ONLINE TERMS AND CONDITIONS
Please read these Terms and Conditions carefully.
They are important as they form a legally binding contract between you
and Swiss Privilege Limited.
By accessing the web site and using the online
services you agree to be bound by these Terms and Conditions. If you do not
accept these Terms and Conditions then do not use the web site.
1. Definitions & Interpretation
| 1.1 |
In these Terms and Conditions the following words and expressions have
the meaning set out against such word or expression below:
|
"Club Suisse" |
the loyalty club for Policy Holders operated by SP; |
| "Content" |
the content of the Web Site including information (including
an expression of opinion) in whatever form (whether written, oral,
visual or electronic), reports, exchange rates, market and financial
information, text, graphics, links, sound, photographs, illustrations
and software and Portfolio Information;
|
| "SP" |
Swiss Privilege; |
| "Customer" |
a customer of AXA Wealth Management (HK) Limited who has been given a Customer Logon
by SP and who accesses the Web Site; |
| "Customer Data" |
any information in whatever form (whether written, oral, visual or
electronic) provided by the Customer to SP in connection with the
Online Services and any such information arising out of the Customer's
use of the Online Services and held by SP; |
| "Customer Instructions" |
instructions given via the Web Site in connection with the Online
Services by quoting the Customer Login and Password of the Customer; |
| "Customer Login" |
the login code allocated to the Customer by SP for the purpose
of enabling the Customer to access the Online Services; |
| "Customer Portfolio" |
the Policies and Investments maintained by the Customer with
AXA Wealth Management (HK) Limited; |
| "Hong Kong" |
the Hong Kong Special Administrative Region of the People's Republic
of China; |
| "Investments" |
investment products offered by AXA Wealth Management (HK) Limited from time
to time; |
| "Linked Web Site" |
a third party web site linked to the Web Site by a graphic or text
hyperlink which Customers can click on to move from the Web Site to
the third party web site; |
| "Losses" |
actions, proceedings, losses, damages, liabilities, claims, costs
and expenses (including fines, penalties, legal and other professional
fees, costs and expenses); |
| "Online Services" |
the services made available by SP via the Web Site from time to
time; |
| "Password" |
the password provided to the Customer by SP for the purpose of
enabling the Customer to access to the Online Services; |
| "Permitted Purpose" |
the Customer giving instructions to and communicating with SP for
the purposes of managing the Customers' Portfolio (including change
of contact details, fund switching, portfolio switching, premium allocation
and changes of beneficiary) and obtaining information, products, services
and benefits and privileges from SP via Club Suisse or otherwise
and from other members of AXA Wealth Management (HK) Limited; |
| "Policies" |
insurance policies offered by AXA Wealth Management (HK) Limited from time to time
and the expression "Policy" shall mean any such policy; |
| "Policy Holder" |
the holder of a Policy; |
| "Portfolio Data" |
policy and fund names, details of premiums including start date,
numbers of units, unit bid prices, unit prices, unit holdings, account
values, exchange rates, encashment values and other information relating
to the Customer's Portfolio provided by SP via the Web Site; |
| "Relevant Terms and Conditions" |
terms and conditions other than these Terms and Conditions which
apply to the relevant Policy, Investment or the provision of the relevant
Service; |
| "Service" |
a service provided to the Customer by SP or AXA Wealth Management (HK) Limited or
any other member of AXA Wealth Management (HK) Limited; |
| "Terms and Conditions" | these terms and conditions as amended by SP from time to time; |
| "Third Party Services" |
services and products offered via the Web Site by persons other
than SP or other members of AXA Wealth Management (HK) Limited; |
| "Third Party Suppliers" |
persons providing Third Party Services; |
| "Transaction" |
a transaction carried out by SP or another member of AXA Wealth Management (HK) Limited
as a result of a Customer Instruction; |
| "Web Site" |
the Internet site established, operated or maintained for Customers
by SP currently under the URL www.swissprivilege.com; and |
|
| 1.2 |
In these Terms and Conditions, unless the context requires otherwise:
| (i) |
the word "person" includes individuals, companies, firms, partnerships,
corporations, associations or other incorporated or unincorporated entities; |
| (ii) |
use of the singular includes the plural and vice versa; and |
| (iii) |
use of any gender includes every gender. |
