WeChat Pay Hong Kong Stored Value and Payment Processing Service Agreement
Please read this service agreement ("Service Agreement") carefully before using our Services. WeChat Pay Hong Kong Limited ("we", "our" and "us"), a company incorporated in Hong Kong, will directly or indirectly through our vendors or agents provide you with the "Services", being stored value and payment processing services that are made available to you on the WeChat Pay HK platform, including (1) storing and maintaining value in your WeChat Pay HK account (“WeChat Pay HK Account”);(2) paying for goods and services via the WeChat Pay HK platform utilizing the balance in your WeChat Pay HK Account, bank account or credit card account linked to your WeChat Pay HK Account, or other stored value maintained in your WeChat Pay HK Account ((1) and (2) collectively referred to as Payment Instrument(s)"); (3) making transfers between designated Payment Instruments, your WeChat Pay HK Account and other users’ WeChat Pay HK Account (under each circumstances, the person initiating the transfer is a "sender" and the person receiving the transfer is a "recipient", where applicable) by using the peer-to-peer transfer function ("P2P Transfers"); and/or any other services to be provided by us to you from time to time. We may use other third parties to provide the Services to you, so any reference to us "providing" the Services shall be deemed to mean "providing or procuring the provision of" the Services. By taking any step to register for and/or use all or any portion of the Services, you accept and agree to be bound by all the terms and conditions of this Service Agreement. If you do not agree to any terms and conditions of this Service Agreement, you must not use the Services.
1. THIS SERVICE AGREEMENT AND OTHER AGREEMENTS WITH TENCENT AFFILIATES
1.1 Your use of the Services is subject to:
(A) the terms of this Service Agreement, as well as any other terms of service and policies applicable to your use of the Services (as notified to you from time to time);
2. YOUR INFORMATION
2.2 We may also use third party providers to perform the Services for us. In some cases, those third parties may collect personal data directly from you, for example your card or other Payment Information and the data involved in any payment transaction you make on the WeChat Pay HK platform.
2.3 Where third parties collect information directly from you, they may in some cases do so in accordance with their own privacy policies and terms and conditions. This will be made clear to you when you provide your information. We are not responsible for these privacy policies or terms and conditions so please make sure you read these carefully before agreeing to them. In these cases, we will have no liability to you in respect of any loss or damage you suffer related to your provision of, or the third party’s use of, your personal data.
2.4 You hereby give your consent for us to transfer any of your personal data that we hold to any of our third parties for the purpose of providing the Services to you.
3. LICENCE AND ACCESS
3.1 Provided that you comply with this Service Agreement and pay us any applicable fees, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, royalty-free and revocable licence to access and make personal and non-commercial use of the Services. This licence is limited and does not include or extend to any resale or commercial use of the Services or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Services or its contents; any downloading or copying of account information for the benefit of any person; or any use of the Services in conjunction with any data mining tools, robots, or similar data gathering and extraction tools.
3.2 All rights not expressly granted to you in this Service Agreement are reserved and retained by us, our Affiliates or our licensors, suppliers, publishers, rights holders, or other content providers as applicable. The Services, or any part of the Services, may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose. Your use of any intellectual property rights belonging to us or our Affiliates, licensors, suppliers, publishers, rights holders or content providers is subject to the WeChat Terms of Service.
3.3 Any goodwill accruing out of the use of our and our Affiliates' trademarks, trade and business names and service marks under this Service Agreement will vest in us and our Affiliates, as the case may be.
3.4 We reserve the right to refuse to provide the Services to anyone for any reason, in our sole and absolute discretion without being obliged to provide you with any reason or notification.
4. YOUR OBLIGATIONS AND USE OF THE SERVICES
4.2 You represent and warrant that:
(A) your use of the Services will be in compliance with all applicable laws and that you are legally capable of entering into this Service Agreement and undertake to be bound by it;
(B) you have a valid bank account with a third party bank;
(C) you have a valid credit or debit card; and
(D) any information that you are required to provide by us will be true, accurate, valid and complete information for purposes of using the Services.
