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The following terms and conditions ("Terms and Conditions", which term shall, unless the context requires otherwise, include any additional terms and conditions referred to herein) shall apply to the use of the eService System (System) and all services and functions (eService) from time to time made available by the Mandatory Provident Fund Schemes Authority (MPFA) through the System for registered intermediaries (as defined in the Mandatory Provident Fund Schemes Ordinance (Cap 485) (MPFSO) (Registered Intermediaries)).
For the purposes of these Terms and Conditions, "User" means a Registered Intermediary who has been assigned a login ID and password by the MPFA to use the System and eService.
By clicking the "Accept" button when these Terms and Conditions are displayed or by accessing the System and eService with your login ID and password or through the authentication mechanism provided in your “iAM Smart” account or “iAM Smart+” account (both accounts as referred to in the ‘iAM Smart” User Terms of Use available at https://www.iamsmart.gov.hk/en/privacy_and_terms.html), you confirm that you are an authorized User and have read, and agree to be bound by, these Terms and Conditions.
| 1. | Login ID and password, “iAM Smart” account and “iAM Smart+” account | |||||||||
| 1.1 | The User has been assigned a login ID and password by the MPFA to use the System and eService. The User undertakes to use its login ID and password in accordance with these Terms and Conditions. Where the User is a principal intermediary (as defined in the MPFSO) and subject to the sole discretion and approval of the MPFA, the User may be assigned with more than one set of login ID and password for accessing the System and eService through different accounts with such conditions and restrictions (“Access Restrictions”) as set out in these Terms and Conditions or as the MPFA may from time to time impose/ update and notify to the User. | |||||||||
| 1.2 | Where the User is an individual subsidiary intermediary (as defined in the MPFSO), in addition to using the login ID and password assigned by the MPFA, the User may use the authentication mechanism provided in his/her “iAM Smart” account or “iAM Smart+” account (both as referred to in the “iAM Smart” User Terms of Use) as an alternative means to access the System and eService. | |||||||||
| 1.3 | The User acknowledges that its login ID, passwords, “iAM Smart” account password and “iAM Smart+” account password are strictly confidential and personal to the User and must not be disclosed to any other person or unauthorized personnel/third parties. The User shall act in good faith and exercise all diligence in maintaining the confidentiality and security of its login ID, passwords, “iAM Smart” account password and “iAM Smart+” account password. Where the User is a principal intermediary, it may, subject to the Access Restrictions, designate appropriate personnel as its authorized person(s) for accessing to and operating each account and using the eService on its behalf and in which case, the principal intermediary shall procure that the login ID and passwords of each account assigned to any such authorized person(s) shall not be disclosed to any other person or unauthorized personnel/third parties and shall also procure any such authorized person(s) to abide by these Terms and Conditions. | |||||||||
| 1.4 | Where the User is a principal intermediary, the following Access Restrictions are applicable in respect of the respective accounts below (which are some common types of accounts assigned to a principal intermediary but are not meant to be exhaustive):
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| 1.5 | The User may change its password assigned for accessing the System and eService at any time either online via the System or the MPFA's website at www.mpfa.org.hk (any such change will be effective only if accepted by the System) or by making a request for resetting password to the MPFA. | |||||||||
| 1.6 | If there are a number of unsuccessful consecutive login attempts involving the User’s login ID, the MPFA may lock the User's account and suspend the User's access to the System and eService. | |||||||||
| 1.7 | If the MPFA has any reason to believe that the User's login ID and/or password have been discovered and/or used by a person without the knowledge, consent or permission (express or implied) of the User or that there has been actual or possible unauthorized use of the System or eService, the MPFA may revoke the relevant password and assign replacements to the User. | |||||||||
| 1.8 | If the MPFA has any reason to believe that the “iAM Smart” account password and/or “iAM Smart+” account password have been discovered and/or used by a person without the knowledge, consent or permission (express or implied) of the User, or that the User has been suspended or removed from accessing or using the “iAM Smart” account and/or “iAM Smart+” account, or that there has been actual or possible unauthorized use of the System or eService, the MPFA may suspend or cease (as the case may be) the use of the authentication mechanism provided in the relevant “iAM Smart” account and/or “iAM Smart+” account for accessing the System or eService. | |||||||||
