Effective on 9 February 2024

 

Terms & Conditions - General (except iMGR and iStaff )

 

People Technology Holdings Limited and our affiliated companies (“People Tech” or the “Company” or “we”) shall provide services to the customer (the “Customer”) in accordance with these Terms and Conditions and based on the specific instruction given to us by the Customer:

 

1.    PEOPLE TECH’S RIGHTS

 

We have the right to:

 

1.1  determine and modify the functions and features of the services as needed.

 

1.2  impose and modify any restrictions on the use of the services.

 

1.3  change the cut-off time associated with the bank's autopay system and MPF Administration System.

 

1.4  cancel, revoke, suspend, or terminate the right of use of the services if the Customer breaches any terms and conditions stated herein.

 

1.5  withdraw the services, or any related services provided by People Tech, with reasonable notice.

 

1.6  interrupt or temporarily suspend the services for scheduled or unscheduled maintenance, upgrades or system enhancements. 

 

1.7  retain all the intellectual property rights related to services including but not limited to software, applications, algorithms, designs and documentation.

 

1.8  modify the services, terms and conditions to ensure compliance with applicable laws, regulations, and industry standards.

 

1.9  discontinue certain legacy features or functionalities of the services over time if the features become outdated, pose security risks or are no longer in line with industry best practices.

 

1.10  determine the level and scope of technical support and assistance provided to the Customer including availability of help desk support, response times, and the nature of the support provided.

 

1.11  introduce service enhancements or upgrades to improve the functionality, performance or user experience of the service.

 

1.12  integrate or discontinue integration with third-party services or platforms to ensure compatibility, security or compliance with the changing industry standards.

 

2.    USE OF THE SERVICE

 

2.1  By using the Service, the Customer is deemed to have accepted these Terms and Conditions.

 

2.2  By using the Service, the Customer warrants that all information provided by the Customer to People Tech in relation to the use of the Service is true, complete and up-to-date.

 

2.3  The Service is for the sole and exclusive use by the Customer.

 

2.4  The Customer shall not use or knowingly allow any other person to use the Service, for or in connection with any illegal purpose or activity. The Customer shall notify People Tech immediately if he/she becomes aware of such use.

 

2.5  The Customer acknowledges that there may be time lag in transmission of instructions, data or information via the Internet if the e-Channel is used.

 

2.6  Customers are strictly prohibited to engage in any unauthorized access, tampering or interference with the Service or its systems.

 

2.7  The Customer agrees not to resell, sublicense or transfer its access to the Service to any third party without prior written consent from People Tech.

 

2.8  People Tech reserves the right to monitor the use of the Service to ensure compliance with these terms and conditions, which include users’ activities, content and communication.

 

3.     USER ID AND PASSWORD 

 

3.1  The Customer shall follow the guidance provided by People Tech in designating the customer identification code (the “Customer ID"), user identification code (the "User ID") and the password (the "Password") for identifying the Customer for the purposes of using the Service.

 

3.2  The Customer may change the User ID and Password at any time.

 

3.3  The Customer shall act in good faith, exercise reasonable care and diligence in keeping the User ID and the Password in secrecy. At no time and under no circumstances shall the Customer disclose the User ID and/or the Password to any other person.

 

3.4  The Customer shall be fully responsible for any accidental or unauthorized disclosure of the Customer ID and/or User ID and/or the Password to any other person and shall bear the risks of the Customer ID and/or the User ID and/or the Password being used by unauthorized persons or for unauthorized purposes.

 

3.5  Upon notice or suspicion of the Customer ID and/or User ID and/or the Password being disclosed to any unauthorized person or any unauthorized use of the Service being made, the Customer shall notify People Tech as soon as practicable and People Tech may ask the Customer to confirm in writing any details given and, until People Tech's actual receipt of such notification, the Customer shall remain responsible for any and all use of the Service by unauthorized persons or for unauthorized purposes.

