Terms and Condition for Use of Port Community System by Users
IMPORTANT: READ CAREFULLY
The services of the Port Community System (the “PCS”) including the PCS website, the PCS mobile application and other value-added services (the “PCS Services”) are provided by the Transport and Logistics Bureau (the “TLB”) through the management and operations of Logistics and Supply Chain MultiTech R&D Centre (“LSCM”). The services are governed by these terms and conditions (this "User Agreement").
The following terms have the specified meanings in this User Agreement:
Admin User A company designated personnel who has applied for and is successfully registered with LSCM for the use of the PCS Services. ———————- ———————————————— User and Users Employees, agents, contractors, or partner organization’s personnels who are authorized by an Admin User to access the PCS Services (including the Admin User itself) are collectively called Users. Any individual of Users is referred to as User.
Account A unique account created for a User, enabling access to the PCS Services.
User Agreement This binding contract between a User and LSCM, consists of this User Agreement, the accepted registration/ application, and any relevant supplemental terms.
Confidential Information of a confidential nature, including Information business data, technical processes, and terms of this User Agreement, saved and except information that is public knowledge, independently developed, or required to be disclosed by law.
Contributions Information, data and/or materials provided or supplied by a User or Users.
Data Any information, documents, or materials made available to Users through the PCS platform.
PCS Services Services provided by LSCM under PCS include the PCS website, the PCS mobile application and other value-added services.
Force Majeure Events beyond reasonable control, such as natural disasters, wars, cyberattacks, pandemics, or government actions.
3.1 The PCS Services are designed exclusively for business use. Each company must designate one Admin User responsible for managing the registration and maintenance of its accounts and sub-accounts. For detailed instructions on user account management, please refer to the "User Account Framework".
3.2 LSCM has the right at any time and from time to time to expand, modify, reduce, suspend or discontinue the PCS Services (or any part thereof) with or without prior notice. LSCM shall not be liable to any User or Users or any third party for any variation, suspension or discontinuation of the PCS Services.
3.3 The PCS platform, including all intellectual property rights therein and the aggregated, anonymized data derived from Users’ contributions, is the property of the Government of the Hong Kong Special Administrative Region.
4.1 This User Agreement applies to all access and use of PCS Services. By registering for an Account or using the PCS Services, Users agree to be bound by this User Agreement.
4.2 LSCM reserves the right to amend or replace this User Agreement. A User shall be notified of the changes at least 60 days prior to their effective date. Continued use of the PCS Services constitutes acceptance of the updated terms. LSCM shall not be liable to a User, its Users or any third party for any variation, suspension, or discontinuance of the PCS Services.
4.3 This User Agreement is provided free of charge and can be requested via email at info.pcs@lscm.hk.
5.1 Account Creation: To use the PCS Services, each and every User is required to create and maintain a user account with the PCS (the “registered User”). Upon successful registration of the user account, LSCM will assign a unique User ID (“User ID”) based on the registered User’s email address and issue a unique initial password to the registered User.
5.2 Password Setup: Users are required to set a secure password (“PCS Password”) within three weeks of receiving the initial password. Failure to do so will result in the initial password being revoked without further notice.
6. Fees and Billing
6.1 Details of all fees and tariffs are published on the PCS website and subject to periodic revision.
6.2 TLB or LSCM may adjust the fee or tariff by at least 30 days’ notice. In such event, a User may terminate the PCS Services concerned before the fee adjustment comes into force.
6.3 All transactions are encrypted using industry standards (TLS 1.2 or higher) with 3D Secure protocols and subject to anti-fraud and anti-money laundering monitoring as required under the laws of the Hong Kong Special Administrative Region.
6.4 Refunds are subject to manual verification and granted only for specific justified reasons (e.g., duplicate payment, transaction error or non-fulfillment). LSCM may deny or delay refunds where abuse or fraud is suspected.
6.5 Additional service fees may apply and are transparently disclosed during the payment process.
6.6 PCS and its designated payment service provider(s) are not liable for failed transactions due to user error, connectivity/disruption, or third-party institution actions.
7. Terms of Use for Payment Gateway and Financial Transactions
7.1 The payment gateway is designated solely for PCS-related transactions and value-added services and is available only to Users with a valid and active PCS account.
7.2 The payment gateway supports secure payment methods, including major credit cards, for payment in Hong Kong Dollars.
8.1 LSCM shall collect company information from Users, including but not limited to company names, contact details, and transaction history, for the purpose of communication and providing and enhancing the PCS Services.
8.2 LSCM shall not disclose Users’ information to any third parties, except where required by law, with the Users’ prior consent, or to designated service providers necessary for the operation of PCS services under confidentiality agreements.
8.3 LSCM ensures that the company data collected is encrypted using the internationally recognised Advanced Encryption Standard (AES256) and stored securely in the data center. To conform with industry encryption standards, Transport Layer Security (TLS1.2) shall be adopted to encrypt data, ensuring security and integrity during transmission over the internet.
8.4 By registering for the PCS Services or continuing to use them, Users consent to the collection, use, and processing of their company data as described in this User Agreement.
