| Before registering for the Service,
please carefully read the Terms and Conditions, the
Privacy Statement and the Disclaimer, which constitute an
Agreement between you and the Government of the Hong Kong
as represented by the Postmaster General ("HKP").
When you click "accept" at the end of this page, you
acknowledge that you have read and fully understood this
Agreement and agree to observe and be bound by the same. |
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| 1. |
REGISTER FOR THE SERVICE |
| 1.1 |
On registering the Service, you become an owner
of your My Speedpost ("Account") and you
represent, undertake and warrant that:- |
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| (a) |
you are a Speedpost account
customer; |
| (b) |
you have submitted true, accurate
and up to date Personal Information to HKP; |
| (c) |
you have submitted your own
Personal Information and not that of any other person
to HKP; |
| (d) |
if there is any change in your
Personal Information, you will notify HKP of such
change by updating your Personal Information online
via the Account or by writing to HKP; |
| (e) |
you shall take full responsibility
for any actions undertaken at your account. |
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| 1.2 |
Suspension and Termination of Your Account |
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HKP may at its absolute discretion suspend or
terminate your Account without prior notice in any of the
following circumstances: |
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| (a) |
Any of your Personal Information is
untrue, inaccurate, incomplete or not up to date (or
HKP has reasonable grounds to suspect that this is
the case); or |
| (b) |
Your Account has not been accessed
for 12 months; or |
| (c) |
In the opinion of HKP, you have
used the Service improperly or unreasonably. |
|
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| 2. |
YOUR RESPONSIBILITIES FOR SECURITY |
| 2.1 |
To ensure that only you are able to access and
give instructions to HKP relating to your Account, you
will adopt, and at all times maintain, the security
procedures prescribed by HKP from time to time including
without limitation those set out in Clause 2.3. |
| 2.2 |
To enable you to use the Service, you will select
a user ID and password. You shall be fully
responsible for maintaining the confidentiality and
security of your user ID and password, and you shall be
fully responsible for the security of your Account and
all activities that occur in your Account. You
shall immediately notify Speedpost by email to
hkpo@hkpo.gov.hk of any unauthorized use of your user ID
and password. |
| 2.3 |
Password Security Procedures |
| 2.3.1 |
You will change your password regularly and
whenever HKP requires you to do so. You shall not
choose a password you have used before; |
| 2.3.2 |
Whenever you choose a password, you shall not
choose a number which may be easily guessed by other
people; |
| 2.3.3 |
you shall take all steps to safeguard your
Password at all times. You shall not disclose your
Password to any other person or permit any other person
to gain access to the Service. You shall not
disclose your Password to anyone who claims to represent
HKP or holds out as the authorized person of HKP in any
circumstance; |
| 2.3.4 |
You shall not record your Password in a way which
is recognizable by someone else as a security code; |
| 2.3.5 |
If you discover or suspect any unauthorized
disclosure or use of your Password, you shall immediately
notify HKP by email to hkpo@hkpo.gov.hk. |
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| Other security safeguards |
| 2.4 |
You shall not leave your System unattended while
using your Account. You shall promptly log out from
your Account once you have finished using your Account. |
| 2.5 |
You shall not access your Account from any device
connected to a local area network (or LAN), such as an
office environment, without first making sure that no one
else is able to observe or obtain access to your Account
pretending to be you. |
| 2.6 |
You shall not use or attempt to use your Account
for any purpose other than those which are permitted by
HKP. |
| 2.7 |
You shall not, nor shall you attempt to, tamper
with, modify, decompile, disassemble, reverse engineer,
damage, alter or gain unauthorized access to any part of
the Service or this Website or any software comprised in
them. You shall notify HKP as soon as practicable
if you become aware of any such actions. |
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| 3. |
AUTHORITY TO CARRY OUT INSTRUCTIONS |
| 3.1 |
You agree that the use of your Password is
adequate identification of you. HKP is entitled to
act on instructions given through your Account without
obtaining further confirmation from you. You
undertake that you shall not hold HKP liable even if it
turns out that those instructions are not given or
authorised by you. |
| 3.2 |
You will not be held responsible for any
instructions that are not authorised by you if such
instructions are given after you have notified HKP in
writing of your discovery or suspicion of unauthorized
disclosure or use of your Password in accordance with
section 2.3.5 above. |
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| 4. |
THE SERVICE AND YOUR SYSTEM |
| 4.1 |
You shall at your own costs and expenses ensure
that your Computer System is compatible with the Service
of HKP. HKP will not be liable for any liability,
loss, cost and expense that you suffer or incur as a
result of any incompatibility between your Computer
System and the Service. |
| 4.2 |
You acknowledge and agree that you will use the
Service at your own risk. HKP will not be
responsible for any problem or malfunction of any
