Terms of Use

Terminology
Amendments to Terms of Use
Disclaimer
Exception to Disclaimer
Specific Warnings
Copyright and Trade Marks
Availability of Use
Restricted Use
Disabling Programmes
Linked Websites
New Services and Products
Privacy Policy
Security of Information
Termination of Access
Exclusion of Liability
Governing Law

1.Terminology



1.1 In these Terms of Use, unless the context otherwise requires:

"Computer Virus" hall include any computer code that would damage or corrupt the data or integrity of data, storage media, other computer programs or computer systems or network or disrupt, disable, harm, interfere or otherwise impede in any manner the operation of or communications between computer hardware, software, firmware, computers, computer systems or networks.

"Financial Adviser" shall mean any person who is

  • an authorised insurance broker in Hong Kong as defined in the Insurance Companies Ordinance; or
  • a holder of a capital markets services licence in respect of dealing in securities issued by the Securities and Futures Commission of Hong Kong, under the Securities and Futures Ordinance, Chapter 571 of Hong Kong Special Administrative Region.

"the Company" shall refer to Aviva Life Insurance Company Limited or Aviva Portfolio Investment Services Limited (as the case may be).

"Website" shall mean the internet-based portal owned and/or operated by the Company (including any secured section of the Website accessible only by using an assigned user identification tag and password).

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2. Amendments to Terms of Use


2.1 The Company reserves the right to amend these Terms of Use from time to time. Amendments will be effective immediately upon notification on the Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the Terms of Use as amended.

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3. Disclaimer


3.1 The Company does not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the Website, nor does the Company accept any responsibility for any such loss arising out of your use of or reliance on any material or information contained on or accessed through the Website.

3.2 The information and materials available on the Website, including text, graphic, recommendations, models, links or other items (collectively, the "Content") is provided for general information only, and is furnished without regard to the investment objectives, financial situation or particular needs of any particular person. You should not rely on nor use the Content as a basis for making decisions relating to your insurance and/or investment portfolio (as the case may be) without first assessing and verifying the data and information independently and/or consulting your Financial Adviser. The Company accepts no liability for any loss or damage arising directly or indirectly from the reliance on any Content contained on or accessed through the Website.

3.3 The Content is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied, statutory or otherwise, save for information pertaining to you or information personal to you in your capacity as a customer of the Company. The Company makes no representations about the accuracy, character, quality, timeliness, promptness or the performance of the Website, the Contents or any service obtained through the Website, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality, fitness for a particular purpose and freedom from Computer Virus. All terms that may be excluded are excluded to the fullest extent permitted under law

3.4 To the extent permitted by law, any condition or warranty that would otherwise be implied into these Terms of Use is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits the Company from excluding or modifying the application of, or the Company’s liability under, any such condition or warranty, that condition or warranty will be deemed included but the Company’s liability in relation to the Company’s services will be limited, for a breach of that condition or warranty, to either supplying the services again or payment of the cost of having the services supplied again.

3.5 You hereby accept sole responsibility for any damage to your computer equipment and any loss of data resulting from accessing and/or the downloading of any Content from the Website.

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4. Exception to Disclaimer


4.1 The disclaimer set out in these Terms of Use does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

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5. Specific Warnings


5.1 You must ensure that your access to the Website is not illegal or prohibited by laws that apply to you.

5.2 You must take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to the risk of any Computer Virus, device, software or routine that may damage your own computer system. The Company does not accept any responsibility for any interference or damage to your own computer system that arises in connection with your use of the Website.

5.3 Whilst the Company has no reason to believe that any information contained on the Website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor does the Company undertake to keep the Website updated. The Company does not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on the Website.

5.4 Responsibility for information and materials provided by any third party that may appear on the Website, including text, graphic, advertisements, recommendations, models, links (including hyperlinks to any third party websites) or other items (collectively, the "Third Party Content") rests solely with the relevant third party. The placement of such Third Party Content does not constitute a recommendation or endorsement by the Company of any of the Third Party Content, in whole or in part, and any representations made in connection with such Third Party Content are the sole responsibility of the relevant third party. The Company does not accept responsibility for any loss suffered as a result of reliance by you on any Third Party Content contained on the Website.

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6.1 The copyright in and to the Contents of the Website (save for information pertinent to you or information personal to you in your capacity as a customer of the Company) is owned by or licensed for use by the Company. No part or parts of the Contents may be reproduced, distributed, published, modified, displayed, broadcasted, hyperlinked or transmitted in any manner or by any means stored in an information retrieval system without the prior written consent of the Company.

6.2 The trade and service marks displayed on the Website are the sole and exclusive property of the Company and/or other relevant third parties. No right or licence is given for any reproduction or use of any such trade and service marks.

6.3 Except where otherwise specified, any word or device to which is attached the TM or ™ symbol is a registered trade mark.

