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Introduction
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Information About Us
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Eligibility Criteria
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Your Data, Our Policy
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Security
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Additional Terms when Using
our Banking Assessment Test -
Suspension of Services
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Force Majeure
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No Third Party Rights
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Limited Liability
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Indemnity
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Intellectual Property Rights
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Confidentiality
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No Agency or Partnership
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Compliance and
Regulatory-Disclaimer -
Waiver and Severability
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T&C Governing Law
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Customer Care &
Contact Information
1. Introduction
1.1 The provision of services (hereinafter the “Services”), offered in this website (hereinafter the “Website”), is provided by Fidinam (Hong Kong) Limited (hereinafter “Fidinam”, “we” or “us” or “Company”) through Fidesion®, our banking solution platform using cloud-based software. The provision of Services is subject to the acceptance by the Website’s visitor (hereinafter “User”, “you”) of these terms and conditions of use (hereinafter “T&C”).
1.2 By accessing, visiting the Website and/or using the Services you expressly agree to be bound by these T&C applicable to you, or to whomever you are acting on behalf of, and to the Services provided by us. We recommend that you read these T&C carefully before you continue browsing the Website and/or use any of the Services. If you object to any of these T&C or any subsequent amendments, or become dissatisfied with our Services in any way, you may: (a) opt not to continue browsing the Website; or (b) discontinue your use of the Services.
2. Information About Us
Fidinam (Hong Kong) Limited is a private limited company incorporated in Hong Kong with business registration number 58065048 and registered offices at Room 1501, 15/F, Prosperity Tower, 39 Queen’s Road Central, Hong Kong who controls and operates the Website and provides the Services. FIDESION® is a registered business name of the Fidinam Group and a banking solutions platform to promote the Services. You can contact us for further information by email to info@fidesion.com.
3. Eligibility Criteria for Using the Services through the Website
3.1 Before using the Services you must ensure that you: (a) are an individual of at least 18 years old or any legal age in accordance to your nationality; (b) in case of a corporation are legally incorporated in your country of incorporation and that the individual acting on your behalf has been properly authorised by you; (c) have the legal capacity and authority to accept and to agree with these T&C; (d) will provide all information required by us to use the Services and/or at any time afterwards that we need to meet our obligations under any law or regulation.
3.2 If notwithstanding the above you will continue to browse the Website or to use, or request to use, the Services you shall be deemed to have represented and warranted to us that you match the above criteria. The above criteria shall remain in place at all times until you will cease to access the Website and/or use the Services and in the event that during such time you will not meet one or more of the above you must stop immediately to use the Services.
4. Your Data, Our Policy
4.1 We collect data to operate effectively and provide you the best experiences with our Services. You provide some of this data directly (or indirectly by the use of technologies such as cookies) when you use the Services or contact us for information and support. As Users may access our Website from various countries we will ensure adequate safeguards are in place in compliance with any applicable data protection law. In general, data collected by us will be collected, retained, treated, disclosed, transferred and protected in accordance with the Personal Data (Privacy) Ordinance (Cap. 486 of the Laws of Hong Kong) (“PDPO”), and with the General Data Protection Regulation (EU) 2016/679 (“GDPR”) as well as the relevant code of practice and guidance issued by the Office of the Privacy Commissioner for Personal Data, Hong Kong. In the event of data transfer outside of Hong Kong we will make our best efforts to ensure that any transfer of data receives, from the receiving party, a standard of protection comparable to the PDPO and GDPR.
4.2 When you will voluntarily provide your data to us for any specified purpose such as accessing our Website or using our Services you will be deemed to have agreed and consented to Fidinam collecting, using and/or disclosing your data in the manner and for the purposes set forth in our T&C. A User providing personal data relating to a third party, is deemed to represent to us that the User obtained the consent of the relevant third party for us to collect, use or disclose their personal data.
4.3 We will only collect, use and disclose personal data from you, or the entity you represents, that is reasonably considered necessary for the following purposes; (a) purposes that are instrumental to Fidinam’s provision of Services to you; (b) conducting due diligence instrumental to our Know Your Client policy; (c) communicating with our group companies in jurisdictions where you indicated an interest; (d) to assist you with your enquiries; (e) for market research; (f) any other purposes notified to you.