|
| 1.3 |
In these Terms and Conditions:
| (i) |
references to "include" or "including" are to be construed without limitation; |
| (ii) |
references to "writing" or "written" include faxes and any non-transitory
form of visible reproduction of words (including e-mail); and |
| (iii) |
headings are included for convenience only and shall not affect
construction. |
|
2. Access, Security & Unauthorised
Transactions
| 2.1 |
SP will provide each Club Suisse member with a Customer Login and, on
the Customer's first use of the Online Services, an initial Password in order
to authenticate the Customer's access to the Online Services. |
| 2.2 |
The Customer Login and the Password are for the sole and exclusive use
of the Customer. |
| 2.3 |
When accessing the Web Site for the first time, and from time to time
thereafter, the Customer shall provide such information as SP may require
for the purposes of identification including the Customer Login but, save
for verifying the Customer Login and the Password of the Customer, SP shall
be under no duty to verify the identity or authority of the person giving,
or the authenticity of, any Customer Instruction. |
| 2.4 |
When logging in to the Web Site for the first time the Customer will be
provided with a Password which will be sent to the e-mail address given
by the Customer to SP. The Customer may ask to change the Password from
time to time in accordance with the procedures laid down by SP from time
to time but any such change shall not be effective until confirmation of
acceptance has been given by SP to the Customer. Such acceptance will usually
be sent via e-mail. When accepted by SP the changed Password shall be the
Password for the purposes of these Terms and Conditions. |
| 2.5 |
The Customer acknowledges and agrees that:
| (i) |
the Customer Login and Password are confidential and that the Customer
must take reasonable measures to safe-guard their confidentiality
and security and to ensure that no person has unauthorised access
to them; and |
| (ii) |
the Customer will not at any time or for any purpose disclose
the Customer Login and/or Password to any person other than Swiss Privilege; and |
| (iii) |
any person who knows, or who has access to, the Customer Login and
Password will be able to access the Web Site and/or the Online Services
as the Customer and carry out transactions online on behalf of the
Customer and that subject to Clause 2.8 the Customer and not Swiss Privilege will
be responsible for any Losses connected with any such access and/or
use irrespective of whether the person using the Customer Login and/or
Password is using it with the Customer's authority. |
|
| 2.6 |
If the Customer suspects or becomes aware that the Customer Login and/or
the Password have become known to anyone other than the Customer
or SP, or that the Customer Login and/or Password are being used
by someone other than the Customer or for a purpose other than the
Permitted Purpose, the Customer must notify SP immediately by telephone
at 2864 5888 with confirmation in writing if requested by SP) and
until SP receives such notification the Customer shall remain liable
for the use of the Online Services by any unauthorised person or
for any purpose other than the Permitted Purpose. |
| 2.7 |
SP and the other members of AXA Wealth Management (HK) Limited will take all reasonably
practicable steps to ensure that the computer systems used by them in connection
with the Web Site and/or the Online Services have encryption and other security
or risk management measures which are appropriate in view of the nature
of the Online Services. |
| 2.8 |
Subject to the Customer complying with Clauses 2.5 and 2.6 above and subject
to Clause 2.9 below, the Customer shall not be liable for a Customer Instruction
or an unauthorised Transaction carried out as a result of:
| (i) |
the negligence or wilful default of SP or another member of
AXA Wealth Management (HK) Limited or any of their officers, employees or agents; |
| (ii) |
a computer crime which is not prevented by the encryption and other
security or risk management systems maintained by SP or another member
of AXA Wealth Management (HK) Limited in respect of the Web Site and/or Online
Services; or |
| (iii) |
a failure or default of the computer systems maintained by SP or
another member of AXA Wealth Management (HK) Limited in respect of the Web Site
and/or Online Services. |
|
| 2.9 |
Notwithstanding any other provision of these Terms and Conditions, the
provisions of Clause 2.8 shall not limit or exclude Customer's
liability for any Customer Instruction or Transaction carried out
as a result of fraud, dishonesty, wilful misstatement, negligence
or omission by or on behalf of the Customer. |
| 2.10 |
The Customer acknowledges that the Internet is not a secure medium, that
