Before you use HSBC Life Employer Platform, please read these terms and conditions carefully.
- These terms and conditions (“these Terms”) contain important information applicable to the use of HSBC Life Employer Platform in Hong Kong and Macau.
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These Terms should be read together with:
- Data Privacy Notice: this document explains how we collect, store, use and share your personal data
- Any other terms and conditions that we may notify you of
- Together, these documents form the agreement between you and us. In the event of any discrepancy between these Terms and the other terms and conditions referred to above, these Terms shall prevail.
- By using HSBC Life Employer Platform, you agree to comply with and be bound by these Terms.
- For the purposes of these Terms, “HSBC Group” means The Hongkong and Shanghai Banking Corporation Limited, its subsidiaries and affiliated companies.
- Our Data Privacy Notice, which explains how we collect, store, use and share your personal data, can also be found on the login page of HSBC Life Employer Platform and on HSBC Life’s website.
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- HSBC Life Employer Platform is a digital platform provided in Hong Kong and Macau by HSBC Life (International) Limited (“HSBC Life”), incorporated in Bermuda with limited liability (“we” or “us”)
- HSBC Life Employer Platform is an all-in-one employer online service platform which could help employers manage the employee benefits for your company. From the platform, users can view the policy information, check the member details, manage employee movements and more. You can access HSBC Life Employer Platform on its website.
- We do not charge for the use of HSBC Life Employer Platform. However, your internet service provider / mobile network operator may charge you for accessing HSBC Life Employer Platform and its functions and features. These charges may vary if you use HSBC Life Employer Platform abroad. You are responsible for these charges.
- HSBC Life Employer Platform is designed to be used in Hong Kong and Macau only, it is not intended to be used by any person in any jurisdiction where such use would not be permitted by law or regulation, or where we are not licensed or authorised to provide HSBC Life Employer Platform or any of its functions or features. If you use HSBC Life Employer Platform outside of Hong Kong and Macau, you are doing so on your own initiative and must adhere to local laws.
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- You may register to use HSBC Life Employer Platform if you are the authorised user of the policyholder of group insurance policy(ies) issued by us.
- Registration for the use of HSBC Life Employer Platform is granted at our sole discretion. We may reject your request for registration if we consider there are reasonable grounds for doing so (for example, if you are not eligible to use HSBC Life Employer Platform or if we have doubts as to your identity).
- You must provide accurate, current and complete information during registration and ensure that this information is kept up-to-date. We will not be responsible for any loss due to the provision of incomplete or inaccurate information.
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By registering to use HSBC Life Employer Platform, you agree and confirm that:
- you satisfy the relevant eligibility criteria;
- you are using your genuine identity; and
- information provided by you for the registration is accurate, current, complete and not misleading.
- You cannot transfer your HSBC Life Employer Platform registration to another person. Each individual can only have one registration.
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- Please ensure that your electronic devices are compatible with the website. To ensure you can access and use HSBC Life Employer Platform and to maintain the security of your account, it is important to keep your devices operating system up-to-date.
- We cannot guarantee that HSBC Life Employer Platform or its features or services are available or supported on all devices or operating systems.
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- We provide HSBC Life Employer Platform as a platform to manage your company’s group insurance policy(ies).
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- By using HSBC Life Employer Platform, you agree that we may collect, use, store, and share your personal data according to our Data Privacy Notice.
- If you disclose the personal data of another person, such as an employee of your company, or his/her dependent, to us, you confirm that you have obtained or will obtain their consent to provide their personal data to us for the purposes stated in our Data Privacy Notice and these Terms.
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You agree that:
- We may collect, use, disclose, and transfer your, your employee’s and/or their dependent’s personal information as necessary to detect and prevent fraud (whether or not relating to the policy mentioned in this form) to the following persons, who may collect and use this information only as reasonably necessary to carry out the purposes described above: organizations that consolidate claims and underwriting information for the insurance industry, fraud prevention organizations, other insurance companies (whether directly or through fraud prevention organizations or other persons named in this paragraph), and databases or registers (and their operators) used by the insurance industry to analyze and check information provided against existing information.
- Your, your employee and/or their dependents have consented to all of the above.
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- We will assume that it is you with whom we are dealing when your security details are used. Therefore, it is important to keep your security details safe at all times. Security details refer to personalized information that you have given us to confirm your identity, including passwords, security codes, PINs, signatures
- Your HSBC Life Employer Platform account is for your company’s administrative use on group insurance policy management. You are responsible for maintaining the confidentiality and security of your account and security details.
- You must take appropriate security measures to keep your account and security details, as well as any other electronic device that you use to access the platform safe.
- You will be responsible for any instructions given by you or anyone acting with your authority between when you log on to the Platform and until you log off.
