Terms of Use


  1. The following are the terms and conditions (the “Terms”) for the use of the “e-Cheque Collection portal” operated by the Mandatory Provident Fund Schemes Authority (the “MPFA”) of the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”). The MPFA agrees to provide the Services (as defined in Clause 3 below) and you, as the user of the “e-Cheque Collection Portal” (the “User”), agree to use the Services in accordance with these Terms.
  2. Your accessing and using the “e-Cheque Collection Portal” is taken as your agreement to be legally bound by these Terms as may be modified and/or supplemented from time to time by the MPFA in accordance with Clause 37 below. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, PLEASE DO NOT USE THE “E-CHEQUE COLLECTION PORTAL”.

The Services

  1. The “e-Cheque Collection Portal” is a website of an online service delivery platform. A User may use the e-Cheque payment function (as defined in Clause 6 below) and any other services provided therein (collectively, the “Services”) in accordance with these Terms.
  2. Procedures may be provided by the MPFA from time to time for the use of any of the Services as the MPFA sees necessary. Notwithstanding anything provided herein, the MPFA may from time to time add, modify, suspend and/or terminate any Services (including without limitation the e-Cheque payment function) and any procedures for the use of such Services without giving any prior notice to any User.

e-Cheque payment function

  1. “e-Cheque” means a cheque (including a cashier’s order), issued in the form of an electronic record (as such term is defined in the Electronic Transactions Ordinance (Chapter 553 of the Laws of Hong Kong)) with an image of the front and back of the e-Cheque or e-cashier’s order (as the case may be).
  2. “e-Cheque payment function” means the Service which enables a User to make payment in respect of a MPFA payment by means of e-Cheque in accordance with these Terms.
  3. You may submit your request for making MPFA payments by following the steps set out in the “e-Cheque Collection Portal”, provided that the MPFA accepts payment by means of e-Cheque for the payment type concerned.
  4. To use the e-Cheque payment function, please ensure that the payment information has been entered and the e-Cheque uploaded in accordance with the procedures set out in the “e-Cheque Collection Portal”.
  5. By clicking the “Confirm and Submit” button in the “e-Cheque Collection Portal”, you agree that all the information/data submitted by you are true and accurate; and the relevant information/data submitted by you (including but not limited to the payment information and e-Cheque) will be transferred to and/or used by the MPFA, the MPFA’s designated bank and the “e-Cheque Collection Portal” for handling, processing, presenting and/or recording your request for payment made using the e-Cheque payment function.
  6. There may be circumstances where you may not be able to access the “e-Cheque Collection Portal” or use the Services (for example, regularly scheduled maintenance, service upgrades, interruption or technical failures of the “e-Cheque Collection Portal”). The MPFA shall incur no responsibility or liability for any unavailability of the Services or for any loss that is suffered or incurred as a result of any unavailability of the “e-Cheque Collection Portal” or any of the Services.
  7. Your payment is valid only when your e-Cheque is honoured on the first presentation to the MPFA’s designated bank.
  8. The time of receipt by the MPFA of the e-Cheque(s) shall be determined according to the MPFA’s system time and stated in the acknowledgement page of the "e-Cheque Collection Portal" after the entering of payment details and upload of e-Cheque(s), and your clicking the "Confirm and Submit" button on the same platform. Such acknowledgement of receipt is taken to be conclusive evidence of the time of receipt by the MPFA of such e-Cheque(s).

The Privacy Policy

  1. The MPFA is concerned to ensure that all personal data submitted through and/or stored in the “e-Cheque Collection Portal” are handled in strict adherence to the relevant provisions of the Personal Data (Privacy) Ordinance (Chapter 486 of the Laws of Hong Kong) (the “PD(P)O”) (see http://www.pcpd.org.hk).
Personal Information Collection Statement

  1. Information (including any personal data) submitted through and/or stored in the “e-Cheque Collection Portal” will be used for:
    • (a) the provision of the Services including but not limited to the handling, processing, presenting and/or recording of your payment request and e-Cheque submitted via the “e-Cheque Collection Portal”; and
    • (b) any other legitimate purposes as may be required, authorised or permitted by law.
    Failure to provide the required information may result in the MPFA being unable to process your e-Cheque payment or cause delay in the processing of your e-Cheque payment.
Access and correction of personal data