SP cannot guarantee that e-mails sent by the Customer to SP or by SP
to the Customer will be received and that SP does not warrant, represent
or guarantee the receipt, privacy, security, integrity or authenticity of
e-mails sent via the Internet or that they will be received without delay
or at all. |
3. Online Services
| 3.1 |
SP provides the Online Services for the Permitted Purpose only. |
| 3.2 |
The Customer must not:
| (i) |
use the Online Services for any purpose other than the Permitted
Purpose; or |
| (ii) |
permit or allow anyone other than the Customer to use the Online
Services or to access the Web Site or give Customer Instructions on
behalf of the Customer. |
|
| 3.3 |
The granting of access to the Online Services and the Web Site is at the
sole discretion of the SP who may at any time and from time to time cancel
or suspend the Online Services or the Web Site or any part thereof or the
Customers' access thereto without giving notice or reason and without liability
on the part of SP or any other member of AXA Wealth Management (HK) Limited. |
| 3.4 |
The Online Services will usually be available at all times but SP reserves
the right at any time and at its entire discretion and without giving notice
or reasons, to set, vary, modify, suspend, determine, reduce or expand the
type, nature, availability or functionality of the Online Services. |
| 3.5 |
SP manages the Web Site from Hong Kong. Neither SP nor any other
member of AXA Wealth Management (HK) Limited warrants or represents the Online
Services are available, or that it is lawful for them to be offered
or used, in any other jurisdiction. The Online Services are only
offered to, and are only intended for use by, persons in jurisdictions
where they may be lawfully offered by the relevant member of AXA Wealth Management (HK) Limited
and used by such persons. Before using the Online
Services it is the responsibility of the Customer to check whether
there are any prohibitions or restrictions on the offering of the
Online Services to, or the use of the Online Services by, the Customer
and if there is any such prohibitions or restrictions to comply
with these accordingly. |
| 3.6 |
The Customer shall not copy, adapt, reverse engineer, decompile, disassemble
or modify or in any way tamper with the Web Site or the Online Services
or any part thereof including any software programs comprised therein or
assist or permit anyone else to do so. |
4. Content
| 4.1 |
Whilst SP will take reasonable steps to ensure that Content is correct
and up to date at the time it is posted on the Web Site Content, but Content
including Portfolio Data, is provided for general information purposes only
and should not be relied upon by the Customer. |
| 4.2 |
Neither SP nor any other member of AXA Wealth Management (HK) Limited:
| (i) |
makes any representation or warranty of any kind, express or implied
regarding the accuracy, validity, reliability or fitness for purpose
of the Content or otherwise or warrants, represents or guarantees
that it is correct, up to date and not misleading; or |
| (ii) |
accepts any liability for Losses resulting directly or indirectly
from any reliance placed by the Customer on any Content or any act
or omission based on reliance on Content. |
|
| 4.3 |
Content constitutes neither a request nor an offer or recommendation to
take out or cancel Policies or buy or sell Investments and is not intended
to provide professional or investment advice. Neither SP nor any other
member of AXA Wealth Management (HK) Limited is, or shall deemed to be, using the Web
Site to provide investment or other advice or to act as investment adviser
to any Customer. |
| 4.4 |
The Customer acknowledges that it is the responsibility of the Customer
to verify Content including Portfolio Data before relying or acting on it
and that SP advises the Customer to obtain independent professional advice
including legal, tax and investment advice before making investment or other
business decisions relating to the Customer's Portfolio. |
| 4.5 |
The Customer acknowledges that SP is not utilising the Web site to provide
investment or other advice to Customers or any other party, and no information
or material on the Web Site is to be relied upon for the purpose of making
or communicating investment or other decisions. To the effect that investment
involves risks, and (where past performance is quoted) the past performance
figures shown are not indicative of future performance. Customers should
consult their advisor before taking any investment decision. |
| 4.6 |
The records maintained by SP or the relevant member of AXA Wealth Management (HK) Limited
shall, for all purposes, be the conclusive evidence of Portfolio Data. |
5. Customer Instructions
| 5.1 |
