I-LIBERTY PORTAL USER TERMS AND CONDITIONS
YOUR USE OF THIS I-LIBERTY PORTAL CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE.
i-Liberty Portal, together with the applications, knowledge bases and information contained in it (collectively named as “i-Liberty Portal”) is owned and
operated by Liberty International Insurance Limited (“LIIL”), who is willing to grant you access to the i-Liberty Portal upon the condition that you would
accept all of the following terms and conditions. Please read this license agreement carefully before confirming your acceptance to this agreement. By
entering your user ID and password in the i-Liberty Portal LOGIN PAGE, you agree to be bound by the following terms of this Liberty International Insurance
Limited License Agreement (“Agreement”).
To access to all pages of the i-Liberty Portal requires a User ID and password.
By accessing the i-Liberty Portal you warrant that you are the genuine user (hereinafter referred to an “Authorised User”) and that you have the legal
capacity to enter into and accept all the terms of this Agreement.
ACCESS TO I-LIBERTY PORTAL
Subject to this Agreement, LIIL hereby grants the Authorised User a non-exclusive, non-transferable, revocable, limited license to use the i-Liberty
Portal for normal business purposes. This license will terminate if:
a) The Authorised User violates LIIL’s Acceptable User Policy as stated in Clauses 35 to 42 of this Agreement or;
b) Either party, at any time, with or without cause, gives 30 days’ notice either in writing or by email of termination to the other party. LIIL reserves
all rights not explicitly granted in this Agreement.
In accessing the i-Liberty Portal, the Authorised User acknowledges and agrees that it will be bound by the terms and conditions of this Agreement.
The Authorised User is responsible for maintaining the confidentiality of and agrees not to disclose his/her ID and password to any other person. The
Authorised User is responsible for all activities that occur under his/her ID and password and for all charges for connection to the i-Liberty Portal,
including all necessary access lines and telephone and computer equipment. The Authorised User agrees to comply with the Acceptable User Policy
(Clauses 35 to 42) of this Agreement.
LIIL may at any time deny any user access to the i-Liberty Portal or deny, change, or terminate any user’s ID and password, with or without cause, and
The Authorised User acknowledges and agrees that there are minimum system requirements applied and shall be maintained by he/she for the purpose of
accessing the i-Liberty Portal.
The minimum system requirements are PC and 512Kbps Broadband modem Internet Access.
Except as expressly provided herein, nothing contained herein shall be construed as conferring any licence or right, by implication, estoppels or
otherwise, under copyright or other intellectual property rights. You agree that the contents of the i-Liberty Portal are protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws.
INTELLECTUAL PROPERTY RIGHTS
The names of LIIL and its products and any derivation thereof, referred to in the i-Liberty Portal are the intellectual property of LIIL. All other
products and company names are trademarks of their respective owners. LIIL retains all rights, including copyright, in the contents of the i-Liberty
Portal (the “Information”). All intellectual property rights, including but not limited to trade marks, copyright, database rights and patents,
together with the underlying software source code on the i-Liberty Portal and the contents published in the i-Liberty Portal, unless otherwise
indicated, are owned either by LIIL or made available to the i-Liberty Portal from third parties engaged by LIIL. No user has right in any intellectual
property rights in relation to LIIL’s products including for the avoidance of doubt the Cover Notes or Certificates of Insurance or Insurance Policies
and the contents published on the i-Liberty Portal, except as expressly granted in this Agreement, and no user can take any action or permit any action
to be taken which is inconsistent with the foregoing.
The Authorized User agrees:
a) To reproduce LIIL’s copyright notice in all copies of its Information and the copyright notices of third parties in all copies of Information provided
by third parties;
b) Not to distribute, demonstrate, allow access to, or otherwise disclose i-Liberty Portal or any of its documentation to any third party except in
accordance with the terms of this Agreement;
c) Not to sublicense, assign or transfer i-Liberty Portal (or any part thereof) or this license to access and use i-Liberty Portal to any third party
except in accordance with the terms of this Agreement;
d) The Contents of this i-Liberty Portal System is for your use only for the purpose of carrying out the obligations under the letter of authorisation
issued to you by LIIL in respect of issuing insurance documents. The Authorized User may not copy, reproduce, recompile, decompile, disassemble, reverse
engineer, modify, distribute, publish, display, perform, upload to, create derivative works from, transmit or in any way exploit any part of the i-Liberty
Portal or its contents, save as may be required by law, expect that it may download and upload Information and Data for its normal business purposes;
e) Not to distribute i-Liberty Portal or its contents over any other medium including but not limited to a computer network or hyperlink framing on the
internet, without LIIL’s prior written consent;
f) To acknowledge that he/she does not acquire any ownership rights by virtue of the downloading of any Information or other copyrighted material from
g) All rights not expressly granted to the Authorized User hereunder are expressly reserved to LIIL.
