Terms & Conditions

Acceptance of Our Terms and Conditions
By accessing the website of the Hong Kong Securities and Investment Institute (HKSI) or any of its webpages, you unconditionally agree to be bound by the Terms and Conditions hereunder and as they may be modified and/or supplemented from time to time by the HKSI without prior notice to you. Please check this webpage regularly for any modifications and/or supplements which may be made.

Part 1: Disclaimer

1. Limitation of Liability

  (i) 

The HKSI will use reasonable endeavors to ensure the accuracy of any information it placed on this Website but the HKSI does not guarantee the accuracy and reliability of the information provided on this Website.

  (ii)

The information provided on this Website is for general information only and is provided on an "AS IS" and “AS AVAILABLE” basis without any express or implied warranty of any kind and may be changed at any time without any prior notice.

  (iii)  In no event shall the HKSI be liable for any errors, omissions, misstatements or misrepresentations (whether express or implied) concerning any such information. The HKSI shall neither have nor accept any liability, obligation or responsibility whatsoever (whether in tort, contract or otherwise) for any party’s any loss, destruction or damage (including without limitation to any incidental or consequential loss, destruction or damage) howsoever resulting from use, misuse or inability to use of any information provided on or through this Website or arising from any errors, omissions, misstatements or misrepresentations (whether express or implied) concerning any such information or arising from any decision, action or inaction based on or in reliance on any such information.


2. Third Party Content

  (i)

This Website may contain contents contributed by any parties other than the HKSI (Third Parties). To facilitate access to information provided by or via Third Parties, the HKSI may provide or assist in providing links to external websites or resources for you to access at your sole discretion. The HKSI states that it has not approved or endorsed the contents contributed by Third Parties on this Website or any external websites linked to it.

  (ii)

The provision of any such contents or links to external websites shall not constitute any form of co-operation or affiliation with the HKSI of any such Third Parties or external websites.

  (iii) 

By accessing the HKSI’s website or any of its webpages, you unconditionally agree to be bound by the Hyperlink Policy of the HKSI and you acknowledge and agree that, as you have chosen to enter any of the linked external websites, the HKSI shall not be responsible to you and/or any party, directly or indirectly, for (including without limitation to) :

    (a)

the privacy practices of such external websites;

    (b)

the availability of such external websites or resources, and any contents, advertisings, products, materials, goods, services or otherwise on or available from such websites or resources; and

    (c) 

any loss, destruction or damage (including without limitation to accidental or consequential loss, destruction or damage) caused or alleged to be caused by or in connection with use of or in reliance on any such contents, advertisings, products, materials, goods, services or otherwise available on or through any such websites or resources.

           
Part 2: HKSI Hyperlink Policy

The HKSI reserves the right to revise the terms and conditions set out below without prior notice.

1. Hyperlinks to HKSI's website

The HKSI welcomes the creation of hyperlinks to its website and will be pleased to know your website address if you wish to have it linked to the HKSI's website. Unless otherwise approved by the HKSI, all links to the HKSI's website shall be connected to the front page of the HKSI's website. Thus, only the name, “Hong Kong Securities and Investment Institute”, and website address of the HKSI, http://www.HKSI.org, shall be displayed.

If you wish to link an external website to a specific page of the HKSI's website, you must first obtain the prior written approval of the HKSI which may be given subject to conditions. The HKSI will assess each request on a case-by-case basis. The HKSI has the sole discretion to determine the way in which the hyperlink is to be structured and how the name of the specific page of the HKSI's website and logo of the HKSI should be displayed. Nothing on the HKSI’s website should be construed as granting any licence or right to use any intellectual properties displayed on the HKSI’s website.

The HKSI is not obliged to establish a reciprocal link to your website following the establishment of a hyperlink from your website to the HKSI's website unless the HKSI consents to do so.

The HKSI is not responsible for the setup of any hyperlink from a third party website to that of the HKSI, hence any hyperlinks to the HKSI's website shall not constitute or be construed as any form of co-operation with the HKSI or endorsement by the HKSI of such third party website. The HKSI is not liable for any losses or damages incurred or suffered by you or any third party arising out of, in connection with or as a result of any such links.

The HKSI may at its absolute discretion give, refuse or rescind any approval granted and require the removal of any link to the HKSI’s website at any time.

2. Hyperlinks from the HKSI's Website

Some pages of the HKSI's website may contain hyperlinks to third party websites or web pages. Use of these hyperlinks to any external website or web page is at your own risk. The HKSI is not responsible for the contents of or any of the information on or any broken link to any websites or web pages linked with the HKSI's website.

The inclusion of any link does not imply endorsement by the HKSI of the linked websites and the HKSI is not liable for any losses or damages incurred or suffered by you or any third party arising out of, in connection with or as a result of any access to or interaction with any other websites via the HKSI's website.

The HKSI reserves the right to seek all remedies available at law for breaches of any of the above terms and conditions.

IMPORTANT:
By accessing the HKSI’s website and any of its pages you are agreeing to the terms and conditions set out above.

When you leave the HKSI’s website, you will be subject to the terms and conditions and privacy policies of the websites you are visiting.

Part 3: HKSI Privacy Policy

The HKSI agrees to comply with The Personal Data (Privacy) Ordinance of the Hong Kong Special Administrative Region, and provide full protection and keep in strict confidence to any personal information received by the HKSI.

1. Data Collection

  (i)  The Institute would collect and keep your personal information in the following conditions:

    (a) When you register as a "HKSI member;

    (b) When you participate in any examinations, trainings, events, or surveys in the Institute; and

    (c)  When you express any opinions.

  (ii) The HKSI does not sell, trade or disclose any information you provided to any third party without your prior written consent. However, our staff reserves the right to access your personal information for administrative purposes.

  (iii) To the extent necessary to meet the law, the HKSI may disclose your personal information without your prior consent to a third party.

  (iv)  The HKSI reserves the right to use the personal information you provided for statistical and data analysis, and the right to use and publish the results thus generated.


2. Security

  (i) Every registered member has his or her private password, and our system allows restricted access with that password only.

  (ii) Access to personal information is only granted by using the authorized password.

  (iii) The HKSI will take all practicable steps to protect all personal data in our system. If you discover any of your personal data being disclosed to a third party, please contact us immediately.

  (iv)  You should not reveal your password to any third parties. You have to log out in order to prevent others from accessing your personal information.

3. Domain Names and IP Addresses

Every time when you log in to the HKSI, our web servers will automatically verify your domain name and IP address, and the HKSI will use these data for statistical and data analysis

4. Intellectual Property

  (i) Except expressly stated otherwise, the copyright of all the contents under the HKSI, including texts, graphics, photos, audios and videos, are owned by the HKSI.

  (ii)  Except expressly stated otherwise, none of the information and materials mentioned above can be copied, modified, reproduced, published, uploaded, transmitted and distributed in any form or by any means, without the prior permission of the HKSI. If you discover that other individuals or organizations have infringed the copyright of the HKSI, please contact us immediately.

All enquiries regarding the personal data should be in writing to:
Director - Finance and Operations Department
Hong Kong Securities and Investment Institute
Room 2404-09, 24/F,
Wing On Centre,
111 Connaught Road Central,
Hong Kong.

Part 4: Terms and Conditions of
Online Registration / Enrolment Application Service
and Online Payment Service

The following specifies the terms and conditions on which the HKSI offers you access to their online services, namely,

  (i)  online registration / enrolment application service (hereinafter called the "Application Service") for

    (1) examinations held by the HKSI (hereinafter called "HKSI Exams"),

    (2) events or functions held by the HKSI (hereinafter called "HKSI Events") and

    (3)  courses organised by the HKSI (hereinafter called "HKSI Courses"); and

  (ii)  online payment service (hereinafter called the "Payment Service") (the Application Service and the Payment Service hereinafter collectively called the "Service", which shall mean both the Application Service and the Payment Service or (as the case may be) either one of them)


at http://www.hksi.org or such other location as the HKSI may from time to time determine (hereinafter called the "Website"). Please read the following terms and conditions carefully before using the Service.