| 1.9 | If the User notices or suspects that its login ID and/or password, “iAM Smart” account password or “iAM Smart+” account password are known or are being used by any unauthorized party or that there has been actual or possible unauthorized use of the System or eService, the User shall immediately change its login password or “iAM Smart” account password or “iAM Smart+” account password (as the case may be), and notify the MPFA as soon as practicable. Also, if the User has been suspended or removed from accessing or using the “iAM Smart” account and/or “iAM Smart+” account, the User shall notify the MPFA as soon as practicable. | |||||||||
| 2. | Using the System and eService | |||||||||
| 2.1 | The System and eService will enable Users to: | |||||||||
| 2.1.1 | view the User's own registration information, and history of online submissions (for lengths of periods determined by the MPFA) made via the System and eService; | |||||||||
| 2.1.2 | make certain submissions under Part 4A of the MPFSO to the MPFA via electronic means including interactive forms; | |||||||||
| 2.1.3 | make payment of certain statutory fees and charges to the MPFA either through the System or via any third party websites; | |||||||||
| 2.1.4 | download reports on compliance of continuing professional development requirements (applicable to a principal intermediary user); | |||||||||
| 2.1.5 | open new accounts for its authorized persons to perform certain functions on its behalf, and deactivate those accounts when necessary, on the System and eService (applicable to a principal intermediary user); and | |||||||||
| 2.1.6 | receive notices and other documents for the purposes of Part 4A of the MPFSO and section 206(2)(c) of the Mandatory Provident Fund Schemes (General) Regulation (Cap 485A) from the MPFA. | |||||||||
| 2.2 | The MPFA may from time to time determine/change the scope of eService made available to the User and the limitations under each of the User’s accounts. | |||||||||
| 2.3 | If the User is a principal intermediary, subject to paragraph 2.2 above, the following table shows the scope of eService made available and the limitations under the respective accounts below (which are some common types of accounts assigned to a principal intermediary but are not meant to be exhaustive):
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| 2.4 | In accessing and using the System and eService, the User shall: | |||||||||
| 2.4.1 | use the System and eService only for lawful purposes; | |||||||||
| 2.4.2 | not interfere with, damage or disrupt any part of the System or the MPFA's websites or any equipment, systems or network used to operate the System and eService; | |||||||||
| 2.4.3 | not transmit any data or send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any harmful programmes or similar computer code designed to adversely affect the operation of any computer software or hardware; | |||||||||
| 2.4.4 | comply with all requirements, guidelines and user manuals that may be issued by the MPFA from time to time regarding the formats and/or standards required for submissions to be made by Users via the System and eService. | |||||||||
| 2.5 | Submissions and other actions made by the User via the System and eService may be subject to additional terms and conditions. Such additional terms shall be drawn to the User's attention during the process and, should the User proceed with such submissions or other actions, such additional terms shall form a part of these Terms and Conditions, and shall prevail over these Terms and Conditions to the extent of any conflict or inconsistency. | |||||||||
| 2.6 | If the User becomes aware that its information on the System is incorrect, incomplete or out of date, it should notify the MPFA as soon as possible while adhering to all statutory timeframes. The MPFA shall use its reasonable endeavours to ensure that the information on the System accurately reflects submissions and information provided by the User or available to the MPFA although due to the time required to process submissions and update information, there may be a time lag before such information is shown and/or updated on the System. | |||||||||
| 2.7 | The MPFA reserves the right to amend or change from time to time and without prior notice the information made available to the User on the System. | |||||||||
| 2.8 | Any access to the System and eService with the User's login ID and password, or through the “iAM Smart” account or “iAM Smart+” account shall be deemed the use of the System and eService by the User, and the User shall be responsible for all acts and things done during such use. The MPFA shall be under no obligation whatsoever to investigate or verify the authority of persons using the User's login ID and password or the authentication mechanism provided in the "iAM Smart" account or “iAM Smart+” account. | |||||||||