USE OF DATA
LIIL acknowledges that the Authorised User owns all rights in any data submitted by him/her to LIIL or entered onto i-Liberty Portal by the Authorised
User (the “User Data”) other than information, ideas, methods, and analyses developed or contributed by LIIL that included in the User Data. The
Authorised User will allow LIIL to compile statistical and other data from the User Data and the intellectual property rights in this compilation or
database will belong to LIIL and LIIL may exploit this compilation of database as it sees fit.
To the extent that any User Data contains information in relation to which an state or country imposes data protection or privacy obligations, the
Authorised User will be responsible for compliance with such legislation, laws, regulations, codes of practice or market standards in all relevant
jurisdictions in so far as they relate to his/her right to use such information, transfer it to LIIL and for LIIL to hold it in electronic form on the
i-Liberty Portal and use it in performing services for the Authorised User and other third parties. The User Data will be processed by LIIL in
servicing its relationship with the Authorised User, including using the User Data for the purposes of producing Cover Notes or Certificates of
Insurance or Insurance Policies and compiling and producing statistical data there from and, where necessary in the performance of the obligations of
LIIL under this Agreement. To the extent that any User Data constitutes “personal data” under the Schedule 1 of the Personal Data (Privacy) Ordinance,
Cap. 486, Laws of Hong Kong, the Authorised User represents, warrants and undertakes that he/she has properly and lawfully obtained the express consent
from the data subject (as defined in accordance with the Personal Data (Privacy) Ordinance) to the use of such data for the above purposes. The
Authorised User agrees to indemnify, and to keep indemnified, LIIL against all loss or damage that any arise, directly or indirectly, as a result of
the Authorised User’s failure or the failure of any of his/her representatives to comply with the provisions of this clause.
Where an Authorised User enters User Data onto the i-Liberty Portal, it shall be entirely responsible for the content, currency and accuracy of such
User Data. The i-Liberty Portal is not responsible for reconciling such User Data with any other record the Authorised User or any other party may
hold, but may at its discretion offer the Authorised User or any other party reasonable assistance in attempts to ascertain or clarify the accuracy of
such User Data. The Authorised User shall be entirely responsible for the contents of any cover note, certificate of insurance or insurance policy.
Where an Authorised User enters User Data onto i-Liberty Portal, he/she warrants and undertakes that it is not respect of a fraudulent policy or claim
or in respect of any person who is subject to any sanction or prohibition imposed under any relevant legislation. For the avoidance of doubt, LIIL
shall not be liable for any breach by any Authorised User of any sanction or prohibition.
The Authorised User acknowledges and agrees that LIIL and any insurer may disclose any User Data to any legal or regulatory authority.
LIIL may automatically receive and record information on its server logs from the Authorized User’s browser, including his/her IP address and the page
he/she requested. LIIL may also set and access LIIL’s cookies on the Authorised User’s computer.
For details of the use of User Data submitted through the i-Liberty Portal, the Authorized User should also refer to the Personal Information
Collection Statement (“PICS”) of this i-Liberty Portal.
