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Last Updated: 01 February 2022
1.1 The following terms and conditions govern your use and access to our services, including our website(s), our application(s), our application programming interfaces (APIs), our notifications and any information or content appearing therein (collectively our “Platform”).
1.2 By using our Platform, you agree to these terms and conditions regardless of whether you are paying user or a non-paying visitor. If you are using our Platform as a representative of an entity, you are agreeing to these terms on behalf of that entity.
1.3 You should also read our Privacy Policy which sets out how we collect and use your personal information.
2.1 Digital Pay Solutions Limited, a company incorporated under the laws of Hong Kong under company number 70343654, and with its office address at Room 3 of Unit 717 7/F Peninsula Centre, 67 Mody Road, Tsim Sha Tsui, Kowloon, Hong Kong.
2.2 For any questions or problems relating to our Platform, our products or services, or these terms, you can contact us by emailing hello@digital-pays.com or writing to us at Room 3 of Unit 717 7/F Peninsula Centre, 67 Mody Road, Tsim Sha Tsui, Kowloon, Hong Kong.
2.3 We may need to provide you with certain communications, such as service announcements and administrative messages when you use our Platform. If you wish to opt out from receiving such communications, which may affect your use of our Platform, please contact our customer service team at hello@digital-pays.com.
2.4 When we use the words “writing” or “written” in these terms, this includes WhatsApp and emails.
We may amend these terms and conditions from time to time by posting the updated terms on our Platform. If we make material changes, we will notify you of the changes before they become effective. By continuing to use our Platform and our services after the changes come into effect means that you agree to be bound by the revised policy.
4.1 We are constantly changing and improving our Platform and the products or services we provide. We may from time to time change or discontinue any of the products or services we offer, or add or remove functionalities or features, and we may suspend or stop certain products, services, functionalities or features altogether. If we discontinue certain products, services, functionalities or features, we will give you advance notice where reasonably possible.
4.2 We may release products, services, functionalities or features that we are still testing and evaluating. We will label such services as “UAT”, “preview”, or “trial” or any words or phrases with similar meanings. You understand that these trial services are not as reliable as other products or services we offer.
4.3 We reserve the right to limit or terminate your use of our Platform and the services we provide, including the right to restrict, suspend or terminate your account if we believe you are in breach of these terms and conditions or are illegally using our Platform or any services we provide.
4.4 We try our best to ensure that our Platform is always available, but we do not guarantee that the operation of or access to our Platform will be uninterrupted or continuous. Our Platform may be interrupted for maintenance, repairs, upgrades, network or equipment failures.
4.5 You are responsible for configuring your information technology, computer programmes and platform or system in order to access our Platform. We do not guarantee that our Platform will be free from bugs or viruses.
5.1 You must comply with the Acceptable Use Policy stated below and all applicable laws and regulatory requirements, including privacy laws and intellectual property laws in using or accessing the Platform.
Subject to your payment of applicable fees, we give you a personal, worldwide, royalty-free, non-assignable, non-transferrable, non-sublicensable, non-exclusive and revocable license to access and use our Platform, including any software or application as part of the services we offer. This license is for the sole purpose of enabling you to use and enjoy the benefit of our Platform as provided by us and in the manner as permitted by these terms.
5.2 This license to use our Platform will terminate if you do not comply with these terms or other additional terms or conditions imposed by us from time to time.
5.3 You must not copy, modify, distribute, sell, lease, loan or trade any access to the Platform or any data or information on it.