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Tell us immediately if:
- You have any reason to suspect that your security details have been stolen, misused, or otherwise compromised; or
- There is actual or suspected unauthorised use or access to your HSBC Life Employer Platform account.
- We will investigate any suspicious activity or unauthorised transactions that you report to us. We may ask you for information to help our investigations, and we may need to share it with the relevant law enforcement agencies or regulators. You may be responsible for any unauthorised use or transactions if we reasonably believe that you acted carelessly, fraudulently, or did not follow these Terms or the security tips and guidance that we make available.
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On HSBC Life Employer Platform, you may be able to:
- create, upload, post, send, receive and store Account Content on or through HSBC Life Employer Platform
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access and view Account Content and Platform Content
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“Account Content” means the content that you create, upload, post and store on or through HSBC Life Employer Platform. This may include documents, text, and pictures.
“Platform Content” means the content that we make available on or through HSBC Life Employer Platform. This includes our proprietary content and any content licensed or authorised for use by us or to us by a third party.
- You are responsible for all Account Content.
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By creating, uploading, posting, sending, receiving, storing or otherwise making available any Account Content on or through HSBC Life Employer Platform, you confirm that:
- you are the sole and exclusive owner of all Account Content or you have all rights, licenses or consents that are necessary to grant us rights to use the Account Content;
- all Account Content, your uploading and posting of Account Content, or use of Account Content will not infringe, misappropriate or violate any third parties patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights or rights of publicity or privacy, or result in the violation of any applicable law or regulation; and
- you grant us a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to such Account Content to access, use, store, copy, modify, prepare derivative works or, distribute, publish, transmit and otherwise exploit in any manner such Account Content to provide and/or promote HSBC Life Employer Platform.
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You must not:
- post, upload, publish, submit or transmit any Account Content that is fraudulent, false, misleading or deceptive, defamatory, libellous, vulgar, offensive, discriminatory, promote any illegal activities or is otherwise inappropriate; or
- use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit HSBC Life Employer Platform or the Account Content / Platform Content, except to the extent you are the legal owner of certain Account Content.
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You acknowledge and agree that:
- the Platform Content (including all associated intellectual property rights) are our exclusive property and/or the exclusive property of our licensors; and
- unless we specify otherwise, nothing in these Terms operates to assign, transfer, license or otherwise grant you any right, title or interest in or to the intellectual property rights relating to HSBC Life Employer Platform or the Platform Content.
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You must make sure to treat the following information as confidential:
- details of benefits to which your employees and their dependents (if any) are entitled; and
- any other information we specify as confidential.
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You may disclose information which would otherwise be confidential only if:
- you are required by law to disclose it;
- you are required by any government, regulatory or supervisory body, or a court of competent jurisdiction to disclose it;
- the information has come into the public domain through no fault of your own; or
- we have given you prior written approval to disclose it; and on the condition that you consult with us first before you make any disclosure (unless such consultation would be unlawful).
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- We may need to contact you from time to time to provide you with certain information, for example, to confirm that we have received instructions or payments from you, to give you a summary of your transactions, or to inform you of any updates or changes to these Terms or HSBC Life Employer Platform.
- We may communicate with you from time to time in any form and mode of communication we consider appropriate. This includes sending secure e-messages on the platform, emails, or text messages to your phone number or email address held in our records. We will assume that you have received our communications immediately after we have sent it.
- Please communicate with us in the manner we may specify on HSBC Life Employer Platform from time to time (for example, through the website or the contact details set out under Help on HSBC Life Employer Platform). Instructions or communications sent by you will be considered as having been received by us on the day of actual receipt.
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We may, from time to time:
- amend these Terms;
- make changes to, suspend, terminate or deactivate HSBC Life Employer Platform for example, when we carry out scheduled or unscheduled maintenance, upgrades or other servicing to HSBC Life Employer Platform);
- suspend, cancel, terminate, or revoke any benefits offered through HSBC Life Employer Platform (in whole or in part)..
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Where possible and appropriate, we will inform you of these changes in advance. If you do not agree with these changes, please cease using HSBC Life Employer Platform. By continuing to use HSBC Life Employer Platform, you accept these changes and will be bound by them.
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We may, at any time, without your prior consent, transfer, or sub-contract any of our rights and obligations to someone we believe is capable of performing our obligations towards you as well as we would. Where possible and appropriate, we will inform you in advance.
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However, you may not transfer any of your rights or obligations to any other person without our prior written consent.