4.3 You must provide us, and any Authorised Third Party, with true and accurate information as may be requested or required by us from time to time for the purpose of opening a WeChat Pay HK Account ("Account Information") and for the purpose of using the Services ("Payment Information"). You must keep your Account Information and Payment Information accurate and up-to-date. You must not impersonate any person or use any name you are not authorised under any applicable law or otherwise to use. You must notify us of any changes to your Account Information and Payment Information immediately. You can access and update any details, information or particulars you have provided to us via the WeChat Pay HK platform on your WeChat Pay HK Account.
4.4 You authorise us, and any Authorised Third Party, to use any information collected by us in connection with your Account Information and Payment Information, regardless of whether such information is provided by you or independently sourced, to verify your information (including any updated information) and to obtain credit reports about you from time to time while you are using the Services. The acceptability of your use of the Services shall be subject at all times to our absolute discretion.
4.5 You are responsible for maintaining the confidentiality of your Account Information and Payment Information and for restricting access to your Account Information and Payment Information, including keeping the passwords and/or PINs of your WeChat Pay HK Account and to your use of the Services safe and secure. You must take all necessary steps to ensure that your Account Information and Payment Information is kept secure and must promptly notify us if you have any reason to believe that your Account Information and/or Payment Information is being, or is likely to be used, in an unauthorised manner. Please note that until you tell us of any actual or suspected unauthorised use, we will not be liable for any unauthorised transactions conducted using your Account Information and/or Payment Information.
4.6 You must not use the Services: (a) in any way that causes, or is likely to cause, the Services, or any access to the Services, to be interrupted, damaged or impaired in any way; or (b) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity.
4.7 You hereby acknowledge and agree that sellers, and not us or our Affiliates, are responsible for accurately listing their items and you are responsible for reading the description of the items listed by sellers and making your own judgments before making a purchase. When making a payment using the Services, you are responsible for checking the intended value of the payment, accuracy of the account details or other details of any sale or purchase or P2P Transfer and you acknowledge and agree that we are entitled to rely on the information provided by you in relation to such transaction or P2P Transfer. Upon receipt of your payment instruction you hereby authorise us, or our Authorised Third Party to charge or debit to or from your account or applicable card the amount stated in your payment instruction.
4.8 All sales and P2P Transfers are binding and you agree to perform all your obligations in relation to such sale or P2P Transfer unless there are exceptional circumstances.
4.9 You shall not use the Services to commit any of the following acts:
(A) any act which undermines our or third party’s reputation, privacy, intellectual property or other rights;
(B) any act which assists in, allegedly results in, or may actually result in, money laundering, terrorist financing or impermissible or illegal arbitrage;
(C) any act which involves your use of an invalid Payment Instrument or the Payment Instrument of another person;
(D) any act which involves your use of an invalid bank account or a bank account of another person;
(E) any act that we or our Authorised Third Party, WeChat International Pte. Ltd., your card issuer, Visa, MasterCard or any other electronic funds transfer payment network reasonably believes to be an abuse of the card system or a violation of card association or network rules or any other rules governing or applicable to such payments network, as may be updated from time to time;
(F) any act that provides you with a cash advance using a credit card (or that helps anyone else do so) or that furthers or promotes any similar behaviour or activity; or
4.10 You must only use the Services for the sale or purchase of goods or services listed on the WeChat Pay HK platform or for any other payment transactions available on the WeChat Pay HK platform, including P2P Transfers.
4.11 You shall comply with all applicable laws relating to money laundering, anti-terrorist financing, client identity identification, information and transaction records, and any additional measures to prevent money laundering and terrorist financing stipulated by us from time to time. You agree to use your best endeavours to cooperate with any competent authority regarding money laundering and/or terrorist financing activities and to provide us with any and all information and supporting documents that we or any competent authority may request in connection with any money laundering and/or terrorist financing investigation or proceedings.
