Before using this website, please carefully read the terms and conditions listed in this agreement (“this Agreement”). The terms and conditions of this Agreement apply to your use of this website. Your behavior of using this website indicates that you agree with and will be restricted to all terms and conditions s below; or your permission to login this website will be denied. By using this website, you confirm your knowledge of and your Agreement with the following:
1. Purpose:
1.1 According to the entrustment Agreement on employee health and benefits program between your employer (“Client”) and Smart Benefits (hereinafter referred to as “Mercer”), this website is a voluntary benefit platform that provides services ( “Service” )for only licensed users under this plan.
2. Website Usage and Intellectual Property Rights
2.1 Mercer is the only owner of this website, and reserves the rights and interests of all text and graphics contained on this site, unless the text and graphics are defined as Non-Mercer materials (see article 7). The information contained on this website is not for the purpose of re-releasing or spreading. You must not spread any text, graphics, or any other information obtained from this website to other parties, “Mirror” or contain these information on your own server, modify or reuse these information without the prior written consent of Mercer. You can browse, copy, print or download your personal information contained on this website for your personal use only. Mercer reserves all ownership and intellectual property rights to this website and the content contained on the website.
2.2 The intellectual property rights of certain applications or materials used in the construction or login of this website may belong to a third party. If you attempt to copy or use any of the above-mentioned materials or procedures in any other way not covered by this Agreement, you should obtain the permission from this third party for the purpose of copy or any other use.
2.3 You must not download, copy, transfer, print, modify or use any identification, marks or trademarks which belong to Mercer on this website, for any purpose. The rights of all other third-party logos, marks, trademarks noticed on this website belong to their corresponding owners.
2.4 Mercer reserves the complete ownership to all methodologies, analysis methods, ideas, concepts, techniques, models, tools, know-how, skills, knowledge, experience, and any graphic or digital presentation of all above-listed content that is created by Mercer and/or its related companies, and presented on the website, as well as the complete ownership to any relevant copyright and intellectual property right.
2.5 You should be liable for any infringement of copyright, trademark or other intellectual property right caused by your inappropriate use of this website.
3. Stability and Security of Accessing the Website
3.1 Mercer will make a commercially reasonable effort to maintain the stability and security of accessing this website, and the integrity of the information you acquire from this website. However, given the features of Internet, you are informed and herby confirm that, Mercer is not responsible for the closure of the website, its access interruption, abnormal operation, transmission intercept, and the disclosure, lose, misuse or interpolating of personal information caused by hacking, invasion or attack of computer virus, government controls, contingency, force majeure, etc.
3.2 Mercer might suspend your use of services or access to the website based on reasonable grounds; the premise is that, mercer will inform the client via written notification, within the commercially reasonable range. If there is any justifiable reason to immediately suspend your use of services or access to the website, mercer will provide the client with written explanation to clarify the reason for suspension.
3.3 You must ensure you will not install (or permit others to install) any virus or code that may possibly interrupt, weaken, inhibit or produce other negative impacts on the security and integrity of data, the website or services, and result in the closure of the website or other dangers, the denial of Mercer’s access to all (or partial) content of the website.
4. Login Component
4.1 Authorized by the client, Mercer provides you with username and password to login this website (“Login Component”). Only users who pass the certification will have access to the documents, data and information contained on this website. You are clearly informed that the website will provide any person who logs in via your Login Component with any of your relevant information. Consequently, you should take any necessary measure to secure your Login Component and not to reveal it to others. You should be responsible for any unauthorized use of your Login Component. Behaviors and requests made by the person who uses your login component will be deemed as your behaviors and requests, and Mercer will execute these requests without any examination.
5. Unauthorized Login:
5.1 If, at any time, you notice or suspect that (i) your Login Component has been revealed to, or has been obtained by another person, or (ii) if your account has experienced any unauthorized login, you should inform Mercer and your employer of such case within 24 hours after your notice. Reset and activation of the Login Component should be conducted within the frame of the security and enforcement procedure of Login Component. If you violate or have other party violate this security and enforcement procedure, you will not be granted a new Login Component, and Mercer reserves the right to discontinue your use of this website and services immediately.
6. External Links
6.1 Mercer may provide links directed to other websites (“External Links”) on the website as a form of service. Mercer does not guarantee any other websites you visit via this website. Mercer’s providing External Links to other websites should not be interpreted as endorsement or approval of the contents of those websites and the use of them; and it should not be interpreted that Mercer has any connection in any form with the owner of that website. Mercer is not responsible for any use of linked websites. Without Mercer’s written consent, you must not establish any link in any form on the website.
7. Information and Disclaimer
7.1 You confirm that Mercer has made its commercially reasonable effort to make sure the materials made by Mercer (“Mercer Materials” )as the author contained on the website are accurate while writing.
7.2 You should provide the website with your profile and information required by services, and ensures that these profile and information are authentic, accurate, complete and legal. Mercer will use all the information and data submitted by you or on behalf of you, without independent examination to verify their accuracy and integrity. You should promptly update the above-mentioned profile and information if they are subject to change. If the profile or data that you provide are illegal, inaccurate or incomplete, the subsequent liability is at your own risk, and Mercer reserves the right to discontinue your use of this website and services immediately.
7.3 You understand, acknowledge and agree that: out of the necessity of ensuring you receive the services, Mercer can reveal email address, mobile phone number or other contact information that you provide, to relevant web application service providers to have them send service-related reminder message to you, modify information or make other relevant update.