 

4.    CUSTOMER'S INSTRUCTIONS

 

4.1  The Customer is required to enter the Customer ID, the User ID and the Password in order to log-on to the relevant Service.

 

4.2  People Tech shall be under no duty to verify the identity or authority of the person giving any such instruction or the authenticity of such instruction apart from verifying the Customer ID, the User ID and the Password input by the Customer.

 

4.3  The Customer accepts that it is solely responsible for the accuracy of any instruction or information provided for any other means with media prepared by the Service and that People Tech shall be under no obligation to check or verify the same.

 

4.4  Instructions sent to People Tech shall not be considered to be received by People Tech unless the Customer receives a response acknowledging the receipt of the instructions from People Tech.

 

5.    PRIVACY AND DATA PROTECTION STATEMENT

 

5.1  This Statement details our policies and practices on the collection, use, security and access of information in compliance with the Personal Data (Privacy) Ordinance (Cap. 486) ("Ordinance").

 

5.2  The personal data collected by People Tech includes name, employee information, and any other information provided to access or use the Service. This data is necessary for providing the subscribed Service.

 

5.3  The Customers have the right to request access to and correction of their data held by People Tech by contacting our Privacy Officer at privacy@peopletech.hk.

 

5.4  People Tech will keep Customer’s personal data confidential. Customer’s personal data will only be disclosed and used as described below or as otherwise agreed with Customer or when required by law.

 

5.5  Customer’s personal data may be used or disclosed by People Tech for the purpose of: 

 

i. provision of our services to Customer and enforcing our rights in    connection with the provision of our services; 

 

ii. credit checks; 

 

iii. debt collection; 

 

iv. market research, analysis and report; 

 

v. prevention or detection of crime; 

 

vi. product and service development;

 

vii. provision of services by relevant bank or MPF Approved Trustees, as applicable, which paid for the services or products of People Tech for the Customer;

 

viii. disclosure as required by law, or a government authority; 

 

ix. provision of emergency services; or

 

ix. any other purposes as agreed between People Tech and Customer. 

 

5.6  Further, with Customer’s consent, People Tech may use Customer’s personal data for direct marketing of People Tech’s products, services or offers which are related to the products and/or service that Customer’s subscribe. Customers have the right to request People Tech to stop using their personal data for direct marketing purposes or to stop sending direct marketing messages. Customers can opt-out of direct marketing by contacting our Privacy Officer at privacy@peopletech.hk.

 

5.7  For certain Customer who enables e-Channels for use in conjunction with the Service (“Bank Customer(s)”), the Customer acknowledges that People Tech will provide certain customer data obtained from the Customer to the Bank. This would include certain aggregated data regarding the Customer organisation's salary expenses and the percentage of the Customer organisation's MPF expenses incurred with MPF providers other than the Bank or its affiliates. This data will be anonymised such that it does not identify the names of the Customer organisation's employees nor the names of any MPF providers other than the Bank or its affiliates. Please note that such customer data may contain information considered personal data under data protection laws. The Bank may share such customer data within the HSBC group, to be used for the group's internal purposes including (i) commission reconciliation; (ii) to assess the benefits of the Bank's collaboration with People Tech to the Bank Customers; (iii) to improve the Bank's products and services to better serve their customers, (iv) to gain general business development insights into the use by the Bank Customers of the Bank's products and services and People Tech services; and (v) to gain business development insights into the Bank customers' usage of services or the nature of the People Tech services. If the Bank Customer or Customer does not wish People Tech to provide such customer data to the Bank as described above, the Customer may exercise its opt-out right by notifying People Tech.

 

5.8  People Tech will retain Customer personal data only as necessary to fulfil the purposes for which it was collected or as required by applicable laws or regulations. Customers may request deletion of their personal data by contacting our Privacy Officer. Data required to meet legal obligations will be excluded from deletion requests.

 

5.9  People Tech maintains appropriate technical and organisational measures to protect against accidental or unlawful destruction, loss, alteration, unauthorised data breaches.

