Effective on 8 March 2024
Terms & Conditions - iMGR and iStaff
1. THE SERVICES
People Technology Holdings Limited and its affiliated companies (collectively, "People Tech" or the “Company” or “we”) shall provide services of iMGR and iStaff (the “Services”) to the customer (the “Customer”) subject to these terms and conditions herein.
iMGR, operated by the Company, is a comprehensive, flexible and user-friendly Software as a Service model (SaaS) of human resources management system with advanced features to support managing employee records, leave management, payroll processing, contributions for Mandatory Provident Fund (“MPF”) schemes and other retirement schemes, and taxation. iMGR facilitates the Customer’s preparation of submission of payment instructions to banks in Hong Kong and the MPF Information to MPF Administration System of MPF Approved Trustees, as applicable, and facilitates the Customer’s preparation of the Employer’s return of remuneration and pensions to be filed with the Inland Revenue Department (the "IRD Return").
"MPF Approved Trustees" refers to trustees approved by the Mandatory Provident Fund Schemes Authority in Hong Kong.
iMGR provides an online submission facility (the “e-Channel") for certain customer (the “Bank Customer”) to communicate with The Hongkong and Shanghai Banking Corporation Limited ("HSBC") or Hang Seng Bank ("HASE"; collectively, the “Bank”), as the case may be and to submit, as applicable:
i. payment instructions to the Bank’s Autopay System (the "Auto-pay Instructions"); and/or
ii. MPF contribution information (the "MPF Information") to MPF Administration System of The Hongkong and Shanghai Banking Corporation Limited (“HSBC”).
iStaff, operated by the Company, is a comprehensive, flexible and user-friendly mobile app to support employee self-services to manage employee profile, leave, claim, payslips and tax reports.
We reserve the right to
i. determine and vary the functions and features of the Services;
ii. impose and vary any restrictions on the use of the Services;
iii. change the cut-off time with respect to the cut-off time imposed by the Auto-pay Instructions and The Hongkong and Shanghai Banking Corporation Limited (“HSBC”), if applicable;
iv. cancel, revoke, suspend or terminate the right of use of the Services if the Customer has breached any terms and conditions herein; and
v. withdraw this Services and/or any of the related services provided by People Tech with a notice period of 30 days.
2. USE OF THE SERVICES
2.1 By utilizing the Services, the Customer shall be deemed to have accepted and agreed these terms and conditions herein.
2.2 The Customer warrants and represents that all information furnished by the Customer to the Company in connection with the use of the Services is true, accurate, current, and complete.
2.3 The Services shall be the solely and exclusively for the Customer’s use.
2.4 The Customer shall not, and shall not knowingly permit any other party to, use the Services for or in connection with any unlawful purpose or activity, or in any manner that violates any applicable laws, regulations, or rights of any person. The Customer shall promptly notify the Company if the Customer becomes aware of any such improper use.
2.5 The Customer acknowledges that there may be transmission lags when submitting instructions, data or information via the Internet and/or the e-Channel.
2.6 The Company reserves the right to monitor the use of the Services to ensure compliance with these terms and conditions, including the activities, content and communication of users.
3. USER ID AND PASSWORD
3.1 The Customer shall adhere to the Company's guidance in designating the Customer identification code ("Customer ID"), user identification code ("User ID") and password ("Password") for identifying the Customer when utilizing the Services.
3.2 The Customer may modify the User ID and Password at any time.
3.3 The Customer shall act in good faith, exercise reasonable care and diligence to maintain the confidentiality of the User ID and Password. The Customer shall not disclose the User ID or Password to any third party under any circumstances.
3.4 The Customer shall remain fully responsible for any accidental or unauthorized disclosure of the Customer ID, User ID, and/or Password to any third party. The Customer shall bear all risks associated with the Customer ID, User ID, and/or Password being used by unauthorized parties or for unauthorized purposes.
3.5 Upon notice or suspicion of unauthorized access to the Customer ID, User ID, and/or Password, or any unauthorized use of the Services, the Customer shall notify the Company as soon as reasonably practicable. The Company may request written confirmation of any details provided. Until the Company's actual receipt of such notification, the Customer shall remain responsible for any use of the Services by unauthorized parties or for unauthorized purposes.
