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Terms and Conditions Terms and Conditions 條款及細則

Terms & Conditions for Using KPay (this “Agreement”)

This overall Privacy Statement discloses the privacy practices for KPay Merchant Service Limited (“KPay”). KPay collects personal information about our users during usage of the KPay service, from our use of "cookie" technology as you use the service, including but not limited to Live Chat services, and during or while subscribing to our newsletter or special offer services. KPay respects your right to privacy. As part of the process, we give you the opportunity to decline to receive any mailings from either KPay or other parties to whom KPay may provide such information.

  1. Use of the Service. Please read the terms and conditions below carefully before using the Service. By using the Service, you agree to be bound by the terms and conditions below. You may not use the Service if you do not accept the terms and conditions of this Agreement. KPay may amend this Agreement at its sole discretion without prior notice, and such amendment shall be effective immediately upon posting of the amended Agreement. By continuing to use the Service following such amendment, you agree to be bound by the amended Agreement. KPay has no obligation to notify users of the posting of an amended Agreement.

  2. The Service. By submitting payments through the Service, you authorize KPay to process your payments according to your instructions. You are responsible for any legal, regulatory, or banking penalties and fees that may be assessed for supplying false information to us for use with the Service. By accepting these terms and conditions, you represent and warrant to KPay that: (i) you are 18 years old or older, (ii) you are using your actual identity and any information you provide is accurate and complete; (iii) you are legally authorized to make payments using the payment account; and (iv) your use of the Service will not violate any local, state, national or international laws or regulations.

  3. Authorization. By providing KPay with a payment authorization under the Service, you authorize KPay to charge the payment account to make the payment on your behalf.

  4. Our Responsibilities. KPay will use all reasonable efforts to process all your payment authorizations promptly and properly, provided the authorizations are well received by KPay. KPay will not be responsible for any failure to process a payment authorization that is not actually and completely received by KPay for any reason, including, but not limited to user error, equipment malfunction, technical issues, natural disasters, impediments, inaccurate or incomplete information, or any other irresistible factors. If KPay does not process a payment made by you in the correct amount, KPay will be liable for your losses, but in no event shall KPay’s liability exceed the amount of the payment authorization. KPay shall not be responsible and shall not be liable for any of your losses if it is unable to complete a payment authorization initiated by you because of the existence of any one or more of the following circumstances: (i) the payment account does not contain sufficient funds to complete the payment, or the payment would exceed the credit limit applicable to the payment account, (ii) you have not provided KPay with correct information; (iii) circumstances beyond KPay’s control (including, but not limited to natural disasters, internet service interruptions, malicious attack, accidents, or any other interference form an outside force) prevent the proper transmission of your payment authorization, (iv) KPay fails to receive a full and complete payment authorization, (v) you have made any false or materially misleading statement or representation in connection with any payment authorization, (vi) the bank or financial institution maintaining the payment account refuses or is unable to honor a payment request from KPay, (vii) you have violated any term and condition of this Agreement.

  5. Limitations. In using the Service, you are requesting KPay to make payment on your behalf from your designated payment account. If your bank or financial institution is unable to process a payment (for example, there are not sufficient funds in the payment account to cover the payment, or if funds in the payment account are unavailable for any reason), the payment may not be completed. There may be limits or restrictions upon the number or frequency of payments that can be made from your payment account under applicable law or under your agreement with the bank or financial institution maintaining the payment account. KPay’s obligations under the Service are subject to any such limits or restrictions, and KPay has no duty to notify you of any such limits or restrictions.

  6. Disclaimer of Warranties. KPay is providing the Service “As Is” without warranty of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose. KPay does not warrant that the Service is error-free, or that use of the Service will be available or uninterrupted.

  7. Limitation of Liability. In no event shall KPay or any of its representatives or affiliates be liable for any direct, indirect, incidental, special, punitive or consequential damages, including but not limited to, any loss of business or profit, arising out of any use, or inability to use, errors, or omission of the service, whether incurred by you or any third party, even if KPay or any of its representatives or affiliates have been advised or may otherwise know of the possibility of such damages.

  8. Assignment. You may not assign this Agreement to any other party. KPay may assign this Agreement to any directly or indirectly affiliated company. KPay may also assign or delegate certain or its rights and responsibilities under this Agreement to independent contractors or other third parties.

  9. General. This Agreement is governed and shall be construed in accordance with the laws of Hong Kong. This Agreement constitutes the entire agreement between KPay and you relating to the Service. It supersedes any prior agreement or understandings between KPay and you relating to the subject matter hereof. Failure or delay in enforcing any right or provision of this Agreement shall not be deemed a waiver of such provision or right with respect to any subsequent breach or a continuance of an existing breach. If any provision of this Agreement shall be held to be unenforceable that provision will be enforced to the maximum extent possible, and the remaining provisions of this Agreement will remain in full force and effect.

Your Agreement. By submitting a payment, you acknowledge that you have read and understand this Agreement and you agree to be bound by the Terms and Conditions set forth above and any further Amendments to this Agreement which may be made from time to time.