User Agreements

Our services are available only to individuals who are legally capable of entering into binding contracts under applicable law. Specifically, our services are not available to minors or to Confermax members who are temporarily or permanently suspended. If you are a minor, you are not permitted to use this service. If you do not meet these criteria, please refrain from using our services. Additionally, your Confermax account (including feedback) and User ID cannot be transferred or sold to another party. If you are registering on behalf of a business entity, you affirm that you have the authority to bind that entity to this Agreement. If you are registering as an individual, you confirm that you are the person you claim to be.

Confermax provides a venue for digital transaction management, including but not limited to, audit confirmations, accounts receivable or/and accounts payable confirmations, credit inquiries, employee benefit plan audits and confirmations, and legal confirmations for accounting firms, law firms, banks, and other users, (the “Service”).

Joining and using our service to respond to audit confirmations is generally free. Where applicable, an arrangement may exist with the responder to cover fees for confirmations raised by the requestor. Details of such arrangements, including agreed fees, will be outlined in a separate agreement between the parties.

Our changes to the policy are effective after we provide you with at least fourteen (14) days’ notice of the changes by posting the changes in this Agreement. In the event we introduce a new service, the fees for that service are effective at the launch of the service. The Service may also include the provision of ancillary services deemed reasonably necessary by Confermax to run a venue for digital transaction management, including but not limited to customer support, billing, and account management.

3.1 Confermax is not an accounting firm or client user nor are we an authorized accounting firm or client user representative. Instead, our site acts as a venue to allow users to respond to audit confirmations. We are not involved in the actual transaction between users of and providers of the confirmation information. As a result, we have no control over the quality, accuracy, timeliness or legality of the requests and the responses, or the truth or accuracy of the requests and responses.

3.2 Identity Verification. We use many techniques to identify our users when they register on our site. However, because user verification on the Internet is difficult, Confermax cannot and does not confirm each user’s purported identity. Thus, we have established a user-initiated communication system to help you evaluate with whom you are dealing. We encourage you to communicate directly with individual parties through the tools available on our site.

3.3 Release. Because we are a venue, in the event that you have a dispute with one or more users, you release Confermax (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. You acknowledge that you have been advised to and have had the opportunity to seek independent legal advice in relation to this release and that this release is intended to be a full and final settlement of any such claims, known or unknown, under applicable Hong Kong law or any other jurisdiction where Confermax maintains an office. You expressly waive any rights or benefits available to you under any law in these jurisdictions that would limit the scope of this release.

3.4 Information Control. We do not have control over the information provided by other users and made available through our system. Some of this information may be inaccurate. Therefore, we advise you to exercise caution, use common sense, and follow safe practices when using our site.

3.5 Customer Support. Customer support is available free of charge by telephone or email primarily during Hong Kong business hours, currently Monday through Friday between 8:00 A.M. and 5:00 P.M. Hong Kong Time (HKT). As Confermax expands, support hours may be adjusted to accommodate additional regions. Specific contact details, including current phone numbers, email addresses, and any updates to support hours, will always be available on our website at www.confermax.com and www.auditessential.com. Confermax reserves the right to modify support hours and methods as needed to best serve our evolving user base.

By responding to a confirmation request you agree to be bound by the conditions of this Agreement. Responses are not retractable. If you choose to respond to a confirmation you are certifying that you have the legal right to respond to such confirmations on behalf of the company you purport to represent and work for, or in the case of an individual who is responding, you are certifying that you are the person you purport to be.

Without limiting any other remedies, Confermax reserves the right to suspend or terminate your account immediately if we have reason to believe that you have engaged in fraudulent activity in connection with our site, whether through conviction, settlement, insurance investigation, or any other means.

6.1 Definition. “Your Information” is defined as any information you provide to us or other users in the registration or confirmation process (including but not limited to Client Information, as defined below), in any message area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. You acknowledge and agree that as part of the Service Confermax will be required to host and process information relating to audit confirmations, accounts receivable/accounts payable confirmations, credit inquiries, employee benefit plan audits and confirmations, legal confirmations and other similar confirmations for accounting firms, law firms, banks and other financial institutions, relating to your clients (collectively “Client Information”).

6.2 Restricted Activities. Your Information (or any items listed) and your activities on the site shall not:

• be false, inaccurate, misleading, or incomplete;
• be fraudulent or potentially fraudulent;
• infringe any third party’s intellectual property rights, including but not limited to copyright, patent, trademark, trade secret, or other proprietary rights, or rights of publicity or privacy;
• violate any law, statute, ordinance, regulation, or industry standard (including, but not limited to, those governing consumer protections, data privacy, antidiscrimination, or financial regulations);
• be defamatory, trade libellous, unlawfully threatening, unlawfully harassing, or harmful to any party’s reputation;
• be obscene, offensive, or contain any form of illegal content;
• contain any viruses, malware, spyware, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
• create liability for us or cause us to lose (in whole or in part) the services of our ISPs, partners, suppliers, or other business relationships;
• attempt to bypass or compromise our security measures or the integrity of our systems;
• engage in any activity that could reasonably be expected to impair or overburden our infrastructure.

Furthermore, you may not authorize and respond to any confirmation on the site (or consummate any transaction that was initiated using our service) that, by authorizing and responding to us the usage fee or the final value fee, could cause us to violate any applicable law, statute, ordinance, regulation, or compromise our compliance with any regulatory requirements. You agree that Confermax has the discretion to determine whether any activity violates these restrictions, and we reserve the right to take any action we deem appropriate in response to such violations.

6.3 License.  Solely to enable Confermax to use You Information, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Confermax will only use Your Information in accordance with our Privacy Statement.

6.4 Access and Use. Access to and use of Client Information by Confermax will be directed by you and restricted to what is necessary to deliver the Service. Confermax will implement standards and guidelines to protect the confidentiality, integrity, and availability of Client Information hosted within the Service.

