TERMS AND CONDITIONS FOR THE SERVICES
YOU MUST READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICES. BY SIGNING UP TO BE A MEMBER OF PAYDOLLAR AND/OR USING THE SERVICES, YOU SHALL BE DEEMED TO HAVE ACCEPTED AND BE BOUND BY ALL THESE TERMS AND CONDITIONS.1. The Terms and Conditions
(a) The Services provided by AsiaPay (H.K.) Limited ("AsiaPay") are subject to the following terms and conditions which shall form part and partial of the mandates, agreements and documents made between the Member and AsiaPay. Only individual natural person is permitted to apply to be a Member. The Services are available only to individual who can form legally binding contract under the laws of Hong Kong. Without limiting the foregoing, the Services are not available to minors or where not permitted by law. If you do not qualify, please do not use the Services. Every individual natural person is limited to one membership.
(b) AsiaPay shall be entitled to amend and/or change and/or delete and/or add and/or substitute to any of the terms and conditions set out herein from time to time and at any time without prior notice to the Member and such terms and conditions shall be effective and binding on the Member. By using the Services and/or any part thereof on each and every occasion, the Member agrees to and/or is deemed to have agreed to all the terms and conditions in relation to the Services and shall be bound by them absolutely as issued or adopted by AsiaPay from time to time. As such, the Member should visit this page periodically. These Terms and Conditions were last revised on 8 November 2000.
2. Definitions & Interpretation
The following expressions shall have the following meanings respectively :
"Hong Kong" means Hong Kong Special Administrative Region of the People's Republic of China;
"Instruction" means a payment or other request, instruction or direction made, sent, or communicated through the Internet and/or other electronic system or device (whether wired or wireless and whether fixed or mobile) in respect of any matters, actions, services or transactions eligible for the Services and/or provided by or available at PayDollar;
"Member" means any person who is signed up as a member of PayDollar;
"PayDollar" means the Web site (including but not limited to the Web pages comprised therein) with the domain name of "http://www.paydollar.com" on the Internet hosted, operated and maintained by AsiaPay for the provision of the Services;
"Services" means the services or facilities or any part thereof offered and provided by AsiaPay to Members through PayDollar, which enable and facilitate any Member to make payment of money or fund to other Member and other services or facilities as offered and provided by AsiaPay through PayDollar from time to time; and
"User Guide" means the guides or procedures (whether online or not and whether in electronic or written from) specified or adopted by AsiaPay for the use of the Services and/or the browsing and operation of PayDollar (such guide or procedures may be varied, amended, updated or substituted by AsiaPay from time to time without prior notice to the Member).
Words importing the singular include the plural and vice versa, and words importing a gender shall include every gender.
3. Payment Method
(a) Payment by paying Member may be made from or through the following means only :
(i) money transfer from a Hong Kong dollar savings account or current account maintained with a licensed bank in Hong Kong, with the Member being the sole bank account holder; and
(ii) MasterCard credit card with the Member being the sole credit card holder.
(b) Payment to receiving Member may be made to or through the following means only: (i) money transfer to a Hong Kong dollar account maintained with a licensed bank in Hong Kong, with the Member being the sole bank account holder; (ii) cheque in favour of the receiving Member issued by AsiaPay and drawn on a licensed bank in Hong Kong.
(c) If a Member requests money transfer from or to his bank account, the Member is requested to provide an initial authorization in favour of AsiaPay in such from and content and in accordance with the instructions of AsiaPay. The Member agrees to pay all charges or fees charged by the Member's bank or credit card issuer for the setting up of the initial instruction and for all transfers of money or payments from and to the Member's bank account or credit card account. All payments of money shall be in Hong Kong dollar.
4. Membership & Access to the Services
(a) Before using the Services for the first time, you are required to apply and sign up as a Member online at PayDollar or in such other manner as AsiaPay may from time to time specify, and indicate your acceptance of all the terms and conditions governing the use of the Services and PayDollar, and to provide such information as AsiaPay may reasonably specify or require. The Member will be requested to verify and identify his identity in accordance with the validation procedures as AsiaPay may from time to time specify.