1. Acceptance of Terms and conditions

  (i) Use of the Service shall constitute your acceptance of these terms and conditions. If you do not accept any of these terms and conditions, do not access the Service.

  (ii)  The HKSI may revise these terms and conditions from time to time with or without notice to you. The revised terms and conditions shall take effect immediately when they are posted on the official website of the HKSI. You are responsible for reviewing regularly information posted onlineto obtain timely notice of such changes. Your use of the Service following the posting of any changes to these terms and conditions shall constitute your acceptance of those changes. If you do not accept any of those changes, do not access the Service.

2. Payment Service

  (i) Payment Service is provided by the HKSI through the Website to facilitate your payment to the HKSI in relation to the Application Service available on the Website.

  (ii) Payment using the Payment Service shall be made by credit card (Visa / MasterCard / Amex) or PPS (if applicable) or any other method(s) specified by the HKSI from time to time.

  (iii)

By submitting your particulars under the Payment Service, you acknowledge and agree that: -

    (a) you have the right to operate the account, whether it is a credit card account, PPS account (if applicable), or any other account from or through which payment is made to the HKSI, keyed into the Website by you (hereinafter called the "Account");

    (b) all particulars given under the Payment Service are accurate and complete;


    (c) the HKSI shall be irrevocably authorised to debit the Account (if it is a credit card account) or your bank account through the Account (if it is a PPS account) the sum shown to or selected by or keyed into by you under the Payment Service; and

    (d)  you shall be bound by these terms and conditions.

  (iv)  The Payment Service will generate a Payment Reference Number for every successful payment transaction. If, for whatever reason (including, without limitation, a failure either of the Payment Service or of your own computer system or because of your decision to go to another site on the Internet or to close the browser), a Payment Reference Number is not presented to you on the Website within a reasonable period of time after you have duly submitted all the necessary particulars, you should contact the HKSI to confirm whether or not the payment was successfully completed


3. Provision of Service 

  (i)  You understand and agree that the Service shall be provided "AS IS" and "AS AVAILABLE" and accordingly,

    (a) any warranties of any kind in relation to the Service, either express or implied, shall be excluded to the fullest extent permissible pursuant to applicable law including (but not limited to) warranties of title, merchantability, satisfactory quality, fitness for a particular purpose and non -infringement of proprietary or third party rights;

    (b) the HKSI shall accept no responsibility for functions provided with the Service and shall make no warranties that the Service will operate uninterrupted or error-free or that defects will be corrected or that the quality of the Service will meet your expectations;

    (c) the HKSI shall not warrant that the Service is compatible with your computer equipment or that the Service or its server is free of errors or viruses, worms or "Trojan horses" and the HKSI shall not be liable for any damage you may suffer as a result of such destructive features;

    (d) the HKSI shall assume no responsibility for the timeliness, deletion, disruption, defect, misdelivery or failure of the provision of the Service;

    (e) despite the fact that the HKSI has used reasonable endeavours to ensure the accuracy of the information accessed during your use of the Service, the HKSI shall not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information accessed during your use of the Service; and

    (f)  despite the fact that the HKSI has used reasonable endeavours to ensure the integrity of the security of the Service, you acknowledge  that the HKSI shall not be liable for any loss suffered by you as a result of any breaches in security.

  (ii) You warrant that you have not relied on any warranty or representation made by the HKSI which is not expressly stated in these terms and conditions.

  (iii) You understand that the technical processing and transmission in connection with the Service may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. The HKSI shall in no circumstances be liable for any failure of the Service in whole or in part or for your inability to gain access in whole or in part to the Service due to the delay or failure of any communication networks or any party providing such access.