6.4 If you use any of the Company's trade marks in reference to the Company's activities, products or services, you must include a statement attributing that trade mark to the Company. You must not use any of the Company’s trade marks:

  • in or as the whole or part of your own trade marks;
  • in connection with activities, products or services which are not the Company’s;
  • in a manner which may be confusing, misleading or deceptive; or
  • in a manner that disparages the Company or its information, products or services (including the Website).

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7. Availability of Use


7.1 The Company shall use all reasonable endeavours to ensure that the Website will be available during the times set out in the Website or elsewhere, PROVIDED THAT nothing herein shall be construed or be deemed as a warranty by the Company that the Website will be available (whether uninterrupted or available at all) during such specified times. Notwithstanding any representation to the contrary, the Company shall at any time, in its sole and absolute discretion and without prior notice, be entitled to temporarily suspend the operations of the Website (for updating, maintenance and upgrading purposes or in the event of excess demand for the Website) or permanently without any liability whatsoever.

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8. Restricted Use


8.1 Unless the Company agrees otherwise in writing, you are provided with access to the Website only for your personal use. You are authorised to print a copy of any information contained on the Website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without the written permission of the Company on-sell information obtained from the Website.

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9. Disabling Programmes


9.1 You hereby undertake that you shall not use any Computer Virus, device, software or routine to interfere or attempt to interfere with the proper working of the Website, nor shall you take any action that imposes an unreasonable or disproportionately large load on the Website or its associated infrastructure (including any computers hosting or connected to the Website).

9.2 You hereby undertake to ensure that the computer, mobile, wireless and other equipment which you may use to access the Website are well-maintained and are free from any Computer Virus, device, software or routine which may cause harm or damage, including but not limited to the installation of anti-virus programmes to prevent your equipment from acquiring and/or transmitting any such Computer Virus, device, software or routine.

9.3 You agree that the Company shall not be liable for any defect or default in any equipment or computer or system interferences, Computer Virus or defects that may interfere with the Website, your telecommunication or computer system, or that of the Company's, any certification authority, Internet service provider, telecommunication service provider or other service provider.

9.4 The Company reserves the right to specify and at any time change the type, version or specification of any software, hardware or equipment that may be required to access and use the Website. If your software, hardware or equipment does not meet such specifications, the Company reserves the right to withdraw, suspend and/or terminate the operation of or your access to and use of the Website at any time without prior notice and without any liability whatsoever.

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10. Linked Websites


10.1 The Website may contain links to other websites (each a "Linked Website"). Such links are provided for convenience only and the Company does not undertake to ensure that such links remain current or are maintained.

10.2 The Company does not make any representations or warranties about any Linked Websites. Any Linked Website is independent from the Website, and the Company has no control over, or responsibility with respect to the material or information provided or activities undertaken by any such Linked Website. The Company accepts no responsibility for any loss arising out of your use of or reliance on any material or information, or the accuracy or currency of such material or information, contained on any Linked Website, and accepts no liability for the content or privacy practices associated with any Linked Website.

10.3 The provision of a link by the Company between the Website and a Linked Website should not be construed as an endorsement, approval or recommendation by the Company of the owners or operators of that Linked Website, or of any information, graphics, materials, products or services referred to or contained on that Linked Website, unless and to the extent stipulated to the contrary. You are advised make your own independent decision with regard to your interactions or communications with any Linked Website accessed through the Website.

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11. New Services and Products


11.1 The Company may introduce new services and/or products through the Website from time to time. By utilising such new service(s) and/or product(s) as and when such new service(s) and/or product(s) become available, you agree to be bound by the relevant terms and conditions in force governing each such service and/or product.

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12. Privacy Policy


12.1 The Company undertakes to comply with the terms of the Company’s Privacy Policy

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13. Security of Information


13.1 Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst the Company strives to protect such information, the Company does not warrant and cannot ensure the security of any information that is transmitted, and you acknowledge and agree that such information is transmitted at your own risk. Nevertheless, once the Company receives your transmission, it will take reasonable steps to preserve the security of such information.

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14. Termination of Access


14.1 You acknowledge that the Company may terminate all or part of your access to the Website at any time without notice. All disclaimers within these Terms of Use will nevertheless survive any such termination

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15. Exclusion of Liability


15.1 Notwithstanding any provision to the contrary, in no circumstance shall the Company be liable, in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever, and whatever the cause thereof, (i) for any increased costs or expenses, (ii) for any loss of profit, business, contracts, revenues, (iii) for any loss of use or (iv) for any special indirect or consequential damage of any nature whatsoever suffered by you in the course of usage of the Website.

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16. Governing Law


16.1 These Terms of Use shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region ("Hong Kong").

16.2 All disputes arising from, out of or in relation to the terms in these Terms of Use shall be referred to and finally resolved by arbitration in Hong Kong in accordance with the rules of Hong Kong International Arbitration Centre ("HKIAC") that may be in force from time to time. The arbitration tribunal shall consist of a single arbitrator to be appointed by the Chairman of the HKIAC. The decision of the arbitrator shall be final and binding. The language of the arbitration shall be in English.

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