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Integrated Court Case Management System of the Judiciary Terms and Conditions

Agreement to Terms and Conditions

  1. The Chief Justice has designated the integrated Court Case Management System ("iCMS") as the e-system referred to in Section 7 of the Court Proceedings (Electronic Technology) Ordinance ("the Ordinance") (Cap. 638), which is accessible through the Judiciary Web Portal. Access and use of the iCMS constitute 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.

Definitions

  1. In these terms and conditions, unless the context otherwise requires -

Users' Obligations

  1. Each User must comply with the Ordinance and its subsidiary legislation, e-Practice Directions, and Administrative Instructions issued by the Judiciary Administrator.

  2. Each User agrees that the use of the e-Services is for lawful purposes only and must be in accordance with these terms and conditions. He/she will not use the e-Services for any unlawful purpose, or in any way that causes, or may cause damage, interfere or impair the availability or accessibility of the e‑Services by any other Users. He/she will also not use the e-Services to obtain or attempt to obtain any materials, information, data or documents through any means not intentionally made available or provided for through the e-Services.

  3. Without prejudice to the generality of the other terms and conditions herein, a User may not be able to use the e-Services unless the User has acquired and made available the necessary computer hardware, software and communication links. For details, please refer to the "Administrative Instructions on detailed technical requirements for using the Judiciary's integrated Court Case Management System". The User shall be solely responsible for these arrangements and shall enter into such contracts and bear all expenses as may be required by any provider of the computer hardware, software, network and communications link and the Judiciary shall not be responsible for any obligations, expenses or liabilities incurred or suffered by the User in connection therewith.

  4. Unless otherwise specified, a Registered User may use the full e-Services of the iCMS, subject to the access rights granted to the Registered User. The scope of e-Services for a non-registered user will be limited.

  5. The information that a User supplies to the iCMS must be complete and accurate, with correct attachments if required. As far as contact details (including but not limited to email address, contact telephone number and contact address) are concerned, the User shall ensure that such information are up-to-date at all times. The Judiciary shall not be responsible or liable for any inaccuracy, mistake or false/outdated information so kept and/or submitted by the User.

  6. iCMS accepts registration on an individual or organization basis. For organization accounts, there will be Primary Administrator ("PA") account(s), Secondary Administrator ("SA") account(s) and Organization User ("OU") account(s). The PA account holder is authorized by the organization to administer the accounts within the organization. He/she shall be the coordinator representing the organization concerned to liaise with the Judiciary on all matters relating to user registration. Any activity and/or transaction 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.

  7. The PA shall take measures to ensure that each User of the organization concerned accessing the iCMS and using the e-Services is aware of and will comply with these terms and conditions. In particular, it is the PA's duty to manage their own accounts, including timely action should be taken to disable accounts of resigned SA and OU by updating the end date of the account concerned under the iCMS to avoid any unauthorized use of the iCMS. 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 a breach by the organization. The Judiciary may then take appropriate action which may include but not limited to termination of the related account(s) as it thinks fit.

  8. E-Court messages/documents for a Registered User will be sent to his/her Message Box under the iCMS. The Registered User has to login to the iCMS to check the e-Court's messages/documents on a regular basis.

  9. The Registered User acknowledges that the login name and password for access to and the use of e-Services are well protected and must not be disclosed to any other person(s) under any circumstances. The Registered User shall act in good faith, exercise reasonable care and diligence in maintaining the confidentiality of his/her login name and password and at no time and under no circumstances shall the Registered User authorize any other person to use his/her login name and password to communicate with the Judiciary on his/her behalf. Any access to the e-Services with a login name and password of a Registered User shall be deemed the use of the e-Services by the Registered User concerned. The Registered User must also log out from the account at the end of each session.

  10. If a Registered 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 notifying (through the PA or the SA in case of an organization account holder) the technical helpline of the Judiciary immediately. For the avoidance of doubt, such responsibility is imposed upon all Registered Users, including all types of account holders of an organization.

Online payment

  1. Electronic payments to the Judiciary are governed by the "Administrative Instructions on Electronic Payments to the Judiciary". When the User makes the payment online, the User 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 User's credit card/PPS account information. The Judiciary is not liable for any information the User 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 User's failing to use the relevant and related e-Services.

Availability of Services

  1. Subject to maintenance schedule, the Judiciary will endeavour to have the iCMS available at all times. However, it is impossible for the Judiciary to ensure that the iCMS is available at all times or at any specific times or will be able to operate at all times error-free. The Judiciary makes no representations or warranties that the User's access to the iCMS will be uninterrupted, timely, secure or error free but all reasonable efforts will be made to provide the best possible service to the User. The User should ensure that he/she has other means of undertaking urgent or time-sensitive transactions and obtaining information, if for any reason the iCMS is unavailable. In no event shall the Judiciary be liable to any party for loss or damage whatsoever and howsoever incurred, in respect of all claims resulting from any delays and failure in transmission due to a breakdown or failure of communication facilities.

  2. The Judiciary reserves the right to modify, vary or discontinue any aspect of the e-Services 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 e-Services.

Security

  1. iCMS scans documents that are uploaded to it for viruses/malwares and may reject/quarantine any document where it suspects it may be affected. However, each User must take his/her own precautions to ensure that the way he/she accesses this e-Services 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.

Termination of Registered User's account

  1. To ensure proper use of e-Services by a Registered User, the Judiciary reserves the right to suspend or terminate any Registered User's account, at any time, with or without prior notice, if in the Judiciary's reasonable opinion, that a Registered 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.

  2. If a registered individual user wishes to terminate his/her account, he/she should notify the Judiciary in writing within three working days from the termination as far as practicable.

  3. If a PA is no longer representing an organization or the organization does not wish to remain registered under iCMS or the organization is going to discontinue/has discontinued its business, the PA account holder or an authorized representative of the organization should notify the Judiciary in writing within three working days as far as practicable. For termination of an SA or OU account, the PA or any SA of the organization concerned shall update the end date of the account under iCMS. No SA/OU accounts of an organization can be used any more if all its PA accounts are terminated.

Limitation of Liability

  1. The Judiciary will endeavour to ensure that information within the e-Services is accurate. However, the Judiciary cannot guarantee the accuracy and completeness of any information at all times.

Indemnity

  1. The User 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 e‑Services or the information or material contained on the iCMS.

  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.

Variation

  1. The Judiciary may modify, suspend or discontinue any information or features on the iCMS at any time, with or without notice, and without liability.

  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 e-Services will be deemed acceptance of the updated or amended terms. The Registered User should check the Message Box or visit this webpage from time to time for the updated terms and conditions.

Language

  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.

Choice of law and Jurisdiction

  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.

  2. In the event that there is any inconsistency or ambiguity between these terms and conditions and the relevant legislation as well as e-Practice Directions, the legislation and the e-Practice Directions shall prevail.