services by quoting the User Name and the Password of the Customer, once given, may not be rescinded or withdrawn without the consent of the relevant Trustee and the relevant Administrators or the relevant member of AIA. All such instructions given, as understood and acted on by the relevant Trustee and the relevant Administrators or the relevant member of AIA in good faith, shall be irrevocable and binding on the Customer whether given by the Customer or by any other person purporting to be the Customer. The relevant Trustee and the relevant Administrators and the relevant member of AIA shall be under no duty to verify the identity or authority of the person giving any such instruction or the authenticity of such instruction apart from verifying the User Name and the Password of the Customer.
- The relevant Trustee and the relevant Administrators will only act on an instruction insofar as it is in the relevant Trustee and the relevant Administrators' opinion practicable and reasonable to do so and in accordance with its regular business practices and procedures.
- Advice or confirmation that an instruction has been received and/or a transaction has been effected through the Services will be provided by the relevant Trustee and the relevant Administratorsonline. Such advice or confirmation shall be deemed to have been received by the Customer immediately after transmission and it is the duty of the Customer to check such advice or confirmation. It is also the duty of the Customer to enquire with the relevant Trustee and the relevant Administrators if the Customer does not receive an advice or confirmation within the time usually required for a similar advice or confirmation to be received.
- Information relating to any account or transaction made available on the Interactive Website is for reference only. The relevant Trustee and the relevant Administrators' records of such account and transaction shall be conclusive unless and until the contrary is established.
The relevant Trustee and the relevant Administrators reserve the right to charge fees in relation to the use and/or termination of the Services and to revise such fees. The relevant Trustee and the relevant Administrators shall determine and give reasonable notice to the Customer of the rate of any fee from time to time before they become effective which shall be binding on the Customer if the Customer continues to maintain or use the Services on or after the effective date. Fees may be collected from the Customer in such manner and at such intervals as the relevant Trustee and the relevant Administrators may specify.
7. CUSTOMER'S UNDERTAKINGS AND RESPONSIBILITIES
- The Customer shall provide such information as the relevant Trustee and the relevant Administrators may from time to time reasonably request for the purposes of providing the Services.
- The Customer authorises the relevant Trustee and the relevant Administrators to disclose and transfer information relating to the Customer, the Customer's account(s) and/or the transaction(s) executed by the relevant Trustee and the relevant Administrators on the Customer's behalf to such person(s) as the relevant Trustee and the relevant Administrators may be requested to under any laws, rules or regulations of any competent jurisdiction in which the relevant Trustee and the relevant Administrators execute transaction(s) on the Customer's behalf or any exchange, government or regulatory authority in such jurisdiction (whether or not the relevant Trustee and the relevant Administrators are actually compelled to do so by law).
- >The Customer shall not, and shall not attempt to decompile, reverse-engineer, translate, convert, adapt, alter, modify, enhance, add to, delete or in any way tamper with, or gain access to, any part of the Services or any Interactive Website or any software comprised in them.
8. INFORMATION AND INFORMATION PROVIDERS
- The Customer acknowledges and agrees that the Information including non-public information, the Reports and their form, format, mode or method of compilation, selection, configuration, presentation and expression (collectively 'Confidential Information') are trade secrets and confidential and proprietary property of the relevant Trustee and the relevant Administrators and the respective Information Providers.
- Unless expressly permitted by these Specific Terms and Conditions, the Customer shall not, and shall not attempt to : -
- sell, transfer, disclose, assign, convey, lease, sub-license, share, loan, distribute, transmit, broadcast, cablecast, put in circulation, download, reproduce, duplicate or otherwise provide or disseminate any Confidential Information in any form or by any means to any other person or commercially exploit any Confidential Information;
- remove, obliterate, erase, relocate or modify in any way any proprietary marking on or appearing with the Confidential Information including, without limitation, any trademark or copyright notice; or
- incorporate or combine the Confidential Information with any other programmes including any other non-AIA information.
- The restrictions on disclosure shall not apply to any Confidential Information:-
- where its disclosure is compelled by law but only to the extent required by law and only after written notice of the requirement to disclose has been given by the Customer to the relevant Trustee and the relevant Administrators; or
- where the relevant Trustee and the relevant Administrators have expressly agreed in writing to its disclosure.
- An Information Provider may impose from time to time terms and conditions in relation to the availability of any Information supplied by it. Access to such Information by the Customer on or after the effective date, subject to prior notification, of such terms and conditions shall constitute the Customer's acceptance thereof.
- The Information and the Reports are made available for reference only and are not intended to be used for trading or other purposes. Neither the relevant Trustee and the relevant Administrators nor any Information Provider shall be considered an investment adviser to the Customer.
- Neither the relevant Trustee and the relevant Administrators nor any Information Provider warrants, represents or guarantees the sequence, accuracy, truth, reliability, adequacy, timeliness or completeness of any of the Information or the Reports or whether it is fit for any purpose. Nor does either of them assume any liability (whether in tort or contract or otherwise) for any reliance on the Information or the Reports by the Customer or any other person.
- The Information will be made available as it is supplied and identifying the Information Provider directly supplying it to the relevant Administrators. The relevant Administrators do not endorse or express any comment on any Information supplied by any Information Provider nor assume any duty to check or verify any Information.
- No warranty, representation or guarantee of any kind relating to the Information and/or the Reports is given or may be implied and no employee or agent of the relevant Trustee and the relevant Administrators or any Information Provider is authorised to give any such warranty, representation or guarantee.
9. LIABILITIES OF THE RELEVANT TRUSTEE AND THE RELEVANT ADMINISTRATORS
- The relevant Trustee and the relevant Administrators will take reasonably practicable steps to ensure that its systems in connection with the Services are installed with adequate security designs and to control and manage the risks in operating the systems, taking into account any law, rules, regulations, guidelines, circulars, codes of conduct and prevailing market practices which may be applicable to the relevant Trustee and the relevant Administrators from time to time.