(b) The granting of access to or availability of the Services to the Member shall be at the sole discretion of AsiaPay who may at any time without prior notice to the Member suspend or cancel the Services or any part thereof as it deems fit or for any reason whatsoever. The Member does not have any claim whatsoever against AsiaPay for any such cancellation or suspension by AsiaPay.
(c) The Member may, subject to these Terms and Conditions, obtain access to the Services through the Internet and/or other electronic system or device (whether wired or wireless and whether fixed or mobile) during such service hours specified by AsiaPay from time to time.
5. Member ID & Password
(a) The Member shall follow the procedures specified by AsiaPay online in designating the Member identification code (the "Member ID") and the password (the "Password"') for identifying the Member for the purposes of the access and/or uses of the Services.
(b) The Member ID cannot be changed by the Member. The Member may apply to AsiaPay for change of the Password, and any change of the Password shall be effective only if accepted by AsiaPay.
(c) The Member agrees and acknowledges that the Member ID and/or Password is confidential and shall not disclose the Member ID and/or Password to any person and shall exercise all due care and precaution to prevent the Member ID and/or Password being used by any other person. Any action or omission whether intentionally or unintentionally breaching that confidentiality shall render the Member liable to AsiaPay for all the losses and damages whatsoever arising from or as a result of such breach.
(d) The Member shall notify AsiaPay immediately of any actual or possible unauthorized use or loss of the Member ID and/or the Password and shall on each occasion confirm in writing to AsiaPay. Unless and until AsiaPay shall have received such notification, the Member shall : (i) bear and be liable to all the Instructions, consequences and transactions of the use of the Services whether authorized by the Member or not, and shall have no claim whatsoever against AsiaPay; and (ii) be liable to and indemnify AsiaPay for all costs (legal or otherwise), expenses, losses and damages suffered or incurred by AsiaPay in respect of any use of the Services whether authorized by the Member or not.
(e) Upon receipt of report or notice of unauthorized use or loss of Member ID and/or Password, AsiaPay shall have the absolute right to suspend or cancel the relevant Member ID and/or Password and/or to suspend, terminate or stop all or any part of the Services to the relevant Member.
6. Instruction
(a) The Member is required to quote the Member ID and Password in order to log-on or access to the Services and give Instructions to AsiaPay online. Instructions in connection with the Services shall not be considered to be received by AsiaPay unless they are given in accordance with the User Guide and until AsiaPay has actually received them. The Member acknowledges and agrees that AsiaPay may refuse to act upon an Instruction for any reason whatsoever and may defer acting thereon or seek further information with respect to the Instruction as it thinks fit.
(b) AsiaPay are authorized (but not obliged) to act on any Instruction which AsiaPay in good faith believes to be given by the Member by quoting the Member ID and the Password and in accordance with the User Guide. All Instructions shall be irrevocable and unconditional and may be acted or rely upon by AsiaPay irrespective of any other circumstances. Any Instruction, once given, may not be rescinded or withdrawn without the consent of AsiaPay. Where use of the Services has been in compliance with the User Guide, such use shall be treated or be deemed to have been made or duly authorized by the Member, and shall be binding on the Member in all respects and for all purposes.
(c) AsiaPay shall not be under any obligation to verify the identity or authority of any person giving Instruction and the authenticity of such Instruction. AsiaPay shall not be liable for relying or acting in good faith on Instruction which are given or purported to be given by any person(s) whom AsiaPay genuinely believes to be the Member, regardless of the circumstances prevailing at the time of such Instructions, the nature of the arrangement, services or transaction made pursuant to such Instruction or the amount of money involved and notwithstanding any error, misunderstanding, fraud, forgery or lack of clarity or authorization in the terms of such Instruction.
(d) The Member has the sole responsibility for accurately describing or identifying the receiving Member and all the necessary information of the receiving Member in order to enable AsiaPay to carry out any Instruction. AsiaPay are not responsible for confirming such information, or for monitoring or refusing to process duplicate Instructions. If the Member gives an Instruction that is incorrect, the Member agrees that AsiaPay may charge the Member's bank account or credit card for the payment whether or not the error could have been detected by AsiaPay. AsiaPay are not obligated to detect errors in the Member's Instruction.
