ACE Insurance Limited - Terms of Use

Acceptance of Terms
This Web Site is owned and maintained by ACE Insurance Limited (“the Owner”) which is a member of the ACE Group of insurance and reinsurance companies. ACE Insurance Limited is authorised by the Hong Kong Insurance Authority to carry on insurance business in or from Hong Kong. ACE is made up of insurance and reinsurance companies that are licensed or otherwise approved to transact insurance and/or reinsurance business located in various countries.
ACE also includes companies that provide services to the insurance industry and other customers.

This Web Site provides users with access to an online collection of information and materials. These materials may include insurance applications and policy forms and other information related to certain insurance products and services ("Products and Services") offered by providers of insurance and insurance-related services operating within ACE. The Web Site also contains text, pictures, graphics, logos, button items, images, works of authorship, and other content (collectively, "Content"), and may provide access to certain proprietary software used in connection with navigating and utilizing the functionality offered through this Web Site ("Software"). This Web Site is intended for use only by users who are at least 18 years of age and who reside in Hong Kong.

PLEASE NOTE:
Your access to and use of this Web Site are subject to the following Terms of Use, as well as all applicable laws and regulations. Please read these terms carefully. If you do not accept and agree to be bound by any of these terms or conditions you are not authorized to access or otherwise use this Web Site or any information, content, Services or Software contained on this Web Site. Your access to and use of this Web Site constitute your acceptance of and agreement to abide by each of these terms and conditions set forth below. These Terms of Use may be changed, modified, supplemented or updated by the Owner from time to time without advance notice. Unless otherwise indicated, any new Products and Services, Content and Software added to this Web Site will also be subject to these Terms of Use effective upon the date of any such addition. You are encouraged to review the Web site periodically for updates and changes.

Limited License and Site Access – The Owner hereby grants you a limited license to access and make personal use of this site but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Owner. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of the Owner. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Owner or its affiliates without their express written consent. You may not use any meta-tags or any other "hidden text" utilizing any of the ACE name(s) or service marks without the express written consent of their owners. Any unauthorized use terminates the permission or license granted by the Owner.

Availability of Products and Services – Due to various insurance and other regulatory restrictions, certain Products and Services described on this Web Site are not available to all users or in all jurisdictions. EXCEPT AS EXPRESSLY STATED HEREIN, THE INFORMATION CONTAINED ON THIS WEB SITE IS NOT AN OFFER TO SELL OR A SOLICITATION TO BUY ANY SECURITY, INSURANCE PRODUCT, OR OTHER PRODUCT OR SERVICE BY ACE MEMBER COMPANIES. No security, insurance product or other product or service is offered or will be sold by ACE member companies or, if sold by ACE member companies, will be effective in any jurisdiction in which such offer or solicitation, purchase or sale would be unlawful under the securities, insurance or other laws of such jurisdiction.

Please contact a designated ACE representative or your broker to find out which Products and Services are available to you.

This Web Site may provide certain summary descriptions or other helpful information regarding Products and Services. ACE and its member companies attempt to be as accurate as possible; however, any such materials are intended to generally describe the Products and Services and are subject in all respects to the specific terms and conditions of the actual policy or product/service agreement to which they refer. Complete policy terms are available upon request.

Copyright– Except as otherwise expressly stated, all Content and Software appearing on this Web Site are the copyrighted work of ACE member companies or their affiliates or third party content suppliers and are protected by local and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content and Software is also the exclusive property of ACE member companies or their affiliates and is protected by local and international copyright laws.

You may download information from this Web Site and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice
(e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from this Web Site, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of the Owner or any applicable third party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by the Owner. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Neither the Owner nor its affiliates warrant or represent that your use of Content, Services, Software or any other materials displayed on this Web Site will not infringe rights of third parties.

Trademarks and Service Marks – Certain trademarks, including "ACE INA", "ace asia pacific", “ace insurance”, “ACE Group”, "ESIS" and "West Chester" are the service marks of ACE Limited or one of its subsidiaries. The domain name for this Web Site (www.aceinsurance.com.hk), the ACE logos, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of ACE member companies or their affiliates. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Web Site are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Web Site without the prior written authorization of the Owner.

Ownership of information submitted via this Web Site – With the exception of any personal data or information falling within the definition of "personal data" in the Personal Data (Privacy) Ordinance ("customer information") you submit (which shall be maintained in accordance with our Privacy Policy), any information you transmit to ACE via this Web Site, whether by direct entry, submission, electronic mail or otherwise, including data, questions, comments, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of the Owner. Such information may be used for any purpose, including but not limited to reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. ACE shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Owner via this Web Site or by any other means for any purpose whatsoever, including, but not limited to, developing and marketing products using such information.