 

5.10  In the event of a data breach, we will promptly notify affected individuals and relevant authorities in accordance with the Ordinance.

 

5.11  People Tech is responsible for ensuring data processing complies with the Ordinance and relevant data protection regulations.

 

5.12  Customers may contact our Privacy Officer at privacy@peopletech.hk for any requests related to access, correction, or deletion of their personal data.

 

6.     FEES AND PAYMENT

 

6.1  Fees & Billing

People Tech shall determine and notify the Customer of the rate of any fee from time to time, which shall be binding on the Customer if the Customer continues to maintain or use the Service after the effective date for imposing the fee or the revised fee. Fees will be billed on a monthly or annual basis, as indicated in the subscription plan selected by Customer. People Tech reserves the right to change the fees or billing methods at any time by posting the changes on the People Tech website.

 

6.2  Payment Methods

The Customer hereby authorizes People Tech to debit the Customer’s account and credit the People Tech’s account with any fees in relation to the use of the Service and the customer shall maintain sufficient funds in the customer’s account to meet such fees.

 

In addition to the above method, customer shall otherwise pay all fees due by bank transfer or Faster Payment System (FPS) or cheque, or other payment methods accepted by People Tech. 

 

6.3  Non-Payment Consequences

If Customer's payment is declined or remains unpaid for 30 days after the due date, People Tech reserves the right to suspend or terminate Customer's access to the Services. Reactivation of the Services is subject to additional fees. People Tech further reserves the right to assess interest charges on overdue amounts and to refer unpaid balances to a collection agency. Customer shall reimburse People Tech for all reasonable costs incurred in collecting overdue payments.

 

6.4  No Refunds

Fees for the Services are non-refundable, except as expressly permitted under these Terms and Conditions or as otherwise specified by the People Tech.

 

7.     CUSTOMER'S RESPONSIBILITIES AND LIABILITIES

 

7.1  The Customer shall provide such information as People Tech may from time to time reasonably request for the purposes of providing support to the Service.

 

7.2  The Customer shall not, and shall not attempt to or allow any party to attempt to reproduce, copy, amend, modify, decompile, reverse-engineer, translate, convert, adapt, alter, modify, enhance, add to, delete or in any way temper with, or gain access to, any part of the Service, including any new versions, documentation, patches or other relating materials thereto.

 

7.3  The Customer acknowledges that the Customer shall have and acquire no right, title or interest in any of the Service or in any related service or materials other than the right to access and use the Service subject to these Terms and Conditions. The Customer shall not make any representation or do any act, which may be taken to indicate that the Customer has any such right, title or interest.

 

7.4  The Customer remains at all times responsible for compliance with the relevant tax and MPF legislation and by its provision of the MPF calculation and tax reporting functions in the Service, People Tech assumes no responsibility thereof.

 

7.5  The Customer shall be fully liable and responsible for all consequences arising from or in connection with use of the Service by the Customer or any other person whether or not authorized.

 

7.6  The Customer agrees to indemnify, defend, and hold harmless People Tech, including its officers, directors, employees, agents, licensors, and service providers (collectively, the “Indemnitees”), from and against any and all liabilities, claims, demands, judgments, awards, losses, damages, costs, charges, fees and expenses of any kind (including, without limitation, reasonable legal fees on a full indemnity basis) on a full indemnity basis, and any actions or proceedings brought by or against People Tech, arising out of or relating to:

               

i. The Customer’s use of the Service, including any data processed or transactions entered into through the Service;

 

ii. The Customer’s breach of these Terms and Conditions;

 

iii. The Customer’s violation of any law or the rights of a third-party;

 

iv. Any content submitted from the Customer’s account, including but not limited to the violation of intellectual property rights, privacy rights, or other rights of third parties;

 

v. Any dispute or issue between the Customer and any third party; or

 

vi. The Customer’s willful misconduct, or gross negligence.

