Terms and Conditions for Receiving Notices, Documents and Other Communications by Electronic Means
The following terms and conditions (these “Terms and Conditions”) of eMPF Platform Company Limited (“we” or “us”) shall apply to the Registered User (defined below) in relation to the delivery of notices, documents and other communications.
For the purposes of these Terms and Conditions:
(a) “approved trustee” has the same meaning given under section 2 of the MPFSO;
(b) “Company Authorized Person” means, in relation to the Registered User which is not an individual, the person from time to time authorized by the Registered User to act for and on its behalf for all matters relating to or to be transacted on the eMPF Platform, and identified as the “Company Authorized Person” on the eMPF Platform;
(c) “designated email address” means the electronic mail address from time to time provided to us by the Registered User for use in connection with the eMPF Platform;
(d) “designated mobile number” means the mobile number from time to time provided to us by the Registered User for use in connection with the eMPF Platform;
(e) “Electronic Means” means, in relation to the MPFSO Notices, the eMPF Platform or, in relation to the Non-MPFSO Notices, the eMPF Platform, the electronic mail sent to the designated email and/or short message service (SMS) sent to the designated mobile number;
(f) “eMPF Platform” means the digital environment and infrastructure from time to time maintained by or for and on behalf of us for the purpose of provision of Scheme Administration Services, which is accessible by the Registered User through the internet, mobile application and other electronic devices or means;
(g) “MPF scheme” has the same meaning as “registered scheme” given under section 2 of the MPFSO;
(h) “MPFSO” means the Mandatory Provident Fund Schemes Ordinance (Cap. 485 of the Laws of Hong Kong);
(i) “MPFSO Notices” means any notice or document from time to time to be given to the Registered User for the purposes of the MPFSO which, if given by us, may either be in our own capacity or for and on behalf of any approved trustee;
(j) “Non-MPFSO Notices” means any notice, document or other communication other than a MPFSO Notice from time to time to be given to the Registered User which, if given by us, may either be in our own capacity or for and on behalf of any approved trustee;
(k) “participating employer” has the same meaning given under section 2 of the MPFSO;
(l) “person” means any individual, firm, company, public body and body of persons (whether corporate or unincorporated), and includes the personal representative or liquidator of, and other similar person appointed in relation to, the person;
(m) “Registered User” means any person (whether in the capacity of participating employer or scheme member) participating or having participated in any MPF scheme which is administered by us, and who are registered with the eMPF Platform;
(n) “Regulation” means the Mandatory Provident Fund Schemes (General) Regulation (Cap. 485A of the Laws of Hong Kong);
(o) “Scheme Administration Services” means the scheme administration services provided by us pursuant to section 19K(1)(b) of the MPFSO to facilitate approved trustees of MPF schemes in performing their scheme administration functions;
(p) “scheme member” has the same meaning given under section 2 of the MPFSO;
(q) if the Registered User is not an individual, references to the Registered User shall mean the Registered User acting through the Company Authorized Person; and
(r) words importing the singular shall include the plural and vice versa; and words importing a gender shall include all other genders.
1. Consent for MPFSO Notices to be given through the eMPF Platform
1.1. By registering with the eMPF Platform and consenting to being given the MPFSO Notices through the Electronic Means, the Registered User acknowledges and agrees that:
(a) all MPFSO Notices and Non-MPFSO Notices will be given by us to the Registered User through the Electronic Means only unless the provisions in paragraph 3 below apply;
(b) we will notify the Registered User of the availability of any MPFSO Notices on the eMPF Platform by means of either electronic mail sent to the designated email address or short message service (“SMS”) sent to the designated mobile number and, in so doing, we will adhere to any preference from time to time indicated by the Registered User and will only make use of the other communication channel if we are of the view that any notification cannot be successfully given through the preferred communication channel;
(c) we will send any Non-MPFSO Notices to the Registered User directly through any of the Electronic Means as we may consider appropriate;
(d) the arrangements in sub-paragraphs (a) to (c) above apply in the same way to all MPF accounts from time to time maintained by the Registered User under any MPF schemes which are administered by us; and
(e) the arrangements in sub-paragraphs (a) to (c) above supersede any communication arrangements from time to time agreed between the Registered User and the approved trustees of the MPF schemes of the Registered User in so far as the MPFSO Notices and Non-MPFSO Notices are concerned, such that (i) unless consent is not given in accordance with paragraph 2 below, the MPFSO Notices will be given to the Registered User through the Electronic Means notwithstanding any other communication arrangements from time to time agreed between the Registered User and the relevant approved trustees; and (ii) Non-MPFSO Notices may still be sent to the Registered User by the relevant approved trustees in accordance with the communication arrangements from time to time agreed between them.
