Pay e-Cheque - Terms of Use

3. The “Pay e-Cheque” portal is a website of an online service delivery platform. A User may use the e-Cheque payment function (as defined in Clause 6 below) and any other services provided therein (collectively, the “Services”) in accordance with these Terms.

4. Procedures may be provided by the Government from time to time for the use of any of the Services as the Government sees necessary. Notwithstanding anything provided herein, the Government may from time to time add, modify, suspend and/or terminate any Services (including without limitation the e-Cheque payment function) and any procedures for the use of such Services without giving any prior notice to any User.

5. “e-Cheque” means a cheque (including a cashier’s order), issued in the form of an electronic record (as such term is defined in the Electronic Transactions Ordinance (Chapter 553 of the Laws of Hong Kong)) with an image of the front and back of the e-Cheque or e-cashier’s order (as the case may be).

6. “e-Cheque payment function” means the Service which enables a User to make payment in respect of a Government bill by means of e-Cheque in accordance with these Terms.

7. You may submit your request for making payment of a Government bill by following the steps set out in the “Pay e-Cheque” portal, provided that the relevant Bureau/Department (B/D) of the Government accepts payment by means of e-Cheque for the bill type concerned.

8. To use the e-Cheque payment function, you must enter the bill information and upload the e-Cheque in accordance with the procedures set out in the “Pay e-Cheque” portal.

9. By clicking the “Confirm” button in the “Pay e-Cheque” portal, you agree that all the information/data submitted by you are true and accurate; and the relevant information/data submitted by you (including but not limited to the bill information and e-Cheque) will be transferred to and/or used by the Government (including but not limited to the B/Ds concerned), the Government’s designated bank and the “Pay e-Cheque” portal for handling, processing, presenting and/or recording your request for payment made using the e-Cheque payment function.

10. There may be circumstances where you may not be able to access the “Pay e-Cheque” portal or use the Services (for example, regularly scheduled maintenance, service upgrades, interruption or technical failures of the “Pay e-Cheque” portal). The Government shall incur no responsibility or liability for any unavailability of the Services or for any loss that is suffered or incurred as a result of any unavailability of the “Pay e-Cheque” portal or any of the Services.

11. Your payment is valid only when your e-Cheque is honoured on the first presentation to the Government’s designated bank.

12. e-Cheques received by the Government at or before 5:00 pm (Hong Kong time) on a business day will be transferred to the Government’s designated bank for presentation on the same day. Any e-Cheque received by the Government after 5:00 pm (Hong Kong time) on a business day or received by the Government on a day which is not a business day will be transferred to the Government’s designated bank for presentation on the next business day.

For the purpose of this Clause 12, “business day” means a day (other than a Saturday or Sunday) which is not a public holiday and on which banks are open for general business in Hong Kong.

13. The Government is concerned to ensure that all personal data submitted through and/or stored in the “Pay e-Cheque” portal are handled in strict adherence to the relevant provisions of the Personal Data (Privacy) Ordinance (Chapter 486 of the Laws of Hong Kong) (the “PD(P)O”) (see www.pcpd.org.hk).

Personal Information Collection Statement

14. Information (including any personal data) submitted through and/or stored in the “Pay e-Cheque” portal will be used for:

• (a) the provision of the Services including but not limited to the handling, processing, presenting and/or recording of your payment request and e-Cheque submitted via the “Pay e-Cheque” portal; and
• (b) any other legitimate purposes as may be required, authorised or permitted by law.

Access and correction of personal data

15. You may request access to or correction of your personal data submitted through and/or stored in the “Pay e-Cheque” portal by sending a data access request to the GovHK Help Desk via email at enquiry@1835500.gov.hk.

Sharing of personal data

16. Information (including any personal data) submitted through and/or stored in the “Pay e-Cheque” portal will be transferred to or used by the Government (including but not limited to the B/D concerned) and the Government’s designated bank for the purposes set out in Clause 14 above.

17. You hereby give consent to the Government for the transfer or use of your information (including your personal data) submitted through and/or stored in the “Pay e-Cheque” portal for the purposes set out in Clause 14 above.

