Terms and Conditions

PLEASE REVIEW THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE PRIVACY POLICY AND CONFIRM YOUR AGREEMENT BELOW

By clicking “I Agree” you agree and consent to (a) the terms and conditions of this Agreement and the Privacy Policy and (b) receive notices from IFPHK

Terms and Conditions

1. General

1.1This website is provided by the Institute of Financial Planners of Hong Kong Limited (“IFPHK”) of Suites 802-803, The Hong Kong Club Building, 3A Chater Road, Central, Hong Kong Special Administrative Region, People's Republic of China. A non-profit self-regulatory organization set up in June 2000, IFPHK is the sole licensing body in Hong Kong authorized by the Certified Financial Planner Board of Standards in the U.S.A. to grant the CFP^CM certification to qualified financial planning professionals in Hong Kong.

1.2It is committed to promoting the CFP^CM designation as the highest level of competence in the financial planning profession in Hong Kong.IFPHK represents the financial planning practitioners in Hong Kong.It has over 4,500 members from such diverse professional backgrounds as banking, investment, insurance, stock broking, accounting and legal services.

2. Terms of use

Your use of http://www.ifphk.org (the “Website”) is subject to the following terms and conditions, which you are deemed to accept by using the Website (“this Agreement”). Please read this Agreement carefully. If you do not agree to this Agreement, you must not use the Website.

3. Rights

3.1  Software

The software that runs the Website is owned by IFPHK and/or its licensors. Save to the extent expressly permitted by applicable laws, you must not copy, modify, download, distribute or de-compile such software without our consent.

3.2  Use of materials on the Website

By accessing the Website, you agree that you will access all information on the Website (including but not limited to the organization, layout, information, photographs and graphical images) (the “Content”) or any material contained herein solely for your own private non-commercial use. You may download, view, store and print off the whole or any part of the Website (other than any restricted information) solely for your own private non-commercial use in accordance with this Agreement. You shall not use the Content or any material contained herein for any other purposes. Where you download, store or print off any of the Content or any material contained herein, you must ensure that the IFPHK copyright (©Copyright of IFPHK) notice appears thereon.

3.3  Restrictions on use of materials on the Website

Except as expressly permitted by applicable law and by clause 3.2 above, you shall not copy (except to the extent required in order to use the Website in accordance with this Agreement), store in any medium (including in any other website), issue copies, make available, make adaptation, distribute, transmit, re-transmit, broadcast, modify, or show in public or otherwise deal with any part of the Website or systematically extract material from the Website or any document available through it or in any other way exploit commercially all or any part of the Website or any document available through it without the prior written permission of IFPHK.

3.4  Unauthorized Access

Unauthorized access to or use of the Website or IFPHK's online services available through the Website is prohibited. Unauthorised access to, or misuse of, a computer may constitute an offence under the laws of the Hong Kong Special Administrative Region.

3.5  Copyright, Trade Mark and other Intellectual Property rights

The copyright and all other intellectual property rights subsisted in all of the Content and material of whatever form contained on the Website (including, but not limited to, the organization, layout, information, photographs and graphical images) are owned by IFPHK and/or its licensors. In particular the word CFPCM, CERTIFIED FINANCIAL PLANNERCM and (a CFP Mark is to be included here) and associated logos are registered trade marks of IFPHK (collectively referred to as the “Trade Marks”) and may not be reproduced or used without IFPHK's express prior written permission. You shall not (i) apply the Trade Marks or signs similar to the Trade Marks to any goods or their packaging; (ii) offer or expose any goods for sale under the Trade Marks or signs similar to the Trade Marks; (iii) put goods on the market under the Trade Marks or signs similar to the Trade Marks: (iv) stock goods under the Trade Marks or signs similar to the Trade Marks for the purpose of offering or exposing them for sale or of putting them on market; (v) offer or supply services under the Trade Marks or signs similar to the Trade Marks; (vi) import or export goods under the Trade Marks or signs similar to the Trade Marks; and (vi) use the Trade marks or signs similar to the Trade Marks on business papers or in advertising.Further, you shall not apply or caused to be applied the Trade Marks or signs similar to the Trade Marks to material which is intended to be used (a) for labeling or packaging goods; (b) as a business paper; or (c) for advertising goods or services.