(e) AsiaPay may transmit a confirmation upon receipt of a Instruction via the Services. The Member is responsible to ensure the confirmation agrees with the Instruction and shall transmit a re-confirmation within the time specified by AsiaPay from time to time. The Member agrees that it cannot countermand, revoke or terminate the Instruction after re-confirmation has been received by AsiaPay. Completion advice that an Instruction and/or a transaction has been received and/or effected through the Services will be provided by AsiaPay online through PayDollar. Such completion advice shall be deemed to have been received by the Member immediately after transmission and it is the duty of the Member to check such completion advice. It is also the duty of the Member to enquire with AsiaPay if the Member does not receive any completion advice within the time usually required for a similar advice to be received.
(f) The Member agrees and authorizes that upon receiving from the Member an Instruction for paying money to another Member, AsiaPay may act upon such Instruction and to transfer money or fund from or debit the bank account or credit card account of such paying Member.
(g) The Member agrees and authorizes that upon receiving from the Member an Instruction for receiving money from another Member, AsiaPay may act upon such Instruction and to transfer money or fund to or credit the bank account or credit card account of such receiving Member. The money or fund so transferred or credited to AsiaPay are money or fund entrusted by the paying Member to AsiaPay as agent of the paying Member so as to enable AsiaPay to pay or transfer the said money or fund to the receiving Member (the "Payment Money"). Subject to the terms and conditions hereof, the paying Member is not entitled to demand AsiaPay to return or refund the Payment Money to the paying Member.
(h) AsiaPay will return or refund the Payment Money to the paying Member in the following circumstances :
(i) if AsiaPay are enable unable to contact the receiving Member within a period to be determined by AsiaPay;
(ii) if the receiving Member does not agree to receive the Payment Money;
(iii) if, for any reason, AsiaPay cannot send or transfer the Payment Money to the receiving Member within a period to be determined by AsiaPay;
(iv) if, for any reason, the Instruction of the paying Member in respect of the Payment Money is rescinded, withdrawn, terminated or cancelled with the consent of AsiaPay; and
(v) if, for any reason, AsiaPay determines to return or refund the Payment Money to the paying Member.
(i) Any Instruction, order or transaction executed after the cut-off time of the Services (such cut-off time shall be determined by AsiaPay) on any business day may at the absolute discretion of AsiaPay be treated as to have effect on the next business day. AsiaPay reserves the right to change the cut-off time without prior notice to the Member. The Member agrees that Instruction submitted or placed by the Member on any day may at the discretion of AsiaPay be processed on the day of the Instruction or the next business day.
(j) The Member hereby agrees that AsiaPay's record of all the Instructions given or transactions effected shall be conclusive evidence of such Instructions and use which shall be binding on the Member in all respects and for all purposes.
7. Fees and Charges
(a) The Member agrees to pay AsiaPay all and any fees and charges as advised by AsiaPay from time to time in connection with the provision or use of the Services. AsiaPay shall determine and notify the Member of the rate of any fee and charge from time to time which shall be binding on the Member if the Member continues to maintain or use the Services after the effective date for imposing the fee or charge or the revised fee or charge.
(b) The Member hereby authorizes AsiaPay to debit or transfer from the Member's bank account or credit card account with the amount of such fees or charges. The fees and charges of AsiaPay shall be payable in advance and are non-refundable.
8. Member's Acknowledgement, Undertakings and Agreement
(a) The Member shall provide such information as AsiaPay may from time to time reasonably request for the purposes of providing the Services. The Member undertakes and confirms that information given by the Member true, correct, complete and up-to-date and is not misleading. The Member undertakes to inform and update AsiaPay with any change of the Member's information.
(b) The Member shall not, and shall not attempt to de-compile, reverse-engineer, translate, convert, adapt, alter, modify, enhance, add to, delete or in any way tamper with any part of the Services or the PayDollar or any software and/or know-how and/or technology comprised in them. The Member agrees to comply with the terms of licence agreement of any software made available by AsiaPay to the Member.
(c) The Member hereby agrees, confirms and acknowledges that information received via the Services or posted on or available at PayDollar is for reference only and AsiaPay shall not be held liable for or in connection with the accuracy or completeness of such information or error occasioned by omission, act, fault or negligence of or by any machine, system, programme, person and/or circumstance beyond the reasonable control of AsiaPay. AsiaPay reserves the right to update and vary such information from time to time and at any time.