5.4 Acceptable Use Policy: As part of the terms of use, you agree not to misuse the Platform or help anyone else to do so, including but not limited to following misconducts:
(a) use our Platform for unlawful or unauthorised purposes;
(b) re-sell or attempt to benefit in a commercial means from any data, content or information available on the Platform;
(c) probe, hack, scan, harass or test the vulnerability of any system or network;
(d) breach or otherwise circumvent any security or authentication measures or service use limits;
(e) access, tamper with, or use non-public areas or parts of the Platform;
(f) interfere with or disrupt any user, host, or network, for example by sending a virus, trojan, worm, logic bomb, or any other material that is malicious or technologically harmful, overloading, flooding, spamming, or mail-bombing any part of the Platform, or by scripting the creation of any content in such manner as to interfere with or create an undue burden on the Platform;
(g) reverse engineer, decompile, decode, disassemble, decipher or otherwise attempt to derive the source code for the Platform or any related technology that is not open source;
(h) access, search, or create accounts for the Platform by any means (automated or otherwise) other than our publicly supported interfaces (for example, “scraping” or creating accounts in bulk) or attempt to do so;
(i) send unsolicited communications, promotions or advertisements, or spam;
(j) forge any TCP/IP packet header or any part of the header information in any email;
(k) send altered, deceptive, or false source-identifying information, including “spoofing” or “phishing”;
(l) conduct surveys, contests, or pyramid schemes, or promote or advertise products or services without appropriate authorisation;
(m) abuse our referrals or promotions;
(n) post, publish, copy & cite, upload, display, distribute, or share materials that are unlawful, inappropriate, profane, pornographic, obscene, indecent, libellous, defamatory, abusive, or knowingly false, and/or that infringe intellectual property rights;
(o) violate the wordings or spirit of this terms and conditions;
(p) violate applicable laws or regulations in any way; or
(q) violate the privacy or infringe the rights of others.
6.1 You retain your rights to any information or content you submit, post or display on or through the Platform (“Your Content”). By submitting, posting or displaying such content, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, process, copy, reproduce, adapt, modify, publish, transmit, display and distribute such content in any and all media or through any distribution channels (now known or later developed), subject to applicable provisions in our Privacy Policy.
6.2 You are responsible for your use of Your Content and any consequences thereof, including any consequences of the use of Your Content by other users or third parties. We are not responsible or liable for any use of Your Content, nor the use of any content or information submitted or posted by other users or visitors.
6.3 You warrant that Your Content is not and will not infringe rights of any third parties and that you have all the necessary rights, power and authority to satisfy your obligations with regard to Your Content under these terms.
6.4 If you believe your intellectual property rights have been infringed, please contact us by emailing us at hello@digital-pays.com.
7.1 All intellectual property rights subsisting in the Platform or the products or services we provide belong to us or have been lawfully licensed to us. All rights under applicable laws are hereby reserved. You must not upload, post, publish, reproduce, copy & cite, transmit or distribute any content or component of our Platform in any way, or create any derivative works with respect to any such content or component.
7.2 We may (at our discretion but are not obliged to) review content or information submitted or posted by users on our Platform. We reserve the right to remove any content which we consider as offensive, harmful, deceptive, discriminative, defamatory or otherwise inappropriate or misleading, or content that we believe may be infringing rights of third parties. We do not endorse or support any views expressed by any users on our Platform.
7.3 Our name “Digital Pay Solutions Limited” and our marks and logos are our trademarks (be it registered or unregistered) and could not be used without our express prior written consent.
We can provide integration with third-party software to provide a full suite of functionalities to our users. We are not responsible for any issues or losses arising from the use of any third-party software. Your access and use of the third-party software is governed by the terms of service or user agreements of that software.
9.1 We value and welcome your feedback. You agree that we are free to use, disclose, adopt and/or modify any feedback and any information (including any ideas, concepts, proposals, suggestions or comments) provided by you to use in connection with our Platform or any products or services we offer, without any payment to you.
9.2 You hereby waive and agree to waive any rights to claim for any fees, royalties, charges or other payments in relation to our use, disclosure, adoption and/or modification of any of your feedback.