 

People Tech will provide the Customer with prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit, or proceeding. People Tech reserves the right to assume the exclusive defense and control of any matter subject to indemnification by the Customer, and the Customer will not in any event settle any claim without the prior written consent of People Tech.

 

8.    PEOPLE TECH'S RESPONSIBILITIES AND LIABILITIES

 

8.1  People Tech agrees to rectify any service errors or defects in the Service in a timely manner.

 

8.2  Following any relevant and applicable changes in the relevant and applicable legislation, People Tech will use its best endeavors to revise the Service, and to secure the approval from the Inland Revenue Department on the formats of the Inland Revenue Department Return if necessary, to ensure its MPF and tax calculation will conform to the changed legislation.

 

8.3  People Tech does not warrant or represent that the Service are free from virus or other destructive features.

 

8.4  People Tech will not assume any liability or responsibility to the Customer or any other person for the consequences arising from or in connection with:

 

i. use of the Service and/or access to any information as a result of such use by the Customer or any other person whether or not authorized;

 

ii. any interruption, interception, suspension, delay, loss, unavailability, mutilation or other failure in providing the Service, in transmitting instructions or information through the e-Channel caused by any acts, omissions or circumstances beyond the reasonable control of People Tech including, without limitation, failure of any communication network, act or omission of any third party service providers, mechanical failure, power failure, malfunction, breakdown, or inadequacy of equipment, installation or facilities, or any law, rules, regulations, codes, directions, regulatory guidelines or government order (whether or not having the force of law);

 

iii. the storing and/or transmission of any information, instructions and data relating to the Customer;

 

iv. any delay in acting on any instruction or for any inability to act as a result of any instruction or information being unclear or incomplete or the Customer having failed to submit the instruction or information by the cut-off time specified by People Tech from time to time;

 

v. refusal by the Bank, MPF administrator or Inland Revenue Department for whatever reason to accept any instruction or information submitted by the Customer via the e-Channel or any other means with media prepared by the Service; and

 

vi. delay in delivering a revised Service which has incorporated changes in accordance with changes in relevant and applicable legislation.

 

8.5  In no event shall People Tech be liable to the Customer or any other person for any incidental, indirect, special, consequential or exemplary damages including, without limitation, any loss of use, revenue, profits or savings.

 

8.6  Customer agrees that People Tech to send product promotion or other business message to users through mobile phone message (SMS), email, website or other legal method. Under the usage of telecommunications add-on services, customer agrees and accepts our company and its affiliates to send related service message or other message to users through add-on services system or other method, other message including but not limited to notice, promotion, and advertisement, etc.

 

8.7  People Tech reserves the right for the urgent short service suspension for system maintenance without prior notice. Before a scheduled suspension of service, People Tech will post a notice through email, website or its own system.

 

9.    TERMINATION

 

9.1  The Customer may terminate the use of the Service at any time by providing People Tech with relevant prior written notice in accordance to the relevant Agreement. The Customer is responsible for backing up all their data before the termination effective date. Unless otherwise requested by the Customer and agreed by People Tech in writing, the system will automatically delete the Customer's inputted data information 90 days after the service termination date.

 

9.2  People Tech may terminate or suspend the Customer's access to the Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if the Customer breaches the Terms and Conditions. Upon termination, the Customer's right to use the Service will cease immediately. If the Customer wishes to retrieve their data post-termination, they must contact People Tech within 30 days of termination to request data retrieval, subject to any fees and technical limitations as may be applicable at that time.

 

9.3  All provisions of these Terms and Conditions which by their nature should survive termination shall remain in effect after suspension or termination of the use of the Service, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. Specifically, Clauses 4 (Customer’s Instruction), 5 (Privacy and Data Protection Statement), 7 (Customer’s Responsibilities and Liabilities), 12 (Intellectual Property Rights) and 15 (Limitation of Liability) will survive and remain in full force and effect after any suspension or termination. Notwithstanding such suspension or termination, the Customer shall continue to be bound by these Terms and Conditions to the extent that they relate to any obligations or liabilities of the Customer, which remain to be performed or discharged.

