The following terms and conditions (“these Terms and Conditions”) of eMPF Platform Company Limited (“we” or “us”) shall apply to the User (as defined below) in connection with (i) the administration and operation of the eMPF Platform (as defined below) and (ii) the provision of Scheme Administration Services (as defined below) by us pursuant to section 19K(1) of the MPFSO (as defined below).
For the purposes of these Terms and Conditions:
(a) “approved trustee” has the same meaning given under section 2 of the MPFSO;
(b) “Authorized Person” means, in relation to the User which is not an individual, any of the Company Authorized Person, and any other person from time to time granted the access to the eMPF Platform by the User for all or only some of the eMPF Platform Functions as may from time to time be permitted by the User, and designated by the User and identified either as the “Scheme Authorized Person” or “Other Authorized Person” on the eMPF Platform;
(c) “Company Authorized Person” means, in relation to the User which is not an individual, the person authorized by the User to register it for the eMPF Platform and / or to act for and on its behalf for all eMPF Platform Functions (including such other person from time to time so authorized by the User), and identified as the “Company Authorized Person” on the eMPF Platform;
(d) “designated email” means the electronic mail address designated by the User at the time of registration with the eMPF Platform and as the same may from time to time be updated on the eMPF Platform;
(e) “designated mobile number” means the mobile number designated by the User at the time of registration with the eMPF Platform and as the same may from time to time be updated on the eMPF Platform;
(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 User through the internet, mobile application and other electronic devices or means;
(g) “eMPF Platform Functions” means all electronic functions, transactions, services, instructions and communications which may from time to time be conducted by, or available to, the User via the eMPF Platform;
(h) “MPF scheme” has the same meaning as “registered scheme” given under section 2 of the MPFSO;
(i) “MPFA” means the “Mandatory Provident Fund Schemes Authority” established by section 6 of the MPFSO;
(j) “MPFSO” means the Mandatory Provident Fund Schemes Ordinance (Cap. 485 of the Laws of Hong Kong);
(k) “MPFSO Notices” means any notice or document from time to time to be given by us (whether in our own capacity or for and on behalf of any approved trustee) to the User for the purposes of the MPFSO;
(l) “Non-MPFSO Notices” means any notices, documents or other communication from time to time to be given by us (whether in our own capacity or for and on behalf of any approved trustee) to the User which is not a MPFSO Notice;
(m) “Offline Channels” means the offline channels from time to time adopted by us for the purpose of provision of Scheme Administration Services and include, without limitation, post, facsimile transmission, drop box and counter services;
(n) “Other Delegate” means, in relation to a User which is not an individual, the person from time to time authorized by the User to give instructions to and communicate with the approved trustee and/or us, otherwise than through the eMPF Platform, in connection with its MPF scheme with the approved trustee;
(o) “participating employer” has the same meaning given under section 2 of the MPFSO;
(p) “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;
(q) “Regulation” means the Mandatory Provident Fund Schemes (General) Regulation (Cap. 485A of the Laws of Hong Kong);
(r) “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;
(s) “scheme member” has the same meaning given under section 2 of the MPFSO;
(t) “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;
(u) if the User is not an individual, (i) provisions relating to the Authorized Person or the Other Delegate, which are otherwise inapplicable if the User is an individual, shall apply; and (ii) references to the User shall mean the User acting through the Authorized Person or the Other Delegate, as applicable; and
(v) words importing the singular shall include the plural and vice versa; and words importing a gender shall include all other genders.
1. Registration with the eMPF Platform
1.1 The eMPF Platform serves as a one-stop electronic platform for Users to manage their accounts across different MPF schemes on a secure and paperless basis. Registration with the eMPF Platform is voluntary. If the User is not an individual, the User will act through the Company Authorized Person for such registration. To register, the User and / or the Company Authorized Person shall:
(a) provide us with accurate, complete and updated registration information and documents as we may from time to time require;
(b) complete such verification of identity and status as may be required under the relevant registration procedures; and
(c) agree, through the eMPF Platform, to be bound by these Terms and Conditions.
