Terms & Conditions
Please read these terms and conditions of use carefully before accessing or using this website. By accessing or using this website, you agree to be bound by these terms and conditions of use. If you do not wish to be bound by these terms and conditions, you may not access or use this website. These Terms and Conditions of Use may be revised from time to time and such revisions shall be effective immediately upon posting. You agree to review these Terms and Conditions of Use periodically for modifications and your continued access to or use of this Web Site shall be deemed to constitute conclusive acceptance of the revised Terms and Conditions of Use.
1. Interpretation and Parties
1.1 In these Terms and Conditions of Use:
“HKSAR” means the Hong Kong Special Administrative Region.
“Linked Site” means any other website or webpage that is linked to this Website or that can be accessed by the User by activating a hyperlink in this Website or through any other means available to the User through this Website.
“Web Site” means this Web Site.
“APIA” means Asia Pacific Investment Advisors Limited, its successors and assigns, being the operator and owner of this Website.
“Terms and Conditions of Use” means the terms and conditions of use set out herein and any subsequent amendments, additions or modifications to such terms and conditions.
“User” means any person who accesses this Website, whether or not such access results in the User entering into a transaction with APIA or any third party content or service provider.
1.2 These terms and conditions are binding on APIA and the User. 2.
2. Use of the Site
2.1 APIA's affiliation with any third party content or service provider shall not be construed as a recommendation by APIA to purchase or sell any insurance services or products or to make any other decision with financial implications, nor shall such affiliation be construed as an endorsement by APIA of its products or services. APIA does not in any way operate, control or endorse any third party content or services other than those clearly identified as being provided by APIA.
2.2 Access to and use of the Site and Linked Sites is at the User's own risk. All risks associated with the use of the Site or any Content or services on or connected to the Site, including reliance on the accuracy, completeness or usefulness of any Content or services accessed from the Site or connected to the Site, shall be assessed and borne by the User at the User's own risk. The user's sole remedy for dissatisfaction with the Site or any content or service accessible through the Site is to discontinue using the Site and/or such service.
2.3 The Content or Services are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied, other than those warranties which are implied or provided by the laws of the Hong Kong SAR and which cannot be excluded or limited. APIA cannot and does not warrant the quality and performance of the services on this site or any content or services accessed or provided through this site.
2.4 Users must comply with all applicable laws of the Hong Kong SAR and any other relevant jurisdictions with respect to the use of or access to this Site, or the acquisition of products or services through the use of or access to this Site.
2.5 Unless otherwise specified, the products and services contained in this Site are not available outside the HKSAR.
2.6 Users shall not interfere with or disrupt this Site, servers or other software, hardware or equipment connected to this Site. Users shall not collect or store personal data of other users of this Site.
2.7 APIA reserves the right to terminate the User's access to or use of the Content or Services.
2.8 If the User is using or accessing this Website as a representative of another person:
a) references to “User” in these Terms and Conditions shall be deemed to refer to the person who actually uses or accesses this Website and the person on whose behalf such use or access occurs; and
b) the person who actually uses or accesses this website warrants that he/she is duly authorized by the person on whose behalf he/she is using or accessing this website.
3. Disclaimer, Liability and Limitation of Indemnity
3.1 APIA expressly disclaims any representations, warranties or liabilities with respect to the operation or quality of this Site and the Linked Sites, including that this Site or the Linked Sites will be uninterrupted or error-free, or with respect to the accuracy, suitability or any other aspect of the content or services available through this Site and the Linked Sites. To the extent permitted by law, APIA expressly disclaims all warranties, express or implied, as to title, fitness for a particular purpose, merchantability or standard of quality with respect to the Site and any Content, goods or services, except as specifically set forth in these Terms and Conditions of Use.
3.2 APIA and its holding companies, affiliates, sister companies and subsidiaries expressly disclaim all liability for the latter in respect of (i) damage to or loss of data arising out of the User's access to or use of the Web Site or Linked Web Site; and (ii) claims based on contract, or otherwise, relating to loss of revenues (whether direct or indirect), loss of profits or any consequential loss, whether economic or otherwise. any loss of revenue (whether direct or indirect), loss of profits or any consequential loss, whether economic in nature or not, including, without limitation, any loss suffered by the user arising out of the user's access to and use of this web site or the linked web site and any error, inaccuracy, or intrusion of computer viruses, malfunction, omission, interruption, deletion, malfunction, delay in operation or transmission, failure of a communication line, or theft, destruction, unauthorized access to, modification of, or use of, records of, or access to, the user's computer system arising out of or in connection with, the site or linked web site; and (iii) any claim relating to the content, goods or services supplied, offered or sold on or through this Site or any Linked Site, and any interruption or suspension of this Site or any portion thereof due to events or circumstances beyond the control of APIA, including, but not limited to, acts of God, wars, floods, explosions, civil unrest, governmental action, laws, governmental or any other laws or regulations not in effect at the time of the entry into force of these Terms and Conditions of Use, or any other events, including, but not limited to, any such acts of God, war, floods, explosions, civil unrest, governmental action, laws, governmental or any other laws, regulations, governmental or any other laws, regulations, governmental or any other laws, or any other laws and regulations that may be imposed by the Government. laws not in force at the time these Terms and Conditions of Use become effective, restrictions imposed by governmental or any other regulatory authority, labor disputes, trade disputes, or delays by parties beyond APIA's control.
