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TERMS AND CONDITIONS OF JOLLYPAY SERVICES
Updated as of July, 2018
Welcome to JollyPay. The following terms and conditions regulate the relationship between you and JollyPay. Please read the terms and conditions carefully before browsing, downloading, registering on, accessing, or using the JollyPay relevant website, or associated sites linked to the website, or the JollyPay mobile application or any similar platform run by JollyPay Hong Kong Limited (hereinafter collectively, the JollyPay Platform, the JollyPay, We or Us) on any device and/or before availing any Services offered by JollyPay on the JollyPay Platform which may include Services such as online shopping payment, prepaid recharge, payment for card or ticket, wallet Services, refund, or any such other Services which may be offered or added on the JollyPay Platform and which will henceforth be a JollyPay Services, from time to time (hereinafter individually, and collectively, the JollyPay Services). For the avoidance of doubt, it is clarified that these terms and conditions shall apply to all JollyPay Services, whether offered by JollyPay or its affiliates. The words You and the User refer to the person(s) or entities who open the account on JollyPay and shall include both singular and plural. Reference to masculine shall include the feminine and third gender.
GENERAL TERMS AND CONDITIONS
ARTICLE 1. DEFINITIONS
As used in this Terms and Conditions: (a) the singular includes the plural and vice versa, and words in one gender include all genders; (b) the meaning of “include” is to be interpreted as being nonrestrictive and without limitation; (c) a reference to a “person” includes any individual, firm, body corporate, partnership, association, organization, or government or inter-government body (whether or not having a separate legal personality); (d) a reference to a “party” means You, the User or JollyPay; (e) a reference to a “third party” means any person other than a party; and (f) unless otherwise qualified, a reference to a clause, paragraph, section, or schedule is to a clause, paragraph, section, or schedule of this Terms and Conditions.
In this Terms and Conditions, unless repugnant to the context or meaning thereof, the terms defined herein shall have the meaning as under:
“Agreement” shall mean this terms and conditions including any additional or modified terms and conditions in relation to any JollyPay Services or any future Services that may be offered by JollyPay, from time to time in relation to subject matter of this terms and conditions.
“Entity” shall mean the Entity which operate an active website/mobile application/billing system for the purposes of enabling the User to view Commodities and/or Services and to enter into Transaction for purchase and/or subscription offered by the Entity.
“User” means any person holding a valid payment instrument and who enters into Transaction with an entity and makes payment for the same, through JollyPay platform.
“User Order” shall mean an order placed by the User for purchase of commodities or for availing of Services and shall be specifically designated by a unique Order Number which can be used by the User for obtaining details about the Order including without limitation details of the status of such Order.
“Commodities/Services” means a tangible merchandise, marketed, distributed or sold or service provided by the Entity, and/or it is authorised Vendors to Customer(s).
“Bill” would mean and include but not limited to any bill of online shopping, recharges, or airline tickets, travel ticket, hotel ticket as well as any other amount that may be collected by JollyPay or its affiliates or business partner (in accordance with the nature of its business).
“Bill Payment” shall mean the amount of Bill to be paid by the User.
“Billing Information” means the information provided by an entity either through API and/or in any other manner detailing the Bill, identification of the User/Bill, amount of the User Charge, etc.
“ Charge” means and includes (a) the sale price of the Commodities/ Services purchased or availed by the User plus the shipping charge (if any) and all other taxes including Commodities& Services tax, duties, costs, charges and expenses in respect of the Commodities / Services (hereinafter referred as “Tax”); and/or (b) amount of Bill Payment, that are to be charged to the User’s Valid Payment Instrument and processed and settled through the JollyPay Services.
“Facility Provider(s)” shall mean and connote various Banks, Financial Institutions (“Participating Banks”) and various software providers who have signed with JollyPay from time to time and are in the business of allowing JollyPay to route credit card, debit card, internet banking, prepaid cash card or mobile wallet transactions (with respect to JollyPay Wallet, such Facility Providers shall include JollyPay).
“Payment Instrument” means a Credit Card, Debit Card, Internet Banking Account, Prepaid Cash Card or other Payment Services or JollyPay Wallet used by the User for making a payment through JollyPay platform.
“JollyPay wallet” shall mean a payment instrument issued by JollyPay, which can be used by the User against the value stored on such instrument to purchase commodities and Services. For the avoidance of doubt, the value stored on such instruments represents the value paid for by the User at the time of availing of JollyPay Wallet.
“ Credit Card/Debit Card” means Credit Card / Debit Card provided by the Issuing Banks to the User for User’s Bank account held with such Issuing Banks or any other card offered by the Facility Providers.
“Business Day” shall mean any day for business in Hongkong other than non-working Saturday, Sunday and any days declared by JollyPay as a Holiday.
ARