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Legal

The Integrity Portal’s Cancellation Policy
  1. At any time, either party may cancel a user's account for any reason. The user must request cancellation by sending written notice to: support@integrityportal.com
  2. Amounts paid are not refundable. Subscriptions to our service are pre-paid. As such, any cancellations that occur in the middle of a payment term (month, quarter, or year depending on payment schedule) will be made effective on the final day of the prepaid term. A confirmation email from the email address on record is required to complete the cancellation.
  3. Retrieving your Data After your Account has been Cancelled. Per our end user agreement, data from cancelled accounts will be provided on a CD within 30 days after cancellation. However all data will be deleted immediately and cannot be retrieved if there are any outstanding or delinquent accounts owing to TIP at the time of cancellation.

 

The Integrity Portal’s Availability Commitment
  1. The Integrity Portal has engaged one of the leading Internet service providers in Hong Kong, Our Internet data center is committed to providing service and support, hands-on expertise, reliable security, a guarantee of availability and performance.
  2. The services provided to TIP includes hosting services, facility management services, managed and professional services through pre-constructed, state-of-the-art carrier-class facilities featuring independent power supply, system redundancy, firewall protection and 24x7 security protection.  The data centre  also implement biometric security devices, FM200 gas-based fire suppression and redundancy backup, and world-class security and facilities, so we can focus on our core business with total peace of mind of your data.
  3. Our data centers is connected to the best high-performance local and regional Internet networks.  Our data network equipment is protected against power failure by a redundant ("N + N" design) Uninterruptible Power Supply (UPS) system. It ensures 100% power availability to our equipment by automatically switching to an alternative power source where necessary. In the event of a citywide power outage, multiple diesel-powered generators back up the UPS system.
  4. The data network equipment is protected against extreme variations in temperature, humidity and water leakage. The facilities have redundant air-conditioning chiller plants, FM200 gas-based fire suppression and industrial standard high-loading anti-static raised floorings. A sophisticated environmental-control system monitors changes in temperature, humidity, water leakage, and fire. The fire alarm is linked to the nearest fire brigade.
    The data network equipment is protected against unauthorized entry. The system's security profile includes round-the-clock security officers, continuous closed circuit TV surveillance cameras with digital recording, and advanced biometric security devices, such as iris scanners and fingerprint readers.

 

The Integrity Portal (TIP) Prohibited Content and Commerce Statement

TIP prohibits the use of the Integrity Portal by any company that engages in any of the following:

  1. Provides, sells or offers to sell the following products or content (or services related to the same): pornography; escort services; illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons
  2. Displays material that exploits children, or otherwise exploits children under 18 years of age .
  3. Posts or discloses any personally identifying information or private information about children without their consent (or their parents consent in case of a minor) .
  4. Provides material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content.
  5. Sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
  6. Introduces viruses, worms, harmful code and/or Trojan horses on the Internet.
  7. Engages in any libelous, defamatory, scandalous, threatening, harassing activity .
  8. Posts any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence. In addition, TIP reserves the right to prohibit the use of the Integrity Portal by any company or site at its sole discretion.

 

INFORMATION COLLECTION AND USE

The Integrity Portal (“TIP”) contracts with client organizations to provide corporate ethics and compliance integrity investigation and background services. Personally identifiable information provided to us by our client organizations or information you (unique user) provide to us or that we learn from your use of this Web site is treated as confidential information. We are not in the business of selling or sharing your personal information to third parties for direct marketing purposes and we do not share your personal identifiable information with third parties for unknown or unrelated uses. However, we may share your personal information where it is necessary for us to complete a transaction initiated or consented to, by you, to do something you have asked us to do, or to comply with applicable legal requirements.

TIP collects and uses personal information from you in several ways:

Registration

Our Web site registration form(s) may require customers to give us specific contact information (such as name and e-mail address), unique company information (such as employee ID, department name, business unit, etc) and demographic information (such as gender, ethnicity, zip code, etc). The extent of information collected depends on unique contractual agreements with our client organizations. We use this information to register client organization employees for access to the Portal, enable users to participate in ordering background and integrity searches and/or contact customers about the services offered by TIP.

In terms of demographic/profile data that is collected at our site, we may use this data to tailor the visitor’s experience at our site, showing them content that we think they might be interested in, and displaying the content according to their preferences.

Web Site Usage 

TIP, or TIP authorized service providers, may observe your activities, preferences, and transactional data (such as your IP address and browser type) relating to your use of this Web site. While we may collect or log this information, we do not identify you or match this information with your other personal information except as set forth herein or with your prior consent. We may use this collected or logged information to diagnose Web site technical problems, or to facilitate your use of the site. TIP, or one of our authorized service providers, or we may use this information to track aggregate traffic patterns throughout this Web site.

Log Files

Like many Web sites, we collect certain information automatically and store it in log files. This includes information such as internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system and date/time stamp.

We use this information to help diagnose problems with our server and to administer our Web site. Your IP address is also used to help identify you and your shopping cart.

Cookies

A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. Our site uses cookies to keep track of your shopping cart and to deliver content specific to your interests. This cookie also allows us to track access to the Portal, which means whether or not an employee has completed a search request. We track this information based on your email address which also serves as your username. As such, we tie this personally identifiable information to the cookie.

We use both session ID cookies and persistent cookies. We use session cookies to make it easier for you to navigate our site. A session ID cookie expires when you close you browser. We may set a persistent cookie to store your username, so you don’t have to enter it more than once. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser’s “help” file.

If you reject cookies, you may still use our site, but your ability to use some areas of our site, such as surveys, will be limited.

