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Terms And Conditions Of Use

Table of Content

1. Terms and Conditions for EC-Reach
2. Definitions and Interpretation
3. User's Confirmation of Eligibility
4. Security
5. Email Alert
6. Using the Portal
7. Suspension and Termination
8. Operating Times, Changes and Disruptions
9. Copyright Notice
10. Waiver and Severability
11. Variation
12. Disclaimer
13. Indemnity
14. Language
15. Governing Law
16. Arbitration

1. Terms and Conditions for EC-Reach

These Terms and Conditions set out the respective rights and obligations of any User in connection with the use of this portal EC-Reach ("Portal"). By applying for or accessing or using the Portal, the User shall be deemed to have unconditionally accepted and will be bound by these terms and conditions set out herein and any other terms and conditions of the HKECIC that may apply to the Portal, including any disclaimers that appear on, or are linked to, the Portal, and any of such terms and conditions may be modified or supplemented from time to time without prior notice (collectively "these Terms and Conditions"). The User's continued access or use of the Portal shall also constitute the User's the acceptance of these Terms and Conditions. By accepting these Terms and Conditions on behalf of an Entity, the User represents and warrants that the User has full authority to do so.

The HKECIC reserves the right of final decision and interpretation of these Terms and Conditions in case there is dispute provided that the aforesaid right shall not affect the validity and enforceability of other clauses contained in these Terms and Conditions.

2. Definitions and Interpretation

In these Terms and Conditions, unless context otherwise requires:-

Entity means: A company, partnership or sole proprietorship carrying on business in Hong Kong.
HKECIC means: Hong Kong Export Credit Insurance Corporation.
Hong Kong means: the Hong Kong Special Administrative Region of the People's Republic of China;
User includes: Any person who applies for, accesses or uses or attempting to apply for, access or uses the Portal and the Entity which such person is acting or purported to act on behalf of.
 

In these Terms and Conditions, unless context otherwise requires:-
 - words importing the singular number shall include the plural number and vice versa, and words importing any gender include all genders;
 - the headings of a clause are inserted for convenience only and have no substantial effect; and
 - references to clauses shall be construed as references to clauses of and schedules and annexures to these Terms and Conditions.

3. User's Confirmation of Eligibility

When the User creates the Portal account, an account activation code will be sent to the User's email address as provided by the User during the registration of the Portal account. The User must use the account activation code(s) to activate the Portal account in accordance with the procedure provided in the Portal.

The User hereby confirms and undertakes that he/she is acting on behalf of the Entity to register an account of the Portal, to access and use the Portal, to receive notifications from the Portal, and to make payments for the Entity.

4. Security

The User shall act in good faith and exercise all diligence in maintaining the confidentiality and security of the login ID and password.

The disclosure of its login ID and password(s) by the Entity to any of its employees shall be on a strictly need-to-know basis.

If the User notices or suspects that (i) the login ID and/or password(s) have been lost or stolen; or (ii) there has been unauthorized access to the Portal account, the User shall immediately change the password(s) and notify the HKECIC of the aforesaid matters through the channels available in the Portal as soon as practicable.

5. Email Alert

Messages of the HKECIC may be sent to the User's message box in the Portal. The User may access the message box after logging in the Portal account. When the User's message box in the Portal receives a message, an alert message may be issued to the User by e-mail to the email address provided in the account profile of the Portal notifying the User the receipt of the message in the Portal message box.

When the User revises the password, email address, mobile phone number, the secret question and/or answer in the account profile of the Portal account, or when the User deletes the Portal account, an alert message (generated by the Portal) acknowledging the User's revision will be sent to the User by e-mail to the email address provided by the User in the account profile of the Portal account.

6. Using the Portal

The User shall:

 - use the Portal only for lawful purposes and in compliance with all applicable laws and regulations
 - use all data, information and quotes on the Portal for the User's personal use and reference only. The data, information and quotes must not be reproduced, duplicated, sub-listed or transmitted or used for commercial purposes or framed on a third party's website, and the User shall not furnish such data, information or quotes to any other person or entity for any reason;
 - not interfere with, damage or disrupt any part of the Portal or any equipment, systems or network used to operate the Portal, which includes (but is not limited to) attempting to overcome software security features limiting use of or protecting any content available on the Portal; and
 - comply with all requirements and guidelines that may be issued by the HKECIC from time to time regarding the use of the Portal.