 

9.4  Upon termination, the Customer must immediately cease all use of the Service. Notwithstanding any suspension or termination of the Service, the Customer shall continue to be bound by these Terms and Conditions to the extent that they relate to any obligations or liabilities of the Customer that remain to be performed or discharged. Any termination does not relieve the Customer of any obligations to pay any fees or costs accrued prior to the termination and any other amounts owed by the Customer to People Tech as provided in these Terms and Conditions.

 

9.5  Any termination notice, to be valid, must be in writing and will be effective upon receipt by the party to whom it is addressed. Such notice may be given by registered mail, courier, or email (with confirmation of receipt), and must be sent to the addresses set forth in these Terms and Conditions or such other address as either party may specify in writing.

 

10. AMENDMENTS

 

People Tech reserves the right to modify and/or introduce additional terms and conditions at any time and in its sole discretion. If we make changes to these terms and conditions, we will post the revised terms and conditions and update the "Last Updated" date above. We recommend you revisit these Terms and Conditions regularly. Your continued access or use of the Services constitutes your acceptance of the revised terms and conditions.

 

If you do not agree to the modified terms and conditions, you must stop using the Services. Your continued use of the Services confirms your acceptance of the changes.

 

11. COMMUNICATION

 

11.1 People Tech shall be entitled to prescribe, from time to time, the form of notice (whether written or any other form) and the mode of communication with respect to each type of notice to be given pursuant to these Terms and Conditions.

 

11.2 Communications delivered personally, sent by post, facsimile transmission, telex or email shall be deemed to have been received by the recipient (where delivered personally) at the time of personal delivery or on leaving it at the address last notified in writing by the recipient to sender (where sent by post) 48 hours after posting if such address is in Hong Kong and seven days after posting if such address is outside Hong Kong or (where sent by facsimile transmission, telex or email) immediately after transmitting to the facsimile or telex number or email address last notified in writing by the recipient to sender. Communications sent by the sender to recipient shall be treated as delivered to recipient on the day of actual receipt.

 

12. INTELLECTUAL PROPERTY RIGHTS

 

12.1 People Tech retains all intellectual property rights to the Services, including but not limited to all copyrights, patents, trademarks, and trade secrets associated with the Services. Users are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services strictly for their personal or internal business use only, and in accordance with these Terms & Conditions. Any other use requires express written permission from People Tech. Any use of People Tech's intellectual property other than as specifically authorized herein, without the prior written permission of People Tech, is strictly prohibited and will terminate the license granted herein.

 

12.2 The Customer agrees to use the Services only as expressly permitted by People Tech and shall not exceed the scope of the license or rights granted herein.

 

12.3 The Customer must not, at any time, infringe upon any intellectual property rights of People Tech or any third party. This includes, but is not limited to, refraining from:

 

i. copying, modifying, or creating derivative works based on the Services;

 

ii. distributing, selling, leasing, renting, lending, or sublicensing any part of the        Services to any third party;

 

iii. decompiling, reverse-engineering, disassembling, or attempting to derive    the source code of the Services; and

 

iv. removing any proprietary notices or labels on the Services.

 

12.4 The Customer acknowledges that all intellectual property rights in the Services and any related documentation are owned by People Tech or People Tech's licensors and that no rights are granted to the Customer hereunder other than as expressly set forth in these Terms & Conditions.

 

12.5 If the Customer becomes aware of any unauthorized use of People Tech's intellectual property, the Customer agrees to promptly notify People Tech.

 

12.6 People Tech reserves the right to take any and all actions it deems appropriate in response to any infringement of its intellectual property rights, including legal action.

 

13. BINDING ARBITRATION AND CLASS ACTION WAIVER

 

Any dispute arising out of or relating to these Terms & Conditions shall be resolved through binding arbitration conducted in Hong Kong. The arbitration shall be conducted in English by a single arbitrator appointed in accordance with the arbitration rules. The decision of the arbitrator shall be final and binding. All fees and expenses of the arbitration shall be borne equally by the parties.

