Saturday January 18, 2020
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Terms and Conditions
General Terms and Conditions
Falcon Insurance Company (Hong Kong) Limited
Registered 6/F Alexandra House, 18 Chater Road, Central, Hong Kong
Registration Number - 55894

Terms and conditions governing the use of Falcon Insurance Company (Hong Kong) Limited's website by visitors, customers and registered users (as defined herein)

Definitions
In this document the following words and phrases have the meanings set opposite them unless the context indicates otherwise: Affiliate of Falcon Insurance Company (Hong Kong) Limited shall mean and include:
  1. Any company which is the holding or subsidiary company of Falcon Insurance Company (Hong Kong) Limited or

  2. A person under the control of or under common control with Falcon Insurance Company (Hong Kong) Limited or

  3. Any person, in which Falcon Insurance Company (Hong Kong) Limited has a direct or beneficial interest or control of 26% or more of the voting securities of such person.

For the purpose of this definition of Affiliate, "control" together with grammatical variations when used with respect to any Person, means the power to direct the management and policies of such Person, directly or indirectly, whether through the ownership of the vote carrying securities, by contract or otherwise howsoever; and "Person" means a company, corporation, a partnership, trust or any other entity or organization or other body whatsoever.

Agent means a general insurance agent for Falcon Insurance Company (Hong Kong) Limited who has passed the regulatory requirements for becoming an Agent as prescribed by the Insurance Companies Ordinance (Chapter 41)

Call Center means the call center set up by Falcon Insurance Company (Hong Kong) Limited to assist Customers of Falcon Insurance Company (Hong Kong) Limited with respect to various transactions and to furnish information etc.

Customer means a Policyholder accessing the Web Site for obtaining information on Falcon Insurance Company (Hong Kong) Limitedís general insurance products, including access to all facilities that are or may be provided / offered to the Visitors, Customers and Registered Users from time to time on the Web Site.

Customer Password means the password or other means of authentication as Falcon Insurance Company (Hong Kong) Limited may specify from time to time provided to/required to be provided to the Customer, and using which the Customer may authorize transactions which shall include but shall not be limited to downloadable request for proposal and claim forms for various general insurance products that are offered by Falcon Insurance Company (Hong Kong) Limited, etc. Falcon Insurance Company (Hong Kong) Limited may decide to permit other transactions or to discontinue existing transactions from time to time, further details of which shall be provided on the Web Site.

Falcon Insurance Company (Hong Kong) Limited / We means Falcon Insurance Company (Hong Kong) Limited General Insurance Company Limited, a company incorporated under The Companies Ordinance (Chapter 32) and having its registered office 6/F Alexandra House, 18 Chater Road, Central, Hong Kong.. The term shall include the successors and/or assigns of Falcon Insurance Company (Hong Kong) Limited.

Policy means the various general insurance policies that Falcon Insurance Company (Hong Kong) Limited may introduce from time to time.


Policyholder means a person who purchases a Policy from Falcon Insurance Company (Hong Kong) Limited.

Terms or Terms and Conditions means the terms and conditions for use of the Web Site, as specified herein, by Visitors and Customers.

Transaction Password means the password, or other means of authentication as Falcon Insurance Company (Hong Kong) Limited may specify from time to time, that is provided by Falcon Insurance Company (Hong Kong) Limited to the Customer upon provision of which, the Customer would be able to authorize transactions specified by Falcon Insurance Company (Hong Kong) Limited from time to time, further details of which shall be provided on the Web Site.

Visitor means any person having access to the Web Site for general information about Falcon Insurance Company (Hong Kong) Limited and its products and other facilities offered from time to time on the Web Site.

Web Site means the portal located at the URL www.falconinsurance.com.hk You / Your means the Visitor or Customer, as may be applicable. In this document, all references to the Visitor or Customer in masculine gender shall be deemed to include the feminine gender and singular includes plural and vice versa and the word "includes" should to be construed as "without limitation".

Applicability of Terms
These Terms and Conditions, in so far as they refer to the Visitor and Customer, form the contract and agreement between such Visitor/Customer and Falcon Insurance Company (Hong Kong) Limited unconditionally.

Right To Alter The Services
Falcon Insurance Company (Hong Kong) Limited reserves the right to add, amend, revise suspend or cancel in whole or in part any of the services which are, or may become, part of the Web Site, without any prior notice to the Visitors or Customers. Any addition, suspension, revision, amendment, cancellation or suspension shall be effective and binding on the Visitors and Customers. Falcon Insurance Company (Hong Kong) Limited may introduce new services in relation to the Web Site from time to time. The existence and availability of the new services will be notified on the Web Site as and when they become available and any revisions in the Terms and Conditions will take place in accordance with these Terms and Conditions.

