Version: 18 August 2017

 

  1. General

 

1.1        These terms and conditions apply to your access and use of this website at www.hkifa.org (the “Website”) and services provided by Hong Kong Internet Finance Association Limited (“HKIFA”, “we”, “our” or “us”). By using the Website or any part of it, you agree that you have read these terms and conditions and that you accept and agree to be bound by them.

 

1.2        In these terms and conditions, the following definitions shall apply:

(a)         “Intellectual Property Rights” means means patents, utility models, rights to inventions, copyright and neighbouring and related rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

(b)         “Privacy Policy” means our policy regarding personal data.

 

1.3        The Privacy Policy is incorporated into these terms and conditions available on this Website.

 

  1. Intellectual Property Rights

 

2.1        This Website and any information available on it (the “Content”) including but not limited to text, graphics, icons, images, photographs, videos, software, source code and trade marks, are protected by Intellectual Property Rights owned or controlled by us and/or our licensors. You may not copy, reproduce, republish, upload, download, post, transmit, store in retrieval system, modify, alter or display in public or distribute or sell in any way the Content or any part of this Website for any purpose without our prior written permission except that you may download materials displayed on the site for non-commercial, home personal use only as long as you keep all copyright, trade mark and other proprietary notices intact.

 

2.2        All right, title and interest in the Intellectual Property Rights in this Website and the Content shall at all times remain the property of us and/or our licensors.

 

2.3        By submitting or providing any content on or through this Website, you hereby grant to HKIFA a worldwide, irrevocable, royalty-free, non-exclusive, perpetual license to reproduce, use, adapt, modify, publish, translate, publicly perform, publicly display, distribute and create derivative works from such content in any form, and we may sub-license all or part of its rights under this licence or assign them to third parties.

 

2.4        You represent, warrant and undertake that:

(a) you own the content posted by you on or through this Website or otherwise have the right to grant the licence set forth herein; and

(b) the posting of your content on or through this Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. HKIFA may delete any content for any reason, including content that, in our sole judgment, is offensive, illegal or violate the rights, harm, or threaten the safety of any person. We have the right, but does not assume the responsibility, for monitoring this Website for inappropriate content. You are solely responsible for the content of any information that you post on or through this Website.

 

2.5        You agree not to use the Website for any purpose or in any matter that is unlawful or infringes any third party Intellectual Property Rights.

 

2.6        Except as expressly permitted on this Website, no licence or rights in relation to our Intellectual Property Rights are granted to anyone under these terms and conditions.

 

  1. Warranties

 

3.1        The information provided on this Website is for reference only. To the extent permitted by law, we disclaim all implied and/or express warranties and make no representation as to the accuracy, suitability, fitness for any purposes, applicability or completeness of any information on this Website. We assume no liability for any loss or damage arising from the use or reliance of the information on this Website or for anything posted on or linked to the Website, including without limitation any mistake, error, omission, infringement, defamation, falsehood or other material or omission that might offend or otherwise give rise to any claim or complaint.

 

3.2        We disclaim any endorsement or recommendation of any person, organisation, name, product or service referred to in the Website. We further disclaim all liability in relation to information or materials posted by advertisers or sponsors on this Website.

 

3.3        We make no warranties or representations in respect of your ability to access the Website, and do not warrant that the functions of the Website shall be uninterrupted or error or defect free.

 

3.4        None of our agents or representatives are authorised to make any warranties, representations or statements regarding any information on this Website and we shall not in any way be bound by any such unauthorised warranties, representations or statements.

 

3.5        HKIFA makes no representation that the Content or this Website is available or appropriate for use in your jurisdiction. Those who choose to access this Website do so on their own initiative and are responsible for compliance with applicable local laws.

 

3.6        By using this Website and/or our services, you represent, warrant and undertake that:

(a) all information you submit, if any, is truthful, accurate and up-to-date;

(b) you will maintain the accuracy and relevance of any information you provide;

(c) before providing any personal data to us, you have obtained consent from your parent or guardian if you are under the age of 18; and

(d) your use of this Website does not violate any applicable law or regulation.

 

  1. Liabilities

 

4.1        By accessing and using this Website and/or our services, you acknowledge and accept that the use of the Website is at your own risk. To the extent permitted by law, HKIFA disclaims all liability, whether based in contract, tort (including negligence), sruct liability or otherwise, and further disclaims all losses, including but not limited to direct, indirect, incidental, consequential or special damages arising out of or in connection with you access to or use of the Website. Without limiting the foregoing:

 

(a) this Website, its Content and our services are provided “as is” and “as available” without any warranty of any kind either express or implied including but not limited any implied warranties or implied terms as to title, quality, availability of any goods or services, privacy or non-infringement; and

 

(b)we have no liability or responsibility for any errors or omission in the Content; or any loss or damage arising out of or in connection with any use or access to the Website, any failure or performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, software or hardware problems (including but not limited to loss of data or compatibility problems), theft or destruction of the Website.