3.6  Change of Content on the Website and services

We reserve the right to update, modify, suspend, discontinue or close temporarily or permanently the Website (or any part thereof) at any time without notice and you agree that IFPHK shall not be responsible for you or to any third party for any modification, suspension or discontinuance of the Website (or any part thereof).

3.7  Change of Terms and Conditions

We reserve the rights to vary or amend the terms and conditions of this Agreement from time to time at our sole discretion without prior notice. Any variations or amendments shall take effect upon posting of the same on the Website. If you do not agree to any variations or amendments to this Agreement, you shall immediately stop using the Website.

3.8  Virus Check

It is our policy to virus check documents and files before they are posted on the Website. However, we cannot guarantee and do not guarantee that documents or files downloaded from the Website will be free from viruses and we do not accept any responsibility for any damage or loss caused by any virus.

For your own protection, you must use virus-checking software when using the Website. You must not post or provide to us via the Website, any document or file which you believe may contain a virus. You must virus check any document or file which you intend to post or provide to us via the Website.

4. Your warranties

By accessing the Website, you warrant that:-

4.1 you shall only use the Website in accordance with this Agreement and only for lawful purposes and in a lawful manner; and

4.2all information and any document or file that you post on the Website:-

(i) do not contravene any applicable laws or contravene any person's legal rights;

(ii)is not offensive or defamatory; and

(iii)is true, accurate, current and complete in all respects,

and that you shall notify us immediately of any changes to that information, document or file.

5.  Online Privacy

IFPHK respects your privacy.  Please read our Privacy Policy for more information.

6. Accuracy of information

While we try to ensure that the Content or any material contained herein are correct, up-to-date and complete, we cannot guarantee and do not guarantee or make no representation or warranty as to the accuracy or completeness of the Content or any material contained herein. The Content or any material contained herein are provided for information purposes only and you should not rely on it. Accordingly, we make no warranty as to the accuracy of any information on the Website and do not accept any responsibility for any errors or omissions, or for any damage or loss you may suffer.

7. Hyperlink

7.1  IFPHK may provide hyperlinks to other locations or websites on the internet.The content of such third-party websites to which you may link, by means of hypertext links, from the Website is beyond our control. You use or follow these links entirely at your own risk.  We shall not be responsible for any damage or loss you suffered by you arising out of or in connection with your access to or use of these third-party websites, including, but not limited to, damage or loss to your computer system or loss of data arising from your use of documents or other information found on these links. These links are not monitored or maintained by IFPHK nor is IFPHK responsible for the content of any third party website.  You shall read all copyright and legal notices on each site prior to downloading or printing items to ensure that such actions are permitted under the third party site's copyright notices, legal notices and or terms of use.

7.2  Any links to such third-party websites are for your convenience and the inclusion of the link in our Website does not imply any endorsement, guarantee, warranty or representation by IFPHK of the quality or accuracy of the information, products or services provided to you on those third-party websites.

7.3 You must always obtain the prior written approval of IFPHK before creating a hyperlink in any form from a third party website to any IFPHK website.IFPHK may or may not give such approval at its absolute discretion.We would only approve a hyperlink which displays our name or website address.Any use or display of our logos, trade names and trademarks as a hyperlink will not be approved.

7.4 IFPHK shall not be responsible for the setup and construction of any hyperlink from a third party website to the Website or any IFPHK's websites.Any links so set up shall not constitute any form of co-operation with, or endorsement by, IFPHK of such third party website.Any link to our website shall always be an active and direct link to our website and shall be made directly to the home or front page of our website only and that no “framing” or “deep-linking” of our web page or content is allowed.