4.4 You have the right to withdraw your consent to the collection, use and/or disclosure of your data in our possession by submitting your request to: datacompliance@fidesion.com. Your request for withdrawal shall be dealt with as soon as reasonable practicable but we draw your attention to the fact that your consent withdrawal could affect the Services provided or to be provided to the extent that we might not be able to continue supplying or to supply the Services.
4.5 Cookies and online tracking used (if any) in any part of our Website will not be deployed to collect personal data, they will be used to fix problems, monitor usage and user habits. You may refuse to accept Cookies but by doing so you may be not be able to utilise our Services.
5. Security
You agree, acknowledge and accept that electronic communications such as the internet, telephone lines or SMS-based telecommunications media may not be secure and communications via such media may be intercepted by unauthorized persons or delivered incorrectly and therefore Fidinam cannot guarantee the absolute privacy or confidentiality of communications and information stored. Notwithstanding the above security of communications through internet can be enhanced by the application of adequate technology. In order to protect and preserve all personal data obtained by you we use advanced encryption techniques to transmit your personally identifiable information which is accessible only by Fidinam’s authorized personnel. We also provide and maintain stringent and severe protocols and measures so as to protect our systems and data stored from accidental or malicious access, destruction or damages. We shall be entitled, but not obliged, to record all communications from, or instructions given by you to us, or messages sent by us to you through the Website when using the Services.
6. Additional Terms when Using our Banking Assessment Test
6.1 The following terms and conditions are additional to these T&C which are not superseded or replaced.
6.2 The User, without the need of prior registration to our Website, may opt to take a test to determine the User’s (or its nominee) percentage of success for opening a bank account (traditional or digital bank) in a list of designated jurisdictions.
6.3 To take the on-line banking success assessment test (BSA) the User shall pay in advance a fee indicated in the dedicated hyperlink. The fee shall be payable through our secure third party payment platform, Stripe®, and shall not be refundable, whatever the end result of the BSA will be. Upon receipt of the fee the User shall be guided through our on-line questionnaire.
6.4 User may use third party software and application programming interfaces (“APIs”) when using the Services. Fidinam does not guarantee the reliability of such third-party software or APIs. The User agrees that Fidinam is not liable for any loss or damage arising out of the use of such third-party software or APIs to access any information, the Website or using the BSA to provide information for the questionnaire.
6.5 Payments are processed by an independent third-party payment processor. Fidinam excludes all liability for any loss or damage that might arise from the processing of User’s payment information, even if a particular transmission (for example, credit card information) is encrypted, and the terms of service of that independent third-party payment processor shall apply.
6.6 Our contractual relationship with the User shall terminate when the fee payment will be acknowledged and the test report delivered to the User.
6.7 The User acknowledge that the outcome of the test will not guarantee to the User, or its nominated entity, that the selected bank account will be opened as this decision will rest ultimately with the chosen banking services provider.
6.8 Fidinam is neither an agent nor a broker of any of the financial institution listed in the BSA on-line questionnaire and the fee paid by the User shall not be shared with any such financial institution.
7. Suspension of Services for Technical Reasons
In the event of disruption to, or a failure, unavailability, fault or malfunction of, or connected to, the Website and the Services, or where there is a real or potential security risk, Fidinam shall be entitled, without incurring any liability to you for loss of earning or otherwise, to temporarily suspend the relevant Services for such reasonable period as may be required to remedy, address or resolve the system issue. Fidinam may also suspend the Services as required for maintenance (whether emergency or planned) or upgrade work. Such suspension of the Services will be advertised as soon as practicable on our Website or by using social media or, when possible, by email to the email address provided by you at the time of using some Services.
8. Force Majeure
Fidinam shall not, either directly or indirectly be liable or in breach of its obligations under these T&C if there is any total or partial failure of performance of its duties and obligations occasioned by any act of God, the outbreak, exacerbation, continuance or reoccurrence of epidemics and disease (including but not limited to viral atypical pneumonia), fire, act of government or state or other third party, war, civil commotion, insurrection, embargo, inability to communicate with third parties for whatever reason, failure of any computer or network or settlement system, failure of or delay in any communication network, prevention from or hindrance in obtaining any airtime, energy or other supplies, labour disputes of whatever nature, late or mistaken payment by an agent or any other reason (whether or not similar in kind to any of the above) beyond Fidinam’s control.