| 2.9 | A user manual for the eService is available to Users. Users must follow all relevant directions/instructions in the user manual whenever they access/operate the eService. The MPFA may inform Users from time to time about changes to the way Users should access/operate the eService. Users must observe such changes when accessing/operating the eService. | |||||||||
| 3. | Availability of the System and eService | |||||||||
| 3.1 | The MPFA gives no warranty or undertaking, expressed or implied, to the User in respect of the availability of the System and eService. The User acknowledges and accepts that assignment of a login ID and password does not guarantee that the System and eService will be available to the User when the User wishes to access the System and eService. | |||||||||
| 3.2 | The User is responsible for ensuring that it complies with its statutory obligations in a timely manner, whether or not the System and eService are available. The User acknowledges that in circumstances where it cannot access the System or eService for whatever reason, it is not relieved of any of its obligations under the MPFSO (as may be applicable), including without limitation the submission of any notifications, documents, information or forms, and the payment of any statutory fees and charges, to the MPFA. | |||||||||
| 3.3 | Subject to the applicable provisions of the MPFSO, the MPFA may from time to time modify, suspend or interrupt access to the System and eService, in full or in part, at any time and without prior notice, for reasons including (without limitation) maintenance works. Notice of such modifications, suspensions or interruptions shall be made available on the System or MPFA's website at www.mpfa.org.hk. | |||||||||
| 4. | Personal Data | |||||||||
| 4.1 | All personal data provided by the User to the MPFA via the System and eService shall be treated in compliance with the Hong Kong Personal Data (Privacy) Ordinance (Cap 486) as amended from time to time. | |||||||||
| 4.2 | Additional information regarding the manner in which the MPFA may use or deal with such personal data is set out in the MPFA's Personal Information Collection Statement. The User acknowledges and agrees to be bound by the terms of the MPFA's general Personal Information Collection Statement available at https://eservices.mpfa.org.hk/eservice/download/PICS_E.pdf. The User may need to read and/or consent to specific Personal Information Collection Statements when accessing individual functions under the eService. When there is conflict between a specific Personal Information Collection Statement and the general Personal Information Collection Statement, the former shall prevail. | |||||||||
| 5. | Liability | |||||||||
| 5.1 | All warranties, conditions, representations and terms, whether express or implied by statute, common law or otherwise, with respect to the System and eService are excluded from these Terms and Conditions to the extent that they may be excluded as a matter of law. | |||||||||
| 5.2 | The MPFA shall not accept any liability of whatever nature for any claims, liabilities, losses, damages, costs or expenses howsoever caused, whether arising directly or indirectly from the use of or inability to use the System or eService (or any part thereof) or from any error, omission, misstatement or inaccuracy in the information made available to the User via the System and eService, or from any interruption of transmission, transmission blackout, delayed transmission due to Internet traffic or incorrect data transmission. | |||||||||
| 5.3 | To facilitate certain services or functions under the eService to the User, the System may incorporate third party software, and may contain hyperlinks, or may otherwise redirect the User, to websites maintained by other parties. The provisions under paragraphs 5.1 and 5.2 above shall be extended to cover these third party software and websites mutatis mutandis as if references in those paragraphs to the "System" and/or "eService" were to these software and websites. | |||||||||
| 5.4 | Paragraphs 5.1 to 5.3 above are in addition and without prejudice to the immunity given to the MPFA under section 42B of the MPFSO. | |||||||||
| 5.5 | The User shall be liable for and shall indemnify the MPFA and its officers, directors, agents, successors and assigns from and against any and all claims, liabilities, losses, damages, costs and expenses (including without limitation legal expenses) of any kind which arise out of or in connection with, whether directly or indirectly, the User's breach of these Terms and Conditions. | |||||||||
| 6. | Suspension and Termination | |||||||||
| 6.1 | If the User breaches any of its obligations under these Terms and Conditions, the MPFA may in its absolute discretion and without prior notice suspend or terminate the User's access to and/or use of the System and eService. The MPFA shall notify the User in writing of any such suspension or termination. Such suspension or termination shall not prejudice or affect any other right, action or remedy that may be available to the MPFA. | |||||||||