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We may limit, suspend, or terminate your access to HSBC Life Employer Platform if:
- we reasonably suspect that you have breached these Terms;
- you provided us with incorrect or misleading information;
- we have requested information from you, but you have not provided it to us within a reasonable period of time;
- we reasonably suspect fraudulent, illegal, unauthorised, or criminal activities;
- we have concerns about the security of your HSBC Life Employer Platform account (for example, if someone attempts to access your account without your authorisation by using your password);
- you have not paid any amount owed to us after a reasonable period; or
- we need to do so to ensure compliance with applicable laws, regulations, regulatory guidance or instructions, or court orders. We will not be responsible for any losses you may suffer as a result of the limitation, suspension, or termination of your access to HSBC Life Employer Platform.
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Additionally, you will no longer have access to HSBC Life Employer Platform if:
- you no longer meet the eligibility criteria referred to in 2.1 above; or
- your company’s group insurance policy is terminated.
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We may not be able to inform you in advance before limiting, suspending, or terminating your access to HSBC Life Employer Platform.
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If your access to HSBC Life Employer Platform is suspended or terminated, you will not be able to use any of the functions and features on HSBC Life Employer Platform and all benefits associated with HSBC Life Employer Platform will cease or end.
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We will take reasonable steps to:
- ensure our systems relating to HSBC Life Employer Platform are installed with adequate security designs; and
- control and manage the risks in operating such systems. However, neither we nor any member of the HSBC Group can guarantee that HSBC Life Employer Platform is free of destructive properties that may adversely affect your hardware, software, or equipment (including your computer and mobile device), or any data transmitted, stored, or processed in relation to HSBC Life Employer Platform.
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You may access information or materials on or through HSBC Life Employer Platform that may be provided by other users of HSBC Life Employer Platform or external websites (including via links that may direct you to those external websites).
- You acknowledge that such information, materials, and external websites are prepared and published by third parties that are not related to us.
- We have not verified the information on these websites and do not guarantee, approve, or endorse such information. We have no control over and have no obligation to update such information and materials.
- Such information and materials do not constitute medical advice.
- You must exercise independent judgment and must not rely on such information in place of seeking professional medical advice. You should seek appropriate professional medical advice promptly as needed.
We expressly disclaim all conditions, undertakings, representations, and warranties (whether express or implied) in relation to HSBC Life Employer Platform.
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We make no representations or warranties:
- as to the accuracy, quality, completeness, timeliness, adequacy, reliability, or validity of any information or material provided on or through HSBC Life Employer Platform;
- that HSBC Life Employer Platform will meet your requirements, is fit for purpose, or is free of defects, errors, or omissions; or
- that your use of HSBC Life Employer Platform will be uninterrupted, timely, secure, or error-free.
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We, the members of the HSBC Group, and our respective agents will not be liable for any loss or damage under any circumstances in:
- tort (including negligence);
- breach of statutory duty; or
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otherwise, which you or any other person may incur or suffer in connection with the use of HSBC Life Employer Platform or these Terms to the extent that:
- such loss or damage is consequential, indirect, special, or punitive; or
- such loss is loss of profits, anticipated savings, or other economic loss.
- This does not affect our liability, which cannot be excluded or limited under applicable law.
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If it is proven in a case that there was gross negligence or willful default by us, any member of the HSBC Group, or our respective agents, then our and the HSBC Group’s aggregate liability to you for any direct loss or damage in connection with the use of HSBC Life Employer Platform or these Terms will be the lower of:
- any loss or damage you incur or suffer that is direct and reasonably foreseeable arising directly and solely from such gross negligence or willful default;or
- the amount of the relevant transaction.
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Neither we nor any member of the HSBC Group will be liable for:
- any interruption, interception, suspension, delay, loss, unavailability, mutilation, or other failure in providing HSBC Life Employer Platform, or connecting with HSBC Life Employer Platform that is caused by any circumstance beyond our reasonable control; or
- any delays or failures of the performance of any of our obligations under these Terms if they are attributable to any event or circumstances that are beyond our reasonable control. These include war, civil commotion, armed conflict, riot, act of terrorism, pandemic, fire, flood, or other act of God.
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If we or you have any right or remedy under these Terms or applicable laws against the other, that right or remedy will not be lost if there is a delay in exercising that right or remedy, nor will it prevent or restrict the exercise of that right or remedy in the future.
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If any part of these Terms is prohibited by law or judged by a court to be unlawful, void, or unenforceable, that part will be treated as removed from these Terms, but the rest of these Terms will be unaffected and will remain valid and enforceable.
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No person other than you and us (including any member of the HSBC Group) will have any right under the Contracts (Rights of Third Parties) Ordinance to enforce or enjoy the benefit of any of the provisions of these Terms.
The laws of Hong Kong SAR will apply to the interpretation of these Terms, and the Hong Kong courts will have non-exclusive jurisdiction to deal with any dispute between you and us.
If there is any inconsistency between the English and Chinese versions of these Terms, the English version will prevail.
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Please contact us if you have any questions. You can find our contact details under Contact Us on HSBC Life Employer Platform.