 

 

The Integrity Portal (TIP) End User License Agreement

Please note that by agreeing to our End User License Agreement (EULA), you are agreeing to the following:

  • If you choose to order searches, your company will be billed at the completion of each search by TIP.
  • You agree that any and all documents and files uploaded into TIP will be legal content and not contain any illegal, pornographic or inappropriate content.
  • You can cancel your account at anytime, however you will not be refunded for any pro-rate refund of any annual membership fee.

The following are the terms and conditions for use of the Services. By using the site you accept these terms and conditions.

1. Services and Support

1.1 The Services are provided subject to this Agreement, as it may be amended by The Integrity Portal Limited (‘TIP’), and any guidelines, rules or operating policies that the TIP may establish and post from time to time (the "Agreement"), including without limitation TIP's privacy policy (the "Policy") (unless otherwise stated, all references to the Agreement shall include the Policy). By posting updated versions of the Agreement on the Service or at the integrityportal.com web site, or otherwise providing notice to you, TIP may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Services in its sole discretion. All such changes shall become effective upon posting of the revised Agreement on the Service.

1.2 The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the Services.

1.3 The Services enable corporations to request background searches and other integrity related searches, store these searches and other user loaded data, and search, retrieve and download such data.

1.4 The Services will be subject to yearly subscription fees ("Paid Services") once you have completed your free trial period in addition to the fees for each Service as indicated in your sign-up or renewal form.  You will be notified via email of the completion or termination of your free trial period and may purchase, in advance, an annual subscription for Paid Services. Access to the Services will be disabled until payment is received. Paid Services are billed annually in advance, according to the Fee Schedule provided to you on your sign-up or renewal form. Amounts paid for the services are not refundable.

1.5 You must complete the sign-up form in order to use the Services. You will provide accurate information about yourself as requested in the registration form. As part of the registration process, you will identify an email address for your TIP account. You are responsible for maintaining the security of your account, passwords, and files, and for all uses of your account and of the Services in your name. We reserve the right to refuse registration of, or cancel, accounts if we deem appropriate.

1.6 If we, for any reason unable to effect payment, you will be notified via email and your TIP account will be disabled until payment is received. If you are past due on payment of your invoice, we reserve the right to suspend your data and discontinue providing Services in their entirety without any direct or third party liability whatsoever. We reserve the right to send delinquent accounts to a collection agency if they are not paid within three (3) months of invoice date. Any payment not received from Customer by the due date may accrue, at TIP’s discretion, late charges at the rate of two percent (2.0%) of the outstanding balance per month, or at the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid.

2. Restrictions and Responsibilities

2.1 This is an Agreement for Services, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services ("Software"); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software. The Services shall be used for your internal business (which includes civic or charitable) purposes only and you shall not use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party. If you are using the Services in any country in the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Services or the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.

2.2 You acknowledge and agree that the Services and the Integrity Portal company names and logos and all related product and service names, design marks and slogans, are the property of TIP or its affiliates or suppliers (collectively, the "Marks"). You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of the Integrity Portal. Your use of the Services confers no title or ownership in the Service, the Software or the Marks and is not a sale of any rights in the Service, the Software or the Marks. All ownership rights remain in The Integrity Portal or its third party suppliers, as the case may be.

2.3 You represent, covenant, and warrant that you will use the Services only in compliance with the Agreement and all applicable laws (including but not limited to policies and laws related to privacy, obscenity, or defamation). You hereby agree to indemnify and hold harmless TIP against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Services. Although TIP has no obligation to monitor the content provided by you or your use of the Services, TIP may do so and may remove any such content or prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing.

2.5 The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates laws that may apply in this jurisdiction or your local area is prohibited. This may include material that is obscene, threatening, harassing, libelous, or in any way a violation of privacy or intellectual property laws or a third party's privacy or intellectual property rights.

2.7 In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to TIP. TIP may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Service, or communicate separately with you. TIP will not provide information to companies you have not authorized, and TIP will not permit the companies that get such information to sell and redistribute it without your prior consent.

2.8 TIP will not use your data or the result of any searches or any other information for any other purposes than those intended with the service. Your searches and collected information will not be shared with any other parties.

3. Termination

3.1 Term of Agreement. This Agreement commences on the date your services initially began - the Effective Date - and continues until you terminate as defined in section 3.2. Services shall automatically renew for additional periods at the same contractual term as the previous Agreement at the list price in effect at the time of renewal unless Customer terminates as defined herein.

3.2 Termination. You may terminate this Agreement by sending written notice to the attention of Accounting at The Integrity Portal Limited, Level 45, 33 Hysan Ave, Causeway Bay, Hong Kong.  TIP may terminate this Agreement or the Services at any time with or without cause, and with or without notice. TIP shall have no liability to you or any third party because of such termination. All sections of this Agreement which by their nature will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.

3.3 Outstanding Fees. Termination shall not relieve Customer of the obligation to pay any fees accrued or payable to TIP prior to the effective date of termination.

3.4 Customer Data. After cancellation, if you are past due on payment of your invoice, we reserve the right to delete your data and discontinue Services in their entirety without notice to the Customer and such discontinuance would not result in any direct or third party liability whatsoever for TIP.  If you are not past due, TIP will provide a CD of all of your data on the Portal at no cost within 30 days.

4. Warranty Disclaimer; Remedies

USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. TIP DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND TIP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Your sole and exclusive remedy for any failure or nonperformance of the Services shall be for TIP to use commercially reasonable efforts to adjust or repair the Services.

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL TIP OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "TIP") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF TIP SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, TIP IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF TIP TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

6. Export of Services or Technical Data

You may not remove or export from the United States or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.

7. Miscellaneous

7.1 If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

7.2 TIP and you agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.

7.3 No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind TIP in any respect whatsoever.

7.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.

7.5 The Agreement shall be governed by the laws of Hong Kong without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in Hong Kong.