10.1 Some countries or jurisdictions may not allow the disclaimers in this clause, in which case these discs, partners and licensors (collectively, “Our Entities”)) expressly limit our liabilities in connection with or arising out of the provision of the Platform as follows:
(a) we provide the Platform and any products or services we offer on an “as is” and “as available” basis, and your access to or use of our Platform is at your own risk;
(b) we give no assurance, representation or warranty of any kind (whether express or implied) about the Platform, the Platform’s content and any products or services we provide;
(c) we do not guarantee that the information or content you find on the Platform is accurate, truthful, complete and up-to-date;
(d) we expressly disclaim all warranties and representations (for example, warranties of merchantability, fitness for a particular purpose or use, and non-infringement);
(e) we are not responsible for any delay or disruption in our Platform or any defect, viruses, bugs or errors; and
(f) we are not responsible for the conduct of or any content or information submitted or posted by any user of the Platform in anywhere.
10.2 To the fullest extent permitted by law, we are not liable to you or others for:
(a) any indirect, incidental, special, exemplary, consequential or punitive damages; or
(b) any loss of data, business, opportunities, reputation, profits or revenues, relating to the use of our Platform or any products or services we offer.
10.3 We do not exclude or limit our liability to you where it would be illegal to do so. This includes any of our liability for fraud or making fraudulent misrepresentation in operating the Platform or providing the products or services we offer.
10.4 If you are using the Platform as a consumer, in some countries or jurisdictions you may have certain legal rights as a consumer. In such cases, nothing in these terms limit your legal rights as a consumer that may not be waived by contract.
10.5 Other than liabilities that we cannot limit by law, any liabilities of Our Entities to you (on aggregate) are limited to the amount that you have paid us (if any) for the use of our Platform or for any products or services we offer over the last twelve (12) months.
11.1 Our Platform is not intended for and may not be used by minors. By using our Platform, you represent that you are an adult and that you are able to legally enter into contractual agreements.
11.2 If you are using the Platform on behalf of an entity, by using the Platform you represent that you have the necessary rights and authority to agree to these terms (and our Privacy Policy, Acceptable Use Policy and other documents referred to herein) on behalf of that entity.
12.1 You agree to indemnify and hold us and Our Entities harmless from and against all liabilities, damages, claims, costs (including legal fees and costs), and expenses in connection with or arising from (i) your breach of these terms, (i) your use of our Platform and/or (iii) any misrepresentation made by you.
12.2 You also agree to fully co-operate with us in the defence or settlement of any claim in relation to or arising out of our Platform or these terms.
13.1 The following terms and conditions will continue to apply until termination or suspension of the Platform’s service provided to you:
13.2 You may stop using the Platform any time by deactivating your account.
13.3 We reserve the right to suspend or terminate your access to our Platform, if we reasonably believe:
(a) you are in serious or repeated breach of these terms (including a prolonged failure to settle any payment);
(b) you are using the Platform in a manner that would cause a real risk of harm or loss to us, other users, or the public;
(c) we are requested to do so by government or regulatory authorities or as required under applicable laws, regulations or legal processes; or
(d) our provision of the Platform to you is no longer possible or commercially viable.
In any of the above cases, we will notify you by the email address associated with your account or at the next time you attempt to access your account, unless we are prohibited from notifying you by law.
13.4 Upon termination of your access/services, these terms will also be terminated except for Clauses 10 to 17.
13.5 Where we consider necessary or appropriate, we will report any breach of these terms (or the Acceptable Use Policy) to law enforcement authorities and we will cooperate with such authorities by disclosing your identity and providing any information about you within our systems to them.
14.1 These terms and conditions constitute the entire contract between you the user and us in relation to the use of or any transactions on the Platform.
14.2 You acknowledge that you will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms.
15.1 We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you do not wish to continue the contract with the transferee, you may contact us to end the contract within one (1) calendar month of us informing you of the proposed transfer.
15.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.4 No Waiver by Silence. Delay of us to enforce any act or silence on our part shall not be deemed a waiver by us to waive any of our rights herein. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
If you have any questions about these terms or the Acceptable Use Policy, please contact us by hello@digital-pays.com.
17.1 These terms are governed by and shall be construed in accordance with the laws of the Hong Kong Special Administrative Region.
17.2 The courts of the Hong Kong Special Administrative Region shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms.
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