computer system which uses or has used the
Services. HKP shall not be responsible in any way
for any damage or loss due to any materials or software
which are available through the Service. |
| 4.3 |
You declare that you are the owner or authorised
user of your Computer System every time you access or use
the Service. |
| 4.4 |
You agree to use the Service (whether or not it
contains the materials owned by HKP or provided by
others) legally and will not infringe on its intellectual
property rights in Hong Kong or any other jurisdictions
where you access or use the Service. |
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| 5. |
THIS WEBSITE AND THE SERVICE |
| 5.1 |
This Website and the Website Materials are
provided on "as-is" and "with all faults" bases.
HKP makes no statements, representations or warranties
(whether express or implied) of any kind in relation to
this Website, the Service, the Website Materials and the
information available through this Website, including any
statements, representations and warranties in respect of
the accuracy, completeness, timeliness, merchantability,
security, non-infringement of the Intellectual Property
Rights of any person and fitness for a particular purpose
of this Website, the Service, the Website Materials and
the information available through this Website. |
| 5.2 |
You acknowledge that the Internet is an
inherently unreliable medium of communication and such
unreliability is beyond the control of HKP. HKP
does not make any statements, representations or
warranties (whether express or implies) as to the results
or as to the accuracy or reliability of information
obtained through this Website or the Service or as to any
defects in the Service Software will be corrected. |
| 5.3 |
HKP will not in any circumstances or in any way
be liable for any loss or damage whatsoever (including
consequential, indirect, incidental and special
loss/damage) arising out of or in connection with the use
of or inability to use the Service. |
| 5.4 |
This Website contains information provided by
others over whom, and in respect of which, HKP may have
no control or influence. You may link from this
Website to any websites provided by others. HKP
expressly states that it has not approved or endorsed the
information provided by others on this Website or any
other sites linked to this Website and HKP accepts no
responsibility or liability (howsoever caused) for such
information. |
| 5.5 |
HKP will not be liable for any loss and damage
that you may suffer if the Service is in error,
malfunctioning, inoperative, delayed or unavailable due
to (but not limited to) any connection failure or
computer downtime attributable to housekeeping,
malfunctioning, Viruses, unauthorized access by any
person (including hacker), upgrade or preventive or
remedial maintenance activities or any events beyond the
control of HKP. |
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| 6. |
OPERATING TIMES, CHANGES AND DISRUPTIONS |
| 6.1 |
The Service will usually be 24-hours available
for use or at other times notified to you. You
accept, however, that routine maintenance requirements,
excess demand on the systems and some other circumstances
may render the Service unavailable and HKP may suspend
the Service at any time. |
| 6.2 |
In connection with the Service, HKP may at its
absolute discretion at any time without prior notice to:- |
| 6.2.1 |
change the content or mode of the Service; or |
| 6.2.2 |
add to, remove or otherwise change, end or
suspend any of the functions or facilities available in
the Service; or |
| 6.2.3 |
terminate the Service. |
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| 7. |
COMPLIANCE WITH LAWS |
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You shall comply with all laws, statutes and
regulations whether of Hong Kong or elsewhere which apply
to your use of the Service or this Website and/or any
transactions conducted on or via this Website including
sending of any request for any service available under
the Service. |
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| 8. |
MODIFICATION |
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HKP is entitled to revise this Agreement at its
absolute discretion at any time and from time to time by
posting the amended this Agreement. The amended
Agreement will be effective immediately upon its on this
Website. If you continue to use the Service after
such amended Agreement, you agree or will be deemed to
agree to be bound by the amended Agreement. In this
regard, you are strongly advised to read this Agreement
carefully each time before you use the Service. |
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| 9. |
LIMITATION OF LIABILITY |
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Use of the Service and anything in this Website
is at your own risk. HKP will in no event be liable
for any direct, indirect, consequential, incidental or
other loss or damage for any errors in or use of or
inability to use the Service including without
limitation, any lost profit, business, data, or any
damage to computer systems or facilities. |
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| 10. |
PERSONAL DATA |
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You agree that any of your personal data
collected by HKP through your use of this Website or the
Service at any time and from time to time may be used for
such purposes and disclosed to such persons in accordance
with HKP's personal data collection and privacy policies
set out in the Privacy Policy Statement published under
this Website by HKP which may be modified from time to
time. A copy of the current Privacy Policy
Statement of this Website can be accessed by clicking
here.
