Terms & Conditions
1 THE SERVICES
iGlobe Technology Limited (“iGlobe”) shall provide subject to these terms and conditions and in accordance with the specific instruction given by the Customer in the iMGR & iStaff Application Form:
iMGR which is an online payroll and Mandatory Provident Fund (“MPF”) management service available from an internet site developed, maintained and operated by iGlobe:
i. to enable the Customer to keep track of employee information and to calculate payroll; and
ii. to provide an online submission facility (the “e-Channel”) for the Customer to communicate with The Hongkong and Shanghai Banking Corporation Limited (“HSBC”) or Hang Seng Bank (“HASE”), as the case may be (the “Bank”) and to submit
a) payment instructions to the Bank’s Autopay System (the “Auto-pay Instructions”); and/or
b) MPF contribution information (the “MPF Information”) to MPF Administration System of HSBC Life (International) Limited (“HSBC Life”); and
iii. to facilitate the Customer’s preparation of the Employer’s return of remuneration and pensions to be filed with the Inland Revenue Department (the “IRD Return”), iStaff which is a value-added employee self-service to iMGR customers: to allow employees to update personal information, apply leaves and print payslips through this platform.
iGlobe has the right to
i. determine and vary from time to time the functions and features of the Service;
ii. impose and vary any restrictions on the use of the Service;
iii. change the cut-off time with respect to the cut-off time imposed by Bank’s Auto-pay System and HSBC Life’s MPF Administration System;
iv. cancel, revoke, suspend or terminate the right of use of the Service if the Customer has breached any terms and conditions herein; and
v. withdraw this Service and/or any of the related service provided by iGlobe with a notice period of reasonable duration.
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 iGlobe 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 iGlobe 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 The Customer is acknowledged as “HSBC Customer” once the Customer declared in the “HSBC special free trial subscription” form.
2.7 The Customer acknowledges that iGlobe may pay the commission to HSBC once the Customer registered for “HSBC special free trial subscription” of iMGR.
3 USER ID AND PASSWORD
3.1 The Customer shall follow the guidance provided by iGlobe 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 iGlobe as soon as practicable and iGlobe may ask the Customer to confirm in writing any details given and, until iGlobe’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 quote the Customer ID, the User ID and the Password in order to log-on to the Service and give payment or MPF instructions to the Bank or HSBC Life via the e-Channel.
4.2 iGlobe 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 supplied to the Bank/HSBC Life via the e-Channel or any other means with media prepared by the Service and that iGlobe shall be under no obligation to check or verify the same.
4.4 Instructions sent to iGlobe or the Bank/HSBC Life shall not be considered to be received by iGlobe or the Bank/HSBC Life unless the Customer receives a response acknowledging the receipt of the instructions from iGlobe or the Bank/HSBC Life.
4.5 iGlobe has no responsibility whatsoever to validate, act or respond to any instruction from the Customer to the Bank/HSBC Life sent through the e-Channel or any other means with media prepared by the Service.
4.6 Any advice or confirmation that an instruction has been received and/or a transaction has been effected by the Bank/HSBC Life via either the e-Channel or any other means with media prepared by the Service shall be deemed to have been received by the Customer immediately after transmission and it is the duty of the Customer to check such advice or confirmation. It is also the duty of the Customer to enquire with the Bank/HSBC Life/iGlobe if the Customer does not receive an advice or confirmation within the time usually required for a similar advice or confirmation to be received.
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 accordance with the Personal Data (Privacy) Ordinance (Cap. 486) ("Ordinance").
5.2 Customer does not have an obligation to provide us with personal data. However the personal data is necessary for the subscribed Service.
5.3 The Ordinance gives Customer the right to request for access and correction of your personal data held by iGlobe.
5.4 iGlobe will keep Customer’s personal data confidential. Customer’s personal data will only be disclosed and used as described below or as agreed with Customer or when required by law.
5.5 Customer’s personal data may be used or disclosed by iGlobe for the purpose of: (a) provision of our services to Customer and enforcing our rights in connection with the provision of our services; (b) credit checks; (c) debt collection; (d) market research; (e) prevention or detection of crime; (f) disclosure as required by law, or a government authority; (g) provision of emergency services; and (h) any other purposes as agreed between iGlobe. Further, with Customer’s consent, iGlobe may use Customer’s personal data for direct marketing of iGlobe’s products, services or offers which are related to the products and/or service that Customer’s subscribe.
