Terms and Conditions for CCIC Agency Logon Service

These Terms and Conditions explain the respective rights and obligations of the authorized Agents and the Group in connection with the use of the Service.  By requesting for or using or attempting to use the Service, the authorized Agents shall be deemed to have accepted and will be bound by these Terms and Conditions.

1.         Definitions

In these Terms and Conditions, the following words and expressions shall have the corresponding meanings wherever appropriate:

"Access Codes" means the username and password or other secure pin(s) (whether or not provided to the authorized Agents by the Group) required to gain access to the Service, as may be changed from time to time;

"Associate" means a company or body corporate which is a member of the same "group of companies" (as defined in Section 2 of the Companies Ordinance);

"Group" means China Capital Investment Corporation Limited  / 中國資本投資有限公司 (including its successors and assigns);

 “Group Business Day” means a day on which the Group is open for business in Hong Kong for at least 4 hours, other than on Saturday.

"Agent's Device" means a device (including a computer, mobile device or any other telecommunication equipment) together with all software and other hardware required to access the Service;

"Related Persons" means, in respect of any company, its Associates and the directors, officers, employees and agents of that company and/or its Associates;

"Secure Device" means any smartcard, token, electronic device, hardware or any other equipment issued by the Group from time to time to enable access to the Service;

"the Service" means the Agency Logon services provided by the Group, which allows the authorized Agents to operate through the Agent's Device;

Headings are used for convenience only and should not be taken into account when construing these Terms and Conditions.

2.      Agent's Confirmation of Eligibility

The Agent confirms that he/she is:

a)  the owner of the Agent's Device
b)  or that the Agent's Device has duly authorized the Agent to use it to access and use the service; and
c)  ordinarily resident in, and the Agent's Device is located in such jurisdiction where the Service may lawfully be used by the Agent and provided by the Group.

The Agent agrees to immediately notify the Group in writing if any of the above confirmations cease to be correct.  Unless special arrangements are then agreed in writing with the Group, the Agent must immediately cease using the Service.

3.         Limitations of the Internet Technology

3.1  The Agent accepts that the Internet is a new and rapidly advancing technology.  Accordingly, while the Group is committed to developing its Internet capabilities:

a)  the Service may not meet all the Agent's requirements or expectations;
b)  the features or functionality of the Service may from time to time be varied;
c) the Group will endeavour  to ensure the proper functioning of the Service, but its operation may be subject to interruptions and/or require periodic modifications and improvements;

3.2  Communication by the Internet may be affected by factors beyond the Group's reasonable control, including but not limited to a breakdown or failure of communication facilities, inherent technological deficiencies, network traffic congestion or any blockage, interruption, delay, corruption or interception of such communication.  The Agent acknowledges and agrees that the above factors may cause the followings to happen:
a)  failure or delay in the Service or in the Group's receipt of Instructions;
b)  failure or delay in the execution of Instructions;
The Agent further acknowledges and agrees that there are risks of interception of Instructions as well as errors in any communication of Instructions sent through the Service and it is not usually possible to cancel an Instruction after it has been given even under such circumstances.

4.         Agent's Obligations

The Agent agrees that the Agent shall at all times:

a)  use the appropriate equipment or device and have access to appropriate network connectivity (as determined by the Group from time to time) in order to use the Service;
b)  not to disclose or permit any other person to obtain the Agent's Access Codes
c)  ensure that no other person has unauthorized access to the Service (whether by use of the Agent's Device or otherwise) and, without limitation, will ensure that no other person has access to any password or other authentication required to obtain such access;
d)  not to use or attempt to use the Service for any purpose other than that for which it was intended;
e)  not, and will not attempt to, reverse engineer, decompile, disassemble or otherwise tamper with the Service or any systems or software operated by or on behalf of the Group, or assist or permit anyone else to do so;

5.         Agent's Responsibility for Security

The Agent accepts full responsibility for security of the Access Codes, the Device and use of the Service and agrees to act prudently and in good faith, including by taking the following security measures:

a)  the Agent should not access the Service with a Device which has been infected with malware or has  been tampered with to the extent that such tampering may cause or increase the chance of information being stolen from or malware being downloaded to the Device;
b)  the Agent should not download any software or application from or access any websites of mistrusted sources;
c)  the Agent should ensure that access to Service is through the genuine website of the Group; and
d)  access to the Service shall only be available upon inputting the valid Access Codes and, where appropriate, with pre-registration in accordance with procedures prescribed by the Group from time to time;
e)  the Agent must at all times keep the Access Codes secret and must not disclose it to any other person or write it down or record it in a manner that could result in its disclosure to or misuse by any other person;
f)  the Agent must prevent unauthorized access to the Agent's Device when accessing the Service through such device;
g)  the Agent must not permit the device used for receiving one-time passwords or any Secure Device to come into the possession or control of any other person.