Consulting Services
The availability of the information and guidance as part the Web Site does not constitute a recommendation by Falcon Insurance Company (Hong Kong) Limited, to buy any policies etc. discussed therein by Falcon Insurance Company (Hong Kong) Limited or any of their personnel. Any decisions will be based solely on the Visitor's own evaluation of the policies / products of Falcon Insurance Company (Hong Kong) Limited, and his/her need for the same. While adequate care would be taken to ensure completeness, accuracy etc of the information/services provided, neither Falcon Insurance Company (Hong Kong) Limited nor any of their personnel shall in any circumstance be liable for any loss or damage caused by a Visitor's reliance on information obtained through the Web Site. It is the sole responsibility of the Visitor to evaluate the completeness, accuracy or usefulness of any opinion, guidance or other content made available on the Web Site and the Visitor should consult his/its own legal counsel, business Advisor and tax Advisor as to the legal, business, tax and related matters concerning any policies with respect to which guidance is sought or given
TERMS OF USAGE OF THE SITE WITH REFERENCE TO THE CUSTOMERS
Customer Password and Transaction Password
In the event that Falcon Insurance Company (Hong Kong) Limited has, or may from time to time, introduce or offer certain services on the Web Site which require authentication procedures, the Customer would be able to access such services by using the Customer ID and the Customer Password. By using the Customer ID and the Customer Password the Customer can authorize the transactions. The Customer may be provided a Transaction Password, which would enable the Customer to carry out such transactions as may be specified from time to time. The Customer would not be able to carry out the transactions without the use of the Transaction Password. The terms governing the Customer ID, Customer Password and Transaction Password are as follows
  • Subject to the Terms, Falcon Insurance Company (Hong Kong) Limited shall take reasonable care to ensure the security of and to prevent unauthorized access to the services, which are part of the Web Site using technology reasonably available to Falcon Insurance Company (Hong Kong) Limited.

  • The Customer confirms and agrees that he will be the sole and exclusive owner and is the only authorized user of the Customer ID and the Customer and/or Transaction Passwords and accepts sole responsibility for use, confidentiality and protection of the Customer ID and the Customer and/or Transaction Passwords as well as for all transactions authorized by such password/s and shall ensure that the password/s is/are not revealed to any third party or recorded in any written or electronic form.

  • If the Customer forgets /loses the Customer ID or the Customer /Transaction Password, or is otherwise desirous of a change in the said Passwords can request for change of the password by sending a written request to Falcon Insurance Company (Hong Kong) Limited at the address or notify the indicated telephone number of the Call Centre. On the receipt of such a request Falcon Insurance Company (Hong Kong) Limited shall discontinue the use of the old Customer and/or Transaction Password(s) and shall generate a new password for the Customer, which shall be communicated to the Customer or require the Customer to procure a fresh means of authentication, details of which will be communicated by the Customer to us. However, the Customer shall be responsible and liable for all transactions that are carried out by the use of the Customer ID or the Customer/ Transaction Password, as the case may be, till the time of discontinuation of the old ID or password.

  • Any transaction authorized by using the Customer ID and Customer / Transaction Password is deemed to be that of the Customer and Falcon Insurance Company (Hong Kong) Limited is not responsible for any mistake / error made by the Customer as to the nature of the transaction. If third parties gain access to the services offered through the use of the Customer ID and Customer /Transaction Password, the Customer shall be deemed to be responsible and the Customer hereby indemnifies and holds harmless Falcon Insurance Company (Hong Kong) Limited against any liability, costs or damages arising out of claims or suits by or against such third parties based upon or relating to such access and use. The Customer shall be responsible for providing and maintaining the communications equipment (including personal computers and modems) and telephone or alternative services required at the Customer's end for accessing and using the Web Site or related services, and for all communications service fees and charges incurred by the Customer in accessing the Web Site or related services. It is the Customer's responsibility to ensure that no unauthorized person has access to its computer unattended whilst accessing the Web Site.

  • Falcon Insurance Company (Hong Kong) Limited would be entitled, at its sole discretion, to seek offline written or other confirmation from the Customer of any transaction as it may deem fit.

  • The Customer shall immediately notify Falcon Insurance Company (Hong Kong) Limited in writing, delivered via e-mail and/or Registered AD, or notify through the indicated telephone number of the Call Centre on the Customer becoming aware of any loss, theft or use of the Customer ID and/or Customer /Transaction Password; or any receipt by the Customer of confirmation of any transaction which the Customer did not authorize; or any inaccurate information in the Customer's account balances, securities positions, or transaction history. If the Customer fails to notify Falcon Insurance Company (Hong Kong) Limited immediately upon the Customer's knowledge when any of the above conditions occur, neither Falcon Insurance Company (Hong Kong) Limited nor any of their officers, directors, employees, Advisors, Affiliates or subsidiaries can or will have any responsibility or liability to the Customer or to any other person whose claim may arise through the Customer with respect to any of the circumstances described above. Under no circumstances shall Falcon Insurance Company (Hong Kong) Limited or anyone involved in creating, producing, delivering or managing the services which are part of the Web Site be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the services, or out of any breach of any warranty.