5.6 “For HSBC Customer or Customer who enables e-Channels for use in conjunction with the Service, the Customer acknowledges that iGlobe will provide certain customer data obtained from the Customer to HSBC. 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 HSBC 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 HSBC or its affiliates. Please note that such customer data may contain information considered personal data under data protection laws. HSBC may share such customer data within the HSBC group, to be used for the group's internal purposes including (a) commission reconciliation; (b) to assess the benefits of HSBC’s collaboration with iGlobe to HSBC customers; (c) to improve HSBC’s products and services to better serve their customers, (d) to gain general business development insights into the use by HSBC’s customers of HSBC’s products and services and iGlobe services; and (e) to gain business development insights into HSBC’s customers’ usage of services or the nature of the iGlobe services. If the Customer does not wish iGlobe to provide such customer data to HSBC as described above, the Customer may exercise its opt-out right by notifying iGlobe.”
5.7 Customer has certain rights to ask us to restrict processing your personal data by sending an email to firstname.lastname@example.org .
6.1 The Customer hereby authorizes iGlobe to debit the Customer’s account and credit the iGlobe’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.
6.2 iGlobe 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.
6.3 Fees may be collected from the Customer in such manner and at such intervals as iGlobe may specify. Paid fees are not refundable except as otherwise specified by the iGlobe.
7 CUSTOMER'S RESPONSIBILITIES AND LIABILITIES
7.1 The Customer shall provide such information as iGlobe 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, iGlobe 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 shall indemnify iGlobe against all liabilities, claims, demand, losses, damages, costs, charges and expenses of any kind (including, without limitation, legal fees on a full indemnity basis) and all actions or proceedings which may be brought by or against iGlobe in connection with the provision of and use of the Service, unless due to the gross negligence or willful default of iGlobe.
8 IGLOBE'S RESPONSIBILITIES AND LIABILITIES
8.1 iGlobe 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, iGlobe will use its best endeavors to revise the Service, and to secure the approval from the IRD on the formats of the IRD Return if necessary, to ensure its MPF and tax calculation will conform to the changed legislation.
8.3 iGlobe will take reasonably practicable steps to ensure that the iMGR and the e-Channel are installed and maintained with adequate security mechanism and to control and manage the risks in operating the systems, taking into account any law, rules, regulations, guidelines, codes of conduct and prevailing market practices which may be applicable to iGlobe from time to time.
8.4 iGlobe does not warrant or represent that the Service are free from virus or other destructive features.
8.5 iGlobe 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 iGlobe 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 sentto the Bank/HSBC Life being unclear or incomplete or the Customer having failed to submit the instruction orinformation by the cut-off time specified by iGlobe from time to time;
v. refusal by the Bank, MPF administrator or IRD 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.
8.6 In no event shall iGlobe 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.
8.7 Customer agrees that iGlobe 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.
8.8 iGlobe reserves the right for the short service suspension for system maintenance. Before the suspension of service, iGlobe will post a notice through the website.
9.1 The Customer may terminate the use of the Service at any time by giving to iGlobe one month’s prior written notice. The Customer shall back up their data before the termination effective date. The system will delete customer's inputted data information automatically after 90 days of the service termination.
9.2 All provisions of these terms and conditions which in order to give effect to their meaning need to survive the termination of the use of the Service by the Customer shall remain in full force and effect after suspension or termination including, without limitation, Clauses 4, 7 and 10. 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.
iGlobe may revise these terms and conditions and/or introduce additional terms and conditions at any time and from time to time. Any revision and/or addition to these terms and conditions shall become effective subject to a 30 days prior notice from iGlobe, which will be sent to the Customer by post, and shall be binding on the Customer if the Customer continues to use the Service on or after the effective date of the revision and/or addition.
11.1 iGlobe 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 e-mail shall be deemed to have been received by the Customer (where delivered personally) at the time of personal delivery or on leaving it at the address last notified in writing by the Customer to iGlobe (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 e-mail) immediately after transmitting to the facsimile or telex number or e-mail address last notified in writing by the Customer to iGlobe. Communications sent by the Customer to iGlobe shall be treated as delivered to iGlobe on the day of actual receipt.
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.
No act, delay or omission by iGlobe 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.
14 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.
The English version of these terms and conditions shall prevail wherever there is a discrepancy between the English version and the Chinese version.