LINKS TO OTHER SITES
The i-Liberty Portal may include links to other websites. However, LIIL makes no representation whatsoever about any other website that may be accessed
through i-Liberty Portal. LIIL does not endorse or accept any responsibility for the contents or the use of any website to which a link is provided nor
are LIIL affiliated in any way with the proprietor of any such website. LIIL does not warrant that the i-Liberty Portal is compatible with the
Authorised User’s equipment nor that it is free from errors or viruses worms or “Trojan horses” and LIIL is not liable for any damages the Authorised
User may suffer as a result of such features. The contents of other websites, systems, products or advertisements that may be linked to the i-Liberty
Portal are neither maintained nor controlled by LIIL. The Authorised User acknowledges that LIIL has the right to change the contents or technical
specifications of any aspect of i-Liberty Portal at any time at LIIL’s sole discretion. The Authorised User understands the third-party contributors to
the i-Liberty Portal may choose at any time to prohibit their contents from being accessed.
Linking or “deep” linking to any page other than the front or home page within the i-Liberty Portal is prohibited without the express authorisation of
LIIL. The Authorised User agrees that it will not create, post, display, publish or distribute any link to any page other than the front two pages
(LOGIN PAGE and HOME PAGE) of the i-Liberty Portal for any purpose, unless specifically authorised by LIIL in writing to do so. In order to obtain
permission to link to the i-Liberty Portal in any manner, the Authorised User must contact LIIL to seek for approval.
The use of any tools, programs, robotic algorithms or products to automatically download or “spider” i-Liberty Portal or any of the pages of i-Liberty
Portal is an infringement of LIIL’s copyrights and is totally forbidden. The Authorised User agrees that he/she will not use any such tools, programs,
robotic algorithms or products on or in connection with the i-Liberty Portal.
LIMITATION OF LIABILITY
The Authorised User acknowledges and agrees that no system or technique can guarantee the security of the User Data because the User Data is on the
Internet, which is a public network. LIIL shall not be liable for any damage or loss whatsoever to the Authorised User resulting from unauthorised
access to the i-Liberty Portal.
The Authorised User agrees that if he/she uses the i-Liberty Portal to give instructions to LIIL, LIIL shall not be deemed to have accepted such
instructions until it communicates such acceptance to the Authorised User. Similarly, if LIIL uses the i-Liberty Portal to give instructions to the
Authorised User, those instructions shall not be deemed accepted until the Authorised User communicates such acceptance to LIIL
It is hereby agreed that:
a) The information, i-Liberty Portal and the user data are provided to the Authorised User on an “as is” basis and the use of such information, i-Liberty
Portal and user data shall be at the Authorised User’s sole risk and LIIL is not responsible or liable for the loss of any information or data transmitted
by, to or on behalf of the Authorised User;
b) Unless implied by statute, common law or other provisions permitted by law, the Authorized User must bound by all warranties, conditions and other terms
stated in this Agreement;
c) LIIL does not guarantee that any cover note or certificate of insurance or insurance policy generated, downloaded or printed from the i-Liberty Portal
will be acceptable to any Government agency or commercial as proof of the existence of a valid insurance contract whether under a letter of credit or
d) Save as set out expressly herein, LIIL does not make any representation or warranty to the Authorised User:
(i) That any part of the i-Liberty Portal will operate uninterrupted or error-free;
(ii) That defects will be corrected;
(iii) That i-Liberty Portal or the server that makes it available are free of viruses or other harmful components and it is the Authorised User’s
responsibility to use suitable anti-virus software on any software or other material which it may download from the i-Liberty Portal;
(iv) That transmission to or from the i-Liberty Portal and access to the i-Liberty Portal will not be interrupted, discontinued or error-free.
e) Regarding the use or the results of the use of i-Liberty Portal in terms of its quality, correctness, accuracy, reliability, or otherwise, no oral or
written information or advice given by LIIL, its employees or representatives shall create a warranty or in any way increase the scope of the obligations
of LIIL, its employees or representatives hereunder. Some jurisdictions do not allow the exclusion of implied warranties, in which case these disclaimers
will not apply to you.
The Authorised User recognises that the internet consists of multiple participating networks that are separately owned and therefore are not subject to
the control of LIIL and that LIIL’s ability to make available the i-Liberty Portal to the Authorised User depends on internet services and
telecommunications services provided service providers (“ISP”) or of any of the networks that form the internet or of the telecommunications networks
may make i-Liberty Portal temporarily or permanently unavailable. So the i-Liberty Portal may require scheduled or unscheduled maintenance rendering it
temporarily or permanently unavailable.