7.5 IFPHK shall not be responsible for any loss or damage incurred or suffered by you or any third party arising out of or in connection with such link.IFPHK reserves the rights to revoke any approval granted to link through a plain-text or any other type of link, and to demand disconnection of any such link to the Website or any of IFPHK's websites, at our discretion at any time.

8. Restricted access

8.1 Access to parts of the Website are restricted to authorized persons only. If you believe you have been granted access to any confidential document or file in these restricted sections by mistake, you shall leave these restricted sections immediately and contact us by email at Webmaster@ifphk.org as soon as possible.

8.2 If we have notified you that you are authorised to access to a restricted part of the Website or any IFPHK's websites but you are not able to obtain such access, please contact us by email at Webmaster@ifphk.org.

8.3 You shall not allow any other person to use your password. If you believe someone else knows your password, you shall change it immediately and contact us by email at Webmaster@ifphk.org as soon as possible.

8.4  We reserve the rights to remove you from our authorized list of users for any restricted sections or parts of the Website or any IFPHK's websites at any time at our discretion.

8.5 Parts of the Website incorporate Verisign encryption technology. Stronger encryption technology is available. However, we cannot guarantee and do not guarantee that unauthorized people will not be able to access confidential information hosted on or downloaded from the Website.

8.6 The documents and files hosted on the restricted sections of the Website are confidential. You shall not distribute the documents and files hosted in these areas except to persons authorized to read them. If you believe that you may have been granted access to a document or file containing confidential information by mistake, you shall not download it, copy it, use it for any purpose or disclose its contents to any other person.

8.7 If you access the Website from a shared computer, you shall be responsible for all instructions received by us during your access to the Website from the time you pass the security procedure until you exit the Website. This includes any input errors or instructions sent by someone other than you whilst you are still logged onto the Website.

8.8 Email communications are not secure and there is no guarantee that an email will be delivered within a reasonable time, or at all. In addition to email, we recommend that you contact us by post or telephone in the event that any information must be received by us on or before certain deadlines.

CLAUSES 9 – 12 and 17 APPLY, IN ADDITION TO THE OTHER TERMS AND CONDITIONS, IF YOU ARE MAKING PAYMENTS ONLINE THROUGH THE WEBSITE.

9. Payment and creation of contract

9.1 All payments made by you through the Website are subject to these terms and conditions (including but not limited to clauses 9 - 12 and 17 herein).

9.2 IFPHK must receive full payment of the price for the subscription, services or materials (together or individually "Services") you wish to order before your order can be accepted.  Once we receive your payment, we will confirm our acceptance of your order by sending an email to the email address you provide and maintain in our database ("Acceptance Notice").  Our email to you shall include the details and price currently available for the Services in question.

9.3 If the details and price in our Acceptance Notice correspond to those shown on the Website at the time at which you submitted your order, then a legally binding contract between us shall be concluded upon our issuance of the Acceptance Notice.

9.4  If the details and price in our Acceptance Notice do not correspond to those shown on the Website at the time at which you submitted your order, you shall immediately inform us whether you wish to (i) proceed with your order and seek written confirmation of these details and/or price or (ii) cancel your order in accordance with clause 11 below. If we have not received any written notice from you to cancel your order, within the next working day, in accordance with clause 11 below, then a legally binding contract shall be concluded between us.

10. Price

The prices payable for the Services that you order are set out on the Website which may be revised from time to time.

11. Your right of cancellation

11.1  Subject to clause 11.3 below, you may cancel your order at any time within the next working day of your date of online purchase following:

11.1.1 your receipt of the Acceptance Notice; or (if later)

11.1.2 a legally binding contract being made between us; 

If you wish to exercise your right to cancel, please inform IFPHK in writing of your intention to cancel within this time frame by email to accounts@ifphk.org

11.2  Once IFPHK has been notified by you in accordance with Clause 11.1, the sum debited by IFPHK from your debit or credit card for the order in question will be re-credited to your account as soon as possible and in any event within thirty (30) days of your order being cancelled, provided that, where any materials have been received by you in accordance with the relevant order, you have returned them and they have been received by IFPHK in the same condition as when they were provided to you.

