Terms of Use
The Customer is granted a non-exclusive, non-transferable right to utilize the services offered by Confermax Ltd. via Confermax.com. The Customer is responsible for their use of Confermax Ltd.’s services and must ensure that this use does not impede Confermax Ltd.’s ability to sell or market its products or services.
The Customer acknowledges that all source code, scripts, documentation, trademarks, and other materials developed by Confermax Ltd. (or its subcontractors), and any associated patents, copyrights, designs, or other intellectual property rights, are the exclusive property of Confermax Ltd. The Customer agrees not to use any specifications or information obtained through this agreement to develop or market a competing product, during or after the term of this agreement.
End users of the Customer are granted a time-limited, personal, non-transferable, and non-exclusive right to use Confermax Ltd.’s services. These services must be used solely for purposes outlined in this Agreement and in accordance with the Service’s Terms of Use.
End users must be at least 18 years of age and legally capable to utilize the service, and they must use their own identification for access.
Confermax Ltd. maintains the confidentiality of information uploaded to Confermax’s solutions, with exceptions for the performance of the service or as required by applicable laws and regulations.
Confermax Ltd. is not involved in, nor responsible for, the transactions facilitated by its services. Confermax Ltd. shall not be held liable for any losses arising from errors in its services or any third-party services. The Customer agrees to indemnify Confermax Ltd. against any claims from end users or third parties related to the use of Confermax Ltd.’s services.
The Customer is required to and responsible for securing the necessary permissions from the customer’s client to receive and process account information data and other relevant information that the Customer receives by using Confermax.
Confermax does not monitor the content of documents sent to, received, signed or archived in Confermax, and is thus not responsible for content and form, as well as content in any links. Confermax is also not responsible for errors, omissions and/or unwanted properties of current data, file attachments, links, etc.
Confermax Ltd. reserves the right to close the service without notice if transactions are illegal, the service is misused or these terms are breached. Confermax Ltd. aims to have an uptime of 99.5%. Confermax Ltd. carries out technical monitoring of the service and is responsible for daily operations, as well as error handling. Confermax Ltd. shall as soon as possible after becoming aware of a material error in the service notify the Customer and implement measures to find and correct the error. Confermax Ltd.’s goal of uptime does not include errors in the subcontractors. Where these affect Confermax Ltd.’s services, Confermax Ltd. shall actively identify sources of error and contribute to correcting errors. Otherwise, technical support is guaranteed Monday-Friday 09.00-16.00 (HKT) with the exception of public holidays in the country where Confermax operate in, and with 8 hours response time/response within the next day in the event of an error.
Confermax Ltd. has the right to implement maintenance measures that may lead to interruptions or changes in the service during planned downtime. Confermax Ltd. will then notify the Customer 48 hours in advance and do its utmost to minimize the inconvenience.
Should an extraordinary situation arise which is beyond the control of the parties and which affects the obligations under this agreement and which according to the law of the relevant country must be regarded as force majeure, the other party shall be notified of this as soon as possible. The obligations of the affected party are suspended for as long as the extraordinary situation lasts. The other party’s consideration is suspended for the same period. In force majeure situations, the other party can only terminate the agreement with the affected party’s consent, or if the situation lasts or is assumed to last longer than 14 calendar days from the time the situation arises. In connection with force majeure situations, the parties have a mutual duty to inform each other about all matters that must be assumed to be of importance to the other party. Such information shall be provided as soon as possible.
Pricing is determined according to the most current price list, which can be found on the Confermax Fees and Credit Policy page at confermax.com. All pricing is structured on a per-request or subscription basis, reflecting standard usage, and is presented exclusive of VAT.
Confermax offers flexible billing options to accommodate different customer needs, including the option for monthly billing. Customers opting for monthly billing will receive invoices from Confermax based on their usage or subscription over the previous month.
Please note that customers are responsible for the forwarding of Confermax Ltd. products, which must be done at their own risk and expense. Customers are also accountable for any subsequent re-invoicing to their audit clients.
The agreement runs from the time it is approved by the Customer and until it is terminated by one of the parties. Termination does not need to be substantiated. There is no notice period for the parties to the agreement.
