This “Money Tracker” mobile application (“Application”) and the IFEC website (www.ifec.org.hk) are owned and managed by the Investor and Financial Education Council (“IFEC”). By using the Application, you (“User”) accept these terms of use (“Terms”). These Terms constitute a binding agreement, governing use of the Application, between User and IFEC. By downloading, installing or using the Application, User acknowledges and agrees to be bound by these Terms. Should User not acknowledge and agree to these Terms, User must immediately uninstall the Application and discontinue its use. Continued use of the Application signifies User’s continued acceptance of these Terms and any changes to them.
- Grant of licence
Subject to these Terms, IFEC grants User a personal, non-exclusive, non-transferable, limited and revocable licence (“User Licence”) to use the Application for personal and/or non-commercial use only on a device owned or controlled by User (“User’s Device”). Any use of the Application in any other manner, including, without limitation, resale, transfer, modification or distribution of the Application or text, pictures, music, barcodes, video, data, hyperlinks, displays and other content associated with the Application (“Content”) is prohibited.
User may terminate the use of the Application at any time by uninstalling the Application and destroying all copies of the Application in User’s possession. IFEC reserves the right to terminate User Licence at any time if User is in breach of any of these Terms.
IFEC may, at any time and without giving prior notice to User, modify, update, improve, supplement or replace the Application, stop providing the Application or features of the Application to User or create usage limits for the Application.
These Terms and User Licence also govern any modifications or updates to, improvements of, supplements or replacements for, the Application unless separate terms accompany such modifications, updates, improvements, supplements or replacements, in which case the separate terms will apply. - User information
While the functionality of the Application may require input of personal information, including financial information and passwords (“User Information”), no personal identifiable information is collected from User. The User Information is stored on the User’s Device only.
User is solely responsible for the confidentiality and security of any User Information stored on the User’s Device. IFEC shall not be responsible for any losses arising out of the loss or theft of User Information stored on the User’s Device. - Privacy policy
IFEC respects personal data privacy and is committed to fully implementing and complying with the data protection principles and all relevant requirements of the Personal Data (Privacy) Ordinance. The Application does not access any data on the User’s Device or obtain any personal identifiable information from User.
IFEC will record visits to the Application without collecting any personal identifiable information from User. Such general statistics are collected to compile statistical reports and diagnose problems with, or concerning, computer systems to help improve the Application.
The Application supports sharing of information via third party social networking sites (“Share Function”). The Application does not access and/or collect any data from the third party social networking sites. If User uses the Share Function of the Application, User should refer to the privacy policy of the corresponding third party social networking sites. - Prohibited use
Use of the Application is limited to the contemplated functionality. The Application shall not be used in any way that:-
(a) harasses, abuses, stalks, threatens, defames or otherwise infringes or violates the rights of any other party; (b) is unlawful, fraudulent or deceptive; (c) uses technology or other means to access unauthorised content or non-public spaces; (d) uses or launches any automated system or process, including, without limitation, “bots”, “spiders” or “crawlers” to access unauthorised content or non-public spaces; (e) attempts to introduce viruses or any other harmful computer codes, files or programmes that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (f) attempts to damage, disable, overburden or impair the Application, IFEC’s servers or networks; (g) attempts to gain unauthorised access to IFEC’s computer network or other user accounts; (h) encourages conduct that would constitute criminal offence or that gives rise to civil liability; or (i) violates these Terms in any manner.
IFEC reserves the right, in its sole discretion, to terminate any User Licence, stop providing the Application or features of the Application to User, assist law enforcement in the prosecution of criminal liability or assert a civil or criminal legal action with respect to the use of the Application that IFEC reasonably believes is or might be in violation of any of these Terms. - Indemnification
User agrees to indemnify and hold harmless IFEC, its parent company and affiliated companies and their respective employees, agents, contractors, directors, officers and anyone involved in creating or providing the Application, from any and all claims or causes of action, liabilities, damages, costs, fines, penalties and expenses (including legal adviser’s fees) occurring from or related to the use or misuse of the Application, violation of any of these Terms or violation of any rights of a third party, or any allegation thereof. - No liability
The operation of the Application is based on certain assumptions including hypothetical data input by User. The results generated by the Application are for reference only and are not intended as and cannot be a substitute for professional financial advice. IFEC shall not be liable for any human or mechanical errors or omissions in generating, or any reliance placed upon, the results. IFEC shall not be liable for the consequences of any decision or action taken upon or as a result of the information provided by the Application.