SP shall be entitled to assume that Customer Instructions given under
the Customer Login and Password are from the Customer and are valid and
shall be entitled to act on such instructions without carrying out any further
check or investigation into the identity or authority of the person giving
such instructions. |
| 5.2 |
Once given Customer Instructions may not be changed or revoked by the
Customer without SP's prior written consent. |
| 5.3 |
SP will act on Customer Instructions only in so far as they are lawful
and reasonable and received in accordance with these Terms and Conditions. |
| 5.4 |
SP will normally send an electronic acknowledgement of receipt of a Customer
Instruction but a Customer Instruction received by SP will be processed
by SP in accordance with its internal procedures. SP does not represent,
warrant or guarantee that a Customer Instruction will be processed on the
day of receipt. The Customer giving a Customer Instruction is responsible
for checking whether a Transaction has been effected as a result of such
Customer Instruction. |
6. Fees, Charges
| |
SP reserves the right to charge such fees and charges in respect of the
use of the Web Site and/or Online Services as it shall in its absolute discretion
determine provided that it shall give Customers reasonable notice of such
fees and/or charges, if any, including the date upon which they are to become
effective. |
7. Liabilities of SP/AXA Wealth Management (HK) Limited
| 7.1 |
Unless Clause 2.8 applies or unless arising as a result of the negligence
of SP or any other member of AXA Wealth Management (HK) Limited or their respective
officers, employees or agents, neither SP nor any other member of AXA Wealth Management (HK) Limited
assumes or shall have any liability to the Customer
or any other person for Losses arising from or in connection with:
| (i) |
the use of the Web Site and/or the Online Services by the Customer
or any other person whether or not authorised; or |
| (ii) |
any defect, error, fault, mistake or inaccuracy in the Web Site
or Content or Online Services or interruption, suspension, delay,
loss, unavailability or other failure in providing the Online Services
or in communications via the Web Site concerning the Online Services
or otherwise including interception caused by the acts, omissions
or circumstances outside the reasonable control of SP or another
member of AXA Wealth Management (HK) Limited including failure of any communication
network, act or omission of any Third Party Supplier, mechanical,
electrical or power failure, malfunction, failure or breakdown, of
equipment, hardware, software, or facilities, or any law, rules, regulations,
codes of conduct, directions, guidelines or government regulation
or order (whether or not having the force of law). |
|
| 7.2 |
Subject to these Terms and Conditions, SP's liability to the Customer in
relation to the Web Site and the Online Services shall be limited to the
direct damages suffered by the Customer. Under no circumstances, including,
but not limited to, negligence, shall SP or any other member of AXA Wealth Management (HK) Limited
be liable to the Customer for any indirect, special, incidental
or consequential damages including any loss of use, revenue, profits, opportunity
or savings. |
8. Indemnity
| |
The Customer undertakes to indemnify and keep SP and all other members
of AXA Wealth Management (HK) Limited and their respective officer, employees and agents
indemnified from and against all Losses that any of them may suffer in connection
with:
| (i) |
the Customer's access to and/or use of the Web Site (or such access
or use by any other person where such person was able to access the
Web Site or use the Online Services using the Customer Login and Password
of the Customer) unless the Customer has complied fully with its obligations
under these Terms and Conditions relating to access to the Web Site
and/or use of the Online Services or unless such Losses are due to
the negligence or default of SP or another member of AXA Wealth Management (HK) Limited
; or |
| (ii) |
any breach by the Customer of these Terms and Conditions or a breach
of these Terms and Condition by another person where such person was
able to access the Web Site and/or use the Online Services by using
the Customer Login and Password of the Customer (and for these purposes
such person shall be deemed to be subject to these Terms and Conditions). |
|
9. Communications
| 9.1 |
An electronic acknowledgement will usually be issued by SP as soon as
SP receives a Customer Instruction or other communication. Communications
from the Customer to SP including Customer Instructions shall be deemed
to have been received by SP only when an electronic acknowledgement or
other written confirmation of receipt has been sent by SP to the Customer.
