Terms and Conditions of Online Services
The following specifies the terms and conditions on which the Hong Kong Mediation and Arbitration Centre (“HKMAAC”) offer you access to our services provided on the Website, which include but not limited to online registration, member login services and online payment services (collectively called “Online Services”),
- Online registration: application services 1. for programs and examinations held by HKMAAC 2. for courses and seminars held by HKMAAC 3. for events and conferences organized by HKMAAC.
- Member login services: restricted part of the Website for the use of selected individual with designed Login ID and Password. The Member login services are available 1. to provide HKMAAC with an updated personal records 2. to submit annual renewal 3. for online registration and 4. for online payment.
- Online payment services: To facilitate your payment to HKMAAC in relation to Online Services and other applicable fees and charges.
Your use of Online Services on http://www.hkmaac.org (the “Website”) is subject to the following terms and conditions, which you are deemed to accept by using the Online Services on the Website (“this Agreement”). Please read this Agreement carefully. If you do not agree to this Agreement, you must not use the Online Services.
The heading of each clause in this Agreement is added merely for the sake of reference. It does not affect the interpretation or construction of that clause.
Should any discrepancy and/or inconsistency exist between the English and Chinese versions of the Policy the English version shall prevail.
Use of Services
Your usage of the Online Service including but not limited to your usage of your password to access your records represents your acceptance of our Online Services.
HKMAAC shall not be liable for any failure to carry out online instructions which is attributable, wholly or in part, to any cause beyond the control of HKMAAC including but not limited to any equipment malfunction or failure. Under no circumstances shall HKMAAC be responsible to the users for any direct, indirect or consequential losses arising from or in connection with the carrying out or otherwise of the users’ online instructions.
By using our Online Services, you agree to all our terms and conditions, including but not limited to:
- HKMAAC has reserved the right to add, delete or vary the scope of service provided online and any of the terms and conditions herein from time to time;
- HKMAAC may, at any time and at its sole discretion, without giving notice or reason, suspend or terminate all or any of the Online Services, or their usage rights of particular users.
HKMAAC has the right to determine and vary from time to time the scope and type of Online Service to be made available on the Website including but not limited to:
- expanding, modifying or reducing the Online Services at any time;
- imposing and varying any restrictions on the use of Online Services;
- prescribing and changing the service hours and/or cut-off time;
- revising from time to time the prices payable for the Online Services that you order.
Login ID and Password
You are required to quote the Login ID, the Password and any other identifiers (collectively herein referred as identifiers) to as shall be prescribed by HKMAAC in order to log into our Member’s Login Services and give instructions to HKMAAC online. Instructions in connection with our services shall not be considered to be received by HKMAAC unless they are given in such manner as HKMAAC may prescribe from time to time and until HKMAAC have actually received them.
Login ID and the Password (collectively herein referred as identifiers) will be recognized and deemed as your electronic signature and will be legally binding. HKMAAC shall have no obligations or duty to verify authenticity of any instruction or the identity or authority of any person giving such instruction, other than to verify the identifiers. HKMAAC will only act on instruction insofar as it is in our opinion practicable and reasonable to do so and in accordance with its regular business practices and procedures.
HKMAAC shall not be liable for any loss, damage or expense or consequential loss, damage or expenses suffered by you by virtue of any delay in acting on any instruction or for any inability to act as a result of any instruction being unclear or incomplete or you have failed to submit an instruction by the cut-off time specified by HKMAAC from time to time.
If you access the Website from a shared computer, you shall be responsible for all instructions received by us during your access to the Website from the time you pass the security procedure until you exit the Website. This includes any input errors or instructions sent by someone other than you whilst you are still logged onto the Website.
Upon notice or suspicion of the identifiers being disclosed to any unauthorized person or any unauthorized use of the Online Services being made, you shall notify HKMAAC as soon as practicable and, until HKMAAC actual receipt of such notification, you shall remain responsible for any use of the Online Services by unauthorized persons or for unauthorized purposes.
Unauthorized access to Online Services
Access to part of the Online Services is restricted to authorized persons only. If you believe you have been granted access to any confidential document or file in these restricted sections by mistake, you shall leave these restricted sections immediately and contact us by email at email@example.com as soon as possible.
You shall not allow any other person to use your password. If you believe someone else knows your password, you shall change it immediately and contact us by email at firstname.lastname@example.org as soon as possible.
We reserve the rights to remove you from our authorized list of users for any restricted sections or parts of the Website or any HKMAAC's websites at any time at our discretion.
Parts of the Website incorporate encryption technology. However, we cannot guarantee and do not guarantee that unauthorized people will not be able to access confidential information hosted on or downloaded from the Website.
Use of information and materials on the Online Services
The documents and files hosted on the restricted sections of the Website are confidential. You shall not distribute the documents and files hosted in these areas except to persons authorized to read them. If you believe that you may have been granted access to a document or file containing confidential information by mistake, you shall not download it, copy it, use it for any purpose or disclose its contents to any other person.