Our Services are provided to you on an "as is", "where is" basis and you understand and accept that the Services are provided based on existing technology as of the date of this Service Agreement. We make no other representations or warranties of any kind, express or implied, including without limitation: (a) that the Services will meet your requirements or will always be available, accessible or timely; (b) that information, content, materials or products included or available through the WeChat Pay HK platform will be as represented by sellers, available for sale at the time of listing, lawful to sell, or that sellers or buyers will perform as promised; (c) any implied warranty arising from course of dealing or usage of trade; (d) any implied obligation, liability, right, claim or remedy under contract; and (e) any obligation, liability, right, claim or remedy in tort whether or not arising from our negligence, in equity, or otherwise. To the fullest extent permissible under applicable laws, we disclaim any and all such warranties.
6. THE SERVICES
6.1 You hereby acknowledge and agree that we may use a third party vendor, partner or agent to perform the Services in accordance with this Service Agreement (an "Authorised Third Party").
6.2 When you use the Services to make payment to a merchant or to a recipient, you have to input your information via the WeChat Pay HK platform or provide it directly to an Authorised Third Party, such information may include (but is not limited to) your WeChat Account information, payment verification, confirmation or authorisation code including password, PIN or SMS authorisation code, credit or debit card number, bank account number, expiry date (for credit cards), name, mobile number and billing address.
6.3 Upon verification of the information you provided, we or our Authorised Third Party, will submit the transaction to the payment system for processing with instructions to charge or debit the corresponding amount to or from your selected Payment Instrument and once received will transfer the amount due to the merchant.
6.4 The Services include the following functions:
(A) Storing value
(i) You may maintain funds in your WeChat Pay HK Account, and such funds will be regarded as the stored value of your WeChat Pay HK Account. Stored value can be accumulated in your WeChat Pay HK Account by means of a transfer of funds from (a) Payment Instruments made available by us to you from time to time; and (b) other users' or merchants' WeChat Pay HK Accounts. We reserve the right to impose limits on your use of your WeChat Pay HK Account from time to time, including but not limited to (i) the amount of monetary value you may load into your WeChat Pay HK Account at any one time; (ii) the aggregate amount of value you may load into your WeChat Pay HK Account during any specified period; and/or (iii) the maximum amount you may be allowed to send to a merchant or recipient.
(B) Making payments
(i) When you: (1) make a payment to a merchant; or (2) transfer any funds to any recipient using the Services, you authorise us and our Authorised Third Party to charge or debit the corresponding amount to or from your selected Payment Instrument and to make that payment or transfer such funds in accordance with all applicable laws and any rules governing the relevant payment system (including any rules and fees imposed by the relevant card schemes).
(ii) When using the Services, the price you will pay for your purchase and received by the merchantor, is a fixed price denominated in the local currency of the jurisdiction in which the merchant is located (the "Purchase Currency").If you choose to pay for purchase from your WeChat Pay HK Account or Hong Kong credit or debit card, you may also be informed of a corresponding monetary value in Hong Kong Dollars ("HKD") of the actual Purchase Currency price for your purchase. We will apply historical, not real-time, currency exchange rates over the Purchase Currency price for the purpose of calculation of its corresponding price in HKD for your purchase. If you choose to pay for purchase from a non-Hong Kong credit or debit card, such credit or debit card you use to pay for your purchase may not be denominated in the Purchase Currency. The amount you pay will be your local currency equivalent (as determined by your credit or debit card issuer) of the actual Purchase Currency value. Your credit or debit card issuer may also charge you other fees (including but not limited to currency conversion and/or transaction fees) for you making a purchase in the Purchase Currency rather than your local currency. You are solely responsible for any charges or fees imposed by your debit or credit card issuer for your use of the Services. We shall not be responsible or liable for any exchange rate used by your debit or credit card issuer or other fees charged by your debit or credit card issuer.
(C) Receiving payments
When you collect or receive payment from: (1) any user of the Services; (2) any person through the Services, whether or not such person is a user of the Services or users of any other financial institution or stored value facility issuer; or (3) when any such user makes a payment to you through the Services via the WeChat Pay HK platform, we, or an Authorised Third Party, will process the payment and credit the transfer to your WeChat Pay HK Account or your selected bank account or credit or debit card.