Unless otherwise agreed, prices can be adjusted annually. Confermax Ltd. can regulate prices with one week’s written notice, if external circumstances should indicate this. Such conditions include, but are not limited to, changes in the subcontractor’s prices, legislative changes, requirements from the authorities, etc.
Both parties shall ensure that their staff, subcontractors and any contract assistants maintain confidentiality regarding technical and commercial matters that must be considered confidential to third parties, and further refrain from their own use of the same. This also applies in the event that Confermax Ltd. has gained access to confidential information about the Customer’s customers. All knowledge acquired through data from customers must be considered confidential and is subject to a duty of confidentiality towards third parties. The duty of confidentiality does not include dissemination functions in services, as the dissemination of information from Customers to other parties is necessary in order to be able to deliver these services. Confermax Ltd. is only responsible for the shipment between parties in accordance with the service purchased. The above obligations also apply after termination of this agreement.
The customer undertakes to take care of the restrictions in the use of Confermax Ltd.’s services that follow from this agreement and at any time applicable Terms of Use for users and any third parties. The customer responds to the use of its users. Confermax Ltd. shall be indemnified in the event that this has not been done.
The customer is obliged to obtain written approval from Confermax Ltd. when marketing Confermax’s services externally. Internally in the company, and towards individual customers/offer presentations, the Customer can market the service freely.
Any legal matters pertaining to the relationship between the Customer and Confermax Ltd. will be governed by the laws of the country where Confermax Ltd. maintains its business operations. Legal proceedings, should they arise, will be conducted in the jurisdiction where Confermax Ltd.’s principal place of business is located, which shall serve as the exclusive venue for resolving such disputes.
The terms below describe the rights and obligations you have as a user of confermax.com, and by accepting the terms you also give permission to process personal data about yourself. It is imperative that you thoroughly examine these terms to determine your agreement before you commence using confermax.com. Should you have any inquiries regarding the Terms of Use, it is advisable to reach out to us via email at cu**************@*******ax.com and await our reply prior to accepting the terms and utilizing our services.
Herein are the terms applicable to the usage of Confermax.com (the “Terms”), a service provided by Confermax Ltd (“Confermax”). These terms are considered to have been read, comprehended, and consented to by the individual utilizing Confermax.com (the “User”), once the User clicks on the “Complete” button (indicating registration) and utilizes Confermax.com. These Terms govern the User’s use of Confermax.com. Users are encouraged to print and retain a copy of these Terms, along with proof of acceptance of the service.
The user must be 18 years of age or older to register and use Confermax.com.
1 – About Confermax
Confermax.com provides access to administrative audit services. Before the User accesses Confermax.com, the following information will be collected in the registration process; Name, Email address, Phone number and Office affiliation
Services made available on Confermax.com are based on secure identification of the auditor (User) and their physical office affiliation. It is therefore necessary that the User provides the correct information to fulfil the contractual relationship in accordance with these Terms.
2 – Price and invoicing provisions
Amounts charged follow the current price list or contract, with the addition of statutory VAT at the time of payment.
3 – Service level
It is a goal that Confermax.com should be available to customers and users 24 hours a day, 7 days a week. Confermax may restrict access to the Service in the event of a technical failure, software upgrade, system maintenance, changes, power outages or similar conditions.
If Confermax is aware that the service will be unavailable, Confermax shall notify the User of this in a reasonable time before the service is made unavailable. If this is not known in advance, Confermax shall notify the User as soon as possible.
Confermax is not obliged to notify the User of restricted access to the service which is assumed not to be of significance to the User.
Notice may be in the form of a message sent to the e-mail address provided by the User at registration and / or at www.confermax.com.
4 – User’s Engagement with Confermax
4.1 General Usage
Users must engage with Confermax strictly as outlined in these terms.
Users will initially access Confermax using a secure authentication method. Upon first entry, authentication via a recognized electronic identification system will be required. The credentials derived from such a system will confirm the User’s identity during registration on Confermax. Subsequent access will utilize a username (email/phone number) and a self-chosen secure password.