The Authorised User agrees that LIIL shall not be liable for damages incurred or sums paid when i-Liberty Portal is temporarily or permanently
unavailable whatever the cause and whether within the control of LIIL or not.
a) Under no circumstances including, without limitation LIIL’s negligence (save that no exclusion is hereby made by LIIL’s liability for death or personal
injury), shall LIIL be liable for any loss or damages including, without limitation, direct, special, indirect, punitive, consequential, exemplary and/or
incidental loss or damages, including but not limited to lost revenues or lost profits, that result from the Authorised User’s access to or user of (or
inability to access or use) the i-Liberty Portal, any content and/or any related software, even if LIIL or one of its authorised representatives have been
advised of the possibility of such damages, and regardless of the theory of liability upon which any claim of liability may be based.
b) The Authorised User shall indemnify, defend and hold harmless LIIL , its affiliates, subsidiaries, officers, directors, employees, attorneys and agents,
from and against any and all loss, damages, claims and actions brought by any third party resulting from the Authorised User’s access in relation to the
i-Liberty Portal or its contents which is in breach of this Agreement or the infringement by the Authorised User of any intellectual property rights of any
person or entity in connection with this Agreement.
The provisions of and the exclusions and limitations contained in clauses 24 to 34 considered reasonable by the Authorised User having regard to all the
circumstances which are, will be or ought reasonably to be known to or in the contemplation of the Authorised User and LIIL’s at the date of this Agreement
including the fact that the Authorised User is responsible for all User Data posted on the i-Liberty Portal.
LIIL may make improvements or changes to the i-Liberty Portal without notice. LIIL may also modify this Agreement at any time, and such modification
shall be effective immediately upon posting of the modified Agreement on the i-Liberty Portal. Accordingly, the Authorised User’s continued access or
use of the i-Liberty Portal is deemed to be its acceptance of the modified Agreement.
This Agreement represents the entire agreement between both parties and supersedes all previous oral and written agreements with respect to the subject
No delay or omission by LIIL to exercise any right or any non-compliance on the part of the Authorised User with respect to the terms and conditions of
this Agreement shall impair any such right or be construed to be a waiver by LIIL . If any provision of the Agreement is found by a court of competent
jurisdiction to be invalid or unenforceable in whole or in part, such provision shall, as to such jurisdiction, be ineffective to the extent of such
invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining
provisions hereof in any jurisdiction, provided, however, that if such invalid or unenforceable provision may be modified so as to be valid and
enforceable as a matter of law, such provision will be deemed to have been modified so as to be valid and enforceable to the maximum extent permitted
The Authorised User agrees that the terms of this Agreement, combined with its act of using the i-Liberty Portal and/or the services offered on or
through the i-Liberty Portal have the same legal force and effect as a written contract with its written signature and satisfy the laws that require
writing or signature. The Authorised User further agrees that it shall not challenge the validity, enforceability or admissibility of the terms of this
Agreement on the grounds that it was electronically transmitted or authorised. In addition, he/she acknowledges that it has had the opportunity to
print the terms of this Agreement.
In the event of dispute between LIIL and the Authorized User where a matter is unable to be resolved through mutual agreement after 90 days have
elapsed from the date of dispute being notified to either party in writing, any party may elect to appoint an independent arbitrator.
The parties shall agree on the appointment of an independent arbitrator within 7 days of notification of one party by the other or others of the
intention to have a matter resolved by an independent arbitrator.
If the parties are unable to agree on an independent arbitrator within this 7 day period, the party first originating the request to appoint an
independent arbitrator will have the right to unilaterally appoint an independent arbitrator subject to the terms of Clause 32 set out below.
Unless mutually agreed by the parties in accordance with clause 30, the arbitrator must be either:
a) A registered Arbitrator recognize by the Courts of Hong Kong; or
b) A retired or currently serving Magistrate/Judge of the Law Courts of Hong Kong SAR.