(d) The Member acknowledges that (i) AsiaPay and/or PayDollar is not a bank or deposit-taking company, (ii) AsiaPay does not maintain any bank account or any current, savings or deposit account for the Member.
(e) The Member acknowledges that (i) interest or other money earned on the Payment Money awaiting clearance, pending payment to the receiving Member, or until return or refund to the paying Member, or (ii) payment or money attributable to the Payment Money but arising from other arrangement made by AsiaPay will be the property of AsiaPay.
(f) The Member acknowledges that AsiaPay and/or PayDollar is not an escrow service provider, and understands that AsiaPay does not make any guarantee regarding purchase made when using the Services. The Member acknowledges that AsiaPay does not ensure the quality, safety, or legality of any transaction consummated.
(g) The Member is fully responsible for any goods bought or sold or any services provided by or to another user or Member and settled through PayDollar and the Services. The Member agrees that a payment received from or paid to another Member is final and not reversible. AsiaPay does not have and assumes any responsibility or obligations in any disputes that arise between Members relating to payments made or any other transactions between Members.
9. Member's Responsibilities and Liabilities
(a) The Member agrees to comply with the laws that apply to the Member's use of the Services and PayDollar. The Member shall be fully liable and responsible for all consequences arising from or in connection with use of the Services and/or access to any information as a result of such use by the Member.
(b) The Member shall at all times be responsible at his own costs and expenses for selecting, obtaining, installing, operating and maintaining suitable, reliable and capable equipment and software to obtain access to the Services. AsiaPay are not responsible for any errors, failures, or malfunctions of the Member's equipment or software, or for any computer virus or related problems that may occur with the Member's use of the Services.
(c) Payment to receiving Member will not be made until money or fund has been duly cleared or transferred from the paying Member. Some transactions may take a very long time to be received by the receiving Member. Member is advised to give, send and place Instruction to AsiaPay at a time reasonably before the payment is due. It is the Member's responsibility to arrange that payment be made in such a manner that they will be paid on time. The Member is solely responsible for any loss or damages, such as late charges, that may be imposed as a result of the Member's failure to identify the correct payment date and give, send and place Instructions to AsiaPay in a timely manner.
(d) The Member shall not use or knowingly allow any other person to use the Services for or in connection with any illegal purpose or activity. The Member shall notify AsiaPay immediately if he becomes aware of such use. The Member shall also notify AsiaPay immediately of any actual or possible unauthorized use of the Member's bank account or credit card account, or use of the Services and shall on each occasion confirm in writing to AsiaPay. Unless and until AsiaPay shall have received such notification, the Member : (i) shall bear and be liable to all the consequences and transactions of all the aforesaid uses whether authorized by the Member or not, and shall have no claim whatsoever against AsiaPay; and (ii) shall be liable to and indemnify AsiaPay for all costs (legal or otherwise), expenses, losses and damages suffered or incurred by AsiaPay in respect of any of the aforesaid uses whether authorized by the Member or not.
10. Limitation & Disclaimer of AsiaPay
(a) AsiaPay does not warrant or represent that the Services and PayDollar are free from virus or other destructive features which may adversely affect the Member's computer hardware, software or equipment.
(b) AsiaPay shall under no circumstance be liable for and the Member hereby unconditionally and irrevocably releases AsiaPay from all liabilities directly or indirectly arising in consequence of or in any way related to :
(i) any interruption, interception, suspension, delay, loss, unavailability, mutilation or other failure in providing the Services (in whole or in part), in transmitting Instructions or information relating to the Services or in connecting with PayDollar caused by any acts, omissions or circumstances beyond the reasonable control of AsiaPay including, without limitation, failure of any communication network, act or omission of any third party service providers, mechanical failure, power failure, malfunction, breakdown, or inadequacy of equipment, installation or facilities, or any law, rules, regulations, codes, directions, regulatory guidelines or government order (whether or not having the force of law);
(ii) transmission and/or storage of any information and/or data relating to the Member, the Services and/or transactions conducted by the Member;
(iii) the Member or any other person obtaining access via the Services to information relating to the Member;
(iv) the Member's bank account does not contain sufficient funds to complete the payment or the payment would exceed the credit limit of the Member's bank or credit card account;
(v) the relevant payment processing institution or service is not working properly (whether the Member knew or were advised about the problem before such Member giving such Instruction);
(vi) AsiaPay are unable to confirm the Member's identity or the Member's authority;
(vii) the Member has not provided AsiaPay with the correct name or other necessary information of the receiving Member; and/or
(viii) circumstances beyond AsiaPay's control (such as, but not limited to, fire, flood, or other natural disaster; telecommunications failure; governmental action or omission; laws or regulations; terrorism; labor strikes or other interference from an outside force; computer hardware or software failures; an inability to procure supplies or materials; or access to the networks in which AsiaPay operates the Services) prevent the proper execution of the Instruction and/or the provision of the Services.
