Website Terms of Use

1. Definitions

1.1 In these Terms:

• Afilcorp, we, us or our means Afilcorp Capital Pte Limited in its capacity as operator of the Website;

• Afilcorp Materials means all text, reports, research, graphics, diagrams, methodologies, data compilations, forms, software, design, trade marks, logos, photographs, audio-visual material and other content made available through the Website;

• Engagement Terms means a written engagement letter, membership agreement, service schedule or other contract expressly accepted by an authorised representative of Afilcorp;

• FO-EGP means Afilcorp’s Family Office Enablement & Governance Platform methodology and membership framework. It is not a separate legal person or regulated financial product;

• Professional Adviser means a lawyer, tax adviser, accountant, auditor, valuer, investment adviser, trustee or other person separately appointed to provide professional or regulated advice;

• Third-Party Provider means a bank, electronic money institution, payment institution, trustee, insurer, custodian, broker, asset manager, technology provider, professional adviser or other independent provider;

• User, you or your means any person who accesses, browses, downloads from, submits information through or otherwise uses the Website; and

• Website means afilcorp.com.hk, afilcorp.com and any public pages, reports, files, forms or subdomains expressly operated by Afilcorp and linked to these Terms.

1.2 References to legislation include amendments and replacement legislation. Headings are for convenience and do not limit interpretation.

2. Operator, brand and status

2.1 The Website is operated by Afilcorp Capital Pte Limited, a Hong Kong company with company number 77982837.

2.2 Afilcorp is a brand. FO-EGP is a governance methodology and membership framework. Neither is a separate legal entity.

2.3 Where current official verification confirms the Operator’s Trust or Company Service Provider licence, the licence applies only to trust or company services lawfully carried on within its scope. It is not a securities, banking, payment, asset-management, custody, legal, tax, accounting or audit authorisation.

2.4 The Website is not operated by a bank, authorised institution, licensed securities intermediary, payment institution, fund, investment manager, law firm or audit practice.

3. Application and acceptance

3.1 These Terms apply whenever you use the Website.

3.2 By using the Website, you confirm that you have read and agree to these Terms. If you do not agree, you must stop using the Website.

3.3 If you use the Website on behalf of an organisation, you represent that you are authorised to bind that organisation for the purpose of Website use. If you are not so authorised, you remain responsible for your own use.

3.4 These Terms concern Website use only. They do not by themselves govern an accepted professional engagement.

4. Intended audience and access

4.1 The Website is directed principally to family principals, family offices, private-capital groups, professional advisers, corporate groups and institutional counterparties acting for business or professional purposes.

4.2 The Website is not directed to retail investors or persons seeking to buy, sell or obtain advice on financial products.

4.3 You are responsible for ensuring that access to the Website is lawful in your location. Afilcorp does not represent that every page, service description or publication is appropriate or lawful in every jurisdiction.

4.4 Mandatory rights that apply to a consumer or other protected person are not excluded.

5. Website purpose

5.1 The Website provides general information about:

• family and corporate governance architecture;

• ownership, authority, continuity and evidence systems;

• company and corporate administration;

• institutional-readiness and information-coordination processes;

• FO-EGP;

• research and market developments; and

• Afilcorp’s professional and regulatory boundaries.

5.2 Website content is intended to inform discussion. It is not a substitute for an investigation of the facts, a professional mandate or jurisdiction-specific advice.

6. No offer, recommendation or professional advice

6.1 Nothing on the Website constitutes:

• an offer, invitation, solicitation, placement or distribution of securities, units, interests, investments, credit, insurance or any other financial product;

• investment advice, investment research, asset management, portfolio management or a recommendation concerning an investment;

• legal, tax, accounting, audit, assurance, valuation or actuarial advice;

• banking, deposit-taking, remittance, payment, stored-value, custody, brokerage, dealing, arranging or execution services;

• a regulatory opinion, licence determination, tax ruling, audit conclusion, certification or assurance statement; or

• a promise that a structure, application, account, transaction or provider relationship will be accepted.

6.2 You should obtain advice from appropriately qualified and, where required, licensed advisers before acting.

7. No client or fiduciary relationship

7.1 Accessing the Website, receiving a publication, submitting an enquiry or joining a preliminary discussion does not create:

• a client or professional-adviser relationship;

• a fiduciary, trustee, nominee, investment-management or custody relationship;

• an agency, partnership, joint venture or representative relationship;

• a duty to accept, continue or complete any matter; or

• a duty of confidentiality concerning unsolicited information.

7.2 Afilcorp accepts an engagement only through authorised written Engagement Terms after completing the applicable conflicts, eligibility, KYC/KYB and risk review.

7.3 No employee, contractor or third party may vary this clause by informal statement, email or discussion unless expressly authorised in writing.