33. The cost of arbitration will be borne equally between the parties.
34. Both parties agree that the decision of the arbitrator shall be binding on all parties.
ACCEPTABLE USER POLICY (“Policy”)
35. The Authorised User is prohibited from violating, or attempting to violate, the security of the LIIL’s Network. Any violation may result in criminal
and civil liabilities to the Authorised User. LIIL will investigate any alleged violation and will cooperate with law enforcement agencies if a criminal
violation is suspected. Examples of violations of the security of the LIIL’s Network include, without limitation, the followings:
a) Accessing data not intended for you;
b) Attempting to probe, scan, or test the vulnerability of a system or network;
c) Breaching security or authentication measures without proper authorization;
d) Attempting to interfere with service to any user, host, or network including, without limitation, via means of overloading, “flooding,” “mail bombing,”
e) Taking any action in order to obtain services to which the Authorised User is not entitled.
36. The LIIL’s Network may only be used for lawful purposes. For example, the Authorised User may not use the LIIL’s Network to create, transmit,
distribute, or store material that:
a) Violates a patent, trademark, copyright, trade secret, or other intellectual property rights of others;
b) Violates the privacy, publicity, or other personal rights of others;
c) Impairs the privacy or communications;
d) Contains obscene or pornographic content;
e) May be threatening, abusive, or hateful;
f) Violates export control laws or regulations;
g) Encourages conduct that would constitute a criminal offence or give rise to civil liability;
h) Causes technical disturbances to the LIIL’s Network, including, but not limited to, introduction of viruses, worms, or other destructive mechanisms;
i) Violates reasonable regulations of Liberty International Insurance Limited’s or other service providers with respect to the Liberty International
Insurance Limited’s Network;
j) Constitutes deceptive on-line marketing;
k) Assists or permits any persons in engaging in any of the activities described above.
If the Authorised User becomes aware of any such activities, the Authorised User is obligated to immediately notify LIIL and take all other appropriate
actions to cause such activities to cease.
37. EasyCare Quotation calculator is just a tool to help you assess your client’s benefits need. It is intended to provide general guidance and should not
be treated as a substitute for professional advice. The final premium rate will be subject to our Company’s underwriting approval. Premium rate as
illustrated in this quotation calculator are for reference only. Quotation generated from this tool is not protected in Liberty’s proposal system. Policy
will be issued according to the information in the original application submitted.
MOTOR COVER NOTES, CERTIFICATES OF INSURANCE AND INSURANCE POLICIES
38. The intent of this Agreement is to ensure the integrity, security, reliability, and privacy of i-Liberty Portal, its systems, products, services,
server hosting facilities and data contained within. No Authorised User may print a cover note or certificate of insurance or insurance policy and no
Authorised User may reproduce or make any alteration to a cover note or certificate of insurance or insurance policy without the express written consent of
39. The Authorised User may only print and distribute the Cover Notes or Certificates of Insurance or Insurance Policies in accordance with the terms and
conditions of the applicable insurance policy.
40. The Authorised User shall not use the Cover Notes or Certificates of Insurance or Insurance Policies in a way that violates the privacy rights of any
third party or any applicable law or interfere or allow interference with the proper functioning of the Cover Notes or Certificates of Insurance or
Insurance Policies or issue, down load, print or distribute Cover Notes or Certificates of Insurance or Insurance Policies except in compliance with the
terms of this Agreement.
41. The Authorised User shall at all times comply with all applicable laws and rules in any relevant territories in relation to the use and production of
the Cover Notes or Certificates of Insurance or Insurance Policies.
42. LIIL may or may not with notice restrict, suspend or terminate the Authorised User’s right to issue the Cover Notes or Certificates of Insurance or
Insurance Policies in whole or in part.
CONSEQUENCES OF UNACCEPTABLE USE
43. LIIL reserves the right to suspend or terminate the Authorized User’s access to the LIIL’s Network upon notice of violation of this Policy. Indirect or
attempted violations of this Policy, actual or attempted violations by a third party on behalf of the Authorised User, shall be considered a material
violation of this Agreement by the Authorised User. Furthermore, it is a violation of this Policy to use the services of another provider for the purposes
of facilitating any of the activities described above if such use of another provider’s service could reasonably be expected to affect/prejudice LIIL’s
In the event of any discrepancy between the Terms & Conditions in this License Agreement and the terms & conditions stated in a separate written
agreement expressly endorsed by LIIL and your company (“Endorsed Agreement”), the Terms & Conditions in the Endorsed Agreement should prevail.