Save where the context otherwise requires, the following terms shall have the following meanings:-

"The Company" means Federal Insurance Company, a body corporate incorporated under the laws of Indiana, U. S. A.

"You" means the user of this Website.

"This Website" means the website http://www.chubbinsurance.com.hk or http://www.chubb.com/international/hk.

"Terms and Conditions" means the terms, conditions and disclaimers set out below, the Data Privacy Statement, and the Personal Information Collection Policy Statement contained in this Website.

Access to and use of this Website

1. These Terms and Conditions should be read before using the services provided on this Website. You should review and confirm your acceptance or otherwise of the entire Terms and Conditions which govern your access to and use of this Website.
2. These Terms and Conditions may be revised or amended from time to time by the Company in its sole discretion without notice to you and will be effective immediately upon their posting on this Website.
3. You should review the Company's Personal Information Collection Statement and Privacy Policy Statement which form part of the Terms and Conditions.
4. The Company may terminate, change, suspend, discontinue, impose limits on, or restrict your access to, any aspect of this Website, including the services provided through this Website, the availability of any features, or remove, add, modify or otherwise change any content on or from this Website at any time in its sole discretion under any circumstances without notice to you and without any liability of any nature whatsoever to you or any third party.
5. You agree that you will access and utilise this Website solely in connection with business transactions with the Company and in accordance with these Terms and Conditions. You also agree that you will not utilise this Website for any purpose which competes with the Company's business. You shall not reproduce, duplicate, copy, sell, re-sell, rent, or exploit for any commercial purposes, the services (or any part of them) provided through this Website to any other person.
6. Your access to this Website may involve third party fees (such as Internet service provider or airtime charges) and you are solely responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access this Website.
   
   

User's obligations

7. You agree:

7.1 not to damage, disable, overburden or impair this Website in any manner;

7.2 not to interfere with the security of, or otherwise abuse or disrupt, this Website, or any services, system resources, accounts, servers or networks connected to or accessible through this Website;

7.3 not to tamper with the software or other material or information on this Website and not to do anything which may damage or interfere with any system data, material or information on this Website;

7.4 not to disrupt interfere with or debilitate this Website or any other person's use and enjoyment of this Website;

7.5 not to upload, post or otherwise transmit on this Website any software viruses or any other computer code, files or programs that would interrupt, destroy or limit the functionality of this Website and/or the services or networks connected to or accessible through this Website and/or computer software or hardware or telecommunications equipment of the Company;

7.6 not to use any robot, spider or other automatic device, or manual process to monitor or copy the web pages or the content contained in this Website;

7.7 not to use or attempt to use another user's account, service or system without authorisation from the Company, or create or use a false identity on this Website;

7.8 not to collect or store personal data of any person except where such personal data are used in accordance with the Personal Data (Privacy) Ordinance and properly secured;

7.9 not to or attempt to obtain unauthorised access to this Website or portions of this Website which are restricted from general access;

7.10 not to upload, post, email, offer or otherwise transmit any information or data in respect of which you have no right under any law or any relationships (either proprietary, contractual, or fiduciary) to transmit or which is unlawful, illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethically or otherwise objectionable;

7.11 not to create hyper links to or cache this Website without the Company's authorisation;

7.12 not to use or access this Website in any way that would or may violate any applicable law, statue, ordinance, rule or regulation of any jurisdiction;

7.13 not to disobey any requirements, procedures, policies, or regulations of this Website, or any services, system resources, accounts, servers or networks connected to or accessible through this Website;

7.14 not to harm minors in any way;

7.15 not to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

7.16 not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through this Website;

7.17 not to upload, post, email, transmit or otherwise make available any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

7.18 not to upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation;

7.19 not to use this Website to "stalk" or otherwise harass another.

8. The Company shall have the right (but not the obligation) in its sole discretion to monitor or pre-screen any material uploaded to, posted on or otherwise transmitted via this Website and is not responsible for such material. The Company does not vouch for or warrant the accuracy, completeness or usefulness of any such material. You agree that you are solely responsible for actions and communications undertaken or transmitted through this Website by you or any person authorised by you.
9. You must inform the Company immediately if anyone makes or threatens to make any claim or issue legal proceedings against you relating to your use of this Website and you must, at the Company's request, immediately stop the act or acts complained of. You must, at the Company's request, inform the Company of the details of the claim(s) in writing.
10. You acknowledge and agree that the Company may preserve any material on this Website and may disclose any material without liability to you or to any third party if required to do so by law or in good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any material violates the rights of third parties; or (d) protect the rights, property, or personal safety of the Company, its users and the public.
11. The Company may in its sole discretion and under any circumstances (including but not limited to any breach or suspected breach by you of the Terms and Conditions) refuse or remove any material contained in this Website, suspend or terminate your access to this Website or any services provided through this Website without prior notice or liability to you or any third party.