|
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| 11. |
INDEMNITY |
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You shall indemnify HKP and keep HKP fully and
effectively indemnified from and against all and any
liabilities, losses, damage, costs, charges, expenses
(including legal fees), demands, claims, proceedings and
actions which HKP may sustain or incur or which may be
brought or established against HKP by any person, and
which in any case directly or indirectly arises out of or
in connection with, any of the following:- |
| |
| (a) |
your negligence, recklessness or
willful misconduct; |
| (b) |
your breach or non-performance or
non-observance of any provisions of this Agreement; |
| (c) |
your unauthorized act or omission;
or |
| (d) |
any infringement of intellectual
property rights by you or your authorised agent. |
|
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This Clause 11 shall survive the termination of
the Service and shall continue in full force and effect
notwithstanding such termination. |
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| 12. |
INTELLECTUAL PROPERTY RIGHT |
| 12.1 |
Copyright Statement |
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You acknowledge and agree that the copyright in
the Website Materials (except the information provided by
others as mentioned in clause 5.4 above), including but
not limited to all text, graphics, drawings, diagrams,
photographs and compilation of data or other materials,
is and shall remain at all times the property of HKP. |
| 12.2 |
Restriction of use of Hongkong Post's
trade and service marks |
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You acknowledge that HKP's names and logos
including "Hongkong Post" and "Speedpost" are registered
trade marks,of Hongkong Post and you agree not to use
such names and logos in any circumstances. |
| 12.3 |
Right to Download and Copy the Website
Materials |
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You may download and copy the Website Materials
only for the purpose of making enquiries about the
Account, updating personal particulars relating to the
Account or utilizing My Speedpost Service
where appropriate. For the Website Materials
provided by others as mentioned in clause 5.4 above, you
agree not to download or copy such Website materials
unless prior written consent of the relevant third
parties has been sought. |
| 12.4 |
Reservation of Rights |
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All rights not expressly granted under the Terms
and Conditions herein in respect of the Website Materials
are reserved by HKP. For enquiries or requests for
HKP's prior written consent for use of Website Materials
of HKP, please email to hkpo@hkpo.gov.hk. |
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| 13. |
ENTIRE AGREEMENT |
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This Agreement constitutes the whole agreement
between HKP and you and supersedes any previous
agreements, arrangements or understandings between them
relating to the subject matter hereof. Each of the
parties hereto acknowledges and agrees that it is not
relying on any statements, undertakings, warranties,
representations given or made by any of them relating to
the subject matter hereof, save for those statements,
undertakings, warranties or representations expressly set
out in this Agreement. |
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| 14. |
WAIVER AND SEVERABILITY |
| 14.1 |
No failure of any party hereto to exercise, and
no delay in exercising, any right or remedy in respect of
any provision of this Agreement shall operate as a waiver
of such right or remedy. |
| 14.2 |
If any provision of this Agreement shall be found
to be illegal, invalid or unenforceable (whether in whole
or in part) under any laws of any competent jurisdiction,
such illegality, invalidity or unenforceability shall not
affect the remaining provisions of this Agreement, all of
which shall remain in full force and effect. |
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| 15. |
GOVERNING LAW AND JURISDICTION |
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This Agreement shall be governed by and construed
in accordance with the laws of Hong Kong. The
parties hereto irrevocably agree that the courts of Hong
Kong will have exclusive jurisdiction to determine any
claim or matter arising under or in connection with the
interpretation or implementation of this Agreement or the
exercise of any rights or the performance of any
obligations arising under this Agreement. |
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| 16. |
GOVERNING VERSION |
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In case of any conflict or inconsistency arising
between the English version and the Chinese translation
of this Agreement, the English version shall prevail. |