- None of the relevant Trustee, the relevant Administrators, any member of AIA or any Information Provider warrants or represents that the Services, the Information and the Reports are free from virus or other destructive features which may adversely affect the Customer's hardware, software or equipment.
- Unless Clause 10(b) applies or due to the gross negligence or willful default of the relevant Trustee and the relevant Administrators, any member of AIA or their respective officers or employees and only to the extent of direct and reasonably foreseeable loss and damage (if any) arising directly and solely therefrom or the amount of the relevant transaction (whichever is less), neither the relevant Trustee and the relevant Administrators nor any member of AIA assumes any liability or responsibility to the Customer or any other person for the consequences arising from or in connection with:-
- use of the Services and/or access to any information as a result of such use by the Customer or any other person whether or not authorised;
- any interruption, interception, suspension, delay, loss, unavailability, mutilation or other failure in providing the Services, in transmitting instructions or information relating to the Services or in connecting with the Interactive Website caused by any acts, omissions or circumstances beyond the reasonable control of the relevant Trustee and the relevant Administrators including, without limitation, failure of any communication network, act or omission of any third party service providers, mechanical failure, power failure, malfunction, breakdown, or inadequacy of equipment, installation or facilities, or any law, rules, regulations, codes, directions, regulatory guidelines or government order (whether or not having the force of law); and
- transmission and/or storage of any information and/or data relating to the Customer, the Services and/or transactions or dealings conducted by the Customer pursuant to the Services through or in any system, equipment or instrument of any communication network provider.
- In no event shall the relevant Trustee, the relevant Administrators, any member of AIA or any Information Provider be liable to the Customer or any other person for any incidental, indirect, special, consequential or exemplary damages including, without limitation, any loss of use, revenue, profits or savings.
10. LIABILITIES OF THE CUSTOMER
- Unless Clause 10(b) applies, the Customer shall be fully liable and responsible for all consequences arising from or in connection with use of the Services and/or access to the Interactive Website, any Information or Report or any other information as a result of such use by the Customer or any other person whether or not authorised.
- Subject to Clause 4(d) and if, in the reasonable opinion of the relevant Trustee and the relevant Administrators, there is no negligence, fraud or fault on the part of the Customer, the Customer shall not be liable for loss or misplacement of funds caused by unauthorised transactions conducted through the use of the Services as a result of:-
- a computer crime which should have been prevented by the risks control and management measures had the relevant Trustee and the relevant Administrators adopted such measures in accordance with Clause 9(a);
- a human or system error of the relevant Trustee and the relevant Administrators; or
- a missed or mis-directed payment caused by the gross negligence or willful default of the relevant Trustee, the relevant Administrators, its officers or employees.
- The Customer shall indemnify the relevant Trustee and the relevant Administrators, any member of AIA, any Information Provider and their respective officers and employees against all liabilities, claims, demand, losses, damages, costs, charges and expenses of any kind (including, without limitation, legal fees on a full indemnity basis) which may be incurred by any of them and all actions or proceedings which may be brought by or against any of them in connection with the provision of the Services, the Information and/or the Reports or the exercise or preservation of the relevant Trustee and the relevant Administrators' powers and rights under these Terms and Conditions, unless due to the gross negligence or willful default of the relevant Trustee, the relevant Administrators, any member of AIA, any Information Provider or their respective officers or employees or unless Clause 10(b) applies.
11. VARIATION AND TERMINATION
- The relevant Trustee and the relevant Administrators may, at any time, without giving notice or reason to suspend or terminate all or any of the Services or their use by the Customer.
- All provisions of these Specific Terms and Conditions which in order to give effect to their meaning need to survive the suspension or termination of the Services and/or the use of the Services by the Customer shall remain in full force and effect after suspension or termination including, without limitation, Clauses 3(b), 4, 7, 8, 9 and 10. Notwithstanding such suspension or termination, the Customer shall continue to be bound by these Specific Terms and Conditions to the extent that they relate to any obligations or liabilities of the Customer which remain to be performed or discharged.
The relevant Trustee and the relevant Administrators may revise these Specific Terms and Conditions and/or introduce additional terms and conditions at any time and from time to time. Any revision and/or addition to these Specific Terms and Conditions shall become effective subject to the relevant Trustee and the relevant Administrators giving reasonable notice to the Customer which may be given by posting it on the Interactive Website or by display, advertisement or other means as the relevant Trustee and the relevant Administrators think fit, and shall be binding on the Customer if the Customer continues to maintain or use the Services on or after the effective date of variation.
Each of the provisions of these Specific Terms and Conditions is severable and distinct from the others and, if at any time one or more of such provisions is or becomes illegal, invalid or unenforceable in any respect under the laws of any jurisdiction, the legality, validity or enforceability of the remaining provisions shall not be affected in any way.
No act, delay or omission by the relevant Trustee and the relevant Administrators shall affect its rights, powers and remedies under these Specific Terms and Conditions or any further or other exercise of such rights, powers or remedies. The rights and remedies under these Specific Terms and Conditions are cumulative and not exclusive of the rights and remedies provided by law.
Unless the context otherwise requires, 'person' includes an individual, firm, company, corporation and an unincorporated body of persons.
At AIA, we take our user’s security and confidentiality very seriously. While there is inherent risk in doing business with anyone over a public medium like the internet, we have implemented measures to reduce these risks. In order to safeguard and protect your privacy, the secure site utilizes advanced security techniques, which require Netscape Navigator version 4.0 or Microsoft Internet Explorer version 4.0 or above.
INCONSISTENCY IN WORDINGS
GOVERNING LAW AND JURISDICTION