Welcome to ECERTS Services!

This is a secure Website intended for the exclusive use of Members (as defined below). When you visit this Website for the first time, you will be invited to register as a Member.

Your access or use of this Website (whether or not as a Member) is governed by the terms and conditions (“Terms”) and disclaimers set out below. Please read these carefully. If you do not accept these Terms, you may not access or use this Website or seek to become a Member.

A. TERMS & CONDITIONS

In these Terms, the following expressions shall have the following meanings:

“Claims” means any and all claims, demands, causes of action, lawsuits, covenants, contracts, controversies, agreements, promises, damages, proceedings, judgments and execution of any kind whatsoever, in law or in equity, known or unknown, foreseen or unforeseen, whether asserted by the User and/or any third party.

“Designated Account” means an account designated by a Member for the making of payments to Merchants in accordance with his/her Instructions.

“Digital Certificate” means an especially generated and unique digital file issued by Hongkong Post Certification Authority (and/or such other duly authorized certification authority/ies in Hong Kong accepted by ECERTS) to enable legally-binding, authenticated and/or secure communications across open networks such as the Internet.

“ECERTS”, “we”, or “us” means ECERTS Services, the trade name for Ecerts Products and Services Limited.

“Hong Kong” means the Hong Kong Special Administrative Region of the People’s Republic of China.

“Instruction” means an electronic message generated by a Member deploying his/her valid Digital Certificate on the Website for the purpose of specifying payment of a fixed amount from his/her Designated Account to a Merchant.

“Member” means a User who has registered with ECERTS in order to make use of the Service.

“Merchant” means a person who has contracted with ECERTS to receive payments from Members via the Service.

“person” includes a natural person, firm, partnership, company, corporation, association, organization, Government, state, foundation and trust (and in each case, whether or not having a separate legal capacity).

“Personal Information” means information about a User that he/she is required to submit or update when seeking to (a) become a Member or (b) implement an Instruction.

“Related Parties” means any and all of ECERTS’ directors, officers, employees, consultants, agents, sub-contractors and suppliers.

“Service” means the capability being offered on the Website that enables Members to make payment to Merchants by giving Instructions.

“User” or “you” means the person accessing or using this Website.

“Website” means the website operated and administered by ECERTS at URL www.ecerts.hk.

Attention!

1. ECERTS reserves the right to revise these Terms at any time by updating this posting. Your access or use of this Website is governed by the Terms prevailing at the time of such access or use. Therefore, you are responsible for reviewing these Terms frequently, to ensure that you are aware of the terms and conditions prevailing at the time of your access or use. If you do not agree to the Terms prevailing at any time, you must immediately cease to access or use this Website and, in particular, cease to implement Instructions on this Website.

2. By accessing or using this Website, you agree to indemnify ECERTS and all Related Persons from and against all Claims arising out of (a) any breach by you of these Terms, or (b) your access to and/or use of this Website, including any Instruction given by you.

Membership

3. When you register as a Member on this Website, you will be representing and undertaking to us that:

a. you are registering using true, accurate and up-to-date Personal Information;
b. you are registering with your own Personal Information and not that of another person; and
c. you are at least 18 years of age.

4. In making use of this Website, you will at all times (a) comply with all laws, statutes and regulations of Hong Kong or elsewhere and (b) be subject to the Disclaimers set out in [Section B] below.

5. If any Personal Information provided by you is untrue, inaccurate, incomplete and/or not up-to-date (or we have reasonable grounds to suspect this to be the case) and/or you fail to abide by the provisions of Clause 4 above, we have the right to unilaterally suspend or terminate your status as a Member and/or to prevent you from accessing and/or using any part of the Website for any period of time that we may determine in our absolute discretion.

Instructions

6. After you have become registered as a Member, you may proceed to give Instructions. In relation to each Instruction given by you, you represent and undertake to us that:

a. the Personal Information given at the time of such Instruction is true, accurate and up-to-date;
b. you have sufficient funds and/or credit capacity in your Designated Account to meet the amount of the payment specified in the Instruction; and
c. you will be responsible for any financing and other charges in the event that your Instruction cannot be implemented for any reason.

7. You understand that the processing and/or transmission of Instructions may involve data being sent through various communication networks and/or changes being made to such data to conform or adapt it to the technical requirements of connecting networks and/or devices. Accordingly, ECERTS shall in no circumstance be liable for the failure of any Instruction to be implemented for any reason.

