1. Access to or use of the SmartDrive System and/or SmartCargo System (hereafter collectively termed as the "Systems") is subject to the following Terms and Conditions. The access to or use of the Systems constitutes your agreement to be bound by all such Terms and Conditions without limitation or qualification. AXA General Insurance Hong Kong Limited ("AXA") reserves all rights to amend, modify, add, delete or revise in any way these Terms and Conditions and all materials and contents of the Systems, at any time. You are bound by such revisions and should periodically visit this page to review the current version to which you are bound. IF YOU DO NOT AGREE TO ANY OF THESE TERMS AND CONDITIONS, PLEASE DO NOT USE OR ACCESS THE SYSTEMS.
Access to or use of the SmartDrive System shall be restricted to authorized intermediaries of AXA only. In addition to intermediaries, our policyholders are permitted, to a limited extent, access to and use of the SmartCargo System. For the purposes of these Terms and Conditions, the expression "you" shall mean a person authorized to access or use the Systems in accordance with the provisions herein contained.
a. As an intermediary of AXA, you shall act with integrity and professionalism at all times. You are aware that AXA is entrusted with confidential information relating to customers and you are, in turn, entrusted with such information, as well as information relating to our business and operations which may come to your knowledge in the course of business. You hereby agree that in the event that you and/or any of your authorized personnel shall, by act or omission, commit any breach of confidentiality, whether arising out of or in connection to fraud, misconduct, negligence or otherwise, you may be subject to various sanctions, including but not limited to, criminal or civil liabilities and/or termination of your agreement with us.
b. You shall ensure that access to or use of the Systems and its information and contents are limited to authorized personnel only, and such access to or use of the Systems and its information and contents shall be on a "need-to-know" basis, so that confidentiality and privacy are maintained.
c. You shall ensure that the information and contents in the Systems are accessed, modified or edited only by authorised personnel, thereby maintaining the integrity of information.
d. Your user identification(s) and password(s) are personal to you. However, we are aware that for administrative reasons, your user identification(s) and password(s) may be disclosed to persons under your employment. In that regard, you shall ensure that your user identification(s) and password(s) are disclosed only to authorized and fit and proper personnel. Notwithstanding the generality of the foregoing, you shall be fully responsible and liable for all activities and/or transactions carried out using your user identification(s) and password(s).
e. You shall notify us immediately if you suspect that your user identification(s) and password(s) have been used in an inappropriate manner and/or any of the information contained on the Systems may be or have been compromised.
f. You are responsible for protecting the information contained on the Systems that is within your purview. In the event that inappropriate activities and/or transactions occur under your account, whether with or without your knowledge, including any loss of information, inaccuracies, inappropriate modifications or disclosures thereof to anyone who lacks the authorisation or exceeds his scope of authorization, you shall be personally liable for any loss, damage, claims and/or expenses arising out of or in connection to such inappropriate activities and/or transactions.
a. The Systems shall be used for business purposes only and you should have no expectation of privacy associated with the information you store in or send through the Systems.
b. You may print but shall not post, reproduce or redistribute the information contained on the Systems without our prior written permission.
c. An intermediary shall not permit external parties, including without limitation, any applicants for insurance, past or present policyholders or insured persons, any access to or use of the Systems. You further undertake to keep strictly confidential and not to disclose any information herein contained, save as permitted hereunder or in furtherance of the objectives of the Systems in respect to the transmission of quotations, proposal forms, policy schedules, certificates of insurance, tax invoices, debit notes and renewal notices to customers.
d. You shall ensure that documents issued through the Systems accord with the applicable written contract between you and us that sets forth the terms and circumstances under which such documents are to be issued.
Without prejudice to the generality of the preceding paragraph, documents issued through the SmartCargo System shall accord with the marine cargo insurance terms and conditions mutually agreed between you and us, in respect of the terms of issuance of marine documents, including but not limited to, quotations, cover notes, and/or open covers. Such written contract must remain in-force on the date of issuance of these documents.
a. The Systems are not intended to be accessed or used by persons located or resident in jurisdictions, which restrict the distribution of information, by us. Such people are required to inform themselves and observe any relevant restrictions.
b. By using the Systems, you expressly agree that such use is at your own risk. We assume no responsibility and shall not be held liable for any damage to your computer or any other equipment or property as a result of your access to, or use of, or browsing in this web site or downloading of any materials herein contained, including any viruses, malicious, destructive or corrupting code, agent, program or macros. We endeavour to provide a service of the highest quality, but cannot guarantee that our service will be uninterrupted or error-free, or that the service selected will reach the intended recipient. You acknowledge that you are fully aware and expressly agree that use of the Systems is subject to having all your activities on the Systems monitored and recorded by us.
c. Any hypertext links to other web sites are provided for convenience only, and we assume no responsibility or liability whatsoever for the contents of those other web sites linked to, or any products or services advertised or sold on those web sites.
d. You should assume that all the materials and contents of the Systems including without limitation all marks, logos, names, icons and images are either the property of or used with permission by us. Accordingly, unless expressly allowed hereunder or on the Systems, you shall not copy, use, distribute or reproduce in any way whatsoever, such materials and contents without our prior written permission. The AXA Group does not warrant or represent that your use of materials displayed herein will not infringe on the rights of any third parties. TAKE NOTE THAT any unauthorized use is strictly prohibited and may violate the law, including without limitation, copyright laws, trademark laws, any laws of privacy and publicity and communications legislations, and may be subject to criminal and/or civil penalties.
