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Terms and Conditions for using the Deposit Account in iCMS of the Judiciary

1. Agreement to Terms and Conditions

1.1 These terms and conditions apply to the use of deposit account by organization account users under the integrated Court Case Management System (“iCMS”). The use of deposit account constitutes unconditional acceptance of these terms and conditions as the same may be modified and/or supplemented from time to time in accordance with these terms and conditions.

2. Definitions

2.1 In these terms and conditions, unless the context otherwise requires –

  “e-Court” means a court and/or a tribunal specified by the rules made by the Chief Justice under Section 6 of the Court Proceedings (Electronic Technology) Ordinance;

  “e-Services” means the electronic technology services under the iCMS for the applicable e-Courts; and

  “User” means anyone who uses the deposit account under the iCMS.

3. Application

3.1 The Judiciary accepts application for creation of a deposit account under the iCMS on organization basis. There are main account for headquarters and sub-account for each branch code of the organization (as applicable) under the iCMS.

3.2 Upon receiving the acceptance of the terms and conditions hereinafter set out by the Primary Administrator (“PA”) account holder, the Judiciary agrees to provide the deposit account to the organization.

3.3 The Judiciary has the absolute discretion to create, suspend or terminate the deposit account.

3.4 In addition to the terms and conditions herein, the terms and conditions for using the iCMS shall also be applicable to the deposit account. In the event of any conflict or inconsistency between the terms and conditions herein and the terms and conditions for using the iCMS, the terms and conditions herein shall prevail to the extent of the conflict or inconsistency.

4. Users’ Obligations

4.1 Each User agrees that the use of deposit account is for lawful purposes only and must be in accordance with these terms and conditions. He/she will not use the deposit account for any unlawful purpose, or in any way that causes, or may cause damage, interfere or impair the availability or accessibility of deposit account by any other Users.

4.2 For organization accounts under the iCMS, there are PA account(s), Secondary Administrator (“SA”) account(s) and Organization User (“OU”) account(s). The PA account holder is authorized by the organization to apply for creation of a deposit account. He/she shall be the coordinator representing the organization concerned to liaise with the Judiciary on all matters relating to deposit account. Any activity and/or transaction of deposit account conducted through the iCMS by SA(s) or OU(s) under the purview of the PA shall be regarded as activity and/or transaction allowed by the PA within the limits of any policies or instructions that are imposed by the organization concerned.

4.3 The PA shall take measures to ensure that each User is aware of and will comply with these terms and conditions. In particular, it is the PA’s duty to manage the deposit account of the organization. The PA also acknowledges and agrees that any breach of these terms and conditions by the Users under their organization account shall be deemed and construed as breach by the organization. The Judiciary may take appropriate action which may include but not limited to suspension or termination of the deposit account as it thinks fit.

4.4 Message(s) relating to deposit account will be sent to the User’s Message Box under the iCMS. The User is required to login to the iCMS to check the messages on a regular basis.

4.5 If a User knows or suspects that his/her account’s login details or password is or becomes known by any unauthorized third party, he/she should take appropriate measures including changing his/her password and reporting to the technical helpline of the Judiciary through the PA or the SA immediately. The User shall be responsible for any losses resulting from the transactions processed in the deposit account prior to such report. For the avoidance of doubt, such responsibility is imposed upon all Users, including all types of account holders of an organization.

5. Payment

5.1 The organization may, on a voluntary basis, pay to the Judiciary a non-interest bearing prepayment at a level specified by the organization, subject to a minimum deposit account balance on an organization level specified by the Judiciary. Upon successful payment of the initial prepayment, a deposit account will be given to the organization. A main account will be created for the headquarters of the organization and a sub-account will be created for each branch code of the organization under the iCMS (if any).

5.2 The prepayment will be credited to the designated main account or sub-account. The account balance can be transferred among the main account and sub-account(s) of the same organization by PA and SA assigned with the relevant access rights.

5.3 The prepayment shall be in Hong Kong Dollars and in full dollar.

5.4 The available balance of deposit account cannot be withdrawn or redeemed prior to the termination of the organization account. The available balance shall not accrue any interest or profits.

5.5 The OU may settle fees and charges and deposit or pay funds into courts/ tribunals for services requested and rendered thereunder by way of deduction from the designated main account or sub-account provided that the available balance of the designated main account or sub-account is sufficient to allow the payment to be deducted in full. If the designated main account or sub-account does not have sufficient available balance, the OU shall settle the payment using other methods of payment.

5.6 Electronic payments to the Judiciary, including prepayment of deposit account and payment by way of deduction from deposit account, are governed by the “Administrative Instructions on Electronic Payments to the Judiciary”. When the OU makes the payment online, the OU will be directed to the related payment gateway of the designated service providers, for the payment to be processed. The Judiciary will not process and store the OU’s/ organization’s credit card/PPS account information. The Judiciary is not liable for any information the OU enters into service providers’ pages, or for the availability of the service providers’ site. The Judiciary is also not liable for any discrepancies or failure caused by the online payment in particular the failure to make online payment has eventually rendered the organization’s failing to use the relevant and related e-Services.