8. Regulatory and professional boundaries

8.1 Afilcorp will not carry on a regulated activity unless the activity is lawfully carried on by the appropriately authorised legal person under separate written terms.

8.2 A written agreement does not itself create a regulatory permission.

8.3 Afilcorp does not hold itself out as:

• a licensed corporation under the Securities and Futures Ordinance;

• an authorised institution under the Banking Ordinance;

• a licensed payment, stored-value or money-service provider;

• a broker, dealer, exchange, trading venue, investment manager or custodian;

• a law firm, tax practice, accounting practice or audit practice; or

• a regulator, licensing authority or representative of a public authority.

8.4 Further detail appears in the Service, Regulatory & Professional Boundary.

9. TCSP licence

9.1 Where the Operator is shown as a current TCSP licensee in the official register, the licence relates to the carrying on of trust or company service business as defined by applicable Hong Kong law.

9.2 Customer due-diligence and record-keeping requirements are obligations imposed on a licensee. They are not separate financial-services permissions.

9.3 General governance consulting, evidence coordination, institutional-readiness work and cross-border project administration must not be understood as “licensed financial services” by reason only of the TCSP licence.

9.4 The exact scope of any company or trust service will be stated in the applicable Engagement Terms.

10. No client money or asset custody

10.1 Unless a service is expressly identified in Engagement Terms and lawfully within the Operator’s verified permissions, Afilcorp does not:

• receive, hold, safeguard or control client money or assets;

• operate client bank accounts;

• process or settle payments;

• hold private keys or digital assets;

• execute or arrange trades; or

• act as custodian, depositary or escrow agent.

10.2 Payment of Afilcorp’s own properly invoiced professional fees does not constitute client-money or custody activity.

11. Third-Party Providers

11.1 Third-Party Providers act independently and apply their own legal duties, permissions, risk appetite, due diligence, pricing, service terms and decision-making.

11.2 Afilcorp does not bind a Third-Party Provider, control its decisions or guarantee access, acceptance, timing, pricing, service continuity or outcome.

11.3 An introduction, referral, coordination role, hyperlink, name or logo does not by itself constitute endorsement, agency, partnership, exclusivity or affiliation.

11.4 You must review and accept the Third-Party Provider’s own terms and conduct appropriate due diligence.

11.5 Further detail appears in the Third-Party & Referral Notice.

12. No outcome guarantee

12.1 No Website statement or Afilcorp framework guarantees:

• regulatory authorisation, registration or exemption;

• bank, EMI, PSP, trustee, insurer, auditor or provider onboarding;

• a tax concession, ruling or classification;

• legal effectiveness in a jurisdiction;

• investment, financial or commercial performance;

• completion within a stated time;

• the continued availability of law, policy, provider appetite or market practice; or

• the absence of compliance, tax, accounting, operational or reputational risk.

12.2 Readiness support improves organisation and evidence; it does not transfer a third party’s decision to Afilcorp.

13. Accuracy, status and currency

13.1 Afilcorp takes reasonable care in preparing public materials but does not warrant that all content is complete, error-free, current or suitable for a particular matter.

13.2 Law, regulation, official guidance, policy, tax rules and market practice may change after publication.

13.3 Publications may distinguish:

• current law or official framework;

• pending legislation or proposal;

• institutional expectation or market practice; and

• Afilcorp governance methodology.

13.4 You must verify material information at the point of use.

13.5 Afilcorp may correct, update, withdraw or archive content without preserving every historical version.

14. User responsibility

14.1 You remain responsible for:

• your decisions and use of Website information;

• the accuracy and lawfulness of information you submit;

• obtaining independent advice;

• protecting your systems and credentials;

• verifying communications and payment instructions; and

• complying with applicable law.

14.2 You must not present Afilcorp Materials as a legal opinion, regulatory approval, bank approval, audit conclusion, investment recommendation or substitute for professional advice.

15. Permitted use

15.1 You may:

• browse the Website;

• download public reports for internal, non-commercial reference;

• print a reasonable number of pages for professional evaluation;

• link to a public canonical page in a fair and non-misleading manner; and

• quote short extracts with accurate attribution and context.

15.2 Any other use requires prior written permission.

16. Prohibited use

16.1 You must not:

• use the Website unlawfully, fraudulently or to facilitate evasion, sanctions breaches, money laundering, terrorism financing or other misconduct;

• misrepresent your identity, authority, relationship or regulatory status;

• imply that Afilcorp endorses, represents or partners with you without written permission;

• reproduce, republish, sell, license or commercially exploit substantial Afilcorp Materials;

• remove copyright, trade-mark, source, risk or legal notices;

• introduce malware, harmful code or automated traffic that impairs the Website;

• attempt unauthorised access, vulnerability testing, scraping of personal data or circumvention of access controls;

• use Website content to train, benchmark or populate a commercial database contrary to law or an applicable machine-readable restriction;

• submit false, defamatory, infringing, confidential or unlawfully obtained material; or

• use a report title, logo or extract in a manner that creates a misleading impression of approval.