You may make enquiries regarding your transactions through the WeChat Pay HK platform.
(E) Linking to and de-linking from a credit or debit card
You may link up to 10 valid credit or debit cards. You may use the Services to link to or de-link any such credit or debit card through the WeChat Pay HK platform.
In case you are provided with a refund by a merchant, we, or our Authorised Third Party, may instruct the relevant bank to credit the amount refunded directly to the Payment Instrument which you initially used to make the payment. You also authorise us and our bank or Authorised Third Party to initiate credits, debits or other charges to your relevant Payment Instrument to process subsequent refunds, chargeback or other adjustments related to your payment transaction.
6.5 Upon verification of the information you provided pursuant to Clause 6.2 above, any payment instruction given by you or from your WeChat Pay HK Account during your use of the Services shall be deemed to be given by you and is irrevocable. We or our Authorised Third Party shall be entitled to settle the relevant payment in reliance on your payment instructions.
6.6 You authorise us and our Authorised Third Party to report transactions conducted through the Services using your Payment Information to any competent authorities as required or permitted by applicable law. In addition, you acknowledge and agree that we are entitled to offer cooperation and provide information, including information about or provided by you, to any administrative or judicial authority.
6.7 We and our Authorised Third Party may impose transaction limits on any buyer, seller, sender or recipient relating to the value of any single transaction or the cumulative value of all or a number of transactions. Neither we nor our Authorised Third Party shall be liable if we are unable to process a transaction as a result of such limits.
6.8 We may, during your use of the Services, grant you the right to make payment to a merchant without inputting (1) password or PINs; (2) SMS authorisation code; and/or (3) any other payment verification, confirmation or authorisation code ("Quick Pay"). During your use of Quick Pay, payment will be made to a merchant the moment when the QR code (or bar code) is scanned by such merchant without the necessity to input any payment verification, confirmation or authorisation code. We may impose limits on the number of transactions, value of any single transactions or the cumulative value of any transaction that you are allowed to use Quick Pay at our sole discretion. You hereby acknowledge and agree that the instructions to make any payment to a merchant utilizing Quick Pay from your WeChat Pay HK Account shall be deemed to be given by you and is irrevocable. You shall ensure the safety and security of your WeChat Pay HK Account and your communication device. Please also take note that you will still be required to input payment verification, confirmation or authorisation code for P2P Transfers for safety and security reasons.
6.9 When making a payment using the Services, you are responsible for checking the intended value of the payment, accuracy of the account details or other details of any sale or purchase or P2P Transfer and you acknowledge and agree that we are entitled to rely on the information provided by you in relation to such transaction or P2P Transfer and we shall not be regarded to be in breach of this Agreement as a consequence of any incorrect payment or funds transfer effected by us.
6.10 We may, from time to time, add or allow new functions or features within the Services, and you may be required to agree and consent to additional terms and conditions that may be applicable to your use of such new functions or features. If you do not agree or consent to the relevant terms and conditions, you must not use such new functions or features.
6.11 Transactions conducted by you may be invalidated, reversed or cancelled in our sole and absolute discretion if:
(A)the relevant transaction is not properly and duly authorized;
(B)the relevant transaction is processed in error, by mistake or due to any operational oversight (whether by you, by us or by any third party);
(C)the relevant transaction is conducted violating this Service Agreement and/or any user agreement specifically appliable to any of our Services;
(D)our investigation reveals that the relevant transaction is fraudulent or we reasonably believe that the relevant transaction is related to any fraudulent, illegal or criminal activity;
(E)we reasonable believe that the relevant transaction is high-risk or against applicable laws; and/or
(F)we reasonably believe that the relevant transaction may expose us or any of our Affiliates to action or censure from any government, regulator or law enforcement agency.
If any transaction is invalidated, reversed or cancelled, we will take actions in respect of the relevant funds as we deem necessary or appropriate at our sole discretion (including without limitation returning the funds to your WeChat Pay HK Account), unless we are required to take other actions in accordance with applicable laws, and we shall not be responsible to you for any losses that may cause you.