1.2 The User or, if the User is not an individual, its Company Authorized Person shall create a username and password, and provide either the designated email or designated mobile number or both, for access to and use of the eMPF Platform. The User accepts the sole responsibility for evaluating the security features of the eMPF Platform, and for setting up, maintaining and reviewing security arrangements relating to the access to, and use of, the eMPF Platform and, if applicable, the control and use of the username, password, designated email and/or designated mobile number. The User undertakes or, if the User is not an individual, the User will ensure its Company Authorized Person, and the Company Authorized Person hereby undertakes, to (i) keep the username and password confidential; (ii) act in good faith and exercise all diligence in safeguarding the security thereof; and (iii) use them in accordance with these Terms and Conditions.
1.3 The User and the Company Authorized Person warrant that all information and documents submitted for the purpose of registration are, to the best of their knowledge, accurate, complete and up-to-date. We may process the registration application only when we are provided with all the necessary information and documents and, if applicable, after we are satisfied that all necessary consents and/or approvals have been obtained by the User.
1.4 The User and the Company Authorized Person acknowledge that it is an offence under section 43E of the MPFSO to make a statement which is false or misleading in any material respect.
1.5 The User and the Company Authorized Person may change or reset the password, designated email and designated mobile number via the eMPF Platform, which may become effective only when processed and accepted by us.
1.6 This paragraph applies if the User is not an individual.
(a) The User warrants and undertakes (i) that all necessary actions, consents and/or approvals have been taken or obtained by the User to authorize the Company Authorized Person to act on behalf of the User for all eMPF Platform Functions; (ii) that the Company Authorized Person is duly authorized by the User to act on its behalf unless and until the termination of such appointment is effected by the User in the prescribed manner and accepted by us; and (iii) to cancel the appointment of the Company Authorized Person upon his departure from the User’s business or other circumstances considered appropriate by it.
(b) The Company Authorized Person warrants and undertakes (i) to access and use the eMPF Platform only in accordance with the directions and instructions of the User; (ii) to cease to access and use the eMPF Platform immediately when he reasonably believes that the authority to act on behalf of the User is revoked; and (iii) he has read and consented to the Personal Information Collection Statement in sub-paragraph (c) below.
(c) Personal data of the Company Authorized Person which may be collected, processed and held by us for the purposes of registration of the User for the eMPF Platform through its Company Authorized Person and the continued use thereof includes the Company Authorized Person’s name, mobile number and / or email which may be used in connection with the provision of Scheme Administration Services by us and may, for such purposes, be transferred or disclosed to the approved trustees of the User’s MPF schemes, our contractors and service providers and the MPFA. If the Company Authorized Person fails to provide such personal data and other information, or if they are inaccurate or incomplete, it may result in delay or our inability to process the registration.
(d) The Company Authorized Person may request access to, or correction of, the personal data being held by us. For any such request, please contact our Data Protection Officer, whose contact details are set out in the Personal Information Collection Statement at empf.org.hk/pics/en.
2. Management of Authorized Person on the eMPF Platform
2.1 This paragraph applies if the User is not an individual.
(a) The User will, and will procure each of the Authorized Person to, observe all relevant user guides and such other guidance or requirements from time to time made available or required by us for the appointment of Authorized Person and termination thereof, the use of username and password and the security thereof, and the management of the scope of their authorities and access rights.
(b) Without prejudice to the generality of sub-paragraph (a) above, the User acknowledges and agrees that:
(i) there will at all times be at least one Company Authorized Person to act on behalf of the User;
(ii) the Company Authorized Person may from time to time appoint one or more Scheme Authorized Person and / or Other Authorized Person, and a Scheme Authorized Person may, in respect of the MPF scheme for which he has been appointed as the Scheme Authorized Person, from time to time appoint one or more Other Authorized Person, to act for and on behalf of the User for all or only some of the eMPF Platform Functions, subject to such requirements, rules, arrangements, conditions and limitations as may from time to time be prescribed by us and implemented on the eMPF Platform; and
(iii) we may in accordance with paragraph 5 below act on the instructions submitted through the eMPF Platform by any of the Authorized Person even if those instructions are in conflict with the terms of any instructions or mandates at any time given by the User in respect of its MPF accounts whether to any of the approved trustees or us.
(c) The User will, and will procure the Authorized Person to, review the details about the eMPF Platform Functions and, in particular, the management of scope of authorities and access rights, before proceeding with any appointment of the Authorized Person.