Confermax shall have and retain all rights, title, and interest in all Intellectual Property relating to the Service or arising out of the relationship described in this Agreement. “Intellectual Property” means all ideas, discoveries, inventions, innovations, developments, designs, improvements, trademarks, service marks, trade secrets, proprietary information, programs, algorithms, source code, object code, applications for patents, patents, copyrights (for the duration thereof, including renewals, extensions, and reversions thereof), copyrightable works, and the goodwill associated therewith, including enhancements, improvements, and derivative works, either presently existing or hereinafter arising.

You hereby irrevocably assign and transfer to Confermax any and all rights in any such Intellectual Property, either presently existing or hereinafter arising, and agree to take such actions (at Confermax’s expense) as Confermax may reasonably request to secure, perfect, or enforce such rights for Confermax.  While a registered user of our service, and for a period of two (2) years from the date of last login, you agree not to offer services, assist others in offering services, or engage in any activities that would compete, directly or indirectly, with the services offered by Confermax.  Any unsolicited ideas, product feedback, or suggestions submitted by you will automatically become Confermax’s exclusive property, without any compensation to you. Confermax may use, implement, or distribute such submissions and their contents for any purpose and in any way without any obligations of confidentiality, attribution, or otherwise.

7.1 License. You agree to grant us and our affiliates a non-exclusive, worldwide, perpetual, royalty-free right to use your company name, trademark, and logo (“Marks”) in our communications related to the Service. This includes use in marketing and promotional materials.

You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not reverse engineer, disassemble, decompile, decode, adapt, develop, or modify the website or Service, or otherwise attempt to derive or gain access to the source code of the website or Service, in whole or in part. You agree that you will not use any device, software or routine to bypass our security features, or to interfere or attempt to interfere with the proper working of the Confermax site or any activities conducted on our site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to Confermax by our users or third parties.   You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website without the prior expressed written permission of Confermax or the appropriate third party.

You must ensure that all information you supply to us through our website or Service, or in relation to our website or Service, is true, accurate, complete and not misleading. You shall have sole responsibility for the legality, reliability, integrity, accuracy, and quality of this information. You shall not access all or any part of our website or Service to build a product or service which competes with the Service. You shall not attempt to obtain, or assist third parties in obtaining, access to our website or Service, other than as provided under this Agreement.  You shall not make, nor permit any party to make, any use of our website or Service other than to avail of the Service. You shall not make alterations to, or permit our website or Service or any part of it to be combined with, or become incorporated into, any other programs. You shall not provide or otherwise make available our website or the Service in whole or in part (including object and source code), in any form, to any person without our prior written consent. You shall not infringe on our licensors’ intellectual property rights or those of any third party in relation to your use of our website or Service.

 We may make available to you certain Application Programming Interfaces (an “API” or “APIs”) to achieve additional functionality for users, and provide capabilities or integrations that leverage one or more of our products or services available at www.confermax.com and www.auditessential.com, or provided by our affiliates, which you may use where applicable, subject to our then current fees (if any) for such APIs. Unless previously authorized by us, or our affiliates, you must not automatically connect (whether through APIs or otherwise) any Service to other data, software, services or networks.

Without limiting other remedies, we may take immediate action if you breach this Agreement or any incorporated documents. Such actions may include removing you from our platform, warning our community about your conduct, issuing a warning to you, temporarily suspending your account, indefinitely suspending your account, or terminating your membership. We may also refuse to provide our services to you if:

• You breach this Agreement or any incorporated documents.
• We are unable to verify or authenticate any information you provide to us.
• We believe that your actions may cause financial loss or legal liability for you, our users, or us.

You will receive and transmit information to us over the Internet using SSL technology and 2048-bit or higher encryption. You must use Internet browsers that will support the use of 2048-bit or higher encryption. In order to initiate a session where information is transmitted, you will select and use an identification code (such as a “log-in ID”) and a password. You shall protect and safeguard its identification code and password, and shall only permit authorized employees to use the identification code and password in connection with the service.

We, and all other persons receiving information from you that has been transmitted using the identification code and password selected by you, shall be entitled to rely in all instances that the information so transmitted has been transmitted by you, that such information is true, accurate and complete in all respects, with the same effect and intent as if such information had been transmitted in written form bearing your written signature.

If you believe your identification code and password have been lost, stolen, or compromised, please notify us immediately using the contact number listed on www.confermax.com or www.auditessential.com. Any communications using your identification code and password received after we have had an opportunity to respond to your notice will not be valid or effective.

11.1 Privacy. We do not sell or rent your personal information to third parties and only use your information as described in the Privacy Statement available at privacy-policy.html. We take the protection of our users’ privacy seriously. We store and process your information on computers located in Hong Kong, Singapore, and other secure locations that are protected with security measures.

If you object to your personal information being collected, used, transferred, or otherwise processed in this way, please do not use our services.

11.2 Data Processing. The parties agree that the terms of the Customer Data Processing Addendum (“DPA”), shall apply to the extent Confermax Processes Customer Personal Data (as those terms are defined in the DPA), in which case the DPA is hereby incorporated into this Agreement by this reference. If the parties are required to enter into the Standard Contractual Clauses to legitimize the transfer of Personal Data outside of the European Economic Area (EEA) and/or Switzerland, then the parties hereby agree to the Standard Contractual Clauses as outlined in the DPA provided that, Appendix 1 and Appendix 2 to the Standard Contractual Clauses are hereby replaced in their entirety with the terms set forth in Schedule 1. For the purposes of this User Agreement references to “Confermax” in the DPA shall be deemed to refer to Confermax and references to “Customer” shall be deemed to refer to You.

You certify that any and all subject(s) set up as your administrator(s), supervisor(s), secretary(s), coordinator(s) and/or clerk(s) on the Confermax service are your authorized and employed representatives.

Confermax may, from time to time, conduct various audits of your practices and procedures to determine your compliance with this Agreement. You will reasonably cooperate in all those audits. Confermax may conduct on-site and/or off-site audits of your facilities as Confermax determines during normal business hours, and upon reasonable notice.

WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY APIS, ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SERVICES OR ANY CONTENT THEREIN. WE MAKE NO WARRANTIES THAT THE WEBSITE OR SERVICE WILL REMAIN AVAILABLE. WE RESERVE THE RIGHT TO DISCONTINUE OR ALTER ANY OR ALL OF THE WEBSITE OR SERVICE, AND TO STOP PUBLISHING OUR WEBSITE OR SERVICE AT ANY TIME AND IN OUR SOLE DISCRETION WITHOUT NOTICE OR EXPLANATION, AND YOU WILL NOT BE ENTITLED TO ANY COMPENSATION OR OTHER PAYMENT UPON THE DISCONTINUANCE OR ALTERATION OF OUR WEBSITE OR SERVICES. FOR THE AVOIDANACE OF ALL DOUBT, WE DO NOT WARRANT, NOR WILL BE RESPONSIBLE FOR, ANY PRODUCTS, SERVICES, FUNCTIONALITY, OR INTERFACES THAT ARE PROVIDED BY YOU OR ANY THIRD PARTY.

IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES, INCLUDING WITHOUT LIMITATION USE OF ANY APIS, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). THE USER SHALL HAVE NO LIABILITY WITH RESPECT TO THE SERVICE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE WITH RESPECT TO THE ACCURACY OR RELIABILITY OF INFORMATION PROVIDED BY THE AUDITOR (REQUESTOR), WHETHER INPUTTED INTO THE CONFERMAX WEBSITE OR ANY ASSOCIATED PLATFORMS BY US CONFERMAX OR BY THE AUDITOR. THE AUDITOR MAINTAINS THE SOLE RESPONSIBILITY AND LIABILITY FOR REVIEWING AND APPROVING THE INFORMATION POPULATED INTO THE CONFERMAX WEBSITE AND ASSOCIATED PLATFORMS. SIMILARLY, THE RESPONDER SHALL MAINTAIN RESPONSIBILITY AND LIABILITY FOR THE ACCURACY AND COMPLETENESS OF ANY INFORMATION THEY PROVIDE WITHIN THE CONFERMAX PLATFORM.

OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRECEDING THE FIRST DATE ON WHICH SUCH LIABILITY AROSE, AND (B) $100. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NONPERFORMANCE OF ANY APIS PROVIDED BY CONFERMAX SHALL BE FOR CONFERMAX TO USE COMMERCIALLY REASONABLE EFFORTS TO ADJUST OR REPAIR THE NONPERFORMING APIS.

The parties acknowledge that Confermax is not a consumer credit reference agency as defined under the Hong Kong Personal Data (Privacy) Ordinance (Cap. 486) or any similar legislation in jurisdictions where Confermax operates. Therefore, Confermax is not subject to the requirements or provisions of such legislation. Any reports accessed through the Services or Sites do not constitute consumer credit data as defined in the relevant legislation, and accordingly, such reports may not be used to determine eligibility for credit, employment, insurance underwriting, tenant screening, or for any other purpose provided for in applicable credit reporting laws.

Confermax makes no representations or warranties as to its compliance or certifications with respect to credit reporting laws or their regulatory requirements in Hong Kong or other jurisdictions. However, other Users, including banking institutions, financial organizations, credit reference agencies, and other entities with which the User may interact through the Services or Sites may be subject to such laws. Confermax makes no representations or warranties about such other Users’ compliance or certifications with respect to credit reporting laws or their regulatory requirements.

Confermax shall not be deemed a guarantor of the accuracy or completeness of information provided by other Users. Users are solely responsible for ensuring their own compliance with applicable laws and regulations when using information obtained through Confermax’s Services or Sites.

You shall indemnify and hold Confermax, along with our subsidiaries, affiliates, officers, directors, agents, employees, and financial institutions, harmless from any and all third-party claims, losses, damages, liabilities, and costs, including attorney’s fees, incurred by Confermax. This indemnification applies to the extent that such claims, damages, liabilities, and costs result directly or indirectly from:

• your negligence or intentional conduct;
• your breach of obligations under this Agreement, including any breach resulting in unauthorized or non-permissible use of information obtained via Confermax’s Confermax.com or Auditessential.com service or any other service under this Agreement;
• any claim that our website or Service, or the use thereof, infringes upon, misappropriates, or violates any intellectual property rights of a third party, provided that such claim results from or is related to:
  • an unauthorized modification of our website or Service;
  • the combination of the website or Service with software, hardware, or equipment not provided by us, if our website or Service alone would not be the subject of such claim; or
  • your unauthorized use of the website or Service;
• any data breach suffered by you, your vendor or processor, or by a vendor or processor for Confermax;
• any claim, action, audit, investigation, regulatory action, inquiry, or other proceeding arising out of or relating to your failure to comply with applicable laws and regulations in connection with the transfer of personal data to or outside Hong Kong or the EU/EEA, including any applicable Data Protection Laws.

This indemnity obligation shall survive the termination or expiration of this Agreement.

You may be given access to our confidential information or confidential information from other authorized Users in relation to your use of our website or Service. Information and knowledge related to the operation and processes of the website and Service are also considered confidential information. You shall hold confidential information in confidence and, unless required by law, not make confidential information available to any third party, or use confidential information for any purpose other than as provided for in using our website or Service. You shall take all reasonable steps to ensure that confidential information to which you have access is not disclosed or distributed by any person in violation of this Agreement. You acknowledge that details of the Service constitute our confidential information.

You represent and warrant that you have read, understand, and shall comply with all applicable laws, regulations, and judicial actions, including but not limited to the Personal Data (Privacy) Ordinance (Cap. 486), the Anti-Money Laundering and Counter-Terrorist Financing Ordinance (Cap. 615), the Crimes Ordinance (Cap. 200), the Electronic Transactions Ordinance (Cap. 553), the Prevention of Bribery Ordinance (Cap. 201), and the Securities and Futures Ordinance (Cap. 571), including all amendments thereto, and all other applicable Hong Kong legislation, regulations, and judicial actions, as now or as may become effective. You acknowledge that your use of the Services may also be subject to laws and regulations in your own jurisdiction. While this Agreement is governed by Hong Kong law, you are responsible for ensuring that your use of the Services complies with any applicable local laws in your jurisdiction. If a conflict arises between your local laws and this Agreement, you agree to immediately cease using the Services and notify us of the conflict.