6.         Exclusion of liability of the Group

Under the following circumstances, the Group shall have no liability for any claim, loss or damage in relation to the Service:

a)  where any functionality of the Service is not available, restricted, interrupted, suspended or terminated not due to the negligence or willful default of the Group; and/or
b)  if the Agent fails to carry out those responsibilities set out in Clause 5 (Agent's Responsibility for Security); and/or
c)  to the extent such claim, loss or damage is in respect of any loss of profits or opportunity or any other special, consequential, indirect or punitive loss or damage.

7.         Service Availability and Termination

7.1  The Group's service objective is that the Service will be available at all times. Nonetheless, the Group:

a)  reserves the right to, at any time and from time to time without giving notice or reason, to vary, change, update, restrict, suspend, withdraw or terminate:
i)  the availability or any feature or functionality of the Service; or
ii)  the Agent's access privileges in respect of all or any of the Service;
b)  may impose special conditions for use of the Service through different types of Agent's Devices;
c)  may terminate the Service upon termination of the last Corporate Account registered to the Service.

7.2  The Group will not assume any liabilities or responsibilities for any variation, change, update, restriction, suspension, withdrawal or termination in the Service or any of its feature or functionality.

7.3  The Agent may request to terminate the Service or any feature or functionality of the Service which are capable of being terminated by the Agent (as determined by the Group from time to time) by giving notice to the Group in the form and by means specified by the Group from time to time.

8.         Third Party Internet User Services for Agent

8.1  To enrich the Website and provide more comprehensive services, the Group may from time to time make available to the optional Internet-based services. These may be provided by third party service providers and in all such cases, the Agent agrees and accepts that:

a)  such services and their contents are provided by a third party service provider under a separate arrangement not involving the Group, and the Agent will be subject to the service provider's terms and conditions;
b) while the Group will take reasonable steps when selecting such service providers, no assurance or guarantee can be given and no warranty or representation is made as to the service, or its suitability, content, performance, accuracy, reliability or completeness or otherwise;
c) under no circumstances will the Group be liable for any damage, whether direct or indirect, incidental or subsequent arising out of use of and/or from suspension, disruption or other non- availability of such services, or for any errors or omissions or other problems relating thereto;
d)  to enable the Agent to use certain services, the Group may need to transfer certain personal data of the Agent to the service providers;
e)  before applying for the relevant services, the Agent should consider and understand the terms and conditions as well as the personal data policy of that service provider;

f)  it is solely the Agent's responsibility to decide (having due regard to the descriptions provided by the service provider) if such services are suitable, whether or not to make application for such services,  and whether or not to accept the service provider's terms and conditions and personal data policy (if any).

9.         Copyright Ownership

The Agent acknowledges that the Service and all associated software are proprietary to the Group and/or third party provider(s). The Agent shall not, and shall not assist or permit any other person to tamper with, modify, decompile, reverse engineer or otherwise alter in any way, and shall not attempt to gain unauthorized access to any part of it. At its discretion, the Group may suspend or terminate the Agent's Access Codes and/or close any of the Agent's Account(s) immediately without prior notice if the Agent at any time breaches this or any other agreement or undertaking under these Terms and Conditions or if the Group at any time reasonably suspects any such breach. The Agent undertakes to notify the Group immediately upon becoming aware of any person doing any of the above.

10.       Amendments

These Terms and Conditions may be amended from time to time by the Group. The Group will notify the Agent of any amendments by posting a notice on the Website restricted zone or such other means as the Group deems appropriate.

11.       Personal Data

The Agent agrees to be bound by the Group's data policy applicable from time to time which will apply to all personal data provided by the Agent to the Group as well as to all data arising as a result of the Agent's use of the Service.

12.       Language