IFEC does not guarantee uninterrupted, continuous or secure access to the Application. IFEC accepts no liability for any disruption or non-availability of the Application resulting from external causes beyond IFEC’s control including, without limitation, internet service provider equipment failure, host equipment failure, communications network failure, system malfunctions and disruptions, power failure, natural events, acts of war or legal restrictions and censorship.
To the fullest extent allowable under applicable law, in no event shall IFEC, its parent company and affiliated companies and their respective employees, agents, contractors, directors, officers and anyone involved in creating or providing the Application be liable for any direct, indirect, incidental, special, exemplary or consequential loss or damage (including, without limitation, procurement of substitute goods or services, loss of use, data or profits, loss, theft or corruption of User Information, data disruption, the inability to use the Application, User’s Device failure or malfunction or business interruption) however caused and whether in contract, strict liability, tort (including negligence or otherwise) or any other legal basis arising in any way out of the use of, inability to use or reliance upon any information or materials provided by, the Application, even if advised of the possibility of such loss or damage.
As IFEC does not access, obtain, retain or manage any data (including User Information) stored in the Application on the User’s Device (except as provided for in Clause 3), User is solely responsible for the management, protection and back-up of such data. User acknowledges and agrees that he or she may not be able to access some or all of such data in case IFEC modifies, updates, improves, supplements and/or replaces the Application, stops providing the Application or any features of the Application or creates usage limits for the Application. For the avoidance of doubt, IFEC shall not be responsible for any data loss or disruption arising out of any such modifications, updates, improvements, supplements, replacements, stoppage or usage limitations. User is advised to back up such data from time to time, in particular before any Application update (whether automatic or manual) to avoid data disruption/loss or the like. - No warranties
IFEC is providing the Application to User on an “as is” and “as available” basis without any warranties or representations, expressed or implied, with respect to the accuracy, availability, completeness or usefulness of the Application. User is using the Application at his or her own risk. To the fullest extent allowable under applicable law, IFEC, its parent company and affiliated companies and their respective employees, agents, contractors, directors, officers and anyone involved in creating or providing the Application disclaim all warranties or representations, whether express or implied, including any warranties or representations that the Application is merchantable, of satisfactory quality, reliable, accurate, fit for a particular purpose or need, non-infringing or free of defects or errors or able to operate on an uninterrupted basis. - Copyright and other intellectual property rights
Unless otherwise stated, all copyright and other intellectual property rights in the Application and its Content belong to IFEC. The Application and its Content may not be copied, imitated, used, reproduced or distributed, in whole or in part, without IFEC's prior written consent.
You are not authorised to use any of the IFEC trademarks in any advertising, publicity or in any other commercial manner without the prior written consent of IFEC, which may be withheld for any or no reason. - Modification of these Terms
IFEC reserves the right to revise any of these Terms at any time and at its sole discretion by posting the revised terms on IFEC’s website (https://ifec.org.hk) or within the Application. Continued use of the Application following the posting of the revised terms will constitute User’s acknowledgement and agreement to the revised terms. IFEC reserves the right to seek all remedies available at law and in equity for violations of any of these Terms (as may be modified from time to time). - Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (“HKSAR”). User agrees that any legal action arising out of or relating to the use of the Application shall be filed only in the courts of HKSAR. User hereby irrevocably submits to the exclusive jurisdiction of the courts of HKSAR.
IFEC makes no representation that information or materials provided by the Application or its Content are appropriate or available for use in other locations. User is prohibited from accessing or using such information, materials or Content from territories where such access or use is illegal. User who chooses to access the Application from other locations do so on his or her own initiative and is responsible for compliance with local laws. - Severability
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. - No waiver
The failure of IFEC to exercise or delay in exercising a right or remedy under these Terms shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy under these Terms shall prevent any further exercise of the right or remedy or the exercise of any other rights or remedies. The rights and remedies contained in these Terms are cumulative and not exclusive of any rights or remedies provided by law. - Entire agreement
Subject to Clause 9, these Terms constitute the entire agreement between User and IFEC with respect to the subject matter hereof. - Contact IFEC
If User has any questions, complaints or claims regarding the Application, please contact IFEC at 54/F One Island East, 18 Westlands Road, Quarry Bay, Hong Kong or by email: info@ifec.org.hk.
Last update: February 2023