  • In the event that any regulatory body and / or any other legal infrastructure contemplated by the Hong Kong SAR, for ensuring secure electronic records and secure digital signatures is notified by the concerned authorities and the infrastructure to enable the same is in place, Falcon Insurance Company (Hong Kong) Limited would have the right to require the Customers to authorize use, operate or otherwise authorize, the transactions by means of digital signatures or other means of authentication as Falcon Insurance Company (Hong Kong) Limited may require and/or discontinue the usage of the Customer Password and the Transaction Password.

  • Subject to the Terms and Conditions, Falcon Insurance Company (Hong Kong) Limited shall take reasonable care to ensure the security of and to prevent unauthorized access to the services, which are being provided through the Web Site using technology reasonably available to Falcon Insurance Company (Hong Kong) Limited.
Authority to Falcon Insurance Company (Hong Kong) Limited
The Customer irrevocably and unconditionally authorizes Falcon Insurance Company (Hong Kong) Limited to carry out his instructions, effecting such transactions as may be permitted by Falcon Insurance Company (Hong Kong) Limited from time to time, in accordance with these Terms and such other terms as may be specified by Falcon Insurance Company (Hong Kong) Limited. Certain transactions would be effected only after the Customer authorizes it by using the Customer/Transaction Password and Falcon Insurance Company (Hong Kong) Limited shall have no obligation to verify the authenticity of any such duly transaction

Evidence Of Transactions
In respect of any transactions which may be permitted by Falcon Insurance Company (Hong Kong) Limited from time to time, Falcon Insurance Company (Hong Kong) Limited's own records of such transactions, maintained through computer systems or otherwise, shall be accepted as conclusive and binding for all purposes. More particularly, the record of Falcon Insurance Company (Hong Kong) Limited generated by the transaction(s), including the recording of the time of the transaction(s), shall be conclusive proof of the genuineness and accuracy of such transactions.

Legal Disclaimer
The Web Site is maintained by Falcon Insurance Company (Hong Kong) Limited and your use of the Web Site is subject to the Terms and Conditions and all applicable laws in Hong Kong SAR. This Website is offered to you on the condition that you accept the Terms and Conditions contained herein, without modification or reservation of any of the terms, conditions and notices contained herein and by accessing and browsing this Website, you accept, without limitation or qualification, the Terms and Conditions and acknowledge that any other agreement between you and Falcon Insurance Company (Hong Kong) Limited are superseded and of no force or effect. This Web Site may contain links to other websites, web-pages and services also operated by Falcon Insurance Company (Hong Kong) Limited and / or its Affiliates and your use of each affiliate Site is also subject to the Terms and Conditions and other terms and guidelines, if any, contained within each such affiliate Site. In the event that any of the terms, conditions, and notices contained herein conflict with the Terms and Conditions or other terms and guidelines contained within any particular affiliate Site, then the Terms and Conditions and other terms and guidelines for such affiliate Site shall prevail. You hereby agree and confirm that you shall click on the links to, and familiarize yourself with the terms and conditions and other terms and guidelines found throughout this Web site and the affiliate Sites and abide by them if you choose to use the sites, pages or services to which they apply. You should assume that everything you see or read on the Website (including but not limited to directories, guides, news articles, opinions, reviews, text, photographs, images, illustrations, profiles, audio clips, video clips, trademarks, service marks and the like, (collectively "the Content") is copyrighted/ protected by intellectual property laws unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Website without the prior written permission of Falcon Insurance Company (Hong Kong) Limited. Falcon Insurance Company (Hong Kong) Limited neither warrants nor represents that your use of materials displayed on the Website will not infringe patent, copyright or any intellectual property rights or any other rights of third parties not owned by or affiliated with Falcon Insurance Company (Hong Kong) Limited. The disclaimer as set forth herein is in addition to the legal disclaimer as specified in the website www.falconinsurance.com.hk

Terms and Conditions of Use
The Website is deemed to be in use when it is loaded in temporary or permanent memory of your computer.