(c) AsiaPay shall under no circumstances be liable to the act or conduct of the bank and/or credit card issuer of the paying Member and/or the receiving Member, and the failure, omission, negligence, misconduct of the bank and/or credit card issuer of the paying Member and/or the receiving Member. AsiaPay shall under no circumstances be liable to or responsible for any loss and damages of the Member caused, directly or indirectly by any act, conduct, goods or services which may be done, supplied or rendered to the Member by such third party.
(d) PayDollar is provided on an "as is" and "as available" basis. AsiaPay make no representations, warranties or undertakings (including but not limited to any warranties of fitness for any particular purpose or merchantability), express or implied, regarding PayDollar, its content, the Services, the goods or services advertised or provided by third party via PayDollar, other linked Web sites or otherwise, or the subject matter of these Terms and Conditions. All warranties, including but not limited to implied warranties of merchantability and fitness for any particular purpose, are expressly excluded or disclaimed to the greatest extent permitted by law.
(e) AsiaPay shall not be liable to any Member for any consequential, indirect, special, exemplary, punitive, incidental or similar loss or damages, whether or not they are foreseeable, including but not limited to claims for loss of goodwill, profits, data, use of money or products, storage of work or impairment of assets, whether arising out of breach of express or implied warranty, breach of contract, negligence, misrepresentation, breach of strict liability or otherwise.
(f) AsiaPay make no representations, warranties or undertakings (including but not limited to any warranties of fitness for any particular purpose or merchantability), express or implied, regarding the reason, intention, consequence, result or underlying transaction or dealing of or for which the paying Member pays the Payment Money to the receiving Member. AsiaPay shall under no circumstances have any relation or be liable to the reason, intention, consequence, result or underlying transaction or dealing of or for which the paying Member pays the Payment Money to the receiving Member.
11. Rights & Powers
(a) AsiaPay shall have the right to impose such restrictions as it thinks fit for efficient operation of the Services. Without prejudice to these Terms and Conditions, AsiaPay may change the minimum or maximum amount of each Instruction and/or minimum or maximum aggregate amount of payment of any Member within any period of time from time to time without prior notice to the Member.
(b) The Member agrees and undertakes that the Member will not charge back any amount previously charged to the Member's credit card by AsiaPay. If any Member charges back a credit card charge for a payment initiated by such Member, AsiaPay may recover the amount of the charge-back by re-charging such Member's credit card for the amount of the charge-back or any other lawful means. AsiaPay reserves the right to seek relevant or appropriate reimbursement or refund from the receiving Member if AsiaPay discovers erroneous or duplicate transactions or AsiaPay receive a charge-back from the paying Member's credit card issuer relating to any transaction, dealing or agreement between the paying Member and the receiving Member. AsiaPay may obtain such reimbursement or refund by deducting from future payments owed to the receiving Member, by reversing any credits to the receiving Member's bank account, by charging the receiving Member's credit card or by seeking such reimbursement or refund from the receiving Member by any other lawful means.
(c) AsiaPay reserves the right to delay initiating payments pending an investigation if AsiaPay, in its sole discretion, believes any paying Member or receiving Member may have committed fraud or breached these Terms and Conditions or AsiaPay are uncertain regarding the authorization for any transaction. Notwithstanding any other provisions of these Terms and Conditions, if AsiaPay determine, in its sole discretion, that the receiving Member has committed fraud or breached these Terms and Conditions, AsiaPay may refuse to deliver moneys or funds to such receiving Member and may instead freeze any payment or may return the amount of the payment to the paying Member. AsiaPay will not be liable to the paying Member or receiving Member if AsiaPay acts in accordance with the provisions of this clause.