8. In addition, ECERTS shall not be required to make any inquiries to ascertain whether any Instruction given by you is appropriate, correct or lawful. In particular, we will not be responsible to ensure that you have received suitable consideration in exchange for any payment made to any Merchant arising from an Instruction given by you.

Limitation of Liability

9. If in spite of these Terms, ECERTS is found liable to you for any reason, the extent of our liability in relation to any Instruction shall be limited to extent permitted by law to the actual amount received by us from facilitating the implementation of such Instruction.

General

10. These terms shall be governed by and construed in accordance with the laws of Hong Kong.

11. Users agree that Hong Kong courts shall have exclusive jurisdiction to determine any claim or matter arising under or in connection with these Terms or legal relationships established by such Terms.

12. These Terms set out the entire agreement between Users and ECERTS relating to the Website and the giving of Instructions.

13. You acknowledge and agree that, in accepting these Terms and using this Website, you have not relied upon and shall have no remedy in respect of any statement, representation, warranty or understanding of any person other than expressly set out in these Terms.

14. These Terms may only be varied in writing, signed by an authorized representative of ECERTS.

15. If any of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other Terms, which shall remain in full force and effect.

16. This Website is accessible in both an English as well as a Chinese language version. In the event of any conflict or inconsistency between these two versions, the English version shall prevail.

17. Headings used in these Terms are for reference only and shall not define or limit the scope of any Clause or paragraph.

18. Any terms and conditions (“Prior Terms”) in force prior to the current Terms posted on this Website shall cease to have effect from the date of posting of the current Terms, provided that such cessation shall not affect the accrued rights and obligations of Users and ECERTS under the Prior Terms prior to the posting of the current Terms.

B. DISCLAIMERS

The expressions defined in the Terms shall have the same respective meanings in this Section B.

General

This Website is provided by ECERTS on an “as is” and “as available” basis. We do not warrant that the operation of this Website will be uninterrupted or error-free. We disclaim to the fullest extent permissible by law all warranties, express or implied, in relation to or in connection with this Website, any Instruction, product or service given, conducted or implemented herein. In particular, we do not warrant that this Website is suitable for any particular purpose or that it will meet any particular requirements.

Contents may contain technical inaccuracies or typographical errors. Users agree that the use of this Website shall be at their own risk.

ECERTS does not warrant that this Website or the server from which it is made available, or e-mails sent by us are free of viruses or other harmful components. Neither ECERTS nor any Related Parties shall be liable for any loss or damage arising out of or in connection with the use of this Website or its contents. This is a comprehensive limitation of liability that applies to all damages of any kind, including but not limited to compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

Website Information

Information contained on this Website is for reference only. Whilst we endeavour to ensure the accuracy of all Website information, we give no express or implied warranty as to its accuracy, completeness or suitability for any particular purpose.

In particular, ECERTS does not take, accept or assume any responsibility or liability for information provided by Merchants on this Website or elsewhere regarding (a) any product or service offered by any of them or (b) the amounts (if any) due to any of them from you. Furthermore, we are not obligated to inquire as to the suitability, merchantability, quality and/or quantity of any product or service offered or provided by any Merchant.

All liability of ECERTS howsoever arising for any inaccuracies, incompleteness or unsuitability in information contained in this Website is expressly excluded to the fullest extent permissible by law. ECERTS is entitled to delete, suspend or edit any Website information at any time at its absolute discretion without giving any advance notice or reason therefor.

Users are responsible for making their own assessment of the information contained in this Website. You are advised to verify such information and obtain independent advice before acting on it if you consider necessary or appropriate.

Exclusion of Loss

Neither ECERTS nor any Related Party will be liable to you for any Claim to the extent that the same is or can be characterized as a Claim for or arising from:

a. any economic loss (including loss of business opportunity, goodwill, contracts, revenues, profit or anticipated savings),
b. loss of goodwill or injury to reputation,
c. indirect, special or consequential loss, or
d. loss of data

regardless of the form of action, whether in contract, strict liability or tort (including negligence) and regardless of whether we or any Related Party knew or should have known of the possibility of such loss, injury or damage.

Limitations on Loss Exclusions

Nothing in these Terms shall exclude or restrict the liability of ECERTS or any Related Party for:

a. death or personal injury resulting in any act, omission or negligence of ECERTS or any Related Party; or
b. fraud or negligence misrepresentation.