3.3 The User agrees to indemnify or defend APIA and its holding companies, associates, sister companies and subsidiaries from and against any losses, expenses, damages and costs, including legal fees, arising out of any breach by the User of these Terms and Conditions of Use.
3.4 APIA has exercised reasonable care and diligence in the collection of the contents of the pages of this website but does not guarantee the accuracy of any information on those pages and expressly disclaims liability for any errors or omissions.
3.5 The links contained in this Web Site enable the User to access linked Web Sites that are not maintained or controlled by APIA. When the User activates any such connection, the User leaves this Site and enters the Linked Site. Access to or use of the Linked Sites is at the user's sole risk, and in no event shall APIA be liable for the Linked Sites.
4. SpeedInsure and its products
4.1 The User acknowledges that SpeedInsure is an insurance broker whose business is to arrange insurance products and services for its clients, and that SpeedInsure is not an insurance company, does not underwrite any insurance risk, and does not represent any insurance company in its dealings with the User.
4.2 Submission of information to SpeedInsure shall not be construed as binding, valid, effective or underwritten any insurance coverage unless and until a notice of insurance coverage has been sent to the User by or on behalf of SpeedInsure.
4.3 The User acknowledges that unlike other contracts, insurance contracts are based on the absolute good faith of the parties and may be terminated by the insurer if the policyholder fails to act in absolute good faith. The obligation to act in absolute good faith is a continuous one and does not end when the insurance contract is signed. The policyholder must (i) disclose facts that would affect a prudent insurer's determination of benefits or coverage; (ii) not misrepresent material facts; and (iii) not make fraudulent claims. A fact is material and must be disclosed to the insurer (even if not asked or prompted by the insurer in the enrollment form or in any other contact between them or through SpeedInsure) if it relates to the nature of the risk to be covered or to the recoverability of the benefits and the prudent insurer will take that fact into account in deciding whether or not to accept the policy.
4.4 Users are advised to exercise extreme care in checking and reviewing the correctness, accuracy and completeness of the information provided when obtaining products and services through this website. Subscriber acknowledges that (i) SpeedInsure is not aware of any personal facts or other facts about Subscriber that are or may be material and must be disclosed to Underwriters, and Subscriber's dealings with SpeedInsure should not be relied upon as an inference that SpeedInsure has knowledge of such facts; (ii) Subscriber may not rely on SpeedInsure to notify or alert Subscriber of any facts that are or may be material. (ii) Subscriber may not rely on SpeedInsure to notify or remind Subscriber of any facts that are or may be material and must be disclosed; (iii) Subscriber is solely responsible for any and all answers and statements provided in completing the policy form, claim form or any other material documents; and (iv) providing incorrect answers or information in completing the policy form, claim form, or any other material documents may invalidate or render ineffective the agreement of insurance or void the claims and loss of insurance coverage.
4.5 All products and services described on this Site or arranged by SpeedInsure are subject to the terms and conditions of any applicable agreement. Users are advised to read these terms and conditions carefully and satisfy themselves that they fully understand them (and, where appropriate, seek expert advice on the interpretation, operation and material effect of these terms and conditions) before entering into a contract to obtain any such products or services. Users should contact SpeedInsure's customer service department if they have any questions or need assistance.
4.6 Unless otherwise specified, the products and services contained in this Site are not available to persons (e.g. minors) who are not residents of Hong Kong or who are not legally entitled to contract with SpeedInsure. Contracts purportedly entered into by such persons are not binding on SpeedInsure.
4.7 Users may access the information provided on the web pages managed by SpeedInsure for non-commercial and purely personal use, and SpeedInsure and its affiliates retain all copyrights and other proprietary information and notices contained on the web pages.
4.8 SpeedInsure expressly disclaims any liability to any person for the destruction of data and loss of data arising out of the access and use of the Web Site and for any claim, contractual or otherwise, for loss of revenue (whether direct or indirect), loss of profits or any consequential loss (whether economic or otherwise), including, without limitation, claims arising out of the access and use of the Web Site or any communication made through the Web Site. any communication made through this site, and (except for information contained in the final version of the policy arranged by SpeedInsure) any error, inaccuracy, computer virus that has penetrated the user's computer system through these pages, inoperability, omission, interruption, deletion, malfunction, delay in operation or transmission, communication line failure, or theft, destruction, unauthorized access to, or alteration or use of, any of the records, unauthorized access, alteration or use of any records.
5. Collection and Use of Data
5.1 The User agrees that his/her personal data may be collected, used and disclosed in the manner and subject to the terms and conditions set out in the Privacy Policy and Personal Information Collection Statement published on this Website.
6. Termination
6.1 Either party may terminate this Agreement at any time and for any reason without prior notice to the other party, provided that the User may not access or use the Site after termination of this Agreement.
6.2 Termination of this Agreement shall not release, prejudice or affect the rights accruing to either party or any claim that a party may have against the other party for breach of contract prior to termination.
7. General Provisions
7.1 If any part of these Terms and Conditions of Use is unenforceable, the unenforceable part shall be enforced to the fullest extent possible and the remainder of these Terms and Conditions of Use shall remain in full force and effect.
7.2 These Terms and Conditions of Use shall be governed by the laws of the HKSAR and the parties submit to the non-exclusive jurisdiction of the courts of the HKSAR.