|
| 9.2 |
Communications from SP to the Customer shall be deemed to have been received
by the Customer when sent to the Customer by SP. If the Customer does not
receive a communication from SP within a reasonable time of submitting
a Customer Instruction or otherwise contacting SP in circumstances where
a return communication or electronic acknowledgement might reasonably be
expected it shall be the responsibility of the Customer to check with SP
whether the Customer Instruction has been received by SP and/or any return
communication or electronic acknowledgement has been sent by SP. |
| 9.3 |
Communications via the Web Site shall be deemed to take place in Hong
Kong. |
10. Third Party Services
| 10.1 |
The Customer agrees that Third Party Services are provided
by Third Party Service Providers under separate contracts and do not involve
or concern SP or any other member of AXA Wealth Management (HK) Limited. |
| 10.2 |
Neither SP nor any other member of AXA Wealth Management (HK) Limited
gives any representation or warranty as to the Third Party Services or their
suitability, fitness for purpose, content, reliability, accuracy or otherwise. |
| 10.3 |
It is the Customer's responsibility to determine if the Third
Party Services are suitable and whether or not to apply for such services
upon the terms and conditions of the Third Party Service Provider that the
Customer must decide whether or not to accept. |
| 10.4 |
In no circumstances will Swiss Privilege or any other member of AXA Wealth Management (HK) Limited
be liable for any Losses arising from or in connection with the
Third Party Services. |
11. Customer Data
| 11.1 |
The Customer shall provide SP with such information, including
personal data and contact details, as SP shall reasonably require for authenticating
the identity of the Customer and allowing access to the Web Site and provision
of the Online Services. |
| 11.2 |
The Customer warrants that Customer Data provided by the
Customer to SP is, when provided, true, accurate, complete and up to date
and acknowledges that the Customer is responsible for ensuring that it immediately
notifies SP of any changes in such Customer Data previously supplied by
the Customer to SP. |
| 11.3 |
In so far as Customer Data constitutes personal data for the purpose of
the Personal Data (Privacy) Ordinance Cap. 486) the Customer agrees
that such personal data may be used and disclosed for such purposes
and to such persons as may be in accordance with SP's Personal
Data Privacy Policy Statement a copy of which can be accessed at
[AXA Wealth Management (HK) Limited's Personal Data Privacy Policy]. |
| 11.4 |
In certain circumstances SP and/or other members of
AXA Wealth Management (HK) Limited may need to transfer Customer Information to Third Party
Service Providers to enable the Customer to obtain Third Party Services
and the Customer hereby agrees to the transfer of such Customer Information. |
12. Intellectual Property Rights
| 12.1 |
Content is the copyright of SP or other members of AXA Wealth Management (HK) Limited
or Third Party Service Providers. Content is to be used for
browsing purposes only and may not be copied, downloaded, distributed
or published in any way or form without the prior written consent
of SP or other members of AXA Wealth Management (HK) Limited or the relevant
Third Party Service Provider. |
| 12.2 |
Nothing on the Web Site shall be construed as granting any license
or right to use any image, trademark, service mark or logo. No act of
downloading or otherwise copying from the Web Site will transfer title
to any Content to the Customer. SP reserves all rights with respect to
copyright and trademark ownership of all Content, and will enforce such
rights to the full extent of applicable law. |
13. Severability of Provisions
| |
If any provision of these Terms and Conditions is found by any court or
administrative body of competent jurisdiction to be illegal, invalid or
unenforceable, such illegality, invalidity or unenforceability shall not
affect the other provisions of these Terms and Conditions which shall remain
in full force and effect. |
14. Links, Viruses and Downloads
| 14.1 |
SP provides links to Linked Web Sites solely as a convenience
to Customers. This does not imply endorsement by SP of Linked Web Sites
