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mPay - Terms & Conditions

1. About mPay's Servcie - "Service"

- This Service is provided by MobileTech Limited. MobileTech provides the Service for Merchants to settle and manage card payment for online transactions through Internet.

- By using this Service, you acknowledge, accept and agree to be bound by these Terms and Conditions, mPay's Privacy Policy, and the then-current Terms and Conditions.

2. Modifications

mPay has the right to change the scope of the Service anytime, in its sole discretion, including, without limitation:

- changing, expanding or reducing the Service

- adding and/or changing daily upper and lower limits of transaction value for deploying this Service through Internet

3. Merchants may make use of mPay Service for lawful purposes only

For any Card Sales, all prohibited activities and restricted services as listed below are not allowed:

a) involving pornographic, obscene elements

b) involving gambling elements

c) involving any unlawful elements

d) in breach of any third party's intellectual property rights

4. Cardholders may make use of mPay Service for lawful purposes only

In effecting the Card Sales, cardholder represents and warrants that:

a) the transaction is bona fide and is with proper authorization

b) the transaction is performed according to the applicable law(s)

c) no prohibited activities and restricted services involved

5. Disclaimer of Liability

5.1) mPay shall not be in any way liable for loss of data in transit between Cardholder, Merchant's website and the processing system, the Bank or any third party.

5.2) mPay shall not be in any way liable for any consequences due to error or interruption and alike in the processing system, in which due care and efforts are recognized.

5.3) mPay shall not be in any way liable for any consequences due to computer virus, unauthorized access, unauthorized use or loss of service and alike.

5.4) mPay shall not be in any way liable for any damages, losses, fines and compensations due to the non-compliance of the regulations and provisions of the Card Associations/Card Issuing Banks committed by Cardholder and alike.

6. Confidentiality and Intellectual Property Rights

6.1) mPay, Merchants hereby agree not to disclose any Confidential information, data, know-how and alike of either party to any third party unless with written prior consent of the holder of Confidentiality.

6.2) Any of each party's tradename, trademark, logo, patent, copyright and alike are the Intellectual Property rights of each possessing party. Without any written prior consent, either party cannot contravene these rights or use them in any circumstance.

7. Indemnity

Merchant agrees to defend, indemnify and hold harmless mPay and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of Merchant's use of the Service.

8. Other Websites

mPay is not liable for any legal issues concerning the materials shown on other websites from which mPay's Website is linked to, and mPay disclaims any liability whatsoever in any association with other websites which mPay's Website is linked to.

9. Compliance with Local Laws

The production of this Service is compliable with the Laws of the HKSAR, the People's Republic of China; Cardholders in other countries should use this Service in compliance with their local respective and applicable laws.

10. Interpretations

10.1) Headings in this Terms and Conditions of Use are for easy reference without prejudice to the entire meaning of any clause, paragraph or the whole Terms and Conditions.

10.2) All singular persons and terms here imply also to its pluralities and vice versa.

10.3) All masculine here imply also to its feminine counterparts and the neuter.

10.4) Any person here implies also to any individual, firm, corporation and any entity.

11. mPay's Privacy Policy

All the data and information collected in this Service are ALL for transaction and transaction-related purposes only, in alignment with Clause 6.

12. English and Chinese Language Versions

This Terms and Conditions are in both English and Chinese language version; in case of conflict or inconsistency, the English language version shall prevail.

13. Governing Law and Jurisdiction

This Terms and Conditions are construed and governed by the Courts, Laws and Jurisdiction of the HKSAR, the People's Republic of China.

Last updated version: 28 April 2006