You certify that you will use the Services and the information received solely for legally permissible purposes. You understand that if the system is used improperly by company personnel, or if its access codes are made available to unauthorized personnel due to carelessness on your part or otherwise, you may be held responsible for any financial losses, fees, or monetary charges that may be incurred, and your access privileges may be terminated. You will not obtain, retain, use, or provide access to the Services to any affiliate or third party in a manner that may breach applicable export control or economic sanctions laws and regulations, including those of Hong Kong, the United Nations, and any other relevant jurisdictions, including the United States of America, the United Kingdom, and the European Union and its Member States. You warrant that neither you nor any affiliate to whom you provide access to the Services is affiliated with any specially designated or sanctioned entity under these laws, and that in any transaction relating to the Services, such transactions will not involve sanctioned parties, including, without limitation, through the use of bank accounts at banks that are sanctioned entities.

Furthermore, the parties represent and warrant that they have read, understand, and shall comply with all applicable laws, regulations, and judicial actions, including, but not limited to, anti-bribery laws, anti-corruption laws, anti-slavery laws, anti-human trafficking laws, tax laws, and any applicable laws aimed at preventing the facilitation of criminal behaviour.

Nothing in this agreement shall limit the UKF’s liability for death or personal injury caused by its negligence or that or its personnel; fraud or fraudulent misrepresentation; or for any other liability which cannot be excluded under English law, even if any other terms of this Agreement would suggest that this might otherwise be the case.

You expressly acknowledge and agree that the UKF:

• is not a party to this Agreement and is not involved in the design, supply or support of Confermax’s services including the service promoted to UK banks as “UKF Confirmations”;
• makes no representation or warranty that the services will be adequate or appropriate for you and its requirements and any UKF trademarks or logos present in marketing materials or other documents do not represent an endorsement of the service;
• shall not be responsible for providing any of the services; and
• shall have no liability to you whatsoever whether direct or indirect and whether in contact, tort (including negligence), misrepresentation or for any other reason in respect of any of the services provided under this agreement.

You and Confermax are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Except as explicitly stated otherwise, any notices shall be given by postal mail to Confermax Ltd, Attn: Legal Department, Confermax Limited, 3/F, Houston Centre, 63 Mody Road, Tsim Sha Tsui East, Kowloon, Hong Kong (in the case of Confermax) or to the email address you provide to Confermax during the registration process (in your case). Notice shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Confermax during the registration process. In such a case, notice shall be deemed given 3 days after the date of mailing.

Any legal controversy or claim arising out of or relating to this Agreement or our services, excluding legal action taken by Confermax to collect our fees and/or recover damages for, or obtain an injunction relating to, the Confermax site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Hong Kong International Arbitration Centre (HKIAC). Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated with any claim or controversy of any other party. The arbitration shall be conducted in Hong Kong, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or Confermax may seek any interim or preliminary relief from a court of competent jurisdiction in Hong Kong necessary to protect the rights or property of you or Confermax pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to HKD 7900.00 or USD1000.00.

This Agreement shall be governed in all respects by the laws of Hong Kong, without reference to conflict of laws principles. You further consent to exclusive jurisdiction by the courts of Hong Kong.

You agree that this Agreement and all incorporated agreements may be automatically assigned by Confermax, in our sole discretion, to a third party in the event of a merger or acquisition. You may not, without our prior written consent, assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under this Agreement.

The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on our site:

Customer Data Processing Addendum: confermax-compliance.html

Privacy Statement: privacy-policy.html  

Fee and Credit Policy: request-for-support.html

Each of these policies may be changed from time to time and are effective immediately after we post the changes on our site, except for the Privacy Statement for which we will provide you with thirty days prior notice. In addition, when using particular services on our site, you agree that you are subject to any posted policies or rules applicable to services you use through our site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.

You acknowledge and agree that:

• members of Confermax’s Group may be retained as sub-processors; and
• Confermax and members of Confermax’s Group respectively may engage third-party sub-processors in connection with the provision of the Services.

We do not guarantee and shall not be liable for the performance of any sub-processor or sub-contractor.

We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

English is the official language used for content on the Confermax.com and Auditessential.com websites. Through the use of a third-party provider Confermax.com and Auditessential.com provide users with limited English proficiency to access information on the site. Translations made through this automated process should not be considered exact particularly in cases of technical and legal terminology. Additionally, some files including graphs, photos and portable document formats (pdfs) cannot be translated through this process. Confermax Ltd does not warrant the accuracy or reliability of any information translated by this system and shall not be liable for any losses caused by such reliance on the accuracy or reliability of such information. While every effort is made to ensure the accuracy of the translation, portions may be incorrect. Any person or entity who relies on information obtained from the system does so at his or her own risk.

This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 2 (Fees and Services) with respect to fees owed for our services, 3.3 (Release), 6.3 (License), 8 (Access and Interference), 15 (Liability Limit), 17 (Indemnity) and 23 (Arbitration) shall survive any termination or expiration of this Agreement.

The services hereunder are offered by Confermax Ltd, located at 3/F, Houston Centre, 63 Mody Road, Tsim Sha Tsui East, Kowloon, Hong Kong. Fees for our services are described above in Section 2 (Fees and Services).

Disputes between you and Confermax regarding our services may be reported to Customer Support by mailing us at Confermax Ltd, 3/F, Houston Centre, 63 Mody Road, Tsim Sha Tsui East, Kowloon, Hong Kong. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.

You evidence your acceptance of this User Agreement by using the Confermax.com or Auditessential.com service. Such acceptance shall have the same legal effect as your written signature set forth on a written document containing the terms and conditions of this User Agreement.

Our services are available only to individuals who are legally capable of entering into binding contracts under applicable law. Specifically, our services are not available to minors or to Confermax members who are temporarily or permanently suspended. If you are a minor, you are not permitted to use this service. If you do not meet these criteria, please refrain from using our services. Additionally, your Confermax account (including feedback) and User ID cannot be transferred or sold to another party. If you are registering on behalf of a business entity, you affirm that you have the authority to bind that entity to this Agreement. If you are registering as an individual, you confirm that you are the person you claim to be.