4. CUSTOMER'S INSTRUCTIONS
4.1 The Customer is required to input the Customer ID, User ID and Password in order to log in to use the Services.
4.2 Where applicable, after logging in, the Bank Customer may submit payment or MPF instructions or MPF enrollment to the Bank or HSBC Life via the e-Channel in iMGR.
4.3 We 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, User ID and Password input by the Customer.
4.4 The Customer acknowledges and agrees that it shall be solely responsible for the accuracy and completeness of any instructions or information submitted to banks and MPF Approved Trustees in Hong Kong. The Company shall have no obligation to review, confirm, or verify any such instructions or information provided by the Customer.
4.5 Any instructions transmitted by the Customer to People Tech, banks, or MPF Approved Trustees shall not be deemed to have been received unless and until the Customer is in receipt of a confirmation acknowledging delivery of the instructions by People Tech, banks, or MPF Approved Trustees, as applicable.
4.6 The Company shall have no responsibility to validate, act upon, or respond to any instructions transmitted by the Customer to banks or MPF Approved Trustees via the e-Channel or any other medium prepared using the Services.
4.7 Any confirmation or advice indicating an instruction has been received or a transaction effected by banks or MPF Approved Trustee via the e-Channel or any other medium prepared by the Services shall be presumed to have been received by the Customer immediately after being transmitted. It shall be the Customer's responsibility to verify any such confirmations or advice. Additionally, if the Customer does not receive an expected confirmation or advice within the typical time frame, the Customer shall be obligated to inquire with banks, MPF Approved Trustee, or the Company.
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 The personal data collected by the Company includes name, employee information, and any other information provided to access or use the Services. This data is necessary for providing the Services.
5.3 The Customers have the right to request access to and correction of their personal data held by the Company by contacting our Privacy Officer at privacy@peopletech.hk.
5.4 We 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 and data 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 (“Other Paying Parties”);
viii. disclosure as required by law, or a government authority;
ix. provision of emergency services; or
x. any other purposes as agreed between the Company and Customer.
5.6 Further, we may use Customer's personal data for direct marketing of People Tech's products, services or offers which are related to our products and/or service. Customers have the right to request the Company 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 the Bank Customer or Customer who enables e-Channels for use in conjunction with the Services, 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 the Company 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 our services; and (v) to gain business development insights into the Bank customers' usage of services or the nature of our 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 by contacting our Privacy Officer at privacy@peopletech.hk.
5.8 We will retain Customer personal data only as reasonably 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 We maintain 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 Customer’s organization or individual, as the case may be, and relevant authorities in accordance with the Ordinance.
5.11 We are 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
The Company shall have the right to determine and notify the Customer or Other Paying Parties of the fees and rates applicable to the Services from time to time. Such fees and rates shall become binding on the Customer if the Customer continues to maintain or use the Services after the effective date of any new or revised fees and rates. Fees will be billed annually, monthly, or as otherwise set forth in the Customer agreement or quotation or subscription plan executed by the Customer or Other Paying Parties. The Company reserves the right to change the fees, rates, or billing methods at any time by giving thirty (30) days advance notice to the Customer.
6.2 Payment Methods
The Company shall generate and present invoices to the Customer or Other Paying Parties designating the payment methods for remittance of funds to the Company. The Customer or Other Paying Parties shall remit payment of all fees owed to the Company prior to the applicable due date.
6.3 Non-Payment Consequences
In the event any payment to the Company is declined or remains unpaid for 30 days after the payment due date, the Company reserves the right to suspend or terminate Customer's access to the Services, subject to additional reactivation fees for the reactivation of the Services.
Additionally, the Company reserves the right to, among other remedies, assess interest charges at a maximum monthly rate of 2% on overdue amounts and refer unpaid balances to an outside collection agency. The Customer shall reimburse the Company for all reasonable costs incurred in collecting overdue payments, including but not limited to legal fees on a full indemnity basis.