| 6.2 | In the event that the User's registration as a Registered Intermediary is revoked by the MPFA for whatever reason: | |||||||||
| 6.2.1 | if the User was a principal intermediary whose registration has been revoked, the MPFA may without notice terminate the User's access to and/or use of the System and eService; | |||||||||
| 6.2.2 | if the User was a subsidiary intermediary whose registration has been revoked, the MPFA may without notice limit and/or terminate the User's access to and/or use of the System and eService. | |||||||||
| 6.3 | Subject to applicable provisions of the MPFSO, the MPFA may in its absolute discretion terminate with immediate or subsequent effect or suspend the availability of the System and eService in respect of all or certain class(es) of Users at any time by giving notice in writing on the System or the MPFA's website. Such suspension may be for a period or until the occurrence of an event, determined by the MPFA, or until further notice by the MPFA. | |||||||||
| 7. | Variation | |||||||||
| The MPFA 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. Any such variations shall be available on the MPFA website at www.mpfa.org.hk and the User's continued use of the System and eService shall constitute the User's acceptance of the revised Terms and Conditions. | ||||||||||
| 8. | Notices | |||||||||
| 8.1 | Any notice to be given under these Terms and Conditions shall be in writing. | |||||||||
| 8.2 | In relation to certain services or functions under the eService which involves the giving of notice or document by the MPFA to the User for the purposes of the MPFSO, the User hereby gives consent to the MPFA giving such notice or document by means prescribed in section 206(2)(a) and (b) of the Mandatory Provident Fund Schemes (General) Regulation (Cap 485A). If the User shall subsequently revoke such consent, the relevant services or functions will not be available to the User. | |||||||||
| 9. | Severability | |||||||||
| If any of these Terms and Conditions are 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. | ||||||||||
| 10. | Waiver | |||||||||
| Any failure by the MPFA to exercise any of its rights or remedies under these Terms and Conditions shall not constitute a waiver of any such rights or remedies. | ||||||||||
| 11. | Entire Agreement | |||||||||
| These Terms and Conditions (and any additional terms referred to herein) set out the terms on which the System and eService are made available to Users. | ||||||||||
| 12. | Applicable Law | |||||||||
| These Terms and Conditions shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region. In the event of any dispute arising from or in connection with these Terms and Conditions, the parties shall irrevocably submit to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region. | ||||||||||
| 13. | Non-replacement of legal requirements | |||||||||
| These Terms and Conditions do not modify or replace any laws, rules or regulatory requirements. Nothing in these Terms and Conditions will affect the rights of the MPFA to exercise any of its powers or perform any of its functions under the MPFSO. | ||||||||||
| 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. | ||||||||||
The following terms and conditions (these additional terms) are in addition to the Terms and Conditions for Use of the eService System (eService Terms and Conditions), and shall apply to certain applications for registration as subsidiary intermediary under section 34U of the Mandatory Provident Fund Schemes Ordinance (the MPFSO) and approval of attachment of subsidiary intermediary to principal intermediary under section 34V of the MPFSO which are to be facilitated through the System and eService. In these additional terms:
| (a) | references to “section” are, unless otherwise specified, to the relevant statutory provision under the MPFSO; | |
| (b) | references to “principal intermediary” and “subsidiary intermediary” shall have the same meaning ascribed to them in sections 34G and 34H respectively; | |
| (c) | capitalized terms shall, unless otherwise defined herein, have the same meaning as defined in the eService Terms and Conditions; and | |
| (d) | the term "User" when used in these additional terms shall, where the context requires, refer to either or both of: | |
| (i) | a User (as defined in the eService Terms and Conditions) who is a principal intermediary; and | |
| (ii) | any person who applies for registration as subsidiary intermediary under section 34U(1) through the System and eService in accordance with these additional terms and the eService Terms and Conditions. | |
| By clicking [the "Accept" button], you confirm that you are an authorized User and that you have read, and agree to be bound by, the eService Terms and Conditions and these additional terms. | ||
| 1. | Applications under sections 34U and 34V of the MPFSO | |