17. User submissions

17.1 You retain responsibility for material you submit.

17.2 You represent that:

• you are entitled to submit it;

• it is accurate to the best of your knowledge;

• its submission and use for the stated enquiry purpose do not infringe a third party’s rights or law; and

• it does not contain malware or unnecessarily sensitive material.

17.3 You grant Afilcorp a limited, non-exclusive right to use the submission only for assessing, responding to and administering the enquiry, conducting conflicts and risk checks, complying with law and protecting legal rights.

17.4 Afilcorp may refuse, delete, quarantine or preserve a submission where reasonably necessary for security, legal or evidential purposes.

18. Contact form restrictions

18.1 The public form is for preliminary enquiries.

18.2 Do not submit:

• passports or identity documents;

• bank statements;

• source-of-funds or source-of-wealth files;

• client or beneficiary files;

• credentials, passwords, private keys or one-time codes;

• legally privileged documents; or

• other sensitive material.

18.3 Secure document arrangements will be considered only if a matter progresses.

18.4 Acknowledgement of a form submission confirms technical receipt only. It is not acceptance of an engagement.

19. Intellectual property

19.1 All rights in Afilcorp Materials are owned by Afilcorp or its licensors.

19.2 “Afilcorp”, the Afilcorp logo, FO-EGP names and publication designs may be protected by trade-mark, copyright and passing-off law.

19.3 No licence is granted except the limited Website-use permission in clause 15.

19.4 Requests for reuse should identify the material, purpose, territory, duration and audience.

20. Third-party intellectual property and links

20.1 Third-party names, marks, data and publications remain the property of their respective owners.

20.2 A reference or link is used for identification, source attribution or convenience and does not imply endorsement.

20.3 Afilcorp is not responsible for the availability, security, legality, accuracy or privacy practices of an external site.

21. Confidentiality and unsolicited information

21.1 Afilcorp applies confidentiality controls to accepted engagements according to the Engagement Terms and applicable law.

21.2 Before an engagement is accepted, you should not assume that an unsolicited communication is privileged, confidential or free from conflict.

21.3 Afilcorp may be unable to accept a matter after reviewing preliminary information.

21.4 Nothing in these Terms requires Afilcorp to disclose confidential information belonging to another person.

22. Electronic communications

22.1 Electronic communications may be delayed, intercepted, corrupted, incomplete or sent to the wrong recipient.

22.2 Do not rely on ordinary email for urgent deadlines, payment changes or sensitive documents.

22.3 Verify any change of payment or bank instructions through a trusted, independently obtained channel.

22.4 An email signature, acknowledgement or automated response does not constitute acceptance of an engagement or variation of Engagement Terms.

22.5 Afilcorp may retain electronic records as evidence of communications and instructions.

23. Privacy and cookies

23.1 Personal data is handled in accordance with the Privacy Notice and any PICS shown at collection.

23.2 The Website’s use of cookies and similar technologies is described in the Cookie Notice.

23.3 Enquiry data will not be used for unrelated direct marketing without the required notice and consent.

24. Security

24.1 Afilcorp uses reasonable security measures appropriate to the Website and information handled.

24.2 No internet service is completely secure or continuously available.

24.3 You must notify Afilcorp promptly of suspected impersonation, compromise, unauthorised access or malicious use of Afilcorp’s name.

24.4 Afilcorp may block, investigate, preserve evidence of or report suspected misuse.

25. Availability and changes

25.1 Afilcorp may change, suspend, restrict or withdraw any part of the Website.

25.2 Access may be interrupted for maintenance, security, provider failure, legal requirements or events outside reasonable control.

25.3 Afilcorp does not warrant continuous availability, compatibility with every device or preservation of every link or file.

26. Disclaimer of warranties

26.1 To the fullest extent permitted by law, the Website and Afilcorp Materials are provided on an “as available” basis.

26.2 Afilcorp disclaims implied warranties or representations concerning accuracy, completeness, fitness for a particular purpose, non-infringement, results or uninterrupted access, except to the extent a warranty cannot lawfully be excluded.

26.3 This clause does not affect express obligations in separate Engagement Terms.

27. Limitation of liability

27.1 Nothing in these Terms excludes or limits liability for:

• fraud or fraudulent misrepresentation;

• death or personal injury caused by negligence where liability cannot be excluded;

• wilful misconduct; or

• any liability that applicable law does not permit to be excluded or limited.