Both parties waive their rights to commence or participate in any class action litigation against the other party related to these Terms & Conditions or the Services.

 

14. WARRANTY

 

14.1  The Service provided by People Tech and our affiliates, officers, directors, employees, agents, partners, and licensors are provided "as is," "as available," and without any warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the services will function without interruption or errors in functioning. In particular, the operation of the services may be interrupted due to maintenance, updates, or system or network failures. We disclaim all liability for damages caused by any such interruption or errors in functioning. Furthermore, we disclaim all liability for any malfunctioning, impossibility of access, or poor use conditions of the services due to inappropriate equipment, disturbances related to internet service providers, to the saturation of the internet network, and for any other reason.

 

14.2  People Tech disclaims any warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any third-party materials, information, software, products, services, and related graphics obtained through the services.

 

14.3  References to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation with us.

 

14.4  You acknowledge and agree that your use of the services is at your sole risk and that you are responsible for any damage to your computer system or device or loss of data that results from the download or use of the services.

 

15.LIMITATION OF LIABILITY

 

In no event shall People Tech, its affiliates, directors, employees, agents, or licensors be liable for any incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

 

i. Your access to, use of, or inability to access or use the services;

 

ii. Any conduct or content of any third party on the services, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties;

 

iii. Any content obtained from the services; or

 

iv. Unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

 

To the maximum extent permitted by applicable law, the aggregate liability of People Tech and its affiliates, officers, employees, agents, suppliers, and licensors, relating to the services will be limited to any amounts actually paid in cash by the relevant Customer to People Tech for the past three (3) months of the Services in question. The existence of one or more claims will not enlarge this limit.

 

16. THIRD PARTY SERVICES

 

The Services may integrate with or link to third party websites, services, and content. People Tech does not control and is not responsible for such third party content or services. Customer's interactions with third parties and use of their content and services is at Customer's own risk.

 

17. SEVERABILITY

 

Each of the provisions of these Terms and Conditions is severable 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 any jurisdiction, the legality, validity or enforceability of the remaining provisions shall not be affected in any way.

 

18. FORCE MAJEURE

 

18.1  For the purposes of this Terms and Conditions, a "Force Majeure Event" shall mean any event beyond the reasonable control of People Tech, including but not limited to natural disasters (such as earthquakes, hurricanes, floods, and wildfires), war, terrorism, civil unrest, strikes and other labor disputes, governmental actions or decrees, pandemics, epidemics or outbreaks of communicable disease, quarantines, national emergencies, or any other events that could reasonably be expected to impede People Tech's performance of its obligations hereunder.

 

18.2  People Tech shall not be liable for any delay or failure to perform its obligations to the extent that such delay or failure is caused by a Force Majeure Event.

 

18.3  During the period of a Force Majeure Event, the obligations of People Tech will be suspended, to the extent affected by the Force Majeure Event, until such time as People Tech can reasonably resume performance.

 

18.4  People Tech shall use reasonable efforts to mitigate the effects of a Force Majeure Event and to continue to perform its obligations to the extent feasible.

 

18.5  Notwithstanding the above, the Customer shall continue to make any payments owed to People Tech that came due prior to the occurrence of the Force Majeure Event.

 

19. WAIVER

 

No act, delay or omission by People Tech shall affect its rights, powers and remedies under these Terms and Conditions or any further or other exercise of such rights, powers or remedies. The rights and remedies under these Terms and Conditions are cumulative and not exclusive of the rights and remedies provided by law.

 

20. GOVERNING LAW AND JURISDICTION

 

The Service and these Terms and Conditions shall be governed by and construed in accordance with the laws of Hong Kong.

 

21. VERSION

 

The English version of these Terms and Conditions shall prevail wherever there is a discrepancy between the English version and the Chinese version.