All security measures, including passwords or codes, are private and the User bears full responsibility for their use. Users must ensure the uniqueness of their passwords/codes and safeguard them against disclosure to prevent unauthorized access to their Confermax account. Passwords must be updated regularly to meet the current security requirements.
Users are liable for any losses stemming from the disclosure of their Confermax credentials or due to other user-related oversights.
Users agree to refrain from any unlawful access to Confermax’s computer systems or unauthorized acquisition of data. This also covers any other actions that could compromise security or disrupt the service for other users. In the event that a User inadvertently gains access to other users’ or clients’ data within Confermax, they are compelled to immediately report the incident to Confermax in writing and expunge any acquired information.
Users must not utilize any knowledge, specifications, or materials accessed through Confermax to create or promote a competing service, during or subsequent to the terms of this agreement.
Confermax does not actively supervise files/documentation on Confermax.com. Therefore, it is not accountable for the accuracy, legality, or any unsolicited characteristics of the data, file attachments, or external links contained therein.
Users must keep their personal information up-to-date on Confermax. Any changes to email addresses or other significant details must be self-reported by the User by logging into www.confermax.com and adjusting the information in the personal settings area.
Should a User notice any inaccuracies, omissions, or irregularities that could impact Confermax’s role as a service provider, it is the User’s duty to promptly inform.
4.2 Additional Provisions
The User authorizes all correspondents, including businesses, organizations, and individuals, to engage with the User via Confermax. The User acknowledges and agrees that using Confermax for such communications is equivalent to receiving traditional mail at the User’s physical address.
The User is responsible for monitoring their activity on Confermax.com at all times.
Confermax is not designed as a long-term document storage solution. Therefore, any received data, documents, etc., will be purged from the system 6 months after their arrival unless specified otherwise. Once removed, such content becomes inaccessible immediately.
5 – Confermax’s Rights and Responsibilities
Confermax is accountable for managing the processes initiated by the User in line with these terms.
Confermax is not liable for any mishaps, oversights, or service interruptions that may occur due to hardware, software, Internet access or transmission issues, at the level of third-party service providers, or due to the User’s chosen verification method.
Confermax does not review the substance or format of documents sent to, received by, or stored within Confermax, nor is it responsible for the contents or any embedded links.
Should Confermax identify any documents that are incorrectly sent, contravene any laws, regulations, or governmental directives, or are deemed by Confermax to constitute misuse, Confermax reserves the right to remove such documents.
Confermax may send messages to the User about new features, operational updates, and other information pertinent to the use of Confermax.
6 – Modifications
Confermax may modify these Terms with a month’s prior notice to the User. Notices will be sent to the email address provided by the User during registration or communicated through the login portal at www.confermax.com. However, changes that are deemed by Confermax to be of benefit to the User, or of insignificant impact, may be made without prior notice. Nonetheless, Confermax will inform the User about any such changes via the email address on record, or during the User’s subsequent login to Confermax, except when the change is of negligible consequence.
Should new features be added to Confermax, the User may be required to accept these features separately. Updates regarding new functionalities will be continuously posted on www.confermax.com and/or communicated to the User’s email address.
7 – Privacy Obligations
Confermax Ltd, including its employees and service providers, is committed to maintaining the confidentiality of all information related to the User’s interactions with Confermax.com. This obligation extends to preventing the misuse of any such information outside the scope of the service agreement or exposing it to third parties in a manner contrary to this privacy clause. This duty of confidentiality persists beyond the termination of service with Confermax, and those who leave the company are bound by this same obligation indefinitely.
However, this confidentiality commitment does not override any legal obligations that may compel Confermax to disclose information as required by law, regulatory frameworks, or official directives.
8 – Personal Data Management
Confermax Ltd will handle the User’s personal data in compliance with the prevailing data protection legislation. The entity responsible for data management is Confermax Ltd, with contact details provided on Confermax.com.
8.1 Permission and Purpose for Data Processing
The User’s personal details will be collected and utilized by Confermax in the course of providing the service. Such details include data that can be associated with an identifiable person, as detailed in the following section. The scope of this data management encompasses acquiring, documenting, organizing, conserving, and sharing, or any related activities.