nor the contents of such sites. SP is not responsible for the content of
Linked Web Sites and does not make any warranty, representation or guarantee
regarding the content or accuracy of materials on those sites. The Customer
accesses Linked Web Sites at its own risk. |
| 14.2 |
SP does not:
| (i) |
warrant or represent to the Customer that the Web Site or the Online
Services are free from defect or virus or similar which may adversely
affect the Customer; or |
| (ii) |
accept any liability for any Losses incurred by the Customer or
anyone else either directly or indirectly as a result of computer
viruses or similar matters arising from the Customers use of the Web
Site where such events are not within SP's reasonable control. |
|
| 14.3 |
If Customers download software from the Web Site they do so at their own
risk and subject to any terms and conditions applicable to such
access/use |
15. Amendments
| |
SP may change these Terms and Conditions from time to time by posting
the current version of these Terms and Conditions on the Web Site. The Terms
and Conditions binding on the Customer in respect of any use of the Online
Services shall be the Terms and Conditions posted on the Web Site when the
Customer makes such use of the Online Services. |
16. Waiver and Remedies
| 16.1 |
The failure by SP or any other member of AXA Wealth Management (HK) Limited to exercise
or delay in exercising a right or remedy provided by these Terms
and Conditions or by law does not constitute a waiver of the right
or remedy or a waiver of other rights or remedies. A waiver by SP
or any other member of AXA Wealth Management (HK) Limited of a breach of any
of these Terms and Conditions or of a default under these Terms
and Conditions:
| (i) |
does not constitute a wavier of any other breach or default and
shall not affect the other Terms and Conditions; and |
| (ii) |
will not prevent such person requiring subsequent compliance with
the waived obligation. |
|
| 16.2 |
The rights and remedies provided by these Terms and Conditions
are cumulative and are not exclusive of any rights or remedies provided
by law. |
| 16.3 |
Nothing in these Terms and Conditions shall be read or construed
as excluding any liability or remedy as a result of fraud. |
17. Assignment
| 17.1 |
The Customer may not at any time assign, transfer, charge
or deal in any manner with the Customers' rights under these Terms and Conditions
or purport to do any of the same. |
| 17.2 |
SP shall be entitled to assign its rights under these Terms
and Conditions and any assignee of SP shall in its own right be able to
enforce any of these Terms and Conditions in accordance with these Terms
and Conditions as if it were SP. |
18. Termination of Online Services
| |
The Customer may terminate the Online Services or any of
them at any time by giving such prior written notice and in such manner
as SP shall from time to time prescribe provided always that the remaining
Online Services, if any, shall continue to be governed by these Terms and
Conditions and provided further that all liabilities and obligations of
the Customer incurred or existing prior to such termination shall be unaffected
by such termination and shall continue to be governed by these Terms and
Conditions. |
19. Governing Terms and Conditions, Law,
Jurisdiction and Language
| 19.1 |
Where the Online Services concern a Service that is also governed by
Relevant Terms and Conditions these Terms and Conditions shall apply in
addition to the Relevant Terms and Conditions. Where there is any discrepancy
between these Terms and Conditions and the Relevant Terms and Conditions
these Terms and Conditions shall prevail for the purposes of the Online
Services. |
| 19.2 |
These Terms and Conditions shall be governed by and construed
in accordance with the laws of Hong Kong. |
| 19.3 |
SP and the Customer hereby submit to the non-exclusive jurisdiction
of the courts of Hong Kong over any claim or matter arising under or in
connection with these Terms and Conditions or the legal relationships established
by these Terms and Conditions. |
| 19.4 |
These Terms and Conditions are produced in both English and
Chinese. If there is any discrepancy or inconsistency between the versions,
the English version shall prevail. |
|