9. No Third Party Rights and No Assignment
You agree that you have accepted these T&C for your own benefit and not for the benefit of another person, and that you shall not assign to any third party any of your rights or subcontract or novate your obligations under these T&C.
10. Limited Liability
10.1 Fidinam bears no responsibility for the improper, immoral, unauthorized, fraudulent or illegal use of otherwise arising out of use of our Website and Services. Fidinam, its directors, employees, officers or agents exclude all liability and responsibility for any loss or damage that may result to you or a third party (including without limitation any direct, indirect, incidental, special, or consequential, exemplary or punitive loss or damage or any loss of income, money, data or goodwill) arising out of or in connection with your use of our Website and Services including but not limited to damages and losses: (a) due to fraudulent or accidental transactions; (b) of hardware, software or data including corruption of data due to inaccuracy, any error or delay, interruption in the transmission of such data; (c) interruptions, suspensions, delays or discontinuance of the Website or any Services; (d) caused by circumstances beyond our control such as faults and malfunction of any equipment which supports our Website, machine or system failure; (e) from your use or inability to access our platform at any time; (f) arising out of unauthorised access or fraud in relation to your data committed by you, your employee, officer or agent; (g) due to any tax liability applicable to you for collecting, reporting, withholding or remitting any taxes arising from your use of the Services.
10.2 Fidinam will incur no independent or third party or vicarious liability in relation to the failure by you to adhere to the T&C or on other related and linked independently operated platform by third parties.
10.3 You agree and acknowledge that the Website and the Services and content provided through it are provided “as is”. To the fullest extent permitted by law, Fidinam makes no warranties in relation to the use and availability of the Website and the Services provided through the Website.
10.4 Nothing in these T&C shall limit our liability resulting from our gross negligence, fraud or fraudulent misrepresentation, misconduct, for death or personal injury resulting from our negligence.
11. Indemnity
The User represent, warrant and undertake that they shall comply with all applicable laws and regulations when using our Services. To the maximum extent permitted by law, you agree to indemnify us (and/or any of our affiliates officers, directors and employees) from, and hold us harmless from, and against all claims, damages and costs that have been reasonably incurred by us in connection with any regulatory inquiry, legal action, litigation, dispute, or investigation due to: (a) the use of the Services by you; (b) your breach of our T&C; (c). any misrepresentation made by you. No right of indemnity exists for you against Fidinam.
12. Intellectual Property Rights
12.1 “Intellectual Property Rights” means all copyright, patents, registered and unregistered trademarks and logos, combination of trademarks and logos with specific wording identifying a service or a product, registered and unregistered design rights, rights in databases and topography rights and other intellectual property rights, all rights to bring an action for passing off, all rights to apply for protection in respect of any of the above rights and all other forms or protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world.
12.2 You may only download, use, view and display our Intellectual Property Rights in the Website solely for the purposes of using the Services and in accordance with these T&C. Save for where otherwise specified, the Intellectual Property Rights in, and contents of, the Website are owned by Fidinam or licensed to Fidinam. Reproduction, copying, modification, alteration, or adaptation of part or all of the contents of the Website (including any graphics or trademarks) in any form is prohibited without Fidinam’s prior written consent, or as otherwise set-out in these T&C.
12.3 Fidinam owns or is the authorised licensee of all Intellectual Property Rights that exist in the words “FIDINAM” and “FIDESION” and in any accompanying logo. Fidinam also owns or is the authorised licensee of all Intellectual Property Rights in the domain https://www.fidesion.com . Fidinam takes cyber-squatting very seriously. Please notify any suspected cyber incidents to info@fidesion.com.
13. Confidentiality
13.1 The User acknowledges that, in the course of engaging with Fidinam, they may receive or have access to certain confidential and proprietary information belonging to Fidinam, including but not limited to business strategies, pricing information, and other trade secrets (“Fidinam Confidential Information”). The User agrees to keep all Fidinam Confidential Information strictly confidential and not to disclose it to any third party without the prior written consent of Fidinam.