The processing of personal data within Confermax is carried out with the objective of upholding the rights and responsibilities outlined in these Terms, as well as enhancing the Confermax.com experience and directing communications to the User. By using Confermax, the User consents to the management of their personal data as outlined in this document.
Confermax will communicate with the User via email, including updates about new features, operational details, and other relevant information related to the use of Confermax. For these communications, the User authorizes Confermax to utilize the email address provided upon registration. Confermax may also convey promotional messages to the User at the same email address, pending the User’s consent. Users who do not wish to receive marketing communications can opt out by withdrawing their consent.
It is the User’s responsibility to ensure that their contact details, including email address and telephone number, are accurate and up-to-date in Confermax’s records. The User must notify Confermax of any changes through the prescribed methods to continue receiving email, SMS, or push notifications (as available) from Confermax.
8.2 Collection and Use of Personal Information
Confermax Ltd collects and processes personal information from Users and customers during the registration for a user account on confermax.com and the subsequent utilization of our services. The types of personal data that Confermax Ltd gathers and processes include:
– User’s full name
– Contact details: Office affiliation, telephone number, email address
– Records of the User’s interactions with the Confermax services, including login details and activities carried out within the platform
– Electronic identifiers such as IP addresses and cookie data
In instances where there is a legitimate requirement for the unequivocal identification of a user, and where the use of a personal identification number is essential for such identification, Confermax Ltd may process this data in compliance with the provisions of the Hong Kong Personal Data Protection Ordinance (PDPO) or the EU General Data Protection Regulation (GDPR), Article 12.
Users can access all their personal data collected by Confermax either through their account or upon request.
Confermax retains personal information necessary for service provision as long as the User maintains an account with us and for the duration needed for customer service purposes.
Moreover, we collect anonymous data for statistical analysis and service enhancement, which includes Browser type and settings, Operating system used and Screen resolution and Colour depth.
Using Confermax.com requires the acceptance of cookies, which are small files saved on the user’s device to facilitate internet service usage. Confermax utilizes cookies primarily for statistical purposes. Individual users are not personally identified through our cookie use. Confermax may employ technologies similar to cookies or other future technologies that serve the same purpose. Refer to our privacy policy for further details on our use of cookies.
We may also record Users’ IP addresses. An IP address is a distinct number assigned to internet-connected devices. We use IP addresses for broad demographic data collection and statistical purposes only, and do not link this information to individual Users or customers.
The collected information is essential for delivering Confermax services, for authentication, troubleshooting, system improvements, the development of new features and services, and for User communication.
8.3 Authentication Using Unique Identifiers
To access their Confermax account for the first time, Users may be prompted to provide their unique identifier and an electronic ID approved by Confermax. Users must keep their personal information confidential (as outlined in section 4.1). Confermax is not liable for inaccuracies or lapses in the authentication service.
Confermax logs a User’s unique identifier during the creation of their profile. This identifier is only for User authentication and is not retained.
Unique identifiers may be required when there’s a clear need for secure signee identification and when it’s vital to such identification based on data protection laws. These identifiers are retained in accordance with Confermax’s data retention policy, which defaults to 10 years unless stated otherwise by audit regulations.
8.4 Personal Information Sharing with Third Parties
Confermax Ltd is committed to adhering to the necessary security protocols for protecting personal data as outlined in applicable data protection laws and any directives issued by legal authorities.
9 – Reporting and Handling of Issues with Confermax
9.1 Reporting Issues
Customers must inform Confermax Ltd of any problems or deficiencies with the Confermax platform that prevent them from receiving the services they are entitled to under these Terms. Such issues should be reported promptly, and no later than 10 days from when the customer noticed or could reasonably have been expected to notice the concern.
9.2 Issue Resolution
Upon notification of any such issues, Confermax Ltd will take prompt action to address and resolve the reported problem or deficiency.
9.3 Liability Limitations
The services and information provided on confermax.com are made available on an “as is” basis without any guarantees. Confermax Ltd and its partners will not be held liable for any kind of data loss, lost profits, or other damages or expenses arising from the use of the service or from service interruptions. Confermax Ltd’s liability for indirect or consequential damages, such as operational disruptions, inability to use the service as intended, or damage to data, is limited, unless these are caused by deliberate misconduct on the part of Confermax Ltd.
