Terms of Use for Services and Website

Overview

1. Please carefully read these Terms of Use of Services and Website (“Terms”) of Total Credit Management Services Hong Kong Limited and/or Total Credit & Risk Management Group (collectively known as “TOTAL”), which govern, inter alia:-

   1.1. the registration, access and usage of TOTAL’s online portal and/website at http://www.totalcredit.hk/ (“Website”), and the use of any and all information delivered to you by TOTAL in any form, including but not limited to information received through email and/or accessed electronically through the Website (“Services”); and

   1.2. the registration, access and usage of the Services and Website by any entity or organization ("Client”), including any individuals within that entity or organization, that has registered for use of and/or subscribed to use the Website and/Services; and by any individual who accesses or uses the Website and/or Services, including but not limited to TOTAL’s Clients and their authorized employees (“User”). For the avoidance of doubt, authorized employees refers to individuals who have been authorized by the Client to access and/or use the Services or Website for or on behalf of the Client (“Authorized Persons”).

2. It is important that you carefully read and understand these Terms before registering, accessing or using our Services and Website, as these Terms constitute a legal agreement between you and TOTAL. By registering, accessing, browsing, or using our Services and Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and to comply with all applicable laws and regulations in Hong Kong and/or any other relevant jurisdiction(s). Where your access and use are on behalf of another person, you confirm that you are duly authorized to do so, and explicitly agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that that person is bound by these Terms. If you do not agree to these Terms, you are not authorized to access and/or use our Services. TOTAL reserves the right to change, modify, add to or remove, in whole or in part, these Terms at its sole discretion, at any time. Therefore, you are responsible for reviewing this statement. These changes will become effective upon being posted to our Website.

Use of Services and Website

3. The use of our Services and Website acknowledges that the use of TOTAL’s Services and/or Website is solely and exclusively as an aid in considering credit, risk and compliance management and may not be for any other purpose (“Restricted Purpose”). Additionally, the use of TOTAL’s Services and/or Website by any view/user MUST NOT contravene:-

   3.1 Any data protection principles and/or laws under the Personal Data (Privacy) Ordinance (Cap. 486 Laws of Hong Kong) which includes (but is not limited to) amendments covered under the Personal Data (Privacy) (Amendment) Ordinance 2021 and criminalises doxxing activities as an offence;

   3.2 The Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region, which includes (but is not limited to) Secession, Subversion, Terrorist Activities, Collusion with a Foreign Country or with External Elements to Endanger National Security; and/or

   3.3 Any other privacy and data protection ordinances, acts or laws in your own jurisdiction.

4. Any and all information (from our offline reports, searches, and/or Website) may not be disclosed to any third-party (including but not limited to any entity which or individual who is not a Client, User and/or Authorized Person) copied, reproduced, uploaded, posted, transmitted, republished, distributed without TOTAL’s prior written consent, except where TOTAL grants you non-exclusive, non-transferable, and limited permission to access, display and/or download information from our Website.

User ID & Password

5. Any User ID and/or Password issued by TOTAL for our Website must be kept secure and confidential. You are entirely and solely responsible for maintaining the security of your User ID, Password and/or Account and for any and all activity that occurs under your Account. You will notify TOTAL immediately of any disclosure or unauthorised access or use of your User ID, Password or Account or any other breach of security. You understand that any person in possession of your User ID and Password will be able to access your Account, including the Services accessible through your Account. You accept sole risk of any unauthorised access to your Account and will be liable to indemnify TOTAL to the fullest extent for any losses incurred due to any third party use of your User ID, Password and/or Account. You may not access another user’s Account at any time without the express permission of that Account user.

6. You MUST change your Password every 3 months or when there are changes to any Authorized Persons (e.g. when employees leave their post). This will protect you against any unauthorised access to your Account or fraudulent activity. Your Password shall have a minimum of 8 characters (consisting of a mix of alphanumeric and upper and lower-case characters, e.g. Qwe1R2t3). Your Password shall not consist of well-known or publicly-posted identification information. Your Password shall be memorised and never written down or recorded along with corresponding account information or User ID. The User ID and Password used for your TOTAL Account should never be used for any other non-TOTAL Accounts and Services. When it is necessary to communicate the Password to an authorised individual orally, measures must be taken to ensure that the Password is not overheard/identified by unauthorised individuals. Your Password shall not be transferred electronically over the Internet using insecure methods. Whenever possible, security protocols including IMAPS, FTPS, HTTPS, etc. shall be used.