Proprietary Software– Any Software accessible through this Web Site is the property of the Owner or its suppliers and is protected by local patent and copyright laws and international treaties. Any use of the Software by you other than as required to navigate and to utilize the intended functionality offered through this Web Site is prohibited. You agree not to copy, distribute, publicly display, alter, modify, decompile, disassemble, reverse engineer or otherwise attempt to discover the source code of the Software. Further, you agree not to access the Services or Content by any means other than the interface provided by the Owner through this Web Site for your use in accessing the Services and Content.

The Software provided on this Web Site is owned by or licensed to the Owner, and may contain technology that is subject to strict controls pursuant to export control laws and regulations of Hong Kong and other countries and jurisdictions. You shall not copy, transfer or export such software in violation of such applicable export laws and regulations. The Owner does not authorize the downloading or exportation of any software or technical data from this Web Site to any jurisdiction prohibited by such export controls laws and regulations.

Connection Requirements – You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use this Web Site, and the Owner reserves the right to change the access configuration of this Web Site at any time without prior notice.

Prohibited Use – Any use or attempted use of this Website (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party's use and enjoyment of the Web Site, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by the Owner to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available by the Owner, or (vii) any use other than the business purpose for which it was intended, is prohibited.

In addition, in connection with your use of the Site, you agree you will not:

Right to Monitor – The Owner neither actively monitors general use of this Web Site under normal circumstances nor exercises editorial control over the content of any third party's web site, electronic mail transmission, news group, or other material created or accessible over or through this Web Site. However, the Owner does reserve the right to monitor such use at any time as it deems appropriate and to remove from the Web Site any materials that, in the Owner's sole discretion, may be illegal, may subject the Owner to liability, may violate this Terms of Use Agreement, or are, in the sole discretion of the Owner, inconsistent with the Owner's purpose for this Web Site.

Hyperlinks to Third Party Web sites – This Web Site may contain hyperlinks to other sites owned and operated by parties other than the Owner. Such hyperlinks are provided only for ready reference and ease of use. We do not control such web sites and cannot be held responsible for their content or accuracy and do not endorse these sites unless we specifically so state. In the event this Web Site provides hyperlinks to other web sites that are not owned, operated or maintained by the Owner or its affiliates, you acknowledge and agree that the Owner is not responsible for and is not liable for the content, products, services or other materials on or available from such web sites. We accept no liability for any information, products, advertisements, content, services or software accessible through these third party web sites or for any action you may take as a result of linking to any such web site. Any such web sites are likely to set forth specific terms of use and privacy policies that you should review. The Owner is under no obligation to maintain any link on this Web Site and may remove a link at any time in its sole discretion for any reason whatsoever. Neither the Owner nor its affiliates shall be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such web site.

No ACE Editorial Control of Third Party Content; No Statement as to Accuracy – To the extent that any of the Content included in the Web Site is provided by third party content providers, ACE has no editorial control or responsibility over such Content. Therefore, any opinions, statements, services or other information expressed or made available by third party suppliers on this Web Site are those of such third party suppliers. The Owner does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the Content displayed on this Web Site or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with ACE member companies.

Privacy Policy – Our Privacy Policy describes ACE's collection, use and protection of customer information and will help you understand how we secure and treat customer information that we obtain. We urge you to read our Privacy Policy. Your submission of any such information to the Owner in connection with this Web Site constitutes your consent to the uses and disclosures of data and information by the Owner or its affiliates that are consistent with the Privacy Policy. Some information is collected automatically when you visit the Web Site because your IP address needs to be recognized by the server. We may use the IP address information to monitor and analyse how parts of the Web Site are used.

Use of Cookies – A cookie is a piece of information which a web server may place on your computer when you visit a web site. Cookies are commonly used by web sites to improve the user experience and have not been known to transmit computer viruses or otherwise harm your computer. Many cookies last only through a single web site session, or visit. Others may have an expiration date, or may remain on your computer until you delete them.

We may use cookies for a number of purposes - for example, to maintain continuity during a user session, to gather data about the usage of our Web Site for research and other purposes, to store your preferences for certain kinds of information and marketing offers, or to store a user name or encrypted identification number so that you do not have to provide this information every time you return to our Web Site.

Our cookies will track only your activity relating to your online activity on this Web Site, and will not track your other Internet activity. Our cookies do not gather personally identifiable information.

You can decide if and how your computer will accept a cookie by configuring your preferences or options in your browser. However, if you choose to reject cookies, you may not be able to use certain of our online Products and Services or Web Site features.

We may occasionally use other companies to set cookies on our web sites and gather cookie information for us. In some cases we may also use another company to operate web servers for our Web Site. We use the cookie information gathered by these companies in the same manner as stated above.

In addition to the information we collect from cookies, we also obtain information which you provide to us online - for example, when you use our tools and calculators or when you submit an application or otherwise communicate with us. In some cases, we retain both the cookie information and/or the information you provide to us online - for example, to complete a transaction you requested or to keep historical records of your past transactions. In other cases - for example, when you use our tools and calculators - we only retain the cookie and/or online information you give us if you request us to do so for your use in subsequent sessions.