Restrictions on Use
You agree to use the Web Site strictly for your personal use only. You agree not to use this Web Site for any illegal purpose or in any manner inconsistent with these Terms and Conditions. You agree not to use, transfer, distribute or dispose of any information contained in the Web Site in any manner that could compete with the business of Falcon Insurance Company (Hong Kong) Limited or otherwise compromise or imperil the interests of Falcon Insurance Company (Hong Kong) Limited. You acknowledge that the Web Site has been developed, compiled, prepared, revised, selected and arranged by Falcon Insurance Company (Hong Kong) Limited and others (including certain other information sources) through the application of methods and standards of judgement developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and may also include trade secrets of Falcon Insurance Company (Hong Kong) Limited and such others. You agree to protect the proprietary rights of Falcon Insurance Company (Hong Kong) Limited and all others having rights in the Web Site or its content during and after the term of this agreement and to comply with all reasonable written requests made by Falcon Insurance Company (Hong Kong) Limited or its suppliers of content, equipment or otherwise to protect their and others' contractual, statutory and common law rights in the Web Site. You agree to notify Falcon Insurance Company (Hong Kong) Limited in writing promptly upon becoming aware of any unauthorized access or use of the Web Site by any party or of any claim that the Web Site infringes upon any copyright, trademark or other contractual, statutory or common law rights. You may download and retrieve data from the Web Site on your computer screen, print individual pages on paper, photocopy and store such pages in an electronic form on disk (but not on any server or other storage device connected to a network) for your exclusive personal use only. You further acknowledge that all the intellectual property in the Web Site continues to vest with us.
You shall not:
  • Reverse engineer, decompile, disassemble, copy, reproduce, distribute, modify, transmit, perform, reproduce, publish or create derivative works from or in any way exploit any of the services or content in violation of the Terms and Conditions or the laws of any country.

  • Create a database in electronic or structured manual form by systematically downloading and storing all or any part of the Web Site save and except such information as relates to your Policy, if you are a Customer.

  • Rent, lease, sell, sublicense, or lend your access to the Web Site.

  • Cache or permit caching by any person

  • Do any act that violates our intellectual property in the Website.

  • Engage in any fraudulent, abusive or illegal activity, including but not limited to any communication or solicitation designed or intended to fraudulently obtain the password or any private information of any use.

  • Use the Web Site to violate the security of any computer network, crack pass words or security encryption codes, transfer or store illegal material including threatening or obscene material or engage in any kind of illegal activity.

  • Run mail list or any form of auto-responder, or spam on the Web Site or any processes that are run or are activated while you are not logged on.


Although Falcon Insurance Company (Hong Kong) Limited may, from time to time, monitor or review any facilities, if established or otherwise offered at the Web Site for discussions, chats, postings, transmissions, bulletin boards, and the like on the Website, Falcon Insurance Company (Hong Kong) Limited is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information contained within such locations on the Web Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Falcon Insurance Company (Hong Kong) Limited will fully cooperate with any law enforcement authorities or court order requesting or directing Falcon Insurance Company (Hong Kong) Limited to disclose the identity of anyone posting any such information or materials.

Access restriction
We reserve the right to deny to you, at our sole discretion, access to the Web Site, including any portion thereof, without any prior notice.

Intellectual Property
We grant you the right to access this Web Site in accordance with these terms and conditions, and for no other purpose. Please note that the services and content on the Web Site, including but not limited to text, content, photographs, video, audio and graphics, are either the property of, or used with permission by, Falcon Insurance Company (Hong Kong) Limited and/or by Falcon Insurance Company (Hong Kong) Limited's suppliers and may be protected by applicable copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of Hong Kong SAR and other countries. The trademarks, logos, slogans and service marks (collectively the "Trademarks") displayed on the Web Site, are registered and unregistered Trademarks of Falcon Insurance Company (Hong Kong) Limited and others. Nothing contained on the Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Web Site without the written permission of Falcon Insurance Company (Hong Kong) Limited or such third party that may own the Trademarks displayed on the Web Site. Your misuse of the Trademarks displayed on the Web Site, or any other content on the Web Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Falcon Insurance Company (Hong Kong) Limited will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. We shall be entitled to obtain equitable relief (including all damage, direct, indirect, consequential and exemplary), over and above all other remedies available to us, to protect our interests therein.

Links to third party web sites
This Web Site may contain links to websites operated by parties other than us. These links in this Website will let you leave www.falconinsurance.com.hk. Such links are provided for your convenience only and Falcon Insurance Company (Hong Kong) Limited does not control such websites, and is not responsible for their content. Your use of such websites is also subject to the terms of use and other terms and guidelines, if any, contained within each such website. In the event that any of the terms contained herein conflict with the terms of use or other terms and guidelines contained within any such website, then the terms of use and other terms and guidelines for such website shall prevail. You agree to click on the links to, and familiarize with, the terms of use and other terms found in the sites to which this Web Site has links to, and abide by them.

The linked websites are not under our control and we are not responsible for the contents of any such linked website or any link contained in a linked website, advertisements appearing in or products offered by or any changes or updates to such websites. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the linked w