7. OUR ROLE
7.1 WeChat Pay Hong Kong Limited is a stored value facilities licensee and regulated by the Hong Kong Monetary Authority under the Payment Systems and Stored Value Facilities Ordinance (Cap. 584). Neither we nor any of our third party vendors or agents is a bank or a financial institution for the purpose of the Banking Ordinance (Cap. 155). You acknowledge that processing of payments through the Services requires a reasonable period of time. You further acknowledge and agree that we and our Affiliates are not banks, common carriers or public utilities, and are therefore not liable as such, even though certain of our Authorised Third Parties may be such entities or service providers and we may, through the Services, provide you with access to services from such entities or service providers.
7.2 Please note that we do not directly provide the e-commerce services for sales or purchases conducted on the WeChat Pay HK platform. The e-commerce services are performed by WeChat International Pte. Ltd. pursuant to the WeChat e-Commerce Agreement between you and WeChat International Pte. Ltd.
7.3 You acknowledge and agree that you acquire no rights or title, nor shall you be entitled to receive interest or other earnings on the amounts in your balance that we hold on your behalf. You are also entitled to request for redemption of your funds kept with us at any time, and we reserve the right to charge you handling fee in our sole discretion.
7.4 We will assist in facilitating transactions and P2P Transfers that are carried out on the WeChat Pay HK platform, but we are neither the buyer nor the seller of any goods or services that are the subject of a transaction carried out through the Services. Nor are we the sender or recipient of any funds through a P2P Transfer. Any agreement for the sale of any products or for a P2P Transfer is solely between the buyer, seller, sender or recipient. We are not a party to that agreement and we do not have any responsibility in connection with it nor are we an agent for the seller or sender. The seller shall be solely responsible for the sale of such goods and services and for dealing with any buyer claims or any other issue arising out of or in connection with the agreement between the buyer and the seller.
7.5 We are not responsible for the quality, safety, legality or any other aspect of goods or services you purchase with your WeChat Pay HK Account. If a dispute arises in relation to goods and services, including in relation to disputes regarding the price and/or quality of goods bought and sold via the Services, such dispute shall be resolved by you and the seller only, without any involvement from us. You hereby release us (and our Affiliates, Authorised Third Party, employees, representatives and agents) from claims, demands and damages (actual, direct, consequential or otherwise) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. However, we will have the right, in our sole discretion, to facilitate and assist in such disputes, but we will not in any way be a party or be deemed to be a party to such disputes.
7.6 You irrevocably authorise us and our Authorised Third Party to request that your bank transfer money or charge or debit your credit or debit card and transfer all or part of such disputed funds to a disputing party (subject to a reversion of the transfer depending on the final outcome of the dispute). In such event, you shall indemnify us and our Authorised Third Party for any liabilities arising out of our decision.
8. SERVICE FEE
8.1 Currently, we provide the Services free of charge to you, as a buyer. However, we may decide to charge you a fee, determined in our sole discretion, for your use of the Services. We will announce on the WeChat Pay HK platform if we decide to charge buyers a fee for the Services. If we decide to charge buyers a fee for the Services, you (where you act as a buyer) agree that we shall have the right to deduct the service fee directly from your credit or debit card.
8.2 We may make amendments and changes, in our absolute discretion, to the amount of fees charged and the method of payment in relation to the paid services. We may also impose fees on any existing free-of-charge services. Prior to such changes, we will make an announcement or notification. If you disagree with such amendment or change you must immediately stop using the relevant service.
9. COMPLIANCE WITH LAWS
9.1 You are solely responsible for understanding and complying with all applicable laws and regulations in accordance with the terms of the WeChat Terms of Service in relation to your use of the Services. You must not use the Services in any way which breaches applicable laws.
9.2 If the country or region in which you are located prohibits or restricts all or any part of the Services, you must immediately cease using the Services.
10. OUR LIABILITY
10.1 We will use reasonable care to ensure that the Services will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, we are unable to provide any guarantees in this regard. In addition, you acknowledge and agree that your access to the Services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services.