Customers are responsible for maintaining the confidentiality of their login credentials. Confermax Ltd assumes no responsibility for data transmitted or received by customers while using the service. Nor is Confermax Ltd liable for data loss, corruption, service interruptions, or any issues related to the destruction or mishandling of a customer’s data. Confermax Ltd is also not responsible for unauthorized access to a customer’s data by other users of confermax.com, which may disrupt or impede the customer’s use of the service.
9.4 Service Termination
In the event of a significant breach by Confermax Ltd, customers may terminate their agreement with Confermax Ltd with immediate effect by providing written notice. The procedures outlined in section 15, paragraph two, will apply to such terminations as appropriate.
10 – Non-Compliance by the User
10.1 Purchase Cancellation and Account Closure
Should a customer significantly breach these Terms, Confermax Ltd may terminate the service agreement immediately. The customer will be informed that their access to confermax.com will be deactivated, and they will no longer be able to access stored data after one month from the notice of termination. Significant breaches include, but are not limited to, using Confermax for unsolicited marketing communications, failing to make payments, violating laws or regulations, or misusing the Confermax service or any related data.
Confermax Ltd may also temporarily suspend access to the service pending investigations or clarifications regarding a customer’s use of Confermax. Whenever possible, Confermax Ltd will provide written notice to the customer via email before access is suspended.
For execution of such terminations or suspensions, the protocol described in section 15, paragraph two, will apply as is fitting.
11 – Indemnification
The User agrees to defend and hold harmless Confermax against any claims or liabilities incurred by third parties, arising from the User’s violation or alleged complicity in the infringement of third-party rights (including intellectual property rights such as copyright, patents, trademarks, designs, trade secrets), or non-compliance with laws, regulations, or these Terms of Use. The User is permitted to take charge of the defense against such claims or work with Confermax to protect their interests as though the claims were made directly against the User. Should Confermax be subject to any claim due to the User’s actions, the User is obliged to cover not only the direct financial loss but also the costs and reasonable expenses related to managing and resolving the claim.
12 – Limitation of Liability (Force Majeure)
Confermax shall not be held accountable for any losses resulting from government actions, conflicts, uprisings, public disturbances, acts of vandalism, sabotage, terrorism, industrial disputes such as strikes or lockouts, irrespective of whether they are directed towards or initiated by Confermax or its affiliates, even if only part of Confermax’s operations are affected. This exemption also includes failures in digital infrastructure or disruptions caused by external providers that occur due to the aforementioned events.
13 – Assignment of Rights and Obligations
The right to use confermax.com is personal to the User and may not be transferred. The services provided by Confermax should not be sold, leased, or made available to others, which includes performing services on behalf of third parties.
14 – Notices
Unless otherwise specified in these Terms, all notices pertaining to the agreement should be written and sent to:
To Confermax Ltd, email: cu**************@*******ax.com
To the User: The email address provided by the User upon registration with Confermax.
15 – Termination
Either party may end the agreement with a two-week written notice, without needing to give a reason, as long as all pending transactions are completed and there are no outstanding obligations between the parties.
Upon termination, the User’s access to confermax.com will be revoked. The User is responsible for securing copies of any data they wish to retain post-termination. Confermax may keep data as necessary for continued customer service.
If a User’s account is inactive for over 18 months, Confermax may disable the account 14 days after sending a notification of impending deactivation.
In the event of a User’s passing, their account and data will be erased three months after Confermax is informed of the death, with the exception of any data necessary for ongoing customer relations.
16 – Service and Payment Terms for Data Storage
All requests, confirmations, and documents managed through Confermax are kept on secure servers.
Confermax may restrict certain features or access for the User in the case of a security breach. Unpaid accounts will result in suspension of service. Access may also be blocked for misuse or activities that contravene applicable laws. Refer to section 10 for further details.
17 – Governing Law and Jurisdiction
The agreement will be governed by and interpreted following the laws of the jurisdiction where Confermax Ltd is registered. Any disputes that cannot be settled amicably may be taken to the appropriate courts, in line with local jurisdictional laws.