13.2 Fidinam also acknowledges that instrumental to the provision of the Services they may receive or have access to certain confidential and proprietary information belonging to the User or to a party represented by the User, including but not limited to: financial information, corporate information, business models, nominee arrangements, ultimate beneficial owner’s identity (“User Confidential Information”). Fidinam shall not use the User Confidential Information for any purpose other than the performance of the Services and for such reason the User by accessing this Website and/or using the Services authorise Fidinam to access and disclose the User Confidential Information to its employees, affiliates, consultants, subcontractors, agents, or advisors and to other companies of the Fidinam Group who have a strict need to access the User Confidential Information for the purpose of performing the Services.
13.3 The obligation of confidentiality shall remain in effect until such time as the information becomes publicly known. Any confidential information can be disclosed if legally required to do so in connection with any legal proceeding or regulatory requirement.
14. No Agency or Partnership or Affiliation
Nothing contained in these T&C shall be construed or have effect as constituting any relationship of principal and agent or partners or affiliate as between us and the User. No authority or right is conferred upon the User by these T&C to assume any obligation of any kind express or implied on behalf of us or to bind or commit us in any way.
15. Compliance and Regulatory-Disclaimer
15.1 Fidinam is regulated in Hong Kong by the Registry for Trust and Company Services Providers (reg. No. TC002350). On the contrary, Fidinam is not regulated by the Hong Kong Monetary Authority and does not hold any licence issued by the Hong Kong Securities and Futures Commission. As such we do not offer banking and financial services and we do not intend through the Website to provide directly any banking and/or regulated financial advice of any sort to the User.
15.2 Our Services may, in connection with certain User’s needs, require that we direct the User to connect with independent licensed banking institutions and licensed financial services providers to discuss the User’s needs for the provision of such regulated services. Fidinam does not act as an agent or broker of any banking institutions or financial services providers
15.3 Fidinam Services are offered and delivered in strict observance of any applicable legislation such as, but not limited to, the following Hong Kong ordinances: Prevention of Bribery Ordinance (Cap.201); Anti-Money Laundering and Counter-Terrorist Financing Ordinance (Cap. 615); Drug Trafficking (Recovery of Proceeds) Ordinance (Cap. 405); Organized and Serious Crimes Ordinance (Cap. 455); United Nations (Anti-Terrorism Measures) Ordinance (Cap. 575); United Nations Sanctions Ordinance (Cap. 537).
15.4 The User shall not, and shall not cause Fidinam to, breach any applicable law in connection with the use of the Services. Any suspected or evident violation by the User of any applicable legislation shall result in the immediate termination of the Services and the taking of any other protective measures that Fidinam shall deem necessary.
15.5 You understand that the contents of this Website are intended to provide general guidance on the various matters the subject matter of our Services and that you should not take any action on the basis of these contents without first seeking professional advice. You can contact us for advice on any particular area of interest. We made our best efforts and sought professional advice when preparing this Website and its updates in order to ensure that the information is accurate at all times. The User understand that laws and regulations may change rapidly and cause our Website to show unintentional inaccuracies.
15.6 We reserve the right to change the information provided in the Website, including these T&C at any time and without notice. The User is therefore recommended to review periodically our T&C for any relevant changes.
16. Waiver and Severability
16.1 Fidinam’s failure to enforce a provision in these T&C is not a waiver of Fidinam’s right to do so later.
16.2 If a provision in these T&C is found to be unenforceable the remaining provisions of these T&C will remain in full effect and an enforceable term will be substituted, reflecting the initial intent.
17. T&C Governing Law
These T&C shall be governed by and construed in accordance with the laws of Hong Kong. The User agrees to submit to the exclusive jurisdiction of the courts of Hong Kong any dispute arising out of the User’s use of the Website and the Services, whereas we reserve the right to enforce these T&C against the User in the courts and tribunals of its own country of residence, if necessary.
18. Customer Care & Contact Information
If you have any questions about these T&C or any complaints, or require any assistance with the Services, we are always here to help. You can get in touch with us by sending an email to info@fidesion.com.