8.5 Users are responsible for implementing appropriate security measures to safeguard their systems and data when using the PCS Service.
9.1 The PCS Services are provided on an "as is" and "as available" basis. While LSCM strives to enhance functionality and availability, it does not guarantee uninterrupted or error-free operation.
9.2 LSCM reserves the right to update or modify the PCS Services from time to time. Users will be notified of significant changes.
9.3 The PCS may include links to third-party websites or applications. LSCM is not responsible for the content, processing and security of such third-party services.
9.4 PCS reserves the right to engage third-party suppliers for delivery of any service or module.
10.1 Users shall use the PCS Services solely for lawful purposes and in accordance with these User Agreement, as well as with all applicable laws of the Hong Kong Special Administrative Region ("HKSAR").
10.2 Users should ensure that all information provided when using PCS Services is accurate, complete and not misleading.
10.3 Users shall not use the PCS Services to upload, transmit, or distribute any content that is illegal, harmful, defamatory, or otherwise objectionable. Users are also prohibited from impersonating any person or entity or engaging in unauthorized activities.
10.4 Users shall not introduce any viruses, malicious code, or harmful software into the PCS, nor interfere with or disrupt the operation of the PCS Services.
10.5 Users shall not share their User ID, PCS Password, with any other person under any circumstances or attempt to access unauthorized areas of the PCS.
10.6 Users acknowledge that any unauthorised use of the PCS Services, breach of these T&C, or fraudulent activities may result in the suspension or termination of their PCS Account without prior notice.
11.1 Without prejudice to Clause 3.3, users retain full ownership of any data submitted through PCS Services while granting right to LSCM for service operation and improvement of the PCS. LSCM does not assert ownership over any data provided by Users.
11.2 LSCM may conduct data analysis and generate aggregated information based on User data. This aggregated information will not disclose any individual User's information.
11.3 User data may be shared with third parties only after obtaining explicit consent from the Users.
11.4 LSCM reserves the right to transfer data to relevant government departments or bureaus at their request.
11.5 All intellectual property rights associated with the PCS Services, including but not limited to software, content, and branding, are owned by LSCM or its licensors.
12.1 LSCM will communicate with Users via the email address provided during registration or through electronic notices on the PCS website.
12.2 Notices are deemed received once sent or when displayed on PCS.
12.3 Users are responsible for timely actions required by Electronic Notices, and failure to act does not excuse non-compliance.
13.1 Either party may terminate this Agreement by giving 30 days’ written notice.
13.2 LSCM may terminate the User Agreement immediately if a User or its Users breach this User Agreement or become insolvent.
13.3 Upon termination, the Users’ access to the PCS Services shall be immediately ceased.
14.1 LSCM is not liable for any indirect, incidental, or consequential damage arising from the use of the PCS Services (whether authorized or not).
14.2 LSCM makes no warranty that the PCS Services meet the User’s requirements or the quality of any products, services, information, or other material obtained through the PCS platform will be satisfactory. The User’s sole remedy for dissatisfaction with the PCS Services is to stop using the PCS Services.
14.3 Users agree to indemnify LSCM against any third-party claims, damages, or liabilities resulting from their use of the PCS Services
14.4 Notwithstanding anything to the contrary in this Agreement, LSCM’s liability arising out of or in connection with the PCS Services shall be limited to the total amount of service fees paid by the User for the Services in the six (6) months preceding the claim.
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15.1 This Agreement is governed by the laws of the Hong Kong Special Administrative Region.
15.2 Any disputes will first be subject to negotiation. If unresolved, disputes will be submitted to the exclusive jurisdiction of the courts of Hong Kong. For Users outside the Hong Kong Special Administrative Region, the parties agreed to refer the dispute to arbitration under the Hong Kong International Arbitration Centre Administered Arbitration Rules.
16.1 Neither party shall be held liable for failure to perform obligations due to happening of the force majeure events.
17.1 LSCM may update this User Agreement from time to time. Users will be notified of updates at least 60 days prior to their effective date via the PCS Website or email. Continued use of the PCS Services constitutes acceptance of the updated terms.
18.1 This User Agreement, alongside any supplemental terms, constitutes the entire agreement between LSCM and Users. It supersedes all prior agreements and understandings.
19.1 By registering for an account or continuing to use the PCS Services, each and every of the Users confirm that he or she has read, understood, and agreed to this User Agreement.
19.2 For further assistance or inquiries, please contact at info.pcs@lscm.hk.
Location Data The App requires access to your device’s location to function properly. We collect:
Precise Location: Using GPS, Wi-Fi, and cellular data (via android.permission.ACCESS_FINE_LOCATION) to provide accurate tracking, route optimization, and real-time delivery updates. Approximate Location: Using coarser methods like Wi-Fi and cellular towers (via android.permission.ACCESS_COARSE_LOCATION) as a fallback or for less precise features. Background Location: We may access location data even when the App is not in the foreground (via android.permission.ACCESS_BACKGROUND_LOCATION) to enable continuous tracking of shipments or vehicles, such as notifying you of delivery status changes. This is only enabled if you grant permission and is used sparingly to conserve battery.