Non waiver

12. Any delay by the Company to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. Any waiver of the Company to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of any other right or provision.


Links

13. This Website may provide links to other websites or resources. The Company has no control over such websites and resources, and you acknowledge and agree that the Company is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any information, advertisement, products, or other materials on or available from such websites or resources. The Company shall not be responsible or liable to you or any third party, for any damage or loss caused or alleged to be caused, directly or indirectly, by or in connection with use of or reliance on any such information, goods or services available on or through any such websites or resources.




Intellectual Property Rights

14. You acknowledge and agree that this Website and any software used in connection with this Website ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that the information contained in the advertisements or information presented to you through this Website or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by the Company or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on this Website or the Software, in whole or in part.


Copyright

15. Materials displayed on this Website are protected by copyright. You shall not reproduce, duplicate, copy, download, modify, store, or use these materials in any manner without the express permission of the Company or the copyright owners of these materials. The Company may at its sole discretion without prior notice to you, suspend and/or terminate your access to and use of this Website if (in the Company's opinion) you have infringed or are suspected of having infringed the intellectual property rights of others.


Trade Mark and Related Information

16. The terms "Federal Insurance Company", "Chubb Group of Insurance Companies", "Chubb", "Masterpiece" including all goodwill attached to them belong to the Company or it's parent, The Chubb Corporation. "Chubb", "", "", "Chubb and in any combination", "Masterpiece™" (collectively, the "Company's Marks") are registered trademarks of The Chubb Corporation. Without the Company's prior permission, you agree not to copy, imitate, display or use in any manner (including but not limited to use as domain names) the Company's Marks or any similar marks.


Disclaimer

17. All material and information provided by the Company on this Website is for information purposes only. Everything on this Website is provided on an "as is" basis. The Company does not purport to give advice and the information/material set out on this Website should not be construed as giving advice. The services presented on this Website are provided without any warranties or any conditions (express or implied) other than those expressly stated in writing on this Website as Terms and Conditions. In particular, the Company does not warrant that the information contained in or the services presented on its Website are or will be accurate, complete, useful, up-to-date, continuous, secure or error-free. All information, goods and services presented or referred to on this Website are only invitations to treat and are not offers capable of acceptance for contractual purposes. In addition, all insurance policies, products and services are governed strictly by the written terms and conditions specified in the policy concerned and not by any other representations. Similarly, all the benefits referred to by the Company, its subsidiaries or affiliates to their employees and/or persons nominated by their employees are strictly governed by the terms and conditions of the employment contract concerned and not by any other representations. All benefits referred to on the Website to Company's personnel, staff, human resources, insured, third parties or others are not offers or guarantees of such benefits and such benefits may not be applicable in all cases or at all. You should verify the information appearing on this Website before you act upon it by contacting the Company's local office concerned. The Company expressly disclaims all warranties of any kind, whether express or implied, including but not limited to warranties as to the quality, merchantability, fitness for purpose, or non-infringement of this Website or the services referred in it. You access and use this Website at your own risk.
18. The Company makes no warranty that (i) this Website will meet your requirements, (ii) this Website will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of this Website will be accurate, complete or reliable, (iv) the quality of any products, services, information or other material purchased or obtained by you through this Website will meet your expectations, and (v) any errors in the software will be corrected.
19. You irrevocably waive any and all claims for any loss or damages of any nature whatsoever against the Company arising from the use of this Website or the existence of any material or this Website including (but without limitation) any reliance on the accuracy, completeness, or usefulness of such materials, or from any unauthorised use, misuse, access to or alteration of this Website or any material contained in it, or any conduct committed by third parties.
20. You understand that all information, data (including personal data), text, artwork software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such material originated. This means that you, and not the Company, are entirely responsible for all materials that you upload, post, email, transmit or otherwise make available via this Website. The Company has the right (but not the obligation) to monitor or control the material posted via this Website and does not guarantee the accuracy, integrity or quality of such material. You understand that by using this Website, you may be exposed to material that is offensive, indecent or objectionable. You also acknowledge that, given the nature of the Internet, the Company cannot guarantee that any transmission of the material via this Website is completely secure, and you may be exposed to risks. Under no circumstances will the Company be liable in any way for any material, including, but not limited to, any errors or omissions in any material, or any loss or damage of any kind incurred as a result of the use of this Website or any material posted, emailed, transmitted or otherwise made available via this Website. Any material downloaded or otherwise obtained through this Website is done at your own discretion and risk and that you will be solely responsible for any damage to your business, computer system, equipment or loss of data that results from the download of any such material.
21. Although the Company has taken measures to keep this Website free from computer viruses, given the inherent risks of the Internet the Company does not warrant that this Website is free from computer viruses or any other defects. The Company will not be liable for any loss or damage howsoever caused which may result directly or indirectly from accessing, downloading or otherwise using information from this Website and use of this Website is at your own risk.
22. In no event shall the Company, its directors, officers, employees, subcontractors and agents, its affiliates, subsidiaries and/or their suppliers be liable for any direct, indirect, incidental, consequential, punitive, exemplary, special or other damages (including, without limitation, damages to business, lost profits, lost savings or lost revenues, business interruption, lost business opportunities, loss of information or programs or other data) arising from the use, inability to use, unauthorised access to or alteration of this Website or your transmission of data, the services/goods offered through it, its contents or materials, or any information, software, services obtained through this Website, or functions of this Website, statement or conduct of any third party or any other matter relating to this Website, whether or not any of the Company, its directors, officers, employees, subcontractors, agents, affiliates, subsidiaries and/or suppliers has been advised before hand of the possibility of such damages or loss.
23. The Company shall not be responsible for any corruption, destruction, loss, damage, interruption, delay, errors or omissions during transmission (or any other events) affecting your data, equipment or business including those which occur as a result of the use of this Website or any transmission over any public telecommunications network, including the Internet. The Company shall not be responsible for any consequences of such events.
24. It is possible that other websites may link to this Website. Use of services/goods offered on such other websites or resources are at your own risk. The contents, accuracy, opinions expressed, and other links provided at these sites are not investigated, verified, monitored, nor are such linked websites endorsed by the Company. The Company disclaims any responsibility for the accuracy, contents, availability or omission of information found on sites that link to or from this Website. You should therefore make all enquiries and investigation before proceeding with any online or offline access or transaction with any of these third parties. The Company does not warrant the security of any information you may forward or be requested to provide to any third party. You irrevocably waive any claims against the Company for any loss or damage, whether directly or indirectly, incidental, special, punitive or consequential, suffered as a result of any access to or interaction with any other websites via this Website.
25. To the full extent permitted by law, the Company excludes liability whether in contract, tort (including liability for negligence) or otherwise for the accuracy, suitability, quality or completeness of any content and the value, quality and integrity, merchantability and fitness-for-purpose of goods and services offered by third parties over the Internet. You acknowledge that the Company has no control over and the Company excludes all liability for any material on the Internet which can be accessed by using this Website.
26. To the full extent permitted by law, the Company excludes liability, whether contingent otherwise, and whether caused by the negligence of the Company to you or to third parties for the accuracy, timeliness, completeness, reliability, performance or continued availability of this Website. The Company shall have no responsibility to maintain the information or services made available on this Website or to supply any corrections or updates in connection with such information or services.