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| 17. |
DEFINITIONS |
| 17.1 |
Unless the context requires otherwise, the
following terms will have the following meanings
respectively. |
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"Account" means the online account opened
and maintained by HKP in your name for using the
My Speedpost Service in accordance with this
Agreement. |
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"Agreement" means this Agreement
(including the Terms and Conditions, the Privacy Policy
Statement and the Disclaimer incorporated by reference)
as amended, varied or supplemented from time to time in
accordance with Clause 8. |
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"Cookies" means small text files used to
identify your computer and to store information about
your use of this Website. |
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"Hong Kong" means the Hong Kong Special
Administrative Region of the People's Republic of China. |
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"Intellectual Property Rights" means
patents, trade marks, service marks, trade names, design
rights, copyright, domain name, database rights, rights
in know-how and other intellectual property rights (of
whatever nature and whosesoever arising, and whether now
known or which may arise in future) in each case whether
registered or unregistered and including applications for
the grant of such rights. |
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"Your Password" means the personal
password of you for gaining access to the Speedpost
Online Account Service. |
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"Person" means any person (including any
body of persons, corporate or unincorporated). |
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"Personal Data" has the meaning attributed
to that term under the Personal Data (Privacy) Ordinance
(Cap. 486 of the Laws of Hong Kong). |
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"Personal Information" means the personal
information that a person is required to submit to HKP
for or upon service registration, and where appropriate,
means such personal information as updated by the Account
owner pursuant to Clause 1.1 (c) |
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"Related Persons" means all and any
officers, employees, agents, sub-contractors and
suppliers of HKP. |
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"Service" means My Speedpost
Service provided under this Website. |
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"Service Software" means any software
supplied to you whenever you access the My Speedpost
Account Service and any other software supplied to you
for the purpose of accessing the My Speedpost
Service from time to time. |
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"Viruses" means all and any computer virus
or similar device or software including without
limitation, devices commonly known as software bombs,
Trojan horses and worms. |
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"Website" means the website operated and
administrated by HKP from the URL https://www.hongkongpost.hk/en/sending_mail/international/speedpost/index.html |
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"Website Materials" means all items,
things and materials posted on this Website including
without limitation, all items, things and materials
relating to Speedpost which are posted on this Website. |
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"Your Computer System" means all hardware
and software system used by you in gaining access to the
My Speedpost Service (including without
limitation, any computer, modem and any program installed
herein). |
| 17.2 |
In this Agreement, unless the context otherwise
requires:- |
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| (a) |
words importing the singular shall
include the plural and vice versa; |
| (b) |
words importing any particular
gender shall include all other genders; and |
| (c) |
words importing the whole shall be
treated as including a reference to any part of the
whole. |
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| 17.3 |
Any reference in this Agreement to any statute,
code, ordinance, regulation, rule or treaty shall be
construed as referring to that statute, code, ordinance,
regulation, rule or treaty as it may from time to time be
amended, modified, replaced or re-enacted from time to
time. |
| 17.4 |
References in this Agreement to clauses and
schedules (if any) are to clauses and schedules (if any)
to this Agreement except otherwise expressly stated. |
| 17.5 |
Headings are used in this Agreement for
convenience of reference only and shall not in any way
vary, limit or extend the interpretation of this
Agreement. |
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| COPYRIGHT © HKP 2007. ALL
RIGHTS RESERVED. |