 

4.2        This Website may contain links to other sites and pages which are operated by third parties. We have no control over the content of the linked websites or the way in which the operators of those websites deal with your personal data. You shall review the terms and conditions for those third party websites and we disclaim all responsibility and liability for any loss or damage that may be suffered by you in connection with the linked websites.

 

4.3        Nothing in these terms and conditions shall limit or exclude any liability for death or personal injury caused by a party’s negligence, fraud or anything whose liability cannot be limited or excluded by law.

 

  1. Indemnity

 

You agree to indemnify, defend and hold HKIFA, its subsidiaries, and affiliates, and their respective directors, officers, agents, partners and employees, indemnified from any loss, liability, claim, or demand, including reasonable legal fees, arising out of or in connection with your use of this Website and/or breach of these terms and conditions.

 

  1. Miscellaneous

 

6.1        No term of these terms and conditions are enforceable pursuant to the Contracts (Rights of Third Parties) Ordinance (Cap. 623) by any person who is not a party to it, save and except that directors, officers and employees of HKIFA may enforce provisions granting benefits to them.

 

6.2        We reserve the right to amend these terms and conditions from time to time in our sole discretion. You are reminded to review these terms and conditions regularly to ensure that they are familiar with the most recent version. By accessing and using this Website you agree to be bound by the most recent version of these terms and conditions.

 

6.3        If any provision of these terms and conditions is found to be invalid or unenforceable by a court of law or competent authority, such invalidity and unenforceability shall not affect the remainder of these terms and conditions which shall continue in full force and effect.

 

6.4        Save as expressly provided in these terms and conditions, the rights and remedies provided under these terms and conditions are in addition to, and not exclusive of, any rights or remedies provided by law.

 

6.5        No failure or delay by a party to enforce or exercise any right or remedy under these terms and conditions or by law shall be deemed to be a waiver of that or any other right or remedy, nor shall it operate so as to bar the enforcement or exercise of that or any other right or remedy at any time subsequently.  Any waiver of any breach of these terms and conditions shall not be deemed to be a waiver of any subsequent breach.

 

6.6        In the event of any discrepancy between the English and Chinese versions of these terms and conditions, the English version shall prevail.

 

6.7        These terms and conditions shall be governed by the laws of the Hong Kong Special Administrative Region.

 

6.8        Any dispute, controversy, difference or claim arising out of or relating to these terms and conditions, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.

 

 


Privacy Policy

 

Version: 18 August 2017

 

Hong Kong Internet Finance Association Limited (“HKIFA”, “we”, “us” or “our”) recognises the importance of your privacy. This privacy policy applies to all services provided by us and sets out how we may collect, use and disclose your personal data.

 

Types of personal data we collect.

HKIFA may collect the following types of personal data:

  • your contact information such as your name, telephone numbers, email address, mailing address and social media contact information (“Contact Information”).
  • your business information such as company name and business title.
  • your credit card and/or bank account information.
  • your images and voice in our activities photos or videos.

 

Purpose of collecting personal data.

HKIFA collects and uses your personal data:

  • to communicate with you and assist with your queries.
  • for promotional purposes (Please see “Promotion” below).
  • for sharing latest news on Fintech and general technology development with you.
  • for its general business operations and recordkeeping.
  • to process donations and other payments, and issue receipts to you.

If you choose not to provide certain personal data to us, we may not be able to provide you with the information or services you require. We regard the security of your personal data as a priority and implement a number of physical and electronic measures to protect it.

 

Promotion.

Only with your consent or with your indication of no objection, we may use your Contact Information to send you information about our services and activities; and we may provide your Contact Information to organisations that may offer you discounts, benefits, products and/or services related to your support to HKIFA, and these include other non-profit organisations as well as companies in the following lines of business: education, financial services, travel, hospitality, and we may receive compensation or other benefits in exchange. However, we will not provide your personal data to third parties as described above unless we receive your written consent to do so.

 

Transfer of personal data.

We may transfer your personal data to third parties, as follows:

  • to our service providers who provide us with data entry and activities management services. These service providers are under a duty of confidentiality to us and are only permitted to use your personal data in connection with the purposes specified in this privacy policy (but not for their own purpose).
  • to organisations as set out in Direct Marketing section above.

Please note that some of the persons to whom we disclose personal data are located out of your home jurisdiction.

 

Access, correction and queries.

You may at any time request access to or correction of your personal data held by us. As permitted by applicable law, we reserve the right to charge a reasonable fee for complying with your data access request. When you request access, we may need to take measures to verify your identity. You may contact our Privacy Officer at info@hkifa.org.

 

Third party links

Our website may contain links to other sites and pages which are operated by third parties. We have no control over the content of the linked websites or the way in which the operators of those websites deal with your personal data. You should review the privacy policy for those third party websites to understand the ways in which your personal data may be used by those third parties.

 

HKIFA may modify this privacy policy from time to time and if it does so, any updated privacy policy will be available from our website at www.hkifa.org.