Confermax provides a venue for digital transaction management, including but not limited to, audit confirmations, accounts receivable or/and accounts payable confirmations, credit inquiries, employee benefit plan audits and confirmations, and legal confirmations for accounting firms, law firms, banks, and other users, (the “Service”). The Service also includes the provision of ancillary services deemed reasonably necessary by Confermax to run a venue for digital transaction management, including but not limited to customer support, billing, and account management.

Joining our service is free. There is a charge for requesting and receiving confirmations. Our Fees and Credit Policy is available here and is incorporated by reference. We may change our Fees and Credit Policy and the fees for our services from time to time. Our changes to the policy are effective upon our posting of an updated Fee Policy on the www.confermax.com or www.auditessential.com website. We may choose to temporarily change our Fee Policy and the fees for our services for promotional events and such changes are effective when we post the temporary promotional event on the www.confermax.com or www.auditessential.com website.

When you purchase a confirmation, you have an opportunity to review and accept the fees that you will be charged for the use of our services. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in either Hong Kong Dollar (HKD) or U.S. Dollars (USD). You are responsible for paying all fees associated with using our service and our website and all applicable taxes.

3.1 Confermax is not a bank or law firm nor are we an authorized bank or law firm representative. Instead, our site acts as a venue to allow users to request, receive, and buy confirmations at any time, from anywhere. We are not involved in the actual transaction between users of and providers of the confirmation information. As a result, we have no control over the quality, accuracy, timeliness or legality of the requests and the responses, or the truth or accuracy of the requests and responses. We also cannot ensure that a provider will actually complete a transaction.

3.2 Identity Verification. We use many techniques to identify our users when they register on our site. However, because user verification on the Internet is difficult, Confermax cannot and does not confirm each user’s purported identity. Thus, we have established a user-initiated communication system to help you evaluate with whom you are dealing. We encourage you to communicate directly with individual parties through the tools available on our site.

3.3 Release. Because we are a venue, in the event that you have a dispute with one or more users, you release Confermax (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. You acknowledge that you have been advised to and have had the opportunity to seek independent legal advice in relation to this release and that this release is intended to be a full and final settlement of any such claims, known or unknown, under applicable Hong Kong law or any other jurisdiction where Confermax maintains an office. You expressly waive any rights or benefits available to you under any law in these jurisdictions that would limit the scope of this release.

3.4 Information Control. We do not have control over the information provided by other users and made available through our system. Some of this information may be inaccurate. Therefore, we advise you to exercise caution, use common sense, and follow safe practices when using our site.

3.5 Customer Support. Customer support is available free of charge by telephone or email primarily during Hong Kong business hours, currently Monday through Friday between 8:00 A.M. and 5:00 P.M. Hong Kong Time (HKT). As Confermax expands, support hours may be adjusted to accommodate additional regions. Specific contact details, including current phone numbers, email addresses, and any updates to support hours, will always be available on our website at www.confermax.com and www.auditessential.com. Confermax reserves the right to modify support hours and methods as needed to best serve our evolving user base.

By authorizing and/or requesting a confirmation request, you agree to be bound by the conditions of this Agreement. Authorization are not retractable. If you choose to authorise and/or request a confirmation request, you are certifying that you have the legal right to authorize and/or request such confirmation requests.

Confermax utilizes Address Lookup information gathered from both public and private data sources. These sources, including public records, private records, and commercially available databases, may contain errors and may not be exhaustive. Data can sometimes be inaccurately entered or incorrectly processed. Therefore, this system should not be considered definitively accurate. Users are advised to independently verify any data obtained from this system before relying on it.

Without limiting any other remedies, Confermax reserves the right to suspend or terminate your account immediately if we have reason to believe that you have engaged in fraudulent activity in connection with our site, whether through conviction, settlement, insurance investigation, or any other means.

7.1 Definition. “Your Information” is defined as any information you provide to us or other users in the registration or confirmation process, in any message area or through any email feature including but not limited to information relating to the audit confirmations, accounts receivable/accounts payable confirmations, credit inquiries, employee benefit plan audits and confirmations, and legal confirmations and other similar confirmations for accounting firms, law firms, banks and other financial institutions. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. You acknowledge and agree that as part of the Service, Confermax will be required to host and process Your Information. Confermax will establish standards and guidelines designed to protect the confidentiality, integrity and availability of Your Information hosted in the Service.

7.2 Restricted Activities. Your Information (or any items listed) and your activities on the site shall not:

• be false, inaccurate, misleading, or incomplete;
• be fraudulent or potentially fraudulent;
• infringe any third party’s intellectual property rights, including but not limited to copyright, patent, trademark, trade secret, or other proprietary rights, or rights of publicity or privacy;
• violate any law, statute, ordinance, regulation, or industry standard (including, but not limited to, those governing consumer protections, data privacy, antidiscrimination, or financial regulations);
• be defamatory, trade libellous, unlawfully threatening, unlawfully harassing, or harmful to any party’s reputation;
• be obscene, offensive, or contain any form of illegal content;
• contain any viruses, malware, spyware, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
• create liability for us or cause us to lose (in whole or in part) the services of our ISPs, partners, suppliers, or other business relationships;
• attempt to bypass or compromise our security measures or the integrity of our systems;
• engage in any activity that could reasonably be expected to impair or overburden our infrastructure.

Furthermore, you may not authorize or request any confirmation on the site (or consummate any transaction that was initiated using our service) that, by authorizing or paying to us the usage fee or the final value fee, could cause us to violate any applicable law, statute, ordinance, regulation, or compromise our compliance with any regulatory requirements. You agree that Confermax has the discretion to determine whether any activity violates these restrictions, and we reserve the right to take any action we deem appropriate in response to such violations.

7.3 License. Solely to enable Confermax to use You Information, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Confermax will only use Your Information in accordance with our Privacy Statement.