7.4 You understand, acknowledge and agree that: out of necessity of ensuring you receive services, Mercer can reveal the information that you provide to relevant benefit product or service providers (“Service Providers”); when you are using External Links, your information will be revealed to owner or operator of the relevant website (“External Link Parties”). Mercer is not responsible for any disclosure, lost, misuse or interpolating of your information caused by Service Providers or External Link Parties.
7.5 The website may contain third-party materials that are not made by Mercer, or any link directed to materials on a third-party website/server (“Non-Mercer Materials”). Although mercer will, with good attention, integrate Non-Mercer Materials on this website for the need to deliver services, Mercer does not guarantee the accuracy, sufficiency and integrity of any Non-Mercer Materials contained on the website. You understand, acknowledge and agree that any view, suggestion, statement, product, service, invitation or any other information or content offered by third parties (including but not limited to Services Providers and External Link Parties) belong to their corresponding owners and publishers, and do not belong to Mercer; Mercer does not assume any responsibility in this regard.
7.6 You understand, acknowledge and agree that Mercer does not represent any Service Providers, and Mercer does not guarantee the fulfillment of your agreed terms or condition with the Service Providers on its health benefits product and service. Mercer does not assume any responsibility for any Service Provider’s solvency and performance ability; Mercer does not assume any responsibility for any service or product (including but not limited to quality responsibility for service and product, product liability, delayed delivery responsibility, or any indemnity responsibility) provided by any Service Provider. If any dispute occurs between you and the Service Provider concerning product or service, Mercer will make its commercially reasonable effort to offer assistance, but such assistance should not be regarded as Mercer’s obligation.
7.7 You understand and acknowledge that, even if Mercer, with good attention, integrates the documents, data and information on the website, lags and mistakes of the information displayed on the website may still occur, due to the objective reasons such as internet technology factors. You further understand and acknowledge that the information, content, product and service on the website are subject to change without Mercer’s making special notice.
7.8 You understand and acknowledge that, all the information, contents, products and services contained on this website or offered by this website in other ways, are provided on an “As is” basis. Unless clearly expressed in this Agreement or to the fullest extent permitted by law, Mercer offers no statements or warranties, stated or implied, to the above-mentioned information, contents, products and services, including but not limited to (i) warranties of the merchantability or the fitness of these products for any particular purpose; (ii) no infringement upon the rights of any third party; (iii) any consequences resulted from data corruption, data breach, Login Component error, website security error, transmission error, computer virus or hacking, or (iv) damages caused to any computer, related equipment, software or data by using this website.
7.9 You understand that Internet is a global computer network, and Mercer and its related companies do not control or monitor the internet; any possible dangers resulted from the use of Internet is completely at your own risk. Mercer does not guarantee that all functionalities of the website are immune to any interruption, or have no errors or defects, and does not guarantee that no virus or other dangers exist on the website or its server. Mercer does not assume any liability for the availability of any data encryption, and does not guarantee that any encryption method cannot be cracked. Mercer does not make any promises or guarantees of the validity, integrity and uncrack ability of the applied encryption method and system.
7.10 Mercer is not responsible for (i) any unauthorized use of this website; or (ii) any damages and liability directly or indirectly caused by any unauthorized use of Login Component.
8. Delay in Services
For any direct or indirect damages caused by electronic or mechanical equipment failure, data processing failure, problem of phone connection, network failure, problem of public facilities, weather, strike, parade, fire, calamity, riot, military conflict, governmental action, war, or any other cause beyond the control of Mercer, or delay or interruption due to force majeure, Mercer does not assume any responsibility. If the interruption to this website and/or services lasts for the above-mentioned causes, Mercer shall not take any responsibility for the delay and suspension of services.
9. Amendments to The Terms of User Agreement
According to the changes in the national laws and regulations, as well as the needs of website operation, Mercer has the right to amend the terms of this User Agreement at any time, under the premise of not violating relevant Chinese laws and regulations, and will publish the revised terms of the agreement to the homepage. The amended agreement will immediately take into effect once published on the website, and replace the previous agreement. You are obliged to pay attention to and read the most recent agreement and the site notice before using this website. If you do not agree with the amended terms of the agreement, you should immediately discontinue your use of this website and services; your use of the website after such changes constitutes your agreement to the amended agreement.
10. Termination
The termination or expiration of this Agreement shall not affect or deprive of any legal rights Mercer enjoys by law. All rights granted to you will be immediately terminated from the date when this Agreement is terminated or expired.
This Agreement will remain in force, yet Mercer has the right to immediately terminate or dissolve the agreement and services in any of the following cases: 1) you login or use the website without permission; 2) you assign your rights that are granted under this Agreement without Mercer’s consent, or; 3) you violate any term or conditions of this Agreement.
11. Governing Law
This Agreement shall be constructed in accordance with the laws of People’s Republic of China. Any disputes incurred by this Agreement or related to this Agreement shall be exclusively governed by the people’s court where Mercer is located.
12. Separability
If any term in this Agreement is held illegal, invalid or unenforceable, this term should be regarded as separable (and should be deleted from the agreement), and the validity and enforceability of the remainder of the terms in this Agreement shall not be affected thereby.
13. Entire Agreement
This Agreement constitutes the entire agreement of the two parties. There are no other agreements, whether written or oral, relating to the use of this website between you and Mercer.
14. Language
This Agreement is written in both Chinese and English. If there is any inconsistency or conflict between the English and Chinese versions, the Chinese version shall prevail.
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