10.2 To the extent permitted by applicable laws and regulations, our total aggregate liability of us and our Affiliates, for all claims in connection with these terms and conditions or the Services, arising out of any circumstances, shall be limited to the greater of the following amounts: (i) the amount that you have paid to us for your use of the Services in the 6 months immediately preceding the date of the most recent claim; and (ii) USD100.
10.3 To the extent permitted by applicable laws and regulations, in no event will we or our Affiliates be liable or responsible for:
(A) any losses or damages that were caused by any natural disaster or other circumstance beyond our reasonable control;
(B) any computer virus, trojan horse or other damage caused by malware or hackers;
(C) any malfunction or failure of our or your software, system, hardware or connectivity;
(D) losses that were not caused by any breach of this Service Agreement by us;
(F) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure); or
(G) any indirect or consequential losses (regardless of whether or not such indirect or consequential losses are foreseeable to us) or any incidental, punitive, special and consequential damages,
in each case, arising out of or in connection with this Service Agreement, any other agreements which apply to the Services, the Services themselves, your inability to use the Services or in connection with any goods or services purchased or obtained or messages received or transactions paid for through the Services, whether or not we have been advised of the possibility of such damage.
10.4 We will not be liable for any currency depreciation, foreign exchange loss, loss of interest and other risks in relation to the amount kept, collected or paid on your behalf or incurred as a result of using the Services. We are not required to pay to you any interest accrued thereon and you agree that we, or the Authorised Third Party, shall be entitled to retain any such interest.
10.5 To the fullest extent permitted by applicable law, we will not be liable to you for the interruption or disruption of the Services or any possible losses to you in any circumstance which is not reasonably foreseeable by us (which exemption includes liability that would otherwise arise for any direct loss).
10.6 To the fullest extent permitted by applicable law, we will be exempted from any liabilities in relation to the following risks which you may encounter:
(A) information with threatening, defamatory or illegal content including from anonymous sources or someone using a fake or fictitious name;
(B) you being misled or deceived by any person which results in psychological or physical harm and/or economic loss;
(C) your computer system being destroyed, paralysed or unable to operate in normal condition;
(D) credit or debit card fraud; or
(E) identity theft.
10.7 To the fullest extent permitted by applicable law, the relevant transaction or the P2P Transfer may be invalidated and reversed by us if:
(A) our investigation reveals that the relevant transaction or the P2P Transfer was fraudulent;
(B) the relevant transaction or the P2P Transfer was processed in error;
(C) the relevant transaction or the P2P Transfer was unauthorized (i.e. a credit card-funded payment was made by someone with a credit card that did not belong to them); or
(D) you receive any payment pursuant to any transaction or P2P Transfer that violates this Service Agreement or any other agreement between you and us.
10.8 You shall assume all liabilities for the legality, authenticity, completeness and validity of your instructions given in the course of your use of the Services. You undertake that you shall solely assume all risks and liability relating to the actions of us, or our Authorised Third Party, acting in accordance with your instructions or purported instructions. You acknowledge that the relevant transaction information will be recorded by us or our Authorised Third Party in accordance with applicable law.
10.9 You hereby release us (and our Affiliates, employees, representatives and agents) from claims, demands and damages (actual, direct, consequential or otherwise) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute in relation to any purchase or sale of goods or services or P2P Transfer conducted through the WeChat Pay HK platform.
10.10 We do not guarantee the legality, authenticity or quality of goods listed for sale via the Services, nor do we guarantee your ability to complete a transaction with a third party seller. We are not liable to compensate or indemnify you for any loss suffered by you arising from the authenticity or quality of the goods bought by you via the Services. You shall make your own judgment as to whether to purchase any goods or services listed on the WeChat Pay HK platform.