  (iv) The HKSI shall be entitled to modify or discontinue, temporarily or permanently, the Service with or without notice at any time at the sole discretion of the HKSI. Your use of the Service following the posting of any modification shall constitute your acceptance of the modification. You further accept that such modification may result in your being unable to access the Service. The HKSI shall not be liab or provide warranty to you for any modification, suspension or discontinuance of the Service.

  (v)  You acknowledge that your use of the Service shall be at your own risk. The HKSI shall have no liability for any damage, loss, expense or detriment caused, whether directly or indirectly, by a defect under the Service or arising in respect of your use of the Service.

4. Intellectual Property Rights

  (i) The Website, including (but not limited to) data, text, content, software, video, music, sound, graphics, illustrations, artwork, photographs, names, logos, trademarks, service marks and other material and any compilation or combination of them (hereinafter called the "Materials") is protected by copyright, trademarks and/or other proprietary rights. The Materials include both materials owned or controlled by the HKSI and materials owned or controlled by third parties and licensed to the HKSI. You agree to abide by all copyright notices or restrictions (if any) contained in the Website.

  (ii)  You acknowledge that you shall acquire no rights or licences in or to the Website and/or the Materials other than the limited right to use the Website in accordance with these terms and conditions and to download on the terms set out herein. Other than as set out herein, you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, adapt, upload to create derivative works from, transmit, or in any other way exploit any part of the Website. You may not offer for sale or sell or distribute over any other medium (including distribution by over-the-air television or radio broadcast or distribution on a computer network) the Materials or any part thereof. You may not make any part of the Website available as part of another website, whether by hyperlink framing on the Internet or otherwise. The Website or any Materials therein may not be used to construct a database of any kind, nor may the Website be stored (in its entirety or in any part) in databases for access by you or any third party. You may not construct any database websites containing all or part of the Website. Download is permitted by the HKSI provided only that: -

    (a) you make no more than one (1) printed copy of such download and no further copies of such printed copy are made;

    (b) you make only personal, non-commercial use of such download and/or printed copy;

    (c)  you retain on such download and/or printed copy all copyright notices and shall remain bound by the terms of such notices.


5. Personal Data

The HKSI shall collect and hold personal data provided by you in your use of the Service in order to enable the processing of your registration / enrolment application. Details of why the HKSI collects, and how the HKSI uses, such data may be found in the HKSI's Privacy Policy regarding Personal Data which is annexed hereto for reference.

6. Indemnity

You undertake to indemnify, defend and hold harmless the HKSI, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees from and against any or all claims, proceedings, damages, losses, injuries, costs and expenses or liabilities arising from:-

  (i) your breach of any of these terms and conditions;

  (ii)  your use of the Service and/or the Website;

  (iii) any deletions, additions, insertions, or alterations to, or any unauthorised use of, the Website by you; or

  (iv)  any misrepresentation or breach of representation or warranty made by you contained herein.

 
7. Limitation of Liability

  (i) You expressly understand and agree that to the extent permitted by law, the HKSI shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, revenue, data, goodwill, resulting from your use of the Service.

  (ii)  The HKSI's liability, if it is so held liable despite these terms and conditions, to you in relation to the Service shall be limited to the fees paid or payable to the HKSI or the direct damages sustained or HK$5,000, whichever is the least.

8. Governing Laws and Settlement of Disputes

These terms and conditions shall be construed in accordance with, and shall be governed by, the laws of the Hong Kong Special Administrative Region of the People's Republic of China (hereinafter called "Hong Kong"). You agree to submit to the non-exclusive jurisdiction of the courts of Hong Kong.

9. Severability

If any one or more of these terms and conditions, or their application in any circumstance, is held invalid, illegal or unenforceable in any respect for any reason, the validity, legality and enforceability of that term or condition in any other respect and the remaining terms and conditions shall not in any way be impaired.