(d) The provisions under paragraphs 1.1 to 1.6 will, to the extent applicable, apply to the appointment of any Company Authorized Person by the User after the initial registration with the eMPF Platform as if references therein to registration with the eMPF Platform would mean the appointment of the Company Authorized Person and such other necessary changes having been made.
3. Using the eMPF Platform
3.1 The User and the Authorized Person undertake:
(a) to use the eMPF Platform only for lawful purposes and in accordance with the user guides and other guidance or requirements from time to time made available or required by us;
(b) to log off from the eMPF Platform immediately after use and not to leave any logged in session unattended;
(c) to update and / or provide additional information to ensure that the information about the User or the Authorized Person on the eMPF Platform is up-to-date;
(d) to be responsible for all hardware and software (including security thereof) and all costs associated with the access to and use of the eMPF Platform;
(e) not to use, copy, distribute, transmit, broadcast, display, sell, license or publish the information or any part thereof provided in the eMPF Platform, except as permitted in the Copyright Notice eMPF.org.hk/copyrightnotice/en; and
(f) not to interfere with, damage or disrupt any part of the eMPF Platform or any equipment, systems or network used in connection with the eMPF Platform.
4. Scheme Administration Services
4.1 The Scheme Administration Services are provided on an “as is” basis. To the maximum extent permitted by applicable law, we make no warranties, conditions, representations or terms of any kind, whether express or implied, including but not limited to the availability, accuracy, functionality, reliability, non-infringement, security, completeness or reasonableness of information, statements or opinions, or fitness for a particular purpose, in relation to (i) the Scheme Administration Services; (ii) the eMPF Platform or any third-party software that may be used in connection therewith; or (iii) any material or information in the provision of the Scheme Administration Services.
4.2 We do not warrant or represent that the eMPF Platform or any content thereof will be error-free, uninterrupted or free of virus or other features which may adversely affect any hardware, software or equipment.
4.3 We reserve the right, without prior notice to the User, to amend, change and / or impose restrictions on the Scheme Administration Services, in full or in part.
5. Instructions
5.1 The submission of any instructions by the User, whether through the eMPF Platform or the Offline Channels, must be given in the manner prescribed or otherwise agreed by us, and it is the User’s duty to ensure the completeness and accuracy of such instructions.
5.2 Any instruction effected on the eMPF Platform through the use of the username and password of the User or the Authorized Person, or given to us through the Offline Channels and in paper form which bears the relevant specimen signature and given in accordance with such signing arrangements agreed with the relevant approved trustee and/or us, shall be regarded as the instruction by the User. The User requests and authorizes us to proceed with any such instruction, and we shall be under no obligation whatsoever to investigate or verify the circumstances under which the username, password and/or signature are used or signed, and shall only be responsible for either matching the username and password, or checking the signature against the relevant specimen signature, based on our records before granting access to the eMPF Platform or proceeding with any such instruction. If the User or the Authorized Person suspects that there has been any unauthorized disclosure or misuse of the password, or otherwise any unauthorized instructions given through the Offline Channels, the User or the Authorized Person shall immediately change the password and notify us as soon as possible. In accordance with paragraph 8 below, we may suspend the access to the eMPF Platform by the User or the Authorized Person or refuse to proceed with any instruction until we are satisfied that any issues has been resolved to our satisfaction.
5.3 All instructions submitted by the User, whether through the eMPF Platform or the Offline Channels, will be maintained by us for a period of at least 7 years from the date of the relevant instruction, and record of instructions given in the preceding 3 years may be accessed through the eMPF Platform free of charge. Access to record of instructions may also be made by submission of written request through the Offline Channels, subject to verification of identity and status, and receipt of the relevant fee, by us. Records of transactions maintained by us shall be conclusive and binding on the User, save for manifest errors.
5.4 The processing and cut-off times for different instructions submitted through the eMPF Platform or the Offline Channels are set out under the service standards for “digital application” and “paper application” in the service pledge at eMPF.org.hk/servicepledge/en. The User acknowledges that any instructions, once submitted through the eMPF Platform or the Offline Channels, cannot be modified or cancelled, except where any request by the User for modification or cancellation is received by us through the same channel by which the instruction is given, and processed by us before the applicable cut-off time for the relevant instruction. We will make reasonable effort to process such request but we are not liable to the User for our failure to do so.