(d) AsiaPay generally does not disclose personally identifiable information to unaffiliated third parties. However, in the event that either party to a transaction is suspected of committing fraud, AsiaPay may notify the other party and include the information AsiaPay has about the party suspected of fraud or the circumstances in question.
(e) The Member hereby agrees and authorizes AsiaPay to verify the Member's information (including any updated information), to obtain credit reports about the Member from time to time, and to obtain a credit authorization from the Member's credit card issuer. The Member agrees that AsiaPay reserves the right to request a review of the Member's credit history and rating at its own expense through any credit bureau or institution. The Member also authorizes AsiaPay to obtain financial information regarding the Member's account or the transaction from any party involved in the transaction to resolve payment-posting problems.
12. Member's Indemnity
(a) Unless AsiaPay fails to act in good faith, AsiaPay shall under no circumstance be liable for and the Member hereby unconditionally and irrevocably releases AsiaPay from all liabilities and indemnifies AsiaPay against all actions, suits, costs, claims, demands, expenses, losses and liabilities howsoever, directly or indirectly arising in consequence of or in any way related to AsiaPay's acting upon or failing to act upon any Instruction transmitted via the Services whether or not the Instruction shall have been made with the proper authority of the Member or not.
(b) The Member agrees to observe and perform all and each of the terms and conditions herein contained and will indemnify AsiaPay against all costs (on solicitor and client basis), claims, demands, expenses, actions, losses and damages which AsiaPay may suffer as a result of the failure or omission on the part of the Member to observe and perform the terms and conditions herein contained. This indemnity shall continue notwithstanding any termination of the Membership or of the Services to the Member.
13. Proprietary Information
The Member acknowledges and agrees that the copyright, patent, trademark, trade secret and all other proprietary rights in and to the technology, know-how, designs, graphics, marks and software used by AsiaPay for PayDollar and the Services, are proprietary to AsiaPay and the licensors of AsiaPay. As such, the Member will not gain any ownership or other right, title or interest in or to them by reason of this agreement or otherwise.
(a) The Member agrees that information or personal data relating to the Member collected by AsiaPay from time to time may be used and disclosed for such purposes and to such persons (whether in or outside Hong Kong) as may be in accordance with AsiaPay's policies on use and disclosure of information or personal data set out in the statements, circulars, terms and conditions or notices made available by AsiaPay to its customers from time to time and such data may be (i) used in connection with matching procedures (as defined in the Personal Data (Privacy) Ordinance (Cap.486) of the Laws of Hong Kong); and (ii) disclosed (by way of credit references or otherwise) to any financial institution with which the Member has or proposes to have dealings.
(b) The Member authorizes AsiaPay to disclose any information regarding the Member and its relationship with AsiaPay to all or any of (i) any agent, contractor or third party service provider who provides administrative, telecommunications, computer, payment, credit reference or checking, debt collection or other services or facilities to AsiaPay in connection with the operation of its business; and (ii) any other person under a duty of confidentiality to AsiaPay, including any group companies of AsiaPay. Any termination of the Member's Membership by the Member or AsiaPay shall not affect or terminate the Member's authorization to disclose information given above in relation to information in the possession of AsiaPay at termination.
(c) The Member authorises AsiaPay to disclose and transfer to any person, including any government or regulatory authority in any jurisdiction, information relating to the Member if required by any law, regulation, court order or any government or regulatory authority in any jurisdiction.
15. Miscellaneous Provisions
(a) Each of the provisions of these Terms and Conditions is severable and distinct from the others. If at any time any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall not vitiate or affect the legality, validity and enforceability of any of the other provisions hereof.
(b) In the event of any inconsistency between the English and Chinese versions of these Terms and Conditions, the English version of these Terms and Conditions shall prevail.
16. Governing Laws and Jurisdiction
PayDollar, the Services and these Terms and Conditions shall be governed by and construed in accordance with the laws of Hong Kong. The Member hereby irrevocably submits to the non-exclusive jurisdiction of courts of Hong Kong.