  1. You may request access to or correction of your personal data submitted through and/or stored in the “e-Cheque Collection Portal” in writing addressed to the Personal Data Privacy Officer, Mandatory Provident Fund Schemes Authority, Level 8, Tower 1, Kowloon Commerce Centre, 51 Kwai Cheong Road, Kwai Chung, Hong Kong. All data access requests should be made using the Data Access Request Form (No. OPS003), which may be downloaded from the website of the Office of the Privacy Commissioner for Personal Data.
Sharing of personal data

  1. Information (including any personal data) submitted through and/or stored in the “e-Cheque Collection Portal” will be transferred to or used by the MPFA and third party organisations which assist in handling, processing, presenting and/or recording your e-Cheque payment, including the MPFA’s designated bank, for the purposes set out in Clause 14 above.
  2. You hereby give consent to the MPFA for the transfer or use of your information (including your personal data) submitted through and/or stored in the “e-Cheque Collection Portal” for the purposes set out in Clause 14 above.
Cookies

  1. A cookie is a small amount of data created in a computer when a person visits a website through the computer. It often includes an anonymous unique identifier. A cookie can be used to identify a computer, or to temporarily store non-personal information required by an online service. It is not used by the “e-Cheque Collection Portal” to collect any personal information. It does not have the function of identifying an individual User.
  2. Cookies are used by the “e-Cheque Collection Portal”. No personal information is contained in the cookies generated by the “e-Cheque Collection Portal”. If you configure your browser to reject cookies, you will not be able to use the Services.
JavaScript

  1. The “e-Cheque Collection Portal” requires JavaScript to function properly. If you disable JavaScript on your computer, you will not be able to use the Services.

Disclaimer

  1. Your use of the Services is at your sole risk. The Services and the information, contents and other materials contained in the “e-Cheque Collection Portal” are provided to you on an “AS IS” basis without any express or implied warranty or representation of any kind. In particular, the MPFA does not make any express or implied warranty or representation as to the accuracy, completeness, fitness for a particular purpose, non-infringement, reliability, security or timeliness of such Services, information, contents and materials. The MPFA will not be liable for any errors in, omissions from, or misstatements or misrepresentations (whether express or implied) concerning any such Services, information, contents and materials, and will not have or accept any liability, obligation or responsibility whatsoever for any loss, destruction or damage (including without limitation consequential loss, destruction or damage) however arising from or in respect of any use or misuse of or reliance on, inability to use or the unavailability of such Services, information, contents and materials.
  2. The MPFA does not warrant or represent that the “e-Cheque Collection Portal” or any information or any electronic data or information transmitted to you through the “e-Cheque Collection Portal” is free of computer viruses. The MPFA shall not be liable for any loss, destruction or damage arising out of or in relation to any transmission from Users to the MPFA or vice versa over the internet.
  3. The MPFA will not have or accept any liability, obligation or responsibility whatsoever for any loss, destruction or damage (including without limitation consequential loss, destruction or damage) however arising from or in respect of any use or misuse of or reliance on the Services or system downtime of the “e-Cheque Collection Portal”.
  4. The “e-Cheque Collection Portal” may contain materials contributed by third parties. To facilitate access to information provided by or via third parties, the “e-Cheque Collection Portal” may provide or assist in providing links (both surface links and deep links) to external websites through its webpages. The MPFA has not approved or endorsed the materials contributed by third parties on the “e-Cheque Collection Portal” or any external websites linked to the “e-Cheque Collection Portal”. The provision of any such materials or links to external websites shall not constitute any form of co-operation or affiliation with the MPFA of any such third parties or external websites. Provision of, or assistance in providing, materials contributed by third parties on the “e-Cheque Collection Portal” or links to external websites gives rise to no statement, representation or warranty, express or implied, that the MPFA agrees or does not disagree with the contents of any such materials or external websites and the MPFA will not have or accept any liability, obligation or responsibility whatsoever for any loss, destruction or damage (including without limitation consequential loss, destruction or damage) however arising from or in respect of any use or misuse of or reliance on the contents of any such materials or external websites delivered on or via the “e-Cheque Collection Portal” or inability to use any of them.
  5. Without limiting the generality of the foregoing, nothing on or provided via the “e-Cheque Collection Portal” shall constitute, give rise to or otherwise imply any endorsement, approval or recommendation on the MPFA's part of any third party, be it a provider of goods or services or otherwise.
  6. The MPFA is not responsible for any loss or damage whatsoever arising out of or in relation to any information on the “e-Cheque Collection Portal”. The MPFA reserves the right to omit, suspend or edit all information compiled by the MPFA on the “e-Cheque Collection Portal” at any time at its sole discretion without giving any reason or prior notice. You are responsible for making your own assessment of all information contained on the “e-Cheque Collection Portal” and shall verify such information by making reference, for example, to original publications and obtaining independent advice before acting upon it.
  7. You shall ensure that all the information/data submitted by you is complete, accurate and up-to-date. Where the information/data provided by you is incomplete, inaccurate or not up-to-date, the MPFA may not be able to process the e-Cheque payment and shall have the right to refuse to process it without any liability to or responsibility for any loss, damage or delay.
  8. The MPFA does not give any warranty in relation to the use of the “e-Cheque Collection Portal” and/or any third party websites linked to the “e-Cheque Collection Portal”, and does not warrant against any possible interference or damage to your computer system arising from or in connection with the use of the “e-Cheque Collection Portal” or the Services. The MPFA makes no representations or warranties regarding the accuracy, functionality or performance of any third party software that may be used in connection with the “e-Cheque Collection Portal”. The MPFA makes no warranties that the “e-Cheque Collection Portal” is free of infection by computer viruses.