7. Suspension and Termination

The HKECIC may, at its absolute discretion and at any time, suspend or terminate the User's account and/or deny the User's access to or use of the Portal or any part thereof (i) with or without cause and (ii) without prior notice. These may happen in but not limited to the following circumstances:

 - account with payment is due to the HKECIC and such payment is not received by the HKECIC in full;
 - any of the User's information is untrue, inaccurate, incomplete or out of date (or the HKECIC has reasonable grounds to suspect that this is the case);
 - the HKECIC has reason to believe that the User has used the Portal illegally, improperly or not in accordance with these Terms and Conditions;
 - the HKECIC has reason to believe that the User has breached or failed to observe any provision under these Terms and Conditions;
 - discontinuance or material modification of the Portal or any service available on or through the Portal;
 - suspected or actual copyright or trademark infringement or infringement of any other intellectual property rights by any User;
 - unexpected difficulties that render the HKECIC unable or impossible to operate the Portal; and/or
 - requests by law enforcement or other government authorities.

8. Operating Times, Changes and Disruptions

The Portal will usually be 24-hours available for use or at such times as notified to the User. The User accepts, however, that routine maintenance requirements, excess demand on the systems and some other circumstances may render the services unavailable and the HKECIC may suspend the Portal at any time without any liability.

In connection with the Portal, the HKECIC may at its absolute discretion at any time without prior notice and without any liability to the User to:

 - add to, remove, change, end, or suspend, without limitation, any content, services, functions, facilities, or mode of the Portal; or
 - terminate the Portal.

Unless otherwise specified, any time displayed on the Portal should be observed as the time in time zone of GMT +8.

9. Copyright Notice

Unless otherwise indicated, the contents (whether text or non-text) found on the Portal are subject to copyright owned by the HKECIC.

The contents found on the Portal may be re-disseminated or reproduced, provided that the HKECIC, as the source of information, is acknowledged and that the re-dissemination or reproduction is for non-commercial use. Any other reproduction, adaptation, distribution, dissemination or making available of the information found on the Portal for commercial use is strictly prohibited unless prior written permission is obtained from the HKECIC. Please note that the permission given by HKECIC only applies to HKECIC copyright protected contents found on the Portal. The HKECIC reserves the right to withdraw any permission at any time without prior notice.

Where third party copyright i.e. copyright belonging to anyone other than the HKECIC is involved in the contents or linked websites found on the Portal, authorization or permission to reproduce or distribute or otherwise use any such contents must be obtained from the copyright owners concerned.

10. Waiver and Severability

Any failure by the HKECIC to exercise any of its rights or remedies under these Terms and Conditions shall not constitute a waiver of any such rights or remedies. Further, no waiver shall be deemed effective unless made by the HKECIC in writing. No waiver in respect of a breach of any of these Terms and Conditions shall be deemed to constitute a waiver of or consent to any other or subsequent breach of any of these Terms and Conditions.

If any of these Terms and Conditions is determined to be illegal, invalid or otherwise unenforceable, then to the extent of such illegality, invalidity or unenforceability, such terms or conditions shall be deleted and severed from these Terms and Conditions and the remaining Terms and Conditions shall survive in full force and effect.

11. Variation

The HKECIC may vary these Terms and Conditions from time to time to reflect changes in technology, changes in relevant laws and regulatory requirements, and any other changes. Notice of any such variations shall be available on the Portal and the User's continued access or use of the Portal shall constitute the User's acceptance of the revised Terms and Conditions of the Portal. If at any time the User does not accept any revisions to these Terms and Conditions, the User shall not access or use the Portal.

12. Disclaimer

This Disclaimer forms part of these Terms and Conditions.