6. Personal Data
In respect of the User who is an individual, by agreeing to these Terms and Conditions, the User acknowledges that he has read and agrees to the Personal Information Collection Statement at eMPF.org.hk/pics/en, which sets out information regarding the manner in which we may use or deal with his personal data.
7. Limitation of Liability
7.1 Nothing in these Terms and Conditions will limit or exclude either party’s liability for any cost, expense, loss or damage arising from:
(a) death or personal injury caused by negligence;
(b) fraudulent misrepresentation, fraud or wilful default of its obligations under these Terms and Conditions or gross negligence. “Gross negligence” means, for the purpose of these Terms and Conditions, misconduct beyond negligence whereby a party acts with reckless disregard for the consequences of a breach of any duty of care owed in the context of the performance of his obligations under these Terms and Conditions; or
(c) any other liability to the extent it cannot be limited or excluded under applicable laws.
7.2 Subject to paragraph 7.1 above, in no event will we be liable to the User and / or the Authorized Person, whether in tort (including negligence), contract, strict liability or otherwise, for any:
(a) exemplary, punitive, indirect, incidental, special, or consequential cost, expense, loss or damage; or
(b) loss of use, anticipated savings, revenue, opportunity, goodwill, reputation, data or delay in realization of expected savings, in each case, whether direct or indirect.
7.3 Subject to paragraphs 7.1 and 7.2 above, except for direct and reasonably foreseeable losses and damages suffered by the User in respect of the User’s MPF scheme directly caused by our negligence in the performance of our obligations under these Terms and Conditions, we will not be liable or responsible for any claims, losses, damages, costs or expenses of any kind, howsoever caused, arising from the use of, and/or inability to use the Scheme Administration Services, or from any error, omission, misstatement or inaccuracy in the information made available to the User through the Scheme Administration Services, or from any delays, suspensions, interruptions or failures of transmission or delivery, due to internet traffic or transfer of data over communications networks and facilities. The User agrees that the User’s sole remedy for losses in respect of the User’s MPF scheme directly caused by our negligence as mentioned in this paragraph is either:
(a) the crediting of constituent fund units to the User’s MPF scheme account; or
(b) other forms of compensation as we reasonably deem appropriate,
in either case to restore the User’s MPF scheme to the position had the incident not occurred.
7.4 The User and / or the Authorized Person will be liable for all claims, liabilities, losses, damages, costs and expenses of any kind which arise out of or in connection with the use of the Scheme Administration Services to the extent that the same have been caused by any negligent or reckless conduct, wilful misconduct, omission, defamation, breach of statutory duty or breach of any of these Terms and Conditions by the User and / or the Authorized Person.
8. Suspension and Termination of Access to the eMPF Platform
8.1 We may suspend the eMPF Platform at such time and for such period as we consider necessary, whether in whole or in part, for reasons stipulated in the MPFSO including, without limitation, scheduled maintenance and unforeseen circumstances. Notice of such suspension will be made available on the eMPF Platform and our website (www.eMPF.org.hk). We will give notice of suspension in advance but may not be able to do so in all cases such as where the suspension is necessitated by unforeseen circumstances.
8.2 If the User or, if applicable, its Authorized Person, is in breach of these Terms and Conditions in any way, we may in our absolute discretion suspend or terminate the access to the eMPF Platform by the User and/or the relevant Authorized Person. We shall notify the User and/or the Authorized Person of any such suspension or termination through such means as reasonably determined by us. Such suspension or termination shall not prejudice or affect any other right, action or remedy that may be available to us.
8.3 If we reasonably believe that there is any security concern regarding the username and/or password of the User or, if applicable, any of its Authorized Person, we may in our absolute discretion suspend the access to the eMPF Platform by the User and/or the relevant Authorized Person until such time as we consider that any security issue has been resolved to our satisfaction.
8.4 We will not be liable for any loss, expense, damage or other liability which the User and the Authorized Person may suffer or incur by reason of any such suspension or termination of access to the eMPF Platform.