Security

  1. You must refer to the information security best practices as stipulated in the “InfoSec website” of the Government (http://www.infosec.gov.hk) to keep your information, software and equipment secured from misuse by third parties. We do not confirm or guarantee that the “e-Cheque Collection Portal” is free of virus or other destructive features which may adversely affect your hardware, software or equipment. At the same time, you must also confirm and guarantee the file(s) uploaded is/are valid e-Cheque(s) only, which should be virus free, malware free, and should not be any other files.

Copyright

Scope of Copyright Ownership

  1. Unless otherwise indicated, the contents found on the “e-Cheque Collection Portal” are subject to copyright owned by or licensed to the MPFA.
Non-text contents on the “e-Cheque Collection Portal”

  1. Prior written consent of the MPFA is required if you intend to reproduce, distribute or otherwise use any non-text contents (including but not limited to photographs, graphics, drawings, diagrams, audio files and video files) found on the “e-Cheque Collection Portal” in any way or for any purpose. Such requests for consent shall be addressed to the MPFA via email at mpfa@mpfa.org.hk.
  2. Where third party copyright i.e. copyright belonging to anyone other than the MPFA is involved in the non-text contents found on the “e-Cheque Collection Portal”, authorisation or permission to reproduce or distribute or otherwise use any such non-text contents must be obtained from the copyright owners concerned.
Text contents on the “e-Cheque Collection Portal”

  1. Prior written consent of the MPFA is required if you intend to reproduce, distribute or otherwise use any copyright protected text contents found on the “e-Cheque Collection Portal” in any way or for any purpose. Such requests shall be addressed to the MPFA via email at mpfa@mpfa.org.hk.
  2. Where third party copyright i.e. copyright belonging to anyone other than the MPFA is involved in the text contents found on the “e-Cheque Collection Portal”, authorisation or permission to reproduce or distribute or otherwise use any such text contents must be obtained from the copyright owners concerned.

Indemnity

  1. You shall indemnify and keep the MPFA indemnified against any actions, proceedings, liabilities, claims, losses, damages, costs and expenses suffered or incurred by the MPFA howsoever directly or indirectly arising from or relating to (a) your e-Cheque(s) or your submission of e-Cheque(s) through the “e-Cheque Collection Portal”; or (b) any breach or non-observance of any of these Terms. This indemnity shall not apply if it is proven that such actions, proceedings, liabilities, claims, losses, damages, costs and expenses are direct and reasonably foreseeable arising directly and solely from negligence or wilful default on the part of the MPFA.

Language

  1. These Terms have been translated into Chinese. If there is any inconsistency or ambiguity between the English version and the Chinese version, the English version shall prevail.

Modifications of the Terms

  1. The MPFA may from time to time vary, modify, delete and/or add any terms or conditions in the Terms at its own discretion without giving any reason or prior notice. Please check the Terms at http://echeque.mpfa.org.hk regularly for any revisions and/or amendments which may be made.

Governing Law

  1. These Terms shall be governed and construed in accordance with the laws of Hong Kong. You agree to submit to the exclusive jurisdiction of the Hong Kong Courts.

These Terms, together with the Points to Note and FAQs relating to e-Cheque Collection Portal, are reproduced (with modifications) from “GovHK (www.gov.hk)” with permission of the HKSAR Government, the copyright owner. Further reproduction of these Terms, Points to Note and FAQs without written permissions of the HKSAR Government and the MPFA is prohibited.


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Last Revision Date: 14/09/2018