| 1.1 | The System and eService allows a User to make applications for registration as subsidiary intermediary under section 34U(1) or approval of attachment of subsidiary intermediary to principal intermediary under section 34V(1), provided that an application under section 34U(1) can only be made if an accompanying application under section 34V(1) as required by section 34U(2) is also made via the System and eService. The above services are collectively referred to in these additional terms as “this eService”. | |
| 1.2 | Applications made via this eService shall only be regarded as having been validly made when all information and application documents (including original documents) required by the MPFA for the purpose of the relevant provisions under the MPFSO have been delivered to, and actually received by, the MPFA, and verified to the satisfaction of the MPFA, together with payment of the prescribed application fee, subject also to any applicable law. | |
| 1.3 | To use this eService, a User who is a principal intermediary must have: | |
| 1.3.1 | notified the “principal applicant” (defined in section 34U(11)) or “another person” (referred to in section 34V(1)) (collectively the “relevant data subject”) of the use of his / her personal data for the purpose of, inter alia, the relevant applications and its disclosure to the MPFA or, if the above use of personal data is regarded as a “new purpose” under Data Protection Principle 3 of the Personal Data (Privacy) Ordinance (Cap. 486 of Laws of Hong Kong), obtained the prescribed consent from the relevant data subject for such use; and | |
| 1.3.2 | consented to being given by the MPFA any notice or document required to be given for the purposes of the MPFSO by means prescribed in section 206(2)(a) and (b) of the Mandatory Provident Fund Schemes (General) Regulation, and that such consent is not revoked. | |
| 1.4 | A User who intends to apply for registration as subsidiary intermediary for carrying on regulated activities for a principal intermediary to which he / she is to be attached under section 34U(1) via this eService will be provided, through the principal intermediary, by the MPFA with temporary login credentials for accessing this eService within such period of time as may be prescribed by the MPFA and notified to the User, which login credentials will expire at the end of the relevant prescribed period without further notice. | |
| 1.5 | In making an application under section 34V(1) via this eService which application is to accompany an application under section 34U(1) as required by section 34U(2), a User shall make available such facility and provide such assistance as may be necessary to enable another User to make an application under section 34U(1) via this eService. The User who is a principal intermediary acknowledges and agrees that the application under section 34V(1) will be submitted to the MPFA at the same time when the relevant application under section 34U(1) is submitted via this eService. | |
| 1.6 | Users shall exercise due care and diligence throughout the application process and shall, without prejudice to the generality of the foregoing and subject to any other requirements expressly set out or otherwise referenced in the relevant electronic application forms, verify all information and documents in support of the relevant applications which are required to be submitted to the MPFA. | |
| 1.7 | Users must follow such directions and instructions, and observe such limitations and restrictions, all as the MPFA may from time to time prescribe for the purpose of this eService and notify to Users in writing, whether through user manual, circulars, letters, other documents, electronic mails or the System. | |
| 2. | Reservation of rights and disclaimers | |
| 2.1 | Notwithstanding anything in these additional terms, the MPFA reserves the right to require any person to make applications under sections 34U(1) or 34V(1) through other means made available by the MPFA other than this eService. | |
| 2.2 | The MPFA also reserves the right to, in response to any corresponding change in the relevant statutory requirements, amend or change from time to time, and without prior notice to the Users, the procedures and requirements applicable to this eService. | |
| 2.3 | The MPFA gives no warranty or undertaking, express or implied, to Users in respect of the availability of this eService. Users acknowledge and agree that in circumstances where they cannot access or use the System or this eService for whatever reason, they would resort to other means made available by the MPFA for making applications under sections 34U(1) and 34V(1). | |
| 3. | Conflict | |
| These additional terms shall, for the purpose of this eService, prevail over the eService Terms and Conditions to the extent of any conflict or inconsistency. For the avoidance of doubt, provisions of the eService Terms and Conditions, to the extent that they are not inconsistent with these additional terms, shall be applicable to a User falling within any of paragraphs (i) and (ii) of the definition of “User” under these additional terms. | ||
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