Force Majeure

27. Neither the Company nor you shall be under any liability or otherwise be in breach of its obligations under these Terms and Conditions in respect of anything arising by reason of force majeure, which shall include all events beyond the control of the party claiming force majeure, including but not limited to war, blockade, riots, civil commotion, strike, lock-out, act of God, fire, flood, storm, other natural catastrophes, failure or interruption of public or third party telecommunication, payment transmission, cleaning, settlement or other services, acts of Government or civil or regulatory authority, withholding, refusal or modification of export or import licences or other authorisations or approvals and any other circumstances which prevent or hinder the party from performing its obligations.


Indemnity

28. You agree to indemnify and hold the Company, its affiliates, subsidiaries, directors, officers, employees, subcontractors, agents, co-branders and/or suppliers, harmless from any and all loss, damage, costs, legal costs, professional and other expenses, whether direct, indirect or consequential, caused to the Company or its affiliates, subsidiaries, directors, officers, employees, subcontractors, agents, co-branders and/or suppliers howsoever incurred, or any claim or demand made by any third party, arising out of your use or misuse of this Website, and/or your breach of these Terms and Conditions, warranties and representations and/or from the infringement by you of any intellectual property or other rights of another.


Notice

29. Notices to you may be made via either email or regular mail. The Company may (but is not obliged to) provide notices of changes to the Terms and Conditions or other matters by displaying notices or links to notices to you generally on this Website.


Entire Agreement

30. The Terms and Conditions constitute the entire agreement between you and the Company and govern your use of this Website, and supersede any prior agreements representations and or warranties between you and the Company.


Severability

31. The invalidity, illegality or unenforceability of any provision in these Terms and Conditions does not affect the other provisions of these Terms and Conditions which will remain in full force and effect.


Governing Law and Dispute Resolution

32. These Terms and Conditions shall be governed by the laws of the Hong Kong Special Administrative Region and the Hong Kong Courts shall have the exclusive jurisdiction to deal with all matters relating to these Terms and Conditions and this Website.
33. Should you object to any of these Terms and Conditions, you must discontinue using this Website immediately.

BY ENTERING THE WEB SITE YOU ARE CONSENTING TO BE BOUND BY THESE TERMS AND CONDITIONS, THE DATA PRIVACY STATEMENT AND THE PERSONAL INFORMATION COLLECTION POLICY STATEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, PLEASE EXIT IMMEDIATELY, DO NOT ACCESS ANY OTHER PART OF THIS WEBSITE.