TERMS OF USE & DISCLAIMER

Use of PortfoPlus Limited's (“PortfoPlus”, “we”, “us”, “our”) websites including but not limited to internet location, all pages and content accessed via desktop or mobile application (the "Website") and all electronic mail or communication services provided by PortfoPlus, including but not limited to any online group discussions and electronic newsletters (together with the Website, the "Services") is subject to the terms and conditions set forth below ("Terms of Use & Disclaimer").

Please read the Terms of Use & Disclaimer and also the Privacy Agreement on the Website before using the Services. However by continuing to use the Services each subscriber, user and/or recipient of the Services irrevocably and unconditionally accepts and agrees to be bound by the Terms of Use & Disclaimer and the Privacy Agreement as the same may be amended from time to time and any amendment to the Terms of Use & Disclaimer and the Privacy Agreement shall be effective immediately upon posting on the Website.

 

1. GENERAL RULES
   • By registering for and/or using or receiving the Services, you, being the subscriber, recipient or user of the Services, accept and agree to be bound by the Terms of Use & Disclaimer throughout the process and use of the Services from time to time. PortfoPlus reserves the right to modify the Terms of Use & Disclaimer or any features of the Services at any time without prior notice or consent to any user to the Services and such modification shall be effective immediately upon either posting on the Website or notifying you as the case may be.
   • You represent that you have read and agree to be bound by these Terms of Use & Disclaimer. 
   • If you register for the Services as a subscriber then to enable other users to legally use the Services under your agreement with PortfoPlus, you shall procure and notify each and every user using or receiving the Services under your account that use of the Services shall only be permitted provided that such user agrees to be bound by these Terms of Use & Disclaimer. Notwithstanding, you agree that you will be responsible for any loss incurred to PortfoPlus as a result of any breach of any named user under your account.
   • You acknowledge that PortfoPlus may provide the Services and/or other services to you under separate agreement(s) including but not limited to the Terms of Trading as detailed in full on the Website. In that case, without prejudice to any such agreement(s), you agree that you are still be bound by these Terms of Use & Disclaimer. Notwithstanding, if there is any inconsistency between the provision(s) of such separate agreement(s) and these Terms of Use & Disclaimer, the provision(s) of such separate agreement(s) shall prevail.

 

2. CONTENT AND USER SUBMISSIONS
   • The contents of the Services, including but not limited to, text, images, charts, graphics, logos, designs content (the "Content") is protected by copyright as a collective work or compilation under the copyright laws enforced in the Hong Kong SAR and other countries, and owned or controlled by PortfoPlus. You must abide by all additional copyright notices or restrictions contained in the Services.
   • No subscriber, user or recipient of the Services shall copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of the Services by any means, including either hard copy or in any electronic form, directly or indirectly, without prior written consent from PortfoPlus. 
   • Without limiting the generality of the foregoing, all use of the Services and Content are only for non-commercial use only. You must not re-distribute, copy or share any part of the Services or Content over any network, including a local area network, nor sell or offer it for sale or distribute without giving proper and accurate reference to its source. 

 

3. USE OF SERVICES
   • As a registered user, you authorise PortfoPlus to use your insurance policy in accordance to the Services. You acknowledge that PortfoPlus does not and will not provide you with any advice, review or recommendation in relation to your insurance policy.
   • In carrying out its Services, PortfoPlus works as follows:
     • You can upload your insurance policies to the Website;
     • PortfoPlus will use your insurance policies information and other personal information to formulate a visual chart breakdown of your policies, and provide simulation results, which will be available on the Website; and
     • You can grant the access rights of your insurance policy to any persons whom you identified, who may provide you advice on optimizing your insurance policy.
   • Based on the Services as described above, you acknowledge that:
     • the simulation results provided in the Website are based on the inputted insurance policy information and other personal information, and that you are not obligated to change any insurance policy; and
     • the persons who may provide you advice on optimizing your insurance policy are not employees of PortfoPlus. Any recommendations provided by these persons are not from PortfoPlus. We advise that you seek independent advice should you require further review and/or recommendation.

 

4. FORUMS AND DISCUSSION GUIDELINES
   • In the event facilities enabling Users to upload or post any messages on the Website including, without limitation, message boards, blogs, forums or other instant message facilities (the "Forums") are available in the Services, the terms and conditions in this Clause 3 shall apply and bind you. 
   • You shall not upload post, transmit, or distribute or otherwise make available on the Forums any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material. 
   • You agree that you will not threaten or verbally abuse other users, use defamatory or indecent language, or deliberately disrupt discussions with repetitive messages, meaningless messages or spam. 
   • You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability. 
   • You undertake not to upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam or any other form of solicitation. 
   • Uploading or posting messages containing libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material is a material breach of this Agreement. PortfoPlus reserves all its rights in enforcing its rights in case of your breach and may immediately and permanently suspend your access to all or part of the Services. 
   • Messages you uploaded or posted on the Forums shall not be of any commercial nature. You shall not, without the express approval of PortfoPlus, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services. 
   • You are solely responsible for any liability arisen from the publication of your messages. However, PortfoPlus shall have the right (but not the obligation) to review or edit any messages you uploaded or posted on the Services and at its sole discretion to refuse publication of, delete, move, or edit any messages. 
   • You hereby grant to us a non-exclusive, perpetual, royalty-free, transferable, sub-licensible worldwide license to republish any material you submit to us in any format, including without limitation print and electronic format. 
   • You hereby acknowledge, consent and agree that PortfoPlus may access, preserve and disclose your personal data and content of messages you uploaded or posted on PortfoPlus in accordance with Clause 6. 

 

5. FEES AND PAYMENTS

• • PortfoPlus reserves the right at any time to charge fees for access to portions of the Services or the Services as a whole. Where fees and charges are (at your election) charged to your credit card, PortfoPlus reserves the right to charge additional fees and charges for renewed and/or continuing subscriptions to the credit card for which details have previously been provided to us. 
  • You expressly agree that PortfoPlus shall not for any reason whatsoever be liable to refund the full amount or any part of fees, charges and taxes paid by you. 

 

6. REPRESENTATIONS AND WARRANTIES

• • Upon your registration for the Services or using the Services from time to time, PortfoPlus will request you to provide your personal data (as defined in the Personal Data (Privacy) Ordinance, Cap.486 Laws of Hong Kong ("Personal Data (Privacy) Ordinance")) to be set out in any subscription form for any Service and any other information obtained from you or from another source ("Personal Data"). You may decline to provide the Personal Data but in that case PortfoPlus reserves the right to refuse to provide the Services to you.
  • You represent, warrant and covenant:
    • your personal data and other information provided to us for registration or subscription purpose are true and accurate, and that you will update the said information, from time to time, should any change occur;
    • you grant us and all other persons or entities involved in the operation of the Services the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Services and in the provision of the Services to you. We cannot and do not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using the Services; and
    • that you will not allow any third party to use or to access the Services by using your subscriber or user ID and/or password or otherwise use your account with PortfoPlus. 
      

7. DISCLAIMERS

• • PortfoPlus and its agents, licensors or other third-party providers:
    • do not warrant that the Services will be uninterrupted or error-free; 
    • are not responsible for the availability, content or services of other third-party providers; 
    • do not endorse the accuracy, satisfactory quality, completeness, non-infringement, compatibility, security, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed in the Services or available through links in the Services; 
    • do not guarantee or warrant that the Services or materials that may be downloaded from the Services do not contain any destructive features or viruses, worms or otherwise and you rely on the Services and any materials available through the service, you do so solely at your own risk. 
  • The information, materials and opinions contained in the Website and Services are for general information purposes only, should not be construed as legal, accounting, financial or tax advice or opinion on any specific facts or circumstances and should not be relied upon in that regard. You must not rely on any statement, materials or information published on the Website or obtained through the Services without taking independent legal or other professional advice in relevant jurisdiction(s). PortfoPlus reserves the right to correct any errors or omissions in the Services. PortfoPlus does not accept any responsibility for any loss which may arise from reliance on information or materials published on the Website.
  • This disclaimer of liability applies to any loss, damage or injury caused by any failure of performance, error, omission, interruption, deletion, defect, transmission blackout, incorrect data transmission, delay in operation or transmission due to internet traffic or otherwise, computer virus or other harmful item, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of record, caused by your computer or for breach of contract, tortious behaviour, negligence, or under any other cause of action. You specifically acknowledge that PortfoPlus is not liable for any defamatory, offensive, or illegal conduct of other users or their parties and that the risk of injury from the foregoing rests entirely with the User. 