6.4 No Refunds
Fees paid for the Services are non-refundable, except where expressly provided otherwise by the Company.
7. CUSTOMER'S RESPONSIBILITIES AND LIABILITIES
7.1 The Customer shall provide such information as the Company may reasonably request from time to time for purposes of providing support for the Services.
7.2 The Customer shall not, directly or indirectly, reproduce, copy, modify, decompile, reverse engineer, translate, convert, adapt, alter, enhance, add to, delete or in any way tamper with, or gain unauthorized access to, any component of the Services, including any new versions, documentation, patches or other related materials.
7.3 The Customer acknowledges and agrees that, other than the limited right to access and use the Services pursuant to these terms and conditions, the Customer shall have no right, title, or interest in the Services or any related services and materials. The Customer shall not represent or undertake any act indicating that the Customer has any such right, title or interest.
7.4 The Customer shall remain fully responsible at all times for compliance with applicable tax and MPF legislation. The Company assumes no responsibility for the MPF calculations and tax reporting functions of the Services as they relate to Customer’s use.
7.5 The Customer shall be solely and fully liable and responsible for any and all consequences arising from or relating to the use of the Services by the Customer and other parties, whether authorized or not.
7.6 The Customer agrees to defend, indemnify and hold harmless the Company, including its officers, directors, employees, agents, licensors, and service providers (collectively, the "Indemnified Parties"), from and against any and all claims, demands, actions, liabilities, judgments, losses, damages, costs, fees, expenses, and penalties of any kind whatsoever, including without limitation reasonable legal fees on a full indemnity basis, arising from or related to:
i. The Customer’s use of the services, including any data processing or transactions conducted through the services;
ii. Any breach of these terms and conditions by the Customer;
iii. Any violation of applicable laws or infringement of the rights of any third party by the Customer;
iv. Any content or data submitted through the Customer’s account, including but not limited to any infringement of intellectual property rights, privacy rights, or other rights of third parties;
v. Any dispute between the Customer and any third party; or
vi. The Customer’s willful misconduct, or gross negligence.
7.7 The Company shall promptly notify the Customer of any third party claim, demand, suit, or proceeding subject to this indemnification provision. The Company may elect to assist in the defense of any such claim, suit, or proceeding at the Customer's expense. The Company retains the sole right to control the defense and settlement of any matter subject to indemnification by the Customer. The Customer shall not settle any such claim without the Company's prior written consent.
7.8 The Customer shall comply with all applicable laws, rules and regulations in using the Services.
8. PEOPLE TECH'S RESPONSIBILITIES AND LIABILITIES
8.1 The Company agrees to rectify any errors or defects in the Services in a prompt and timely manner.
8.2 Following any applicable changes to relevant legislation, the Company shall use commercially reasonable efforts to revise the Services, and obtain approval from the Inland Revenue Department regarding formats of the IRD Return where necessary, to conform the MPF and tax calculations to the revised legislation.
8.3 The Company shall take reasonably adequate steps to maintain the iMGR and e-Channel with sufficient security mechanisms and controls to manage risks in operating the systems, in accordance with applicable laws, regulations, guidelines, codes of conduct and prevailing industry practices.
8.4 The Company does not provide any warranties or representations that the Services will be free from viruses, defects or errors. Any implied warranties, including of merchantability, fitness for a particular purpose, and non-infringement, are expressly disclaimed.
8.5 The Company shall not be liable or responsible to the Customer or any third party for consequences arising from or related to:
i. use of the Services or access to any data or information by the Customer or any authorized or unauthorized party;
ii. any failure, interruption, suspension or delay in providing the Services or transmitting instructions or information via the e-Channel due to circumstances beyond the Company’s reasonable control, including any failure of communication networks, acts or omissions of third party service providers, power failures, malfunctions of equipment or facilities, inadequacies in equipment or facilities, or applicable laws, regulations, guidelines or government orders;
iii. storage and/or transmission of any Customer instructions, data or information;
iv. any inability or delay in acting on unclear, incomplete, or untimely instructions or information from the Customer;
v. refusal by any bank, MPF administrator or IRD to accept Customer instruction or information for any reason; and
vi. any delay in revising the Services to reflect changes in applicable laws and regulations.
