The following terms and conditions (“Terms”) shall apply to my/our submission of any Form (as defined below) to KYC Management (as defined below) and any of KYC Management’s services provided in connection with, in relation to, or as a result of such Forms (“Services”), and by submitting such Form to KYC Management, I/we agree to these Terms.
“KYC Management” means KYC Management Limited, a company incorporated under the laws of Hong Kong, and/or any of its affiliated companies.
“Form” means any form, information and/or documents provided to KYC Management on behalf of the relevant professional firm as required by applicable laws including anti-money laundering laws to obtain information and documentation to identify and verify potential clients and amongst others their shareholders, directors, partners, beneficial owners and controllers.
I/We understand and agree that KYC Management does not give any legal, tax, or investment advice, and gives no guarantees, undertakings, warranties or representations with respect to this, and we are advised by KYC Management to seek independent professional advice where applicable and appropriate.
I/We understand and agree that no representations or warranties are provided by KYC Management in regard to any of the services provided by KYC Management in connection herewith (“Services”) except those expressly agreed to by KYC Management in writing.
I/We understand and agree that KYC Management shall not be liable for any indirect or consequential losses or damages (including but not limited to loss of goodwill, loss of data, loss of business, loss of anticipated profits or savings and all other pure economic loss) arising out of or in connection with the form or any services provided by KYC Management.
I/We will release, discharge, hold harmless and indemnify KYC Management (including any of its affiliated companies, directors, employees, contractors and agents) from all losses, claims, damages, and expenses incurred by KYC Management (and/or its relevant affiliated company/ies, director(s), employee(s), contractor(s) and/or agent(s)) arising from my/our use of any services and my/our submission of the form.
I/We understand and agree that KYC Management provides no guarantees that its service and software will always be safe, secure, or error-free, or that it will function without disruptions, delays, or imperfections. In no event shall KYC Management be responsible or liable for any failure or delay in the performance of its services arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, epidemics and pandemics, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services.
I/We, on behalf of myself/ourselves and anyone else whose data I/we provide to KYC Management, explicitly agree and consent to the cross border transfer of any personal data, information and documents provided to and collected by KYC Management through the Form, including the transfer of such data to affiliated companies of KYC Management and any third party entities that have agreed to appropriate confidentiality terms with KYC Management. I/We, on behalf of myself/ourselves and anyone else whose data I/we provide to KYC Management, further agree that KYC Management may transfer, store, or process your personal information in locations outside the Hong Kong SAR.
I/We acknowledge and agree that KYC Management may amend these Terms by written notice to me/us and/or by posting the amended terms on its website.
I/We acknowledge and agree that I/we may not assign rights under these Terms without KYC Management’s written consent. KYC Management may assign or transfer its rights under these Terms to other companies within KYC Management’s group. These Terms will be enforceable against or by a party’s permitted successors or assigns.
I/We acknowledge that these Terms are subject to the laws of Hong Kong, and that any claim brought hereunder or in connection herewith shall be subject to the exclusive jurisdiction of the courts of Hong Kong. To the extent that any provision of these Terms is found by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision shall be deemed not to be a part of these Terms. It shall not affect the enforceability of the remainder of these Terms nor shall it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.
I/We agree that KYC Management will only retain your personal data for as long as we have a lawful reason to do so. KYC Management will process and store the relevant personal data for the duration of our services. KYC Management may also store the data for processing in our local servers and KYC Management databases, or use third party Cloud vendors and data processors where we have contractual security measures and reassurances of enhanced security measures in place for as long as it is necessary or required in order to fulfil legal, contractual or statutory obligations or for the establishment, exercise or defence of legal claims, and in general where it has a legitimate interest for doing so. In particular:
where we have collected your personal data for the purposes of anti-money laundering legislation, including for identification, screening and reporting, we will retain that personal data for five (5) years after the termination of our relationship with the relevant professional firm, unless we are required to retain this information by another law or for the purposes of court proceedings; or
otherwise, we will in most cases retain your personal data for a period of seven years after the termination of our contractual or other relationship with the relevant professional firm in case any claims arise out of the provision of our services to you and/or the relevant professional firm.