The Portal is provided by the HKECIC on an "as is" and "as available" basis. The HKECIC makes no statements or warranties, of any kind and whether express or implied, and disclaimed and excludes the same (to the fullest extent permissible by law) in relation to or in connection with the Portal and any services, requests and transactions conducted via the Portal. In particular, the HKECIC makes NO representations, statements or warranties:

 - on accuracy, reliability, completeness, timeliness, merchantability, security, fitness for a particular purpose, non-infringement of intellectual property rights of any person in relation to the Portal or information or services available through the Portal;
 - that the operation of the Portal will be uninterrupted or error free;
 - that the Portal or the server from which it is made available, or notifications sent from the HKECIC to User are free of viruses or other harmful components; and
 - the Portal is suitable for any particular purpose or that it meets any particular requirements whatsoever;
 (these matters collectively referred to as the "No-Warranty Matters")

The information contained in the Portal shall not in any event constitute an offer to sell. For full terms and conditions and exclusions, please refer to the insurance policy itself which shall prevail in case of inconsistency.

The User shall be solely responsible for all actions carried out under the User's login ID in or via the Portal, regardless of whether such actions are arising out of or in connection with unauthorised use of the Portal account, and the HKECIC shall not be responsible for any loss, damage, injuries, liabilities, proceedings, demands, costs or expenses in this respect.

The User acknowledges that the Internet is an inherently unreliable medium of communication and agrees that the use of the Portal is at the User's sole risk.

The HKECIC and its employees, contractors and agents shall NOT in any circumstances or in any way be liable for or accept any liability (including third party liability) for any loss or damage whatsoever (including but not limited to consequential, indirect, incidental and special loss/damage) arising out of or in connection with the use or misuse of or inability to use or reliance on the Portal and the information or other contents and services in the Portal, and without prejudice to the generality of the foregoing:-

 - The HKECIC shall not be liable for any loss or damage arising from or in connection with the NO-Warranty Matters;
 - The HKECIC shall not be liable for any of its or others' errors in, omission from, or misstatements or misrepresentations (whether express or implied) concerning any such information in the Portal;
 - The HKECIC shall not be liable for any loss and damage that the User may suffer if the Portal is in error, malfunctioning, inoperative, delayed or unavailable due to (but not limited to) any connection failure or computer downtime attributable to housekeeping, outage, malfunctioning, viruses, unauthorized access by any person (including hacker), upgrade or preventive or remedial maintenance activities or any events beyond the reasonable control of the HKECIC;
 - The HKECIC is not responsible for the contents available on or the set-up of any other websites linked to/ referred by the Portal. Access to and use of such other websites is at the User's own risk and subject to any terms and conditions applicable to such access/use. By providing links/ references to other websites, the HKECIC shall not be deemed to endorse, recommend, approve, guarantee or introduce any third parties or the service/products they provide on their websites, or have any form of cooperation with such third parties and websites. Under no circumstances will the HKECIC accept any liability, obligation or responsibility whatsoever for any loss, destruction or damage (including without limitation consequential loss, destruction or damage) however arising from or in respect of any use or misuse of or reliance on the contents of any such materials or external websites linked to/referred by the Portal or inability to use any of them.

By accessing or using the Portal, the User agrees to accept unconditionally the terms of this disclaimer which may be revised and/or supplemented from time to time by the HKECIC without prior notice to the User.

13. Indemnity

The User shall indemnify and keep indemnified the HKECIC against all claims, actions, proceedings, liabilities, demands, charges, damages, costs, losses or expenses arising out of or resulting from the performance or attempted performance of, the use or attempted use of the services of the Portal (including the Portal account) to the extent that the same are or have been caused by any negligent or reckless conduct, willful misconduct, omission, defamation, breach of statutory duty or breach of any of these Terms and Conditions by the User. This provision survives termination of the User’s Portal account.

14. Language

If there is any inconsistency or conflict between the English and Chinese versions of these terms and conditions, the English version shall prevail.

15. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Hong Kong.

16. Arbitration

Any dispute, controversy or claim arising out of or relating to this Portal, including its validity, invalidity, breach or termination, will be settled by arbitration in Hong Kong under the Hong Kong International Arbitration Centre Administered Arbitration Rules in force when the Notice of Arbitration is submitted in accordance with these Rules. All the provisions in Schedule 2 to the Hong Kong Arbitration Ordinance (Cap. 609) shall apply to the arbitration.

©2019 HKECIC All Rights Reserved.

Last Revision Date: 6 June 2019