1.2. The Registered User will inform us of any change of the designated email or designated mobile number (including any indication of preference thereof) to ensure the records maintained by us on the eMPF Platform are up-to-date at all times. Notification of change should only be made in the manner prescribed by us, and if notification is made otherwise than through the eMPF Platform, the Registered User should inform us at least 7 days in advance of any such change. We will confirm with the Registered User our records of the designated email and designated mobile number (including any indication of preference thereof) through the Electronic Means as soon as the change becomes effective.
2. Change of consent status for MPFSO Notices to be given through the eMPF Platform
2.1. The Registered User may change the status of the consent to being given the MPFSO Notices through the eMPF Platform (i.e. from “yes” to “no” and vice versa) at any time on the eMPF Platform, and any such change will take immediate effect without further notification from us.
2.2. If consent to being given the MPFSO Notices through the eMPF Platform is not given to us, the Registered User will receive the MPFSO Notices in printed form in accordance with sections 206(1) and 206(1A) of the Regulation irrespective of any other communication arrangements between the Registered User and the relevant approved trustee to which the MPFSO Notices relate.
2.3. For the avoidance of doubt, any change in the consent status will not (i) affect the Non-MPFSO Notices which will continue to be sent to the Registered User by any of the Electronic Means as we consider appropriate; and (ii) Non-MPFSO Notices may continue to be sent by the relevant approved trustees to the Registered User in accordance with the communication arrangements from time to time agreed between them.
3. Alternative mode of delivery
3.1. In the event:
(a) we become aware that any MPFSO Notice cannot be successfully given to the Registered User through the Electronic Means, and we are unable to obtain updated information about the designated email and / or designated mobile number from, or otherwise resolve the issue with, the Registered User within a period of 60 days after becoming so aware; or
(b) we are given notice of the death or mental incapacitation of the Registered User (as applicable);
we will (i) give the MPFSO Notices to the Registered User in printed form in accordance with sections 206(1) and 206(1A) of the Regulation; and (ii) give the Non-MPFSO Notices to the Registered User in the same manner as with the MPFSO Notices, or in such other manner as we consider appropriate, having regard to the circumstances and the nature of the notice.
3.2. In the event we are satisfied that a liquidator (including provisional liquidator and other persons having similar functions) has been appointed in respect of the Registered User for its winding up or dissolution, the Registered User’s consent to being given the MPFSO Notices through the eMPF Platform will be deemed revoked, and we will give the MPFSO and Non-MPFSO Notices to the Registered User in printed form in accordance with the contact details provided by the liquidator.
4. Availability of MPFSO Notices and Non-MPFSO Notices
4.1. The MPFSO Notices and those Non-MPFSO Notices sent through the eMPF Platform will remain available on the eMPF Platform for 7 years from the date of issuance. Non-MPFSO Notices given by Electronic Means other than the eMPF Platform will not be re-issued after dispatch, and the Registered User is advised to keep a record of any such Non-MPFSO Notices for future reference.
5. Miscellaneous
5.1. If there is any inconsistency or ambiguity between the English and Chinese versions of these Terms and Conditions, the English version shall prevail.
5.2. We may from time to time and without prior notice amend these Terms and Conditions by making available the latest version at eMPF.org.hk/tncecomm/en. We may inform the Registered User of the revision of these Terms and Conditions through such means as reasonably determined by us but regardless of any such notification, the continued use of the Scheme Administration Services by the Registered User shall constitute their acceptance of these Terms and Conditions as amended from time to time.
For any enquiries on these Terms and Conditions, please send such requests to eMPF Customer Service email via email at enquiry@support.empf.org.hk.
Last Revision Date: 12 / 06 / 2024