Confermax shall have and retain all rights, title, and interest in all Intellectual Property relating to the Service or arising out of the relationship described in this Agreement. “Intellectual Property” means all ideas, discoveries, inventions, innovations, developments, designs, improvements, trademarks, service marks, trade secrets, proprietary information, programs, algorithms, source code, object code, applications for patents, patents, copyrights (for the duration thereof, including renewals, extensions, and reversions thereof), copyrightable works, and the goodwill associated therewith, including enhancements, improvements, and derivative works, either presently existing or hereinafter arising.

You hereby irrevocably assign and transfer to Confermax any and all rights in any such Intellectual Property, either presently existing or hereinafter arising, and agree to take such actions (at Confermax’s expense) as Confermax may reasonably request to secure, perfect, or enforce such rights for Confermax.  While a registered user of our service, and for a period of two (2) years from the date of last login, you agree not to offer services, assist others in offering services, or engage in any activities that would compete, directly or indirectly, with the services offered by Confermax.  Any unsolicited ideas, product feedback, or suggestions submitted by you will automatically become Confermax’s exclusive property, without any compensation to you. Confermax may use, implement, or distribute such submissions and their contents for any purpose and in any way without any obligations of confidentiality, attribution, or otherwise.

You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not reverse engineer, disassemble, decompile, decode, adapt, develop, or modify the website or Service, or otherwise attempt to derive or gain access to the source code of the website or Service, in whole or in part. You agree that you will not use any device, software or routine to bypass our security features, or to interfere or attempt to interfere with the proper working of the Confermax site or any activities conducted on our site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to Confermax by our users or third parties.   You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website without the prior expressed written permission of Confermax or the appropriate third party.

You must ensure that all information you supply to us through our website or Service, or in relation to our website or Service, is true, accurate, complete and not misleading. You shall have sole responsibility for the legality, reliability, integrity, accuracy, and quality of this information. You shall not access all or any part of our website or Service to build a product or service which competes with the Service. You shall not attempt to obtain, or assist third parties in obtaining, access to our website or Service, other than as provided under this Agreement.  You shall not make, nor permit any party to make, any use of our website or Service other than to avail of the Service. You shall not make alterations to, or permit our website or Service or any part of it to be combined with, or become incorporated into, any other programs. You shall not provide or otherwise make available our website or the Service in whole or in part (including object and source code), in any form, to any person without our prior written consent. You shall not infringe on our licensors’ intellectual property rights or those of any third party in relation to your use of our website or Service.

 We may make available to you certain Application Programming Interfaces (an “API” or “APIs”) to achieve additional functionality for users, and provide capabilities or integrations that leverage one or more of our products or services available at www.confermax.com and www.auditessential.com, or provided by our affiliates, which you may use where applicable, subject to our then current fees (if any) for such APIs. Unless previously authorized by us, or our affiliates, you must not automatically connect (whether through APIs or otherwise) any Service to other data, software, services or networks.

Without limiting other remedies, we may take immediate action if you breach this Agreement or any incorporated documents. Such actions may include removing you from our platform, warning our community about your conduct, issuing a warning to you, temporarily suspending your account, indefinitely suspending your account, or terminating your membership. We may also refuse to provide our services to you if:

• You breach this Agreement or any incorporated documents.
• We are unable to verify or authenticate any information you provide to us.
• We believe that your actions may cause financial loss or legal liability for you, our users, or us.

You will receive and transmit information to us over the Internet using SSL technology and 2048-bit or higher encryption. You must use Internet browsers that will support the use of 2048-bit or higher encryption. In order to initiate a session where information is transmitted, you will select and use an identification code (such as a “log-in ID”) and a password. You shall protect and safeguard its identification code and password, and shall only permit authorized employees to use the identification code and password in connection with the service.

We, and all other persons receiving information from you that has been transmitted using the identification code and password selected by you, shall be entitled to rely in all instances that the information so transmitted has been transmitted by you, that such information is true, accurate and complete in all respects, with the same effect and intent as if such information had been transmitted in written form bearing your written signature.

If you believe your identification code and password have been lost, stolen, or compromised, please notify us immediately using the contact number listed on www.confermax.com or www.auditessential.com. Any communications using your identification code and password received after we have had an opportunity to respond to your notice will not be valid or effective.

12.1 Privacy.   We do not sell or rent your personal information to third parties and only use your information as described in the Privacy Statement available at privacy-policy.html. We take the protection of our users’ privacy seriously. We store and process your information on computers located in Hong Kong, Singapore, and other secure locations that are protected with security measures.

If you object to your personal information being collected, used, transferred, or otherwise processed in this way, please do not use our services.

12.2 Data Processing. The parties agree that the terms of the Customer Data Processing Addendum (“DPA”), shall apply to the extent Confermax Processes Customer Personal Data (as those terms are defined in the DPA), in which case the DPA is hereby incorporated into this Agreement by this reference. If the parties are required to enter into the Standard Contractual Clauses to legitimize the transfer of Personal Data outside of the European Economic Area (EEA) and/or Switzerland, then the parties hereby agree to the Standard Contractual Clauses as outlined in the DPA provided that, Appendix 1 and Appendix 2 to the Standard Contractual Clauses are hereby replaced in their entirety with the terms set forth in Schedule 1. For the purposes of this User Agreement references to “Confermax” in the DPA shall be deemed to refer to Confermax and references to “Customer” shall be deemed to refer to You.

WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY APIS, ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SERVICES OR ANY CONTENT THEREIN. WE MAKE NO WARRANTIES THAT THE WEBSITE OR SERVICE WILL REMAIN AVAILABLE. WE RESERVE THE RIGHT TO DISCONTINUE OR ALTER ANY OR ALL OF THE WEBSITE OR SERVICE, AND TO STOP PUBLISHING OUR WEBSITE OR SERVICE AT ANY TIME AND IN OUR SOLE DISCRETION WITHOUT NOTICE OR EXPLANATION, AND YOU WILL NOT BE ENTITLED TO ANY COMPENSATION OR OTHER PAYMENT UPON THE DISCONTINUANCE OR ALTERATION OF OUR WEBSITE OR SERVICES. FOR THE AVOIDANACE OF ALL DOUBT, WE DO NOT WARRANT, NOR WILL BE RESPONSIBLE FOR, ANY PRODUCTS, SERVICES, FUNCTIONALITY, OR INTERFACES THAT ARE PROVIDED BY YOU OR ANY THIRD PARTY.

IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES, INCLUDING WITHOUT LIMITATION USE OF ANY APIS, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). THE USER SHALL HAVE NO LIABILITY WITH RESPECT TO THE SERVICE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE WITH RESPECT TO THE ACCURACY OR RELIABILITY OF INFORMATION PROVIDED BY THE AUDITOR (I.E., REQUESTOR), WHETHER INPUTTED INTO THE CONFERMAX WEBSITE OR ANY ASSOCIATED PLATFORMS BY US CONFERMAX OR BY THE AUDITOR. THE AUDITOR MAINTAINS THE SOLE RESPONSIBILITY AND LIABILITY FOR REVIEWING AND APPROVING THE INFORMATION POPULATED INTO THE CONFERMAX WEBSITE AND ASSOCIATED PLATFORMS. SIMILARLY, THE RESPONDER SHALL MAINTAIN RESPONSIBILITY AND LIABILITY FOR THE ACCURACY AND COMPLETENESS OF ANY INFORMATION THEY PROVIDE WITHIN THE CONFERMAX PLATFORM.

OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSOR OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRECEDING THE FIRST DATE ON WHICH SUCH LIABILITY AROSE, OR (B) USD 100 / HKD 780. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NONPERFORMANCE OF ANY APIS PROVIDED BY CONFERMAX SHALL BE FOR CONFERMAX TO USE COMMERCIALLY REASONABLE EFFORTS TO ADJUST OR REPAIR THE NONPERFORMING APIS.

The parties acknowledge that Confermax is not a consumer credit reference agency as defined under the Hong Kong Personal Data (Privacy) Ordinance (Cap. 486) or any similar legislation in jurisdictions where Confermax operates. Therefore, Confermax is not subject to the requirements or provisions of such legislation. Any reports accessed through the Services or Sites do not constitute consumer credit data as defined in the relevant legislation, and accordingly, such reports may not be used to determine eligibility for credit, employment, insurance underwriting, tenant screening, or for any other purpose provided for in applicable credit reporting laws.

Confermax makes no representations or warranties as to its compliance or certifications with respect to credit reporting laws or their regulatory requirements in Hong Kong or other jurisdictions. However, other Users, including banking institutions, financial organizations, credit reference agencies, and other entities with which the User may interact through the Services or Sites may be subject to such laws. Confermax makes no representations or warranties about such other Users’ compliance or certifications with respect to credit reporting laws or their regulatory requirements.

Confermax shall not be deemed a guarantor of the accuracy or completeness of information provided by other Users. Users are solely responsible for ensuring their own compliance with applicable laws and regulations when using information obtained through Confermax’s Services or Sites.

You shall indemnify and hold Confermax, along with our subsidiaries, affiliates, officers, directors, agents, employees, and financial institutions, harmless from any and all third-party claims, losses, damages, liabilities, and costs, including attorney’s fees, incurred by Confermax. This indemnification applies to the extent that such claims, damages, liabilities, and costs result directly or indirectly from:

• your negligence or intentional conduct;
• your breach of obligations under this Agreement, including any breach resulting in unauthorized or non-permissible use of information obtained via Confermax’s Confermax.com or Auditessential.com service or any other service under this Agreement;
• any claim that our website or Service, or the use thereof, infringes upon, misappropriates, or violates any intellectual property rights of a third party, provided that such claim results from or is related to:
  • an unauthorized modification of our website or Service;
  • the combination of the website or Service with software, hardware, or equipment not provided by us, if our website or Service alone would not be the subject of such claim; or
  • your unauthorized use of the website or Service;
• any data breach suffered by you, your vendor or processor, or by a vendor or processor for Confermax;
• any claim, action, audit, investigation, regulatory action, inquiry, or other proceeding arising out of or relating to your failure to comply with applicable laws and regulations in connection with the transfer of personal data to or outside Hong Kong or the EU/EEA, including any applicable Data Protection Laws.

This indemnity obligation shall survive the termination or expiration of this Agreement.

You may be given access to our confidential information or confidential information from other authorized Users in relation to your use of our website or Service. Information and knowledge related to the operation and processes of the website and Service are also considered confidential information. You shall hold confidential information in confidence and, unless required by law, not make confidential information available to any third party, or use confidential information for any purpose other than as provided for in using our website or Service. You shall take all reasonable steps to ensure that confidential information to which you have access is not disclosed or distributed by any person in violation of this Agreement. You acknowledge that details of the Service constitute our confidential information.

You represent and warrant that you have read, understand, and shall comply with all applicable laws, regulations, and judicial actions, including but not limited to the Personal Data (Privacy) Ordinance (Cap. 486), the Anti-Money Laundering and Counter-Terrorist Financing Ordinance (Cap. 615), the Crimes Ordinance (Cap. 200), the Electronic Transactions Ordinance (Cap. 553), the Prevention of Bribery Ordinance (Cap. 201), and the Securities and Futures Ordinance (Cap. 571), including all amendments thereto, and all other applicable Hong Kong legislation, regulations, and judicial actions, as now or as may become effective. You acknowledge that your use of the Services may also be subject to laws and regulations in your own jurisdiction. While this Agreement is governed by Hong Kong law, you are responsible for ensuring that your use of the Services complies with any applicable local laws in your jurisdiction. If a conflict arises between your local laws and this Agreement, you agree to immediately cease using the Services and notify us of the conflict.

You certify that you will use the Services and the information received solely for legally permissible purposes. You understand that if the system is used improperly by company personnel, or if its access codes are made available to unauthorized personnel due to carelessness on your part or otherwise, you may be held responsible for any financial losses, fees, or monetary charges that may be incurred, and your access privileges may be terminated. You will not obtain, retain, use, or provide access to the Services to any affiliate or third party in a manner that may breach applicable export control or economic sanctions laws and regulations, including those of Hong Kong, the United Nations, and any other relevant jurisdictions, including the United States of America, the United Kingdom, and the European Union and its Member States. You warrant that neither you nor any affiliate to whom you provide access to the Services is affiliated with any specially designated or sanctioned entity under these laws, and that in any transaction relating to the Services, such transactions will not involve sanctioned parties, including, without limitation, through the use of bank accounts at banks that are sanctioned entities.