 

• LIMITATIONS OF LIABILITY
  • PortfoPlus and its officers, agents, licensors or other third-party providers are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including loss of revenues or profits, loss of business or loss of data, in any way related to the service or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in the Services (including without limitation as a result of breach of any warranty or other term of these Terms of Use & Disclaimer) even if such damage, claims, losses or injuries were foreseen or foreseeable. Any claim against us shall be limited to the amount you paid, if any, for use of the Services. 

 

• ACCESS TO OTHER LINKS
  • The Services contain links to other websites. PortfoPlus is not responsible for the availability of these outside resources, or their content, you should direct any concerns regarding any external link to the site administrator or webmaster of such sites. 
  • The contents of other websites, services, goods or advertisements that may be linked from the Website are not maintained or controlled by PortfoPlus. PortfoPlus is therefore not responsible for the availability, content or accuracy of other websites, services or goods that may be linked from, or advertised on the Website. PortfoPlus does not:
    • make any warranty, express or implied, with respect to the use of the links provided on the Website; 
    • guarantee the accuracy, veracity, reliability, completeness, 
    • usefulness or adequacy of any other websites, services, goods or advertisements that may be linked from the Website; or 
    • make any endorsement, express or implied, of any other websites, services, goods or advertisements that may be linked from the Website. 

 

• COMMUNICATIONS BETWEEN PORTFOPLUS AND USERS
  • Unless you indicate on your registration or subscription form that you do not want to receive such information, PortfoPlus has the right to allow certain third party vendors to provide you with information about any products and services. 
  • You agree that PortfoPlus may send electronic mail or digital messages to you for the purpose of informing you of changes or additions to these Terms of Use & Disclaimer and/or the Services. 
  • A cookie is an element of data that a website can send to your browser, which may then store it on your system. You acknowledge and accept that the Website uses cookies. You can set your browser to notify you when you receive a cookie, giving you a chance to decide whether to accept it. 
  • We reserve the right to gather and use information about your usage and demographics, and agree to maintain your data privacy, in accordance with the Personal Data (Privacy) Ordinance. For more information please read the Privacy Agreement on the Website. 

 

• SUSPENSION AND TERMINATION
  • PortfoPlus may:
    • deactivate or suspend the Services or any part thereof, with or without notice to you, to carry out system, maintenance, upgrading, testing and/or repairs; and/or 
    • limit or suspend your access to any of the Services with or without notice to you if PortfoPlus is of the opinion that such action is appropriate as a result of your use of the Services. 
  • Any subscription of Services may be terminated by either party for any reason at any time by giving a written notice to the other party. You are responsible for all charges incurred, if any, up to the time of deactivation of your account by PortfoPlus. Any subscription of Services shall remain valid and effective until one party terminates the same in the manner prescribed above. 
  • Termination hereunder shall not affect PortfoPlus' rights in relation to any antecedent breach or liability incurred prior to the date of termination. 

 

• THIRD PARTY RIGHTS
  • No person has any rights under The Contracts (Rights of Third Parties) Ordinance (Cap. 623).

 

• GENERAL
  • PortfoPlus shall have the right to sub-license, sub-contract, assign or transfer its rights and obligations in these Terms of Use & Disclaimer, save for Content as defined in 2.1 which is owned or controlled by PortfoPlusto any third party at its sole and absolute discretion. 
  • These Terms of Use & Disclaimer shall be governed by Hong Kong law. You agree that any action arising under these Terms of Use & Disclaimer shall be subject to the non-exclusive jurisdiction of Hong Kong courts. 

 

Last updated: 2-Feb-2018