Availability of products or services
You understand and agree that Online Services shall be provided “AS IS” and “AS Available” and accordingly,
- any warranties of any kind in relation to the Online Service, either express or implied, shall be excluded to the fullest extent permissible pursuant to applicable law;
- HKMAAC shall accept no responsibility for functions provided with the Online Service and shall make no warranties that the Online Service will operate uninterrupted or error-free or that defects will be corrected or that the Quality of the Online Service will meet your expectation;
- HKMAAC shall not warrant that the Service is compatible with your computer equipment or that the Online Service or its server is free of errors or viruses, worms or "Trojan horses" and HKMAAC shall not be liable for any damage you may suffer as a result of such destructive features;
- HKMAAC shall assume no responsibility for the timeliness, deletion, disruption, defect, misbeliever or failure of the provision of the Service;
- despite the fact that HKMAAC has used reasonable endeavours to ensure the accuracy of the information accessed during your use of the Service, HKMAAC shall not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information accessed during your use of the Service; and
- despite the fact that HKMAAC has used reasonable endeavours to ensure the integrity of the security of the Service, you acknowledge that HKMAAC shall not be liable for any loss suffered by you as a result of any breaches in security.
Different classes of products and services may be restricted to different classes of users at the absolute discretion of HKMAAC.
HKMAAC reserves the rights to cancel any of the seminars, events, examinations, applications or order and any payments made by you will be refunded to your account. HKMAAC will notify you of such cancellation and refund by email as soon as practicable.
Payment service is provided by HKMAAC through the Website to facilitate your payment to HKMAAC in relation to the Online services.
Fees and charges payable on various types of products and service provided by HKMAAC shall be at such rates from time to time published by HKMAAC at the Website. All fees and charges are subject to change without prior notice.
All fees or charges payable to any product or services of HKMAAC are in Hong Kong currency unless otherwise stated or shown. All transactions relating to Online Services shall be made in Hong Kong currency.
Payment using the Payment Service shall be made by credit card or any method(s) specified by HKMAAC from time to time. You may select one of the permitted modes of online payment displayed on the Website. You shall ensure appropriate arrangements with the relevant financial institution as to confirmation, approval or authorization necessary for payment of your instruction.
By submitting your particulars under the Payment service, you acknowledge and agree that
- you have the right to operate the account, whether it is a credit card account, or any other account (your Account) from or through which payment is made to HKMAAC, entered into the Website by you;
- all particulars given under the Payment Services are accurate and complete;
- HKMAAC shall be irrevocably authorized to debit your Account the sum shown to or selected by or entered into by you under the Payment Service; and
- you shall be bound by this Agreement
Each financial institution has prescribed its own security measures as regard the use of credit card or any other card for online or electronic payment to HKMAAC through the Internet and the Website. You shall satisfy yourself with the security measure adopted by the relevant financial institution of your card or card account before you employ a particular mode of online or electronic payment.
HKMAAC shall not accept any liability or responsibility for any delay or failure in confirmation approval or authorization of online or electronic payment due to any break down, non-function, malfunction or any other fault of the hardware or software of the system, network, equipment or device involved in connection with the processing or effecting of the online or electronic payment.
HKMAAC reserves a right of recourse against you for any fee or charge of an executed instruction which has not been effectively paid or credited to HKMAAC by your Account.
HKMAAC adopts a general policy that all fees and charges paid by you or charged to you for any product or services provided by HKMAAC are non-refundable.
To the extent permitted by the law, HKMAAC shall not liable or responsible for any fraud or unlawful activities practiced by a third party or any loss and damages inflicted to the user by any third party on your Account arising out of or in connection with your use of HKMAAC Online Services.
Copyright, Trade Mark and other Intellectual Property rights
The copyright and all other intellectual property rights subsisted in all of the content and material of whatever form contained on the Website (including, but not limited to, the organization, layout, information, photographs and graphical images) are owned by HKMAAC and/or its licensors.
Materials on this Website are protected by copyright. Except as expressly permitted by applicable law, you shall not copy (except to the extent required in order to use the Website in accordance with this Agreement), store in any medium (including in any other website), issue copies, make available, make adaptation, distribute, transmit, re-transmit, broadcast, modify, or show in public or otherwise deal with any part of the Website or systematically extract material from the Website or any document available through it or in any other way exploit commercially all or any part of the Website or any document available through it without the prior written permission of HKMAAC.
You undertake to indemnify, defend and hold harmless HKMAAC, affiliates, officers, agents, co-branders or other partners, and employees from and against any or all claims, proceedings, damages, losses, injuries, costs and expenses or liabilities arising from:-
- your breach of any of this Agreement;
- your use of the Online Service and/or the Website;
- any deletions, additions, insertions, or alterations to, or any unauthorized use of, the Website by you; or
- any misrepresentation or breach of representation or warranty made by you contained herein.
Change of Terms and Conditions
We reserve the rights to vary or amend the terms and conditions of this Agreement from time to time at our sole discretion without prior notice. Any variations or amendments shall take effect upon posting of the same on the Website. If you do not agree to any variations or amendments to this Agreement, you shall immediately stop using the Website.
Each of the provision of this Agreement is servable 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 jurisdiction, the legality, validity or enforceability of the remaining provisions shall not be affected in any way.
No act, delay or omission by HKMAAC shall affect its rights, powers and remedies under this Agreement or any further or other exercise of such rights, powers or remedies. The rights and remedies under this Agreement are cumulative and not exclusive of the rights and remedies provided by law.
This Agreement shall be construed in accordance with, and shall be governed by, the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”). You agree to submit to the non-exclusive jurisdiction of the courts of Hong Kong
Hong Kong Mediation and Arbitration Ltd.
Level 12, Infinitus Plaza, 199 Des Voeux Road Central, Hong Kong
Telephone: (852) 3796 3366
Fax: (852) 3796 3000