10.11 Where we are holding any money on trust for you, you agree that:
(A) we shall have absolute and uncontrolled discretion as to the exercise or non-exercise of any or all trusts, powers, authorities and discretions vested in us by this Service Agreement or by law;
(B) we shall not be responsible for any losses, liabilities, damages, costs, expenses (including legal fees) as a result of the insolvency or ceasing to trade of any authorized institution with which the money is held;
(C) we are authorised to deduct from the balance of any money held for you any fees, expenses or any other amount we may be entitled to under or in connection with this Service Agreement;
(D) to the fullest extent permitted under applicable law, any statutory duty of care provided for in the Trustee Ordinance (Cap. 29) or any equivalent legislation in any jurisdiction shall not apply to any function, right, power or discretion vested in us by this Service Agreement or by law; and
(E) we may at our sole discretion appoint agents, nominees and custodians in respect of management of your funds kept with us.
10.12 Nothing in this Service Agreement limits or excludes any of the following liabilities, except to the extent that such liabilities may be waived, limited or excluded under applicable laws and regulations:
(A) any liability for death or personal injury caused by either Party’s negligence;
(B) any liability for fraud or fraudulent misrepresentation;
(C) any liability for wilful misconduct; or
(D) any other liability to the extent that such liability cannot be waived, limited or excluded under applicable laws and regulations.
10.13 Nothing in these conditions affect your legal statutory rights (to the extent applicable) to have goods sent or services provided to you by the relevant seller within a reasonable time or to receive a refund from the relevant seller if goods or services ordered cannot be supplied by the relevant seller within a reasonable time.
10.14 To the extent permitted by applicable law, you agree that you (and your organisation, if you are using the Services on behalf of such organisation) will indemnify us, our partners, and our Affiliates from and against any claim, suit, action, demand, damage, debt, loss, cost, expense (including litigation costs and attorneys’ fees) and liability arising from: (i) your use of the Services; or (ii) your breach of the terms and conditions of this Service Agreement.
11. INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICES
11.1 Without limiting the generality of Clause 10.1, we may suspend, interrupt or terminate or impose limitations on your use of the Services in accordance with our business or risk control requirements or those of our Affiliates.
11.2 We are entitled to suspend, interrupt or terminate the Services immediately and without prior notification to you if:
(A) any of your transactions are suspicious, if we in our sole discretion are of the view that your transactions are contrary to any applicable law or if the Services are required to be interrupted, suspended or terminated by the provisions of any applicable laws or by competent authorities;
(B) you provide false or incorrect Payment Information or do not notify WeChat Pay Hong Kong Limited of changes to your Payment Information immediately;
(D) you infringe the lawful rights and interests of third parties;
(E) the Services are required to be interrupted, suspended or terminated for security reasons;
(F) we suspect that the WeChat Pay HK Account that you are using is not legally owned by you; or
(G) you fail to pay us for any services for which a fee is charged.
11.3 For the avoidance of doubt, our exercise of any of our suspension or termination rights under this Service Agreement shall be without any liability to you and without prejudice to any other right or remedy available to us under this Service Agreement or applicable law.
11.4 The provisions of this Service Agreement, which by their nature and content, are intended, expressly or impliedly, to continue to have effect notwithstanding the completion, rescission, termination or expiration of this Service Agreement shall survive and continue to bind you and us.
11.5 Where we suspend or terminate the Services as a result of a breach by you, we may instruct your bank to transfer money or charge or debit your credit card to settle your obligations. In such event, you agree not to hold us or our Affiliates liable for such actions.
11.6 If there is a positive balance in your WeChat Pay HK Account when we suspend or terminate your use of the Services, you may request a transfer of such positive balance to another WeChat Account that is in your name by entering a request at the WeChat Help Centre at help.wechat.com. In submitting such a request, you acknowledge and agree that: (A) you have carefully read and agree to this Service Agreement, (B) we and our Affiliates are not responsible for ensuring the security or control of the other WeChat Pay HK Account and any such transfer is being conducted at your own risk, (C) you agree to hold us and our Affiliates harmless from any losses or liabilities you may incur or suffer relating to such transfer, and (D) all information provided by you in relation to such request is complete, true and accurate.