7. You are, from time-to-time, required to provide us with an updated list of authorized persons within your company (if applicable) that are granted access to our Services and Website.

8. Your failure to comply with clauses 6 and 7 above may result in restricted access to our Services and Website, or automatic and immediate termination of access to our Services and Website, without prior notice.

Confidentiality, Collection, Use and Disclosure of Personal Information

9. You are prohibited from disclosing any information provided by TOTAL in any form, including but not limited to information received by you in the course of using our Services and/or information gained through access to our Website, to any third party and/or unauthorized person within your company (if applicable).

10. You must refrain from posting or transmitting to and from our Website any content that: (i) is misleading, harmful, threatening, abusive, harassing, defamatory, racially, ethnically or religiously offensive, violent, obscene, pornographic, vulgar, libellous, unlawful and/or other objectionable material deemed illegal; (ii) infringes any patent, trademark, trade secret, publicity right, privacy right, copyright or any other intellectual property rights of any party; and (iii) contains viruses, Trojan horses, Worms, corrupted files or code, files and programs designed to impede or destroy the functionality of any computer software or hardware; spyware and malware designed for phishing and with a view to compromise the data security and integrity, and obtain sensitive personal or financial information. You will be liable to indemnify TOTAL for any and all liabilities, losses, damages or expenses, arising out of or in any way related to your breach or non-observance of any of these conditions.

11. Any information or materials sent to TOTAL will be deemed NOT to be confidential unless such information or materials are provided for under these Terms. By sending TOTAL any information or materials, you grant TOTAL an unrestricted, irrevocable license to copy, reproduce, upload, post, transmit, distribute, publish, perform, modify, publicly display, create derivative works from, and otherwise freely use, those materials or information. However, TOTAL will not release your name or otherwise publicize the fact that you have submitted materials or other information to us unless we are required to do so by law. Personal information that you submit to TOTAL for the purpose of receiving Services will be handled in accordance with our Data Protection Policy.

12. By delivering any personal data to TOTAL, it is deemed that you have received prior written consent, from the data subject(s) to whom the personal data belongs, to share that personal data with TOTAL. TOTAL reserves the right, at any given time, to ask for proof of such consent.

13. You MUST, as soon as practicable, or as soon as the Restricted Purpose is satisfied, destroy any and all information received from TOTAL together with any record of the personal data, as mentioned in clause 12 above, being stored by you.

14. Your failure to comply with any terms, conditions, and notices herein will result in automatic and immediate termination of any rights granted to you under these Terms, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control.

Cookies Policy

15. By using our Website, you agree that we can place cookies on your device. A cookie is a small data file that we transfer to your computer to facilitate your usage of our Website. If you want to remove existing cookies from your device, you can do this using your browser options. Please note that most internet browsers automatically accept cookies.

Links to other Websites

16. Our Website may provide links to other third-party websites and resources. TOTAL makes no representations, warranties, or other commitments whatsoever about any third parties’ websites or resources that may be referenced, accessible, or linked from our Website. A link to a third-party website does not mean that TOTAL endorses the content or use of such website or its owner. In addition, TOTAL is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from our Website. You acknowledge and agree to bear all responsibility for any risk that may be incurred when using such external websites or resources, and TOTAL is not responsible or liable for any content, services, products, or any other materials on or available from those websites or resources.

Limitation of Liability

17. By using TOTAL’s services and logging into TOTAL’s Website, you agree that you will be wholly liable to indemnify TOTAL for any loss, damage or expense, occasioned by you through the use of TOTAL’s Services and Website. TOTAL is entitled to recover any loss/damage arising out of the provision of Services to you.

18. In no event shall TOTAL, nor any of its officers, directors and employees, be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from our Website, or any website or resource linked to, referenced, or accessed through our Website, or for the use of downloading of, or access to, any materials, information, products or services, whether such liability arises from contract, tort or otherwise.

Penalties

19. Your failure to comply with any of the above clauses, terms, conditions, and notices may, without notice, result in, inter alia:-

   19.1 automatic and immediate termination of your contract with TOTAL;

   19.2 automatic and immediate termination any rights granted to you by             TOTAL, including access to our Services and Website;

   19.3 temporary suspension of Services and/or access to our Website; and/or

   19.4 Monetary penalties (i.e. fines and/or price increment).

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