9. Unavailability of the Offline Channels
9.1 If any of the Offline Channels become unavailable, notice of the unavailability of the relevant Offline Channel will be made available on our website (www.eMPF.org.hk). We will give notice of unavailability in advance but may not be able to do so in all cases such as where the unavailability is necessitated by unforeseen circumstances.
9.2 We will not be liable for any loss, expense, damage or other liability which the User and the Authorized Person may suffer or incur by reason of the unavailability of the Offline Channels.
10. Amendment
We may from time to time and without prior notice amend these Terms and Conditions by making available the latest version on our website (www.empf.org.hk). We may inform the User and the Authorized Person 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 User and the Authorized Person shall constitute their acceptance of these Terms and Conditions as amended from time to time.
11. Notices
11.1 If the User is not registered with the eMPF Platform and there is not any valid consent for the approved trustee of the User’s MPF scheme to give notices or documents by electronic means pursuant to section 206(2) of the Regulation, MPFSO Notices in respect of that MPF scheme will be given by us to the User by post in accordance with section 206(1) of the Regulation based on the contact details of the User from time to time recorded by us.
11.2 If the User is not registered with the eMPF Platform and there is valid consent for the approved trustee of the User’s MPF schemes to give notices or documents by electronic means pursuant to section 206(2) of the Regulation, MPFSO Notices in respect of that MPF scheme will be given by us to the User through the eMPF Platform. For this purpose, we will notify the User of the availability of the MPFSO Notices relating to that MPF scheme on the eMPF Platform by such means as the User may have agreed with the relevant approved trustee, and the User will only receive such MPFSO Notices unless and until the User has successfully registered with the eMPF Platform. If the User does not wish to receive MPFSO Notice through the eMPF Platform, the User should withdraw the consent given to the approved trustee in the manner prescribed by us. Notwithstanding the foregoing, the above arrangement does not apply to any User who, at the time when the MPF scheme first becomes administered by us, has only provided to the approved trustee of the User’s MPF scheme his passport (instead of Hong Kong Identity Card) as identification document. Regardless of any valid consent for the purpose of section 206(2) of the Regulation, MPFSO Notices in respect of that MPF scheme will be given by us to any such User by post in accordance with section 206(1) of the Regulation based on the contact details of the User from time to time recorded by us.
11.3 Regardless of any eMPF Platform registration or consent status relating to MPFSO Notices, Non-MPFSO Notices will be given by us to the User in such manner as we consider appropriate based on the contact details of the User from time to time recorded by us.
12. Severability
If any of these Terms and Conditions are determined to be illegal, invalid or otherwise unenforceable, then to the extent of such illegality, invalidity or unenforceability, such terms or conditions shall be deleted and severed from these Terms and Conditions and the remaining terms and conditions shall remain in full force and effect.
13. Waiver
Any failure or delay by us to exercise any of our rights or remedies under these Terms and Conditions shall not constitute a waiver of any such rights or remedies.
14. Additional Terms and Conditions
These Terms and Conditions govern the provision of Scheme Administration Services in relation to MPF schemes from time to time administered by us and, to the extent of any inconsistency with similar terms and conditions of the approved trustee of the User’s MPF scheme, the provisions herein will prevail in so far as the provision of Scheme Administration Services by us is concerned. Subject as aforesaid, the User’s participation in any MPF scheme shall continue to be governed by applicable terms and conditions of the approved trustee of the User’s MPF scheme.
15. Rights of Third Parties
Save for the MPFA which may enforce the terms of these Terms and Conditions, no person who is not a party to these Terms and Conditions has any right under the Contracts (Rights of Third Parties) Ordinance (Cap. 623 of the Laws of Hong Kong) to enforce or enjoy the benefit of any term of these Terms and Conditions. The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under these Terms and Conditions are not subject to the consent of any third person.
16. Applicable Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region. In the event of any dispute arising from or in connection with these Terms and Conditions, the parties shall irrevocably submit to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region.
17. Non-replacement of legal requirements
These Terms and Conditions do not modify or replace any applicable laws, rules or regulatory requirements.
18. Language
If there is any inconsistency or ambiguity between the English and Chinese versions of these Terms and Conditions, the English version shall prevail.
For any enquiries on these Terms and Conditions, please contact the eMPF Service Centre via email enquiry@support.empf.org.hk.
Last Revision Date: 12/08/24