5.7 If refund of fees and charges paid by way of deduction from the organization’s deposit account is required, the refund without interest or profits shall be credited to the same deposit account from which the payment is made. For refund of funds deposited or paid into courts/ tribunals, the refund will not be credited to the deposit account/ sub-account. It shall be processed in accordance with the respective dedicated suitors’ funds rules.

5.8 The Judiciary shall keep records of a transaction in the organization’s deposit account for a period of 12 months from the date such transaction is made and shall not be liable to produce the record of such transaction after such 12 months. Details of transactions in the deposit account for the period of 12 months shall be made available to the User via the iCMS. The information and transactions shown in the iCMS shall be deemed to be correct unless the Organization reports any inaccuracy to the Judiciary within 30 days from the date of the transaction in the manner as published by the Judiciary.

5.9 In the event the amount paid by the organization is not recorded or incorrectly recorded or calculated or deducted due to technical issues or otherwise, the Judiciary shall nevertheless be entitled to charge the relevant amount or the shortfall to the deposit account.

6. Availability of Services

6.1 The Judiciary reserves the right to modify, vary or discontinue any aspect of the deposit account to the User at its sole discretion and without prior notice. The Judiciary shall not be liable to the User or any third party for any variation, suspension or discontinuance of the deposit account.

7. Security

7.1 Each User must take his/ her own precautions to ensure that the way he/she accesses the deposit account does not expose to the risk of viruses/ malwares, malicious computer codes or other forms of interference that may damage the User’s own computer system. The Judiciary does not accept liability for the security, authenticity, integrity or confidentiality of any transactions and other communications made through the iCMS.

8. Termination of Deposit Account

8.1 To ensure proper use of deposit account by a User, the Judiciary reserves the right to suspend or terminate any deposit account, at any time, with or without prior notice, if in the Judiciary's reasonable opinion, that a User has failed to comply with any of the provisions of these terms and conditions or there may be malicious activities performed by any malicious User who may not be the genuine account holder.

8.2 The organization cannot terminate the deposit account unless the organization account is terminated. Upon termination of the organization account, any balance in the deposit account (including the main account and sub-account) will be refunded to the organization without interest or profits after deducting any amount due to the Judiciary in connection with or arising out of the e-Services or other services provided under the organization account. The deposit account cannot be reactivated once it is terminated.

8.3 The calculation of the refund to the organization shall be based on the records held by the Judiciary which shall be deemed to be conclusive save for manifest errors. Upon receipt of the refund, the organization shall be deemed to have accepted the refund amount as correctly calculated and shall discharge the Judiciary from any further liability in relation to the refund, including any shortfall or error in the calculation of such refund.

8.4 If the balance in the deposit account is unclaimed by the organization for 5 years upon the termination of the deposit account, it may be treated as moneys received for the purposes of the Government pursuant to the Public Finance Ordinance (Cap. 2) and, if so treated, shall form part of the general revenue subject to the claim for refund under such ordinance.

9. Non-assignment

9.1 The organization shall not assign or dispose of, or permit to assign or dispose of, any of the rights and obligations in whole or in part, under the terms and conditions herein, to any third party nor shall the organization assign or transfer the prepayment to any third party.

10. Limitation of Liability

10.1 The Judiciary will endeavour to ensure that information within the deposit account is accurate. However, the Judiciary cannot guarantee the accuracy and completeness of any information at all times.

10.2 The Judiciary does not guarantee the reliability of the online network through which information, messages or instructions are transmitted to and from the Judiciary. Neither the Judiciary nor their officers or employees shall be responsible for any delays or failure in transmission, receipt or execution of information, messages or instructions due to a breakdown or failure of communication facilities or to any other cause whatsoever and they shall not be liable for any losses, fees, costs, expenses, damages and liabilities suffered or incurred as a result thereof.

10.3 The Judiciary makes no representations or warranties as to the availability or performance of the deposit account on the iCMS. The Judiciary assumes no liability or responsibility for any loss, liability or damage (including without limitation consequential loss, liability or damage) howsoever arising from or in respect of any use or misuse of or reliance on, inability to use or the unavailability of the deposit account and any information provided on the iCMS.

11. Indemnity

11.1 The organization agrees to indemnify the Judiciary against any losses, damages, costs, liabilities and expenses incurred by the Judiciary in relation to claims or disputes which arise from the User’s use of the deposit account.

11.2 The Judiciary’s failure or delay to exercise or enforce any right in these terms and conditions does not waive the Judiciary’s right to enforce that right.

12. Variation

12.1 The Judiciary may modify, suspend or discontinue any information or features of the deposit account at any time, with or without notice, and without liability.

12.2 The Judiciary may modify and/or supplement these terms and conditions at any time and from time to time with or without any prior notice. Revised terms and conditions shall take effect immediately from the time when they are published and the continued use of the deposit account will be deemed acceptance of the updated or amended terms. The User should check the Message Box or visit this webpage from time to time for the updated terms and conditions.

13. Language

13.1 These terms and conditions have been translated into Chinese. If there is any inconsistency or ambiguity between the English version and the Chinese version, the English version shall prevail.

14. Choice of Law and Jurisdiction

14.1 These terms and conditions shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region. Any dispute arising under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region.