Modification to Services – The Owner may, at its discretion, modify or discontinue any of the Products and Services, Content or Software, or any portion thereof, with or without notice. Neither the Owner nor its affiliates will be liable to you or any third party for any modification or discontinuance of any of the Products and Services, Content or Software.

Disclaimer – Information contained on this Web Site has been prepared by the Owner as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. The Owner has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the information contained in or linked to this Web Site or any other Web Site maintained by the Owner. Users relying on information from this Web Site do so at their own risk.

The information and descriptions contained herein are not intended to be complete descriptions of the terms, exclusions and conditions applicable to the Products and Services, but are provided solely for general informational purposes; please refer to the actual policy or the relevant product or services agreement for complete terms, exclusions and conditions. Should you purchase an ACE product from ACE or a third party, the terms and conditions applicable to that transaction will govern such purchase, and your use of this Web Site does not affect that purchase in any manner.

This Web Site may provide you with planning and educational tools, including calculators.
Such tools and calculators may allow you to model "what-if" scenarios, the results of which are illustrative and are based on the information and assumptions identified. There is no guarantee that the results shown are necessarily accurate or will be achieved. In addition, these tools and calculators are not part of any planning report for which you may have paid a fee, even if the tools and calculators include information derived from or contained in a report.

This Web Site may from time to time contain forward-looking statements.  Any written or oral statements made by or on behalf of ACE Limited or any of its subsidiaries or operating divisions reflect current views with respect to future events and financial performance. These forward-looking statements are subject to uncertainties and inherent risks that could cause actual results to differ materially from those contained in any forward-looking statement.

YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK. ALL CONTENT AND SOFTWARE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE OWNER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE OWNER MAKES NO WARRANTY THAT THE CONTENT AND SOFTWARE ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.

Limitation of Liability
YOU UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE OWNER WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PRODUCTS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF THE OWNER HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE WEB SITE, PRODUCTS AND SERVICES, CONTENT OR SOFTWARE, THE COST OF OBTAINING SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM PURCHASES OR TRANSACTIONS ENTERED INTO THROUGH THE WEB SITE, OR STATEMENT OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE WEB SITE, PRODUCT AND SERVICES, CONTENT OR SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEB SITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE THE OWNER OR ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEB SITE.  NOTHING IN THIS TERMS OF USE OPERATES TO LIMIT ANY LIABILITY OF THE OWNER ARISING FROM (I) DEATH OR PERSONAL INJURY CAUSED BY OR ARISING FROM NEGLIGENCE AND (II) FRAUD.

Notices – Any notices to you from the Owner regarding the Web Site or these Terms of Use will be posted on this Web Site or made by e-mail or regular mail.

ELECTRONIC COMMUNICATIONS
When you visit this Web Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

General Provisions
Entire Agreement – This Terms of Use Agreement, the Privacy Policy, and other policies the Owner may post on this Web Site constitute the entire agreement between the Owner and you in connection with your use of this Web Site and the Content, Services and Software, and supersedes any prior agreements between the Owner and you regarding use of this Web Site, including prior versions of the Terms of Use Agreement. The Owner may update this Terms of Use Agreement from time to time by posting revised Terms of Use on this Web Site, without notice to you, and your subsequent use of the Web Site indicates your acceptance of and is governed by those new Terms of Use. The Terms of Use is effective until terminated or updated by the Owner, at any time without notice. In the event of termination, the disclaimers and limitations of liabilities set forth in the Terms of Use Agreement will survive. The Terms of Use will be deemed to include all other notices, policies, disclaimers and other terms contained in this Web Site; provided, however, that in the event of a conflict between such other terms and the terms of these Terms of Use, these Terms of Use will prevail.

Third Party Purchases Governed by Separate Agreement – The terms and conditions governing your purchase of any goods or services from any third party companies or financial institutions represented in this Web Site shall be governed by a separate agreement duly executed between you and the supplier of such goods or Services, including ACE, as applicable.

Age and Location of User – All information and content available on this Web Site are solely directed to individuals 18 years of age or older residing in Hong Kong. The Owner makes no representation that the Content, information, products, Services or Software are available for use outside of Hong Kong. Any use of the Services, Content and Software is prohibited where they are not allowed by law.

This Web Site Contains A Binding Arbitration Provision Which May Be Enforced By The Parties

[Any such arbitration shall be administered by HKIAC in accordance with HKIAC Procedures for Arbitration in force at the date you accept the Terms of Use including such additions to the UNCITRAL Arbitration Rules as are therein contained.][1]

Governing Law; Jurisdiction; Venue; Severability of Provisions – The Terms of Use are governed by the laws of Hong Kong. If any provision is deemed by a court of competent jurisdiction to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.

Password Accounts, Passwords, and Security.
If you have been given the option to open an account on this Web Site which will provide you with access to password protected portions of the site and you elect to do so, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, and choose a password and user name. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to (a) immediately notify the Owner of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. The Owner will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by the Owner or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.