AXA General Insurance Hong Kong Limited (referred to hereinafter as the "Company") recognises its responsibilities in relation to the collection, holding, processing, use and/or transfer of personal data under the Personal Data (Privacy) Ordinance (Cap. 486) ("PDPO"). Personal data will be collected only for lawful and relevant purposes and all practicable steps will be taken to ensure that personal data held by the Company is accurate. The Company will take all practicable steps to ensure security of the personal data and to avoid unauthorised or accidental access, erasure or other use.
Please note that if you do not provide us with your personal data, we may not be able to provide the information, products or services you need or process your request.
Purpose: From time to time it is necessary for the Company to collect your personal data which may be used, stored, processed, transferred or disclosed or shared by us for purposes, including:
| 1.||offering, providing and marketing the products/services of the Company and/or other companies of the AXA Group ("our affiliates") to you, and administering, maintaining, managing and operating such products/services. Such products/services may include insurance, banking, provident fund or scheme, or other financial products/ services or other related products/services; |
| 2.||processing and evaluating any applications or requests made by you for products/services offered by the Company and/or our affiliates; |
| 3.||providing subsequent services to you, including but not limited to administering the policies issued; |
| 4.||any purposes in connection with any claims made by or against or otherwise involving you in respect of any products/services provided by the Company and/or our affiliates; |
| 5.||evaluating your financial needs; |
| 6.||designing products/services for customers; |
| 7.||conducting market research for statistical or other purposes; |
| 8.||matching any data which relates to you from time to time for any of the purposes listed herein; |
| 9.||making disclosure as required by any applicable law, rules, regulations, codes of practice or guidelines; |
| 10.||conducting identity and/or credit checks and/or debt collection; |
| 11.||complying with the laws of any applicable jurisdiction; |
| 12.||carrying out other services in connection with the operation of the Company's business; and |
| 13.||other purposes directly relating to any of the above. |
Transfer of personal data: Personal data will be kept confidential but, subject to the provisions of any applicable law, may be provided to:
| 1.||any of our affiliates, any person associated with the Company, any reinsurance company, claims investigation company, industry association or federation, fund management company or financial institution in Hong Kong or elsewhere and in this regard you consent to the transfer of your data outside of Hong Kong;|
| 2.||any person in connection with any claims made by or against or otherwise involving you in respect of any products/services provided by the Company and/or our affiliates;|
| 3.||any agent, contractor or third party who provides administrative or other services to the Company and/or our affiliates in Hong Kong or elsewhere and who has a duty of confidentiality to the same;|
| 4.||credit reference agencies or, in the event of default, debt collection agencies;|
| 5.||any actual or proposed assignee, transferee, participant or sub-participant of our rights or business; and|
| 6.||any government department or other appropriate governmental or regulatory authority in Hong Kong or elsewhere.|
For our policy on using your personal data for marketing purposes, please see the section below "Use of data in direct marketing".
Transfer of your personal data will only be made for one or more of the purposes specified above.
Use of data in direct marketing: The Company intends to provide your personal data including your name and contact details to our affiliates, persons associated with the Company, reinsurance companies, fund management companies, other financial institutions and third party providers of marketing and technology in Hong Kong or elsewhere for sending you promotional materials and conducting direct marketing activities in relation to the financial products/services offered by our affiliates, persons associated with the Company, reinsurance companies, fund management companies, and/or other financial institutions. If you do not wish to receive direct marketing information or materials, please notify the Company at AXA General Insurance Hong Kong Limited, 23/F, One Kowloon, 1 Wang Yuen Street, Kowloon Bay, Kowloon, Hong Kong in a written form specified by us. The Company shall, without charge to you, ensure that you are not included in future direct marketing activities.
Access and correction of personal data: Under the PDPO, you have the right to ascertain whether the Company holds your personal data, to obtain a copy of the data, and to correct any data that is inaccurate. You may also request the Company to inform you of the type of personal data held by it.
|Requests for access and correction or for information regarding policies and practices and kinds of data held by the Company should be addressed in writing to:|
| Data Protection Officer|
| AXA General Insurance Hong Kong Limited|
| 23/F, One Kowloon, 1 Wang Yuen Street|
| Kowloon Bay, Kowloon, Hong Kong|
A reasonable fee may be charged to offset the Company's administrative and actual costs incurred in complying with your data access requests.
6. AVAILABILITY OF PRODUCTS
The products and services described herein are available only in the stipulated territories and to eligible persons. Eligibility criteria are set out in the relevant product policies and/or service agreements. All transactions are quoted in and payable in the relevant currency. Price and information are subject to change without notice.
Subject to the terms of the applicable insurance policy, any claim or dispute arising out of or in connection with the use of this website, its contents or materials shall be referred to and finally resolved by arbitration in the local territory in which AXA is located, in accordance with the arbitration rules of such local arbitration centre for the time being in force which rules are deemed to be incorporated by reference to this clause. Subject to the terms of the applicable insurance policy, any claim or dispute aforementioned shall be governed by and construed in accordance with the applicable local laws.