11.7 If your request under Clause 11.6 is approved, you will be notified through your WeChat Pay HK Account and will have 48 hours to complete the transfer process. If you do not complete the transfer process within 48 hours, you will need to re-submit your transfer request again. We may deny your request if (A) the verified name on both WeChat Pay HK Accounts does not match, (B) the bank account bound to the new WeChat Pay HK Account has not been verified, or (C) the positive balance to be transferred exceeds the permitted threshold for a transfer. If your request is denied, please re-submit your request at the link above, including the reason why your request was denied, and request for alternative arrangements. If you do not have another WeChat Pay HK Account that is in your name you can also request alternative arrangements to be made via the link above. We will review your request and contact you directly regarding any such alternative arrangements.
12. ALTERATIONS TO THE SERVICES OR AMENDMENTS TO THIS SERVICE AGREEMENT
We may make changes to this Service Agreement at any time. You will be subject to the terms and conditions of this Service Agreement in force at the time when you use the Services. If you continue using the Services after any amendment to or change of this Service Agreement, you shall be deemed to have read, understood and agreed to such amendment or change. If you disagree, you must immediately stop using the Services.
13. ELECTRONIC COMMUNICATIONS
We will communicate with you by e-mail or by posting notifications on the WeChat Pay HK platform. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notifications, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, unless applicable laws specifically require a different form of communication.
14.1 If you have any questions, comments, complaints or claims in connection with or arising out of your use of the Services, or if you need to notify us in relation to any matter under this Service Agreement, please contact us via our customer service email: firstname.lastname@example.org. If you wish to make a complaint or raise a dispute to us concerning any transaction during your use of the Services (the "Disputed Transaction"), you must do so within 180 days from the date of the Disputed Transaction, and we will not be responsible for any Disputed Transaction if you fail to raise such with us beyond such period. You shall provide all necessary information and supporting documents requested by us in order to enable us handle and investigate the Disputed Transaction. Upon receipt of all relevant information and supporting documents, we will commence investigation against the Disputed Transaction, and will use reasonable efforts to get back to you with our results as soon as possible. If we decide to offer you compensation and you choose to accept our offer of compensation, it shall be deemed that you agree to release us from all claims arising out of or in connection with the Disputed Transaction, irrespective of whether or not the Disputed Transaction is attributable to us.
15. GOVERNING LAW AND DISPUTE RESOLUTION
Except to the extent where the applicable laws and regulations of your jurisdiction mandate otherwise (for instance, you may have statutory rights in your jurisdiction in relation to bringing or defending claims in a local court (including small claims court (or similar court)), this Service Agreement and any dispute or claim arising out of or in connection with this Service Agreement shall be governed by the law of the Hong Kong Special Administrative Region. Any dispute, controversy or claim (whether in contract, tort or otherwise) arising out of, relating to, or in connection with this Service Agreement, including their existence, validity, interpretation, performance, breach or termination, shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre under the Hong Kong International Arbitration Centre Administered Arbitration Rules in force when the Notice of Arbitration is submitted in accordance with those Rules. The seat of the arbitration shall be Hong Kong. There shall be one arbitrator only. The arbitration proceedings shall be conducted in English.
16.1 The headings of this Service Agreement and of the clauses are inserted for convenience only and shall not be relied upon in interpreting this Service Agreement. Any agreement amending, supplementing, novating or restating this Service Agreement shall form an integral part of this Service Agreement and have the same legal effect.
16.2 If any of the terms and conditions contained in this Service Agreement is deemed to be invalid, void, or for any reason unenforceable, that term or condition will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions.
16.3 You shall not assign your rights or transfer by way of novation your rights and obligations under this Service Agreement without our prior written consent. We may assign our rights under this Service Agreement without your prior consent. We may assign our rights or transfer by way of novation our rights and obligations under this Service Agreement without your prior consent and you hereby consent to any such transfer. You agree that in the event of any assignment or novation by us, including without limitation, in connection with an acquisition of us or our assets, we are authorised to transfer any or all of your data relating to the Services.
16.4 A person who is not a party to this Service Agreement has no right to enforce any terms of this Service Agreement under the Contracts (Rights of Third Parties) Ordinance (Cap. 623).