11.3  You agree that in so far as the Services ordered comprise seminars, events, examination and membership application, we will commence performance upon the Services cut-off date.  You may not cancel your order after the relevant Services' cut-off date.  This means that you will have fewer than one (1) day to cancel the order in circumstances in which you make your order within one (1) day of the Services’ cut-off date.

12. Availability of products or services

IFPHK reserves the rights to cancel any of the seminars, events, examinations, membership applications or [out of stock?] order and any payments made by you will be refunded to your account.  IFPHK will notify you of such cancellation and refund by email as soon as practicable.  The refund to your account will take place as soon as possible and in any event within thirty (30) days of the date of cancellation of the seminars, events or other relevant contracts.

13. Discussion forums

13.1  You shall be responsible for the content of your emails, news, opinions, postings or any other material you send to the discussion forums on the Website. You agree that you shall indemnify us for any loss, damages, cost, expenses or any liabilities suffered and incurred by us due to your use of the discussion forums or otherwise relating to any material which you submit to such forums.

13.2  We reserve the rights to remove from the Website any information submitted by you on the discussion forums if such information contravene any laws, legislation, subsidiary legislation, regulations, orders of any government department or statutory authority, or that we consider in our discretion such information to be offensive, defamatory or otherwise inappropriate.IFPHK's decision on removal of information from the discussion forums shall be final.

13.3  We reserve the rights to make such information available to relevant regulatory bodies or law enforcement authorities without prior warning.

13.4  We reserve the rights to suspend or terminate, or bar access to, the discussion forum facilities.

14.Disclaimer and Exclusion of liability

14.1  IFPHK does not provide legal, investment, professional or career advice on the Website. Nothing in the Website or the Content or materials and information available through IFPHK's other websites or mail lists constitute legal, investment, career or other professional advice. The Content provided on the Website are for general guidance and information purposes only and do not contain any professional advice.

14.2  We cannot guarantee and do not guarantee or warrant that any of the material and information that you may receive through IFPHK's other websites or mail lists are accurate, up-to-date or complete.

14.3  IPFHK shall not be responsible for any liability for any claims, demand, actions, legal proceedings against you or cost, expenses incurred by you or loss and damage suffered by you, including damage to your computer system or loss of data arising directly or indirectly from the use of, or reliance on, any materials and information contained on the Website or for any error or omission of any of such materials and information.

14.4  We shall not be liable to you for any communication sent by you by email which is either received late or not received at all.

14.5  We shall not be liable for any claims, demand, action, legal proceedings against you or costs and expenses incurred by you or loss and damages suffered by you arising directly or indirectly out of the inaccuracy or incompleteness of information contained on the Website or in the Services.

14.6  The Website and/or Services are provided to you on an "as is" and "as available" basis without any warranty being given in relation to the Website or Services including (but not limited to) implied warranties of non-infringement, compatibility, security, accuracy, fitness for purpose, that any information is up to date or correct, or any implied warranty arising from course of dealing or usage or trade.

14.7  Whilst we endeavour to maintain the availability of the Website, we make no warranty that the Website will meet your requirements or will be uninterrupted, timely, or error-free, that defects will be corrected or that the site or the server(s) that makes it available are free of viruses or bugs. If you are aware of any error on the Website please contact us immediately by email at Webmaster@ifphk.org.

14.8   We shall not be responsible or liable to you for any loss of material uploaded or transmitted through the Website.

14.9  We shall not be liable for any special, indirect or consequential damages or loss of business or profits however caused.

14.10   Without prejudice to above, our liability to you under this Agreement in relation to the Services, whether arising from negligence, breach of contract or otherwise, shall not exceed the amount paid by you for the Services.

14.11  Nothing in this Agreement shall exclude or limit liability for death or personal injury resulting from our negligence or that of our agents or employees.

15. Entire agreement clause

This Agreement and the documents referred to in it contain the entire agreement between the parties in respect of the use of the Website and the subject matter of these terms and conditions and supersedes all previous agreements, understandings and correspondence between the parties.