Furthermore, the parties represent and warrant that they have read, understand, and shall comply with all applicable laws, regulations, and judicial actions, including, but not limited to, anti-bribery laws, anti-corruption laws, anti-slavery laws, anti-human trafficking laws, tax laws, and any applicable laws aimed at preventing the facilitation of criminal behaviour.

Nothing in this agreement shall limit the UKF’s liability for death or personal injury caused by its negligence or that or its personnel; fraud or fraudulent misrepresentation; or for any other liability which cannot be excluded under English law, even if any other terms of this Agreement would suggest that this might otherwise be the case.

You expressly acknowledge and agree that the UKF:

• is not a party to this Agreement and is not involved in the design, supply or support of Confermax’s services including the service promoted to UK banks as “UKF Confirmations”;
• makes no representation or warranty that the services will be adequate or appropriate for you and its requirements and any UKF trademarks or logos present in marketing materials or other documents do not represent an endorsement of the service;
• shall not be responsible for providing any of the services; and
• shall have no liability to you whatsoever whether direct or indirect and whether in contact, tort (including negligence), misrepresentation or for any other reason in respect of any of the services provided under this agreement.

You and Confermax are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Except as explicitly stated otherwise, any notices shall be given by postal mail to Confermax Ltd, Attn: Legal Department, Confermax Limited, 3/F, Houston Centre, 63 Mody Road, Tsim Sha Tsui East, Kowloon, Hong Kong (in the case of Confermax) or to the email address you provide to Confermax during the registration process (in your case). Notice shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Confermax during the registration process. In such a case, notice shall be deemed given 3 days after the date of mailing.

Any legal controversy or claim arising out of or relating to this Agreement or our services, excluding legal action taken by Confermax to collect our fees and/or recover damages for, or obtain an injunction relating to, the Confermax site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Hong Kong International Arbitration Centre (HKIAC). Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated with any claim or controversy of any other party. The arbitration shall be conducted in Hong Kong, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or Confermax may seek any interim or preliminary relief from a court of competent jurisdiction in Hong Kong necessary to protect the rights or property of you or Confermax pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to HKD 7900.00 or USD1000.00.

The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on our site:

Customer Data Processing Addendum: confermax-compliance.html

Privacy Statement: privacy-policy.html 

Fee and Credit Policy: request-for-support.html

Each of these policies may be changed from time to time and are effective immediately after we post the changes on our site, except for the Privacy Statement for which we will provide you with thirty days prior notice. In addition, when using particular services on our site, you agree that you are subject to any posted policies or rules applicable to services you use through our site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.

You acknowledge and agree that:

• members of Confermax’s Group may be retained as sub-processors; and
• Confermax and members of Confermax’s Group respectively may engage third-party sub-processors in connection with the provision of the Services.

We do not guarantee and shall not be liable for the performance of any sub-processor or sub-contractor.

This Agreement shall be governed in all respects by the laws of Hong Kong, without reference to conflict of laws principles. You further consent to exclusive jurisdiction by the courts of Hong Kong.

You agree that this Agreement and all incorporated agreements may be automatically assigned by Confermax, in our sole discretion, to a third party in the event of a merger or acquisition. You may not, without our prior written consent, assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under this Agreement.

We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

English is the official language used for content on the Confermax.com and Auditessential.com websites. Through the use of a third-party provider Confermax.com and Auditessential.com provide users with limited English proficiency to access information on the site. Translations made through this automated process should not be considered exact particularly in cases of technical and legal terminology. Additionally, some files including graphs, photos and portable document formats (pdfs) cannot be translated through this process. Confermax Ltd does not warrant the accuracy or reliability of any information translated by this system and shall not be liable for any losses caused by such reliance on the accuracy or reliability of such information. While every effort is made to ensure the accuracy of the translation, portions may be incorrect. Any person or entity who relies on information obtained from the system does so at his or her own risk.

This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 2 (Fees and Service) with respect to fees owed for our services, 3.3 (Release), 7.3 (License), 9 (Access and Interference), 14 (Liability Limit), 16 (Indemnity) and 22 (Arbitration) shall survive any termination or expiration of this Agreement.

The services hereunder are offered by Confermax Ltd, located at 3/F, Houston Centre, 63 Mody Road, Tsim Sha Tsui East, Kowloon, Hong Kong. Fees for our services are described above in Section 2 (Fees and Services).

Disputes between you and Confermax regarding our services may be reported to Customer Support by mailing us at Confermax Ltd, 3/F, Houston Centre, 63 Mody Road, Tsim Sha Tsui East, Kowloon, Hong Kong. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.

You evidence your acceptance of this User Agreement by using the Confermax.com or Auditessential.com service. Such acceptance shall have the same legal effect as your written signature set forth on a written document containing the terms and conditions of this User Agreement.

You have the right to and do certify and agree to the following:

• I have read and agree to the User’s Agreement and all information provided.
• I have the right to and do hereby authorize my financial institution, trade creditor, bank, trading partner, debtor and other business partners to use Confermax.com or Auditessential.com service to respond to and release the requested information to my Accountant.
• I also recognize that these confirming entities may receive financial compensation from Confermax for providing the information.

On behalf of my company, who I have the right to and do represent:

To our financial institutions, trade creditors, banks, trading partners, debtors and other business partners:

We have provided to our accountants the information on the electronic confirmation as of the close of business on the date requested on the electronic confirmation regarding our financial information. Please confirm the accuracy of the information, noting any exceptions to the information provided. If the balances have been left blank, please complete this form by furnishing the balance in the appropriate space on the electronic form. Although we do not request or expect you to conduct a comprehensive, detailed search of your records, if during the process of completing this confirmation additional information about other financial accounts we may have with you comes to your attention, please include such information on the electronic form. Please use Confermax.com or Auditessential.com service to return the electronic confirmation directly to our accountants.