8.6 In no event will the Company be liable for any indirect, special, incidental, consequential damages or loss of profits, revenue, savings, or use arising from the Customer’s use of the Services.
8.7 The Customer consents to receiving product promotions, business communications, and other messages from the Company through email, SMS, websites, iMGR, iStaff or other lawful methods. Under any add-on telecommunications services, the Customer accepts that the Company and affiliates may transmit related service messages and other notices, promotions, advertisements through such systems.
8.8 The Company reserves the right to urgently suspend the Services for brief period without prior notice in order to conduct system maintenance. For any scheduled maintenance, the Company will provide reasonable advance notice through email, websites, social media, the iMGR/iStaff system, or other means.
9. TERMINATION
9.1 The Customer may elect to cease utilization of the Services at any time by furnishing the Company with one (1) calendar month's advance written notification. Prior to the effective date of termination, the Customer shall back-up any data it wishes to retain. All Customer data and information entered into the system shall be automatically erased ninety (90) days following the termination date.
9.2 Following termination, the Customer shall remain liable for all fees and charges accrued through the effective termination date.
9.3 The Company reserves the right to immediately suspend or terminate the Customer's access to the Services at any time, with or without cause, and without prior notice or liability. Grounds for termination include, but are not limited to, the Customer's breach of these terms and conditions. Upon termination, the Customer's right to utilize the Services shall cease immediately. If the Customer wishes to retrieve its data following termination, the Customer must contact the Company within thirty (30) calendar days of the termination date to request data retrieval, subject to any applicable fees or technical limitations at that time.
9.4 All provisions of these terms and conditions herein which by their nature should survive termination shall remain in effect after suspension or termination of the use of the Services, 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.
9.5 Upon termination, the Customer shall immediately cease all use of the Services. Notwithstanding any suspension or termination, the Customer shall remain bound by all obligations under these terms and conditions that remain outstanding including the payment of any fees accrued prior to termination and any other amounts owed to the Company.
9.6 For any termination notice to be valid, it must be in writing and transmitted via registered mail, courier service, or electronic mail with confirmed receipt. The notice shall be deemed effective upon receipt by the party to whom it is addressed. Such notice shall be delivered to the addresses specified in these terms and conditions or to such other address designated in writing by either party.
10. AMENDMENTS
The Company reserves the right, in its sole discretion, to modify or implement additional provisions within these terms and conditions at any time. In the event revisions are made, the Company shall post the amended terms and conditions and update the date of "Last Updated" accordingly. It is recommended the Customer periodically review the terms and conditions for changes and updates. The Customer's continued access to or use of the Services after any amendments indicates their consent and acceptance of the revised terms and conditions.
If the Customer does not agree to the amended terms, the Customer must immediately cease all use of the Services and provide written notification to the Company of their disagreement. If the Customer continues using the Services after a modification, it shall signify the Customer's assent to any such changes.
11. COMMUNICATION
11.1 The Company retains the right to prescribe, in its discretion, the required format of any notice pursuant to these terms and conditions, whether written or otherwise, as well as the appropriate mode of communication.
11.2 Any communications delivered in person, transmitted by post, facsimile, telex, or electronic mail shall be assumed received by the intended recipient as follows: (i) immediately upon personal delivery; (ii) forty-eight (48) hours after deposit for mailing if the recipient address is located in Hong Kong; (iii) seven (7) days after deposit for mailing if the recipient address is located outside of Hong Kong; or (iv) instantly upon facsimile, telex, or electronic mail transmission to the contact information most recently supplied in writing. Any communications dispatched by the sender to the recipient will be considered delivered on the actual date of receipt.
11.3 Electronic signatures shall carry the full weight and effect of handwritten signatures.
12. INTELLECTUAL PROPERTY RIGHTS
12.1 The Company retains sole and exclusive ownership of all intellectual property rights, including without limitation patents, copyrights, trademarks, and trade secrets, to any improvements, enhancements, modifications, or derivative works of the services developed by the Company. Users are granted a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and utilize the services solely for their own personal use, subject at all times to these terms and conditions herein. Any other use requires the Company's prior written consent.