27.2 Subject to clause 27.1 and to the fullest extent permitted by law, Afilcorp is not liable in connection with Website use for:

• indirect or consequential loss;

• loss of profit, revenue, opportunity, anticipated savings, business, goodwill or reputation;

• loss, corruption or unauthorised disclosure of data caused by matters outside Afilcorp’s reasonable control;

• a decision made in reliance on general Website information;

• the act, omission, refusal, delay, failure, pricing or terms of a Third-Party Provider; or

• malware, attack, communications failure or external-site content not caused by Afilcorp’s breach of a non-excludable duty.

27.3 Where liability arising solely from free Website access cannot lawfully be excluded, Afilcorp’s aggregate liability is limited to the greater of:

• HK$10,000; and

• the amount, if any, paid by the User specifically for access to the Website during the 12 months preceding the event,

provided that the limitation is enforceable and reasonable under applicable law.

27.4 Liability relating to an accepted engagement is governed by the relevant Engagement Terms, not this Website-only cap.

27.5 Each exclusion and limitation applies only to the extent permitted and reasonable under applicable law.

28. Indemnity

28.1 Subject to applicable law, you will indemnify Afilcorp and its directors, officers and employees against losses, liabilities, damages, claims and reasonable legal costs arising directly from:

• your material breach of these Terms;

• your unlawful, fraudulent or malicious use of the Website;

• material you submit that infringes a third party’s rights or was unlawfully obtained;

• your introduction of malware or unauthorised access;

• your material misrepresentation of your authority, relationship with Afilcorp or regulatory status; or

• a third-party claim caused by your publication or commercial reuse of Afilcorp Materials in breach of these Terms.

28.2 The indemnity does not apply to the extent the loss was caused by Afilcorp’s fraud, wilful misconduct, negligence or breach of these Terms.

28.3 Afilcorp will give reasonable notice of a material third-party claim where practicable. You must not settle a claim in a manner that admits liability on behalf of Afilcorp or imposes a non-monetary obligation on Afilcorp without written consent.

28.4 This clause is intended to allocate loss caused by the User’s own breach or wrongful conduct. It is not intended to impose an unreasonable indemnity contrary to applicable law.

29. Force majeure

29.1 Afilcorp is not liable for delay or failure caused by events beyond its reasonable control, including telecommunications failure, cyberattack, power failure, natural disaster, epidemic, labour disruption, governmental action, provider outage or failure of public infrastructure.

29.2 This clause does not relieve Afilcorp from obligations that cannot lawfully be excluded.

30. Suspension and termination

30.1 Afilcorp may restrict or terminate access where reasonably necessary to:

• protect security or legal rights;

• investigate abuse;

• comply with law or a competent authority;

• prevent harm to a third party; or

• manage technical risk.

30.2 Clauses intended by nature to survive termination, including intellectual property, liability, indemnity and governing law, continue to apply.

31. Changes to these Terms

31.1 Afilcorp may update these Terms prospectively.

31.2 The effective date and version identify the current Terms.

31.3 Continued use after an update constitutes acceptance of the revised Terms, subject to mandatory law.

31.4 A material update does not retrospectively vary an accepted engagement.

32. Assignment

32.1 You may not assign rights under these Terms without Afilcorp’s written consent.

32.2 Afilcorp may assign or transfer its rights and obligations in connection with a genuine corporate reorganisation, transfer of the Website or succession of the operating business, provided mandatory rights are preserved.

33. Severability and waiver

33.1 If a provision is invalid or unenforceable, it is modified to the minimum extent necessary or severed, and the remaining provisions continue.

33.2 A delay or failure to exercise a right is not a waiver.

33.3 A waiver is effective only for the specific matter for which it is given.

34. Third-party rights

34.1 Except as stated in clause 34.2, a person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Ordinance to enforce them.

34.2 Afilcorp’s directors, officers and employees may enforce clauses 19, 27 and 28 to the extent those clauses expressly benefit them.

34.3 The parties may vary or rescind these Terms without the consent of a third party.

35. Entire Website agreement and priority

35.1 These Terms, the Privacy Notice, Cookie Notice and documents expressly incorporated by reference constitute the agreement concerning Website use.

35.2 Engagement Terms govern any accepted professional engagement and prevail over these Terms for that engagement.

36. Governing law and jurisdiction

36.1 These Terms and non-contractual disputes arising from Website use are governed by Hong Kong law.

36.2 Subject to any mandatory law, the courts of Hong Kong have exclusive jurisdiction.

36.3 Afilcorp may seek urgent injunctive or protective relief in another competent jurisdiction where necessary to protect intellectual property, confidential information, systems or security.

37. Contact

Questions concerning these Terms may be submitted through the Contact page using the category “Legal website enquiry” or sent to [email protected].