16. Force Majeure

16.1 IFPHK shall not be responsible to you for any delay or non-performance of its obligations under this Agreement due to
any cause or causes beyond its reasonable control including but not limited to any of the following:

(a) act of God, governmental act, war, fire, flood, explosion, civil commotion, armed hostilities, act of terrorism, revolution;

(b) blockade, embargo, strike, lock-out, sit-in, industrial or trade dispute;

(c) adverse weather or disease;

(d) act or intervention of a competent judicial or regulatory authority; and

(e) any event (including but not limited to any act or omission of any third party) beyond its reasonable control which could
not reasonably be planned for or avoided.

16.2  Subject to the party so delaying promptly notifying the other party in writing of the reason for the delay and the likely duration of the delay, the performance of the delaying party's obligations, to the extent affected by the delay, shall be suspended during the period that the cause persists.

17. General

17.1 Save and except expressly set out in this Agreement, each party acknowledges that no representation, warranty, assurance or other promises not expressly contained herein have been made to that party by the other party.

17.2  You agree to indemnify and hold IPFHK and its officers, directors, employees, agents and suppliers harmless immediately on demand, from and against all liability, claims, demand, actions, legal proceedings, damages, losses, costs and expenses, including legal fees (on a full indemnity basis), arising out of any breach of this Agreement by you or other liabilities arising out of your use of the Website and/or Services.

17.3 You may access the Website and use the Services from anywhere in the world. However, these terms and conditions, including but not limited to clause 17.9, shall apply regardless of how and from where you access the Website or place orders for the Services.

17.4  If any term and condition of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect:

(a)  the legality, validity or enforceability in that jurisdiction of any other terms of this agreement; or

(b)  the legality, validity or enforceability in other jurisdictions of that or any other provision of this agreement.

17.5  The various provisions (and any part(s) thereof) of these terms and conditions are severable and if any provision is held to be invalid or unenforceable by any court of competent jurisdiction then such invalidity or unenforceability shall not affect the remaining provisions (or part(s) thereof).While all the provisions stated herein are acknowledged and agreed by the parties to be reasonable in all the circumstances, it is recognised that certain provisions may be of such nature that may fail for technical or unforeseen reasons and accordingly, if any provision (or part thereof) shall be adjudged to be void or unenforceable but would be valid if part of the wording thereof were deleted or altered, the said provision shall apply with such modification as may be necessary to make it valid and effective.

17.6  A person who is not a party to this Agreement may not enforce any of its terms under this Agreement.

17.7  The rights of each party under this Agreement:

(a) may be exercised as often as necessary;

(b) are cumulative and not exclusive of rights or remedies provided by law; and

(c) may be waived only in writing and specifically.

Delay in exercising or non-exercise of any such right is not a waiver of that right.

17.8 Nothing in this Agreement shall constitute or be deemed to constitute any partnership, agency, joint venture, representation or fiduciary relationship between IFPHK and you.No party shall have the authority to or attempt to create any obligation on behalf of any party hereto.

17.9 This Agreement shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region and you agree to irrevocably submit to the exclusive jurisdiction of the courts of Hong Kong Special Administrative Region.The submission to such jurisdiction shall not limit the right of IPFHK to take proceedings in whatever jurisdiction it may think fit, nor shall the taking of proceedings in any jurisdiction preclude the taking of proceedings in any other jurisdiction or jurisdictions, whether concurrently or not.

18.Contact Us

If you have any questions about this Agreement, our Privacy Policy Statement, the practices of the Website, or your dealings with the Website, please contact us at:

The Institute of Financial Planners of Hong Kong Ltd.

Unit 2601, Bank of East Asia Harbour View Centre,

56 Gloucester Road, Wanchai, Hong Kong

Telephone: (852) 2982 7898 or (852) 2982 7888

Fax: (852) 2982 7777

Email: Webmaster@ifphk.org or info@ifphk.org

Copyright © 2006 IFPHK All rights reserved.