Legal Notice, Policy Status and Interpretation
This policy is published by HCCT Group for information, transparency, and contractual administration in connection with the relevant HCCT Group website, product, software, system, service, course, membership, template, consulting engagement, or transaction.
This policy must be read together with any other HCCT Group terms, policies, notices, product descriptions, checkout terms, order confirmations, invoices, licence terms, Statements of Work, or written agreements that apply to your particular purchase, account, service, or use of HCCT Group materials. The applicability of any document depends on the nature of the relevant product, service, transaction, and customer relationship.
Where there is a conflict between this policy and a separately executed written agreement, Order Form, Statement of Work, or other document expressly stated to prevail, that document shall prevail solely to the extent of the conflict. For avoidance of doubt, the HCCT Privacy Policy governs personal-data handling; the HCCT Refund Policy governs refund eligibility and refund procedures; the HCCT System Policy governs the use of HCCT Systems; and the HCCT Software Licence and Enterprise Services Policy governs software licensing, activation, Enterprise Services, and applicable Orders.
Nothing on this webpage, including this policy, creates an employment relationship, partnership, joint venture, fiduciary relationship, agency relationship, professional-client relationship, medical practitioner-patient relationship, solicitor-client relationship, financial-adviser-client relationship, or other regulated professional relationship between HCCT Group and any user, visitor, customer, or third party.
Except where expressly stated in a written agreement signed by an authorised representative of HCCT Group, no website content, correspondence, demonstration, proposal, product description, marketing material, or statement by HCCT Group personnel constitutes a warranty, representation, undertaking, certification, guarantee, professional advice, regulatory approval, or commitment beyond the express terms applicable to the relevant Offering.
HCCT Group may amend this policy from time to time by publishing an updated version on this webpage and revising the “Last Updated” date. Material changes affecting an active paid service will be handled in accordance with the applicable agreement and mandatory law. Continued access to or use of the relevant HCCT Offering after an updated policy becomes effective may constitute acceptance where permitted by applicable law and where the policy is properly made available to you.
No failure or delay by HCCT Group in exercising any right, remedy, power, or provision under this policy or any applicable agreement constitutes a waiver. Any waiver must be expressly confirmed in writing by an authorised representative of HCCT Group.
If any provision of this policy is held invalid, illegal, or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable or, if that is not possible, severed. The remaining provisions shall remain in full force and effect.
Electronic records, online acceptance, checkbox acceptance, account registration, download, installation, activation, access, and use may evidence agreement to applicable HCCT Group terms to the extent permitted by applicable law. Hong Kong’s Electronic Transactions Ordinance provides a framework for recognising electronic records and contracts, subject to statutory limitations.
Additional Provisions Applicable to Consultant Engagements
Where this policy applies to the recruitment, appointment, onboarding, or engagement of any person or entity by HCCT Group, the engagement is intended to constitute an independent consultancy under a contract for services unless HCCT Group expressly enters into a written contract of employment signed by an authorised representative.
The description of an engagement as a consultancy records the parties’ intended commercial arrangement but does not conclusively determine its legal classification. The actual relationship and applicable mandatory law shall determine whether any person is legally treated as an employee, worker, independent contractor, agent, or other category. Nothing in this policy excludes, transfers, restricts, or waives any employment protection, tax obligation, insurance obligation, statutory right, remedy, duty, or liability that cannot lawfully be excluded, transferred, restricted, or waived.
No recruitment advertisement, application, interview, correspondence, discussion, proposal, onboarding activity, access credential, draft document, verbal statement, or publication of this policy constitutes a binding offer of employment or consultancy, a guarantee of work or income, immigration or visa sponsorship, reimbursement of expenses, or a commitment to appoint or continue engaging any person.
A consultancy engagement becomes binding only when HCCT Group and the relevant consultant accept an Independent Consultant Agreement, Statement of Work, Order Form, authorised consultancy offer letter, or other written agreement approved by an authorised representative of HCCT Group.
Unless otherwise expressly agreed in writing or required by applicable law, the consultant is responsible for all costs and obligations associated with obtaining and performing the engagement, including equipment, software, telecommunications, workspace, travel, accommodation, relocation, banking charges, currency-conversion costs, business registration, professional licences, permits, insurance, pension or social-security contributions, taxation, immigration permissions, visas, work authorisations, document certification, legal advice, and other operating or compliance expenses.
The consultant is responsible for determining, registering for, reporting, filing, and paying all taxes, duties, levies, social-security contributions, pension contributions, licence fees, and other charges arising from the consultant’s fees, business, personnel, or place of performance. Nothing in this provision removes any withholding, reporting, payment, recordkeeping, insurance, or other statutory obligation imposed directly on HCCT Group.
Before commencing services and throughout the engagement, the consultant must obtain and maintain all identity documents, visas, permissions, work authorisations, residence rights, business registrations, qualifications, professional licences, insurance, and other legal status required to perform the services lawfully in every relevant jurisdiction. Upon reasonable request, the consultant must provide authentic, current, and sufficient evidence of such status and must immediately notify HCCT Group of any expiry, suspension, restriction, refusal, investigation, or other material change.
A consultancy opportunity does not constitute visa, immigration, residency, relocation, or work-permit sponsorship. HCCT Group has no obligation to sponsor, nominate, relocate, employ, or provide immigration representation to any applicant or consultant unless an authorised representative expressly agrees otherwise in writing.
Unless expressly authorised in writing, a consultant has no authority to bind HCCT Group, enter into any contract in its name, incur any liability or expenditure on its behalf, make any representation or warranty for HCCT Group, appoint any person, submit information to a regulatory authority, or represent that the consultant is an employee, officer, agent, partner, or authorised representative of HCCT Group.
Where applicable to a consultancy engagement, a signed Independent Consultant Agreement shall govern the general contractual relationship, and the applicable Statement of Work shall govern the specific services, deliverables, milestones, fees, deadlines, approved expenses, acceptance criteria, and project requirements. If there is a direct conflict, the Statement of Work shall prevail only in relation to the project-specific matter, the Independent Consultant Agreement shall prevail in relation to the general consultancy relationship, and mandatory applicable law shall prevail over all documents.
Electronic acceptance of this policy does not, by itself, create a consultancy or employment relationship. HCCT Group may require separate affirmative acceptance or execution of an Independent Consultant Agreement, Statement of Work, confidentiality undertaking, data-processing agreement, intellectual-property assignment, or other engagement document before services may begin.
For electronic acceptance, HCCT Group may retain records including the accepted document version, acceptance date and time, user or account identity, email address, IP address, checkbox record, electronic signature, order or engagement reference, and other reasonable evidence of notice and acceptance, subject to the HCCT Privacy Policy and applicable law.
For the avoidance of doubt, recognition of electronic records, electronic signatures, and electronic contracting remains subject to the requirements, consent conditions, exceptions, and excluded documents or transactions under the Electronic Transactions Ordinance (Cap. 553) and other applicable law.