12.2 The Customer shall only use the Services as expressly authorized by the Company and within the scope of the license granted herein.
12.3 The Customer must not infringe upon any intellectual property rights of the Company or any third party at any time. This prohibition includes, without limitation:
i. copying, modifying, or creating derivative works of the Services;
ii. distributing, selling, leasing, renting, lending, sublicensing, or transferring any part of the Services to any third party;
iii. reverse engineering, decompiling, 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 and retained by the Company or its licensors. No rights are granted to the Customer except as expressly specified in these terms and conditions.
12.5 If the Customer becomes aware of any unauthorized use of the Company's intellectual property, the Customer shall promptly notify the Company in writing.
12.6 The Company reserves the right to take any and all actions it deems necessary to enforce its intellectual property rights in response to any infringement, including legal proceedings.
13. BINDING ARBITRATION AND CLASS ACTION WAIVER
Any dispute shall be resolved through binding arbitration conducted in English in Hong Kong under the HKIAC Administered 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 herein or the Services.
14. WARRANTY
14.1 The Services provided by the Company and its affiliates, officers, directors, employees, agents, partners, and licensors are furnished on an "as is" and "as available" basis, without any warranties of any kind, whether express, implied or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. The Company does not guarantee that the Services will operate without interruption or error. In particular, the operation of the Services may be interrupted due to maintenance, updates, system or network failures, or other causes. The Company disclaims any and all liability for damages caused by any such interruption, errors or malfunctions. Furthermore, the Company disclaims any and all liability arising from any failure, interruption or disruption of the Services due to inadequate equipment, disturbances related to Internet service providers, saturation of the Internet network, or any other cause.
14.2 The Company disclaims any warranties regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of third-party materials, information, products or services obtained through the Services.
14.3 Any reference to products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply an endorsement, sponsorship or recommendation by the Company.
14.4 The Customer acknowledges and agrees that its use of the Services is at the Customer's own risk. The Customer shall be solely responsible for any damage to any system, device or loss of data resulting from the use of the Services.
15. LIMITATION OF LIABILITY
Under no circumstances shall the Company's total liability to the Customer for any claims, losses, or damages arising under or related to this Agreement exceed the aggregate amount of fees paid by the Customer to the Company in the three (3) month period immediately preceding the date on which the claim arose. In no event will the Company be liable for any indirect, special, incidental, consequential or exemplary damages arising from or related to the Customer's use of the Services, including but not limited to lost profits, lost data, or loss of goodwill, whether in contract, tort, strict liability or otherwise, even if the Company has been advised of the possibility of such damages. The existence of one or more claims will not enlarge this limit.
16. THIRD PARTY SERVICES
The Services may interoperate with or provide links to third party websites, services, and content. The Company does not control and shall not be responsible or liable for any third party content or services. Any interaction or activities between the Customer and any third party, and any use of or reliance on third party content or services by the Customer, shall be solely at the Customer's own risk and responsibility.
17. SEVERABILITY
Each provisions within these terms and conditions herein is discrete and severable from the others. If any provision is determined to be illegal, invalid, or unenforceable in any jurisdiction, the legality, validity, and enforceability of the remaining provisions herein shall not be affected or impaired thereby.
18. FORCE MAJEURE
18.1For 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.
18.2People 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.
18.3During 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.
18.4People 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.
18.5Notwithstanding 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 action, delay, or omission by the Company shall impair or prejudice any of its rights, powers, privileges, or remedies under these terms and conditions. The Company's rights and remedies herein are cumulative and not exclusive of any other rights or remedies available at law or in equity.
20. GOVERNING LAW AND JURISDICTION
These terms and conditions and the Services provided shall be governed by and construed in accordance with the laws of Hong Kong SAR.
21. VERSION
In the event of any conflict or inconsistency between the English and Chinese versions of these terms and conditions, the English version shall prevail.