Cookies

18. A cookie is a small amount of data created in a computer when a person visits a website through the computer. It often includes an anonymous unique identifier. A cookie can be used to identify a computer, or to temporarily store non-personal information required by an online service. It is not used by the “Pay e-Cheque” portal to collect any personal information. It does not have the function of identifying an individual User.

19. Cookies are used by the “Pay e-Cheque” portal. No personal information is contained in the cookies generated by the “Pay e-Cheque” portal. If you configure your browser to reject cookies, you will not be able to use the Services.

JavaScript

20. The “Pay e-Cheque” portal requires JavaScript to function properly. If you disable JavaScript on your computer, you will not be able to use the Services.

21. Your use of the Services is at your sole risk. The Services and the information, contents and other materials contained in the “Pay e-Cheque” portal are provided to you on an “AS IS” basis without any express or implied warranty or representation of any kind. In particular, the Government does not make any express or implied warranty or representation as to the accuracy, completeness, fitness for a particular purpose, non-infringement, reliability, security or timeliness of such Services, information, contents and materials. The Government will not be liable for any errors in, omissions from, or misstatements or misrepresentations (whether express or implied) concerning any such Services, information, contents and materials, and will not have or accept any liability, obligation or responsibility whatsoever for any loss, destruction or damage (including without limitation consequential loss, destruction or damage) however arising from or in respect of any use or misuse of or reliance on, inability to use or the unavailability of such Services, information, contents and materials.

22. The Government does not warrant or represent that the “Pay e-Cheque” portal or any information or any electronic data or information transmitted to you through the “Pay e-Cheque” portal is free of computer viruses. The Government shall not be liable for any loss, destruction or damage arising out of or in relation to any transmission from Users to the Government or vice versa over the internet.

23. The Government will not have or accept any liability, obligation or responsibility whatsoever for any loss, destruction or damage (including without limitation consequential loss, destruction or damage) however arising from or in respect of any use or misuse of or reliance on the Services or system downtime of the “Pay e-Cheque” portal.

24. The “Pay e-Cheque” portal may contain materials contributed by third parties. To facilitate access to information provided by or via third parties, the “Pay e-Cheque” portal may provide or assist in providing links (both surface links and deep links) to external websites through its webpages. The Government has not approved or endorsed the materials contributed by third parties on the “Pay e-Cheque” portal or any external websites linked to the “Pay e-Cheque” portal. The provision of any such materials or links to external websites shall not constitute any form of co-operation or affiliation with the Government of any such third parties or external websites. Provision of, or assistance in providing, materials contributed by third parties on the “Pay e-Cheque” portal or links to external websites gives rise to no statement, representation or warranty, express or implied, that the Government agrees or does not disagree with the contents of any such materials or external websites and the Government will not have or accept any liability, obligation or responsibility whatsoever for any loss, destruction or damage (including without limitation consequential loss, destruction or damage) however arising from or in respect of any use or misuse of or reliance on the contents of any such materials or external websites delivered on or via the “Pay e-Cheque” portal or inability to use any of them.

25. Without limiting the generality of the foregoing, nothing on or provided via the “Pay e-Cheque” portal shall constitute, give rise to or otherwise imply any endorsement, approval or recommendation on the Government's part of any third party, be it a provider of goods or services or otherwise.

26. The Government is not responsible for any loss or damage whatsoever arising out of or in relation to any information on the “Pay e-Cheque” portal. The Government reserves the right to omit, suspend or edit all information compiled by the Government on the “Pay e-Cheque” portal at any time at its sole discretion without giving any reason or prior notice. You are responsible for making your own assessment of all information contained on the “Pay e-Cheque” portal and shall verify such information by making reference, for example, to original publications and obtaining independent advice before acting upon it.

27. You shall ensure accuracy of your information (including your personal data) submitted to the “Pay e-Cheque” portal; and that the Government shall not be responsible or liable for any inaccuracy, mistake or false information (including your personal data) so kept and/or submitted by you.

28. The Government does not give any warranty in relation to the use of the “Pay e-Cheque” portal and/or any third party websites linked to the “Pay e-Cheque” portal, and does not warrant against any possible interference or damage to your computer system arising from or in connection with the use of the “Pay e-Cheque” portal or the Services. The Government makes no representations or warranties regarding the accuracy, functionality or performance of any third party software that may be used in connection with the “Pay e-Cheque” portal. The Government makes no warranties that the “Pay e-Cheque” portal is free of infection by computer viruses.

29. You must refer to the information security best practices as stipulated in the “InfoSec website” of the Government (www.infosec.gov.hk) to keep your information, software and equipment secured from misuse by third parties.

Scope of Copyright Ownership

30. Unless otherwise indicated, the contents found on the “Pay e-Cheque” portal are subject to copyright owned by the Government.

Non-text contents on the “Pay e-Cheque” portal

31. Prior written consent of the Government is required if you intend to reproduce, distribute or otherwise use any non-text contents (including but not limited to photographs, graphics, drawings, diagrams, audio files and video files) found on the “Pay e-Cheque” portal in any way or for any purpose. Such requests for consent shall be addressed to GovHK Help Desk via email at enquiry@1835500.gov.hk.

32. Where third party copyright i.e. copyright belonging to anyone other than the Government is involved in the non-text contents found on the “Pay e-Cheque” portal, authorisation or permission to reproduce or distribute or otherwise use any such non-text contents must be obtained from the copyright owners concerned.

Text contents on the “Pay e-Cheque” portal

33. The Government copyright protected text contents found on the “Pay e-Cheque” portal may be reproduced and distributed free of charge in any format or medium for personal or internal use within an organisation, subject to the following conditions:

• (a) the copy or copies made must not be for sale, or exchange for benefit, gain, profit or reward, or any other commercial purposes;
• (b) such text contents must be reproduced accurately and must not be used in a manner adversely affecting any moral rights of the Government; and
• (c) the Government must be acknowledged as the copyright owner of such text contents and acknowledgement must be given to “GovHK (www.gov.hk)” as the source of such text contents.

34. “Commercial purposes” includes without limitation the following:

• (a) the purpose to offer to supply goods, services, facilities, land or an interest in land;
• (b) the purpose to offer to provide a business opportunity or an investment opportunity;
• (c) the purpose to advertise or promote goods, services, facilities, land or an interest in land;
• (d) the purpose to advertise or promote a business opportunity or an investment opportunity;
• (e) the purpose to advertise or promote a supplier, or a prospective supplier, of goods, services, facilities, land or an interest in land; and
• (f) the purpose to advertise or promote a provider, or a prospective provider, of a business opportunity or an investment opportunity,

in the course of or in the furtherance of any business.

35. Please note that the permission given in Clause 33 above only applies to Government copyright protected text contents found on the “Pay e-Cheque” portal. The Government reserves the right to withdraw any permission given in Clause 33 above at any time without any prior notice to you.

36. Prior written consent of the Government is required if you intend to reproduce, distribute or otherwise use any Government copyright protected text contents found on the “Pay e-Cheque” portal in any way other than that permitted in Clause 33 above, or for any purpose other than that permitted in Clause 33 above. Such requests shall be addressed to the GovHK Help Desk via email at enquiry@1835500.gov.hk.

37. Where third party copyright i.e. copyright belonging to anyone other than the Government is involved in the text contents found on the “Pay e-Cheque” portal, authorisation or permission to reproduce or distribute or otherwise use any such text contents must be obtained from the copyright owners concerned.

Contents on linked websites

38. For the avoidance of doubt, the permission given in Clause 33 above does not extend to any contents on other websites linked to the “Pay e-Cheque” portal. If you intend to reproduce, distribute or otherwise use any contents on any such linked websites, you shall obtain all necessary authorisation or permission from the copyright owners concerned.

39. You shall indemnify and keep indemnified the Government against all claims, actions, proceedings, liabilities, demands, charges, damages, costs, losses or expenses arising out of, resulting from or in connection with the performance or attempted performance of, or the use or attempted use of the Services to the extent that the same are or have been caused by any negligent or reckless conduct, wilful misconduct, omission, defamation, breach of statutory duty or breach of any of the Terms by you. This provision survives termination of your use of the Services.

40. The Government may from time to time vary, modify, delete and/or add any terms or conditions in the Terms at its own discretion without giving any reason or prior notice. Please check the Terms at www.payecheque.gov.hk regularly for any revisions and/or amendments which may be made.

41. These Terms shall be governed and construed in accordance with the laws of Hong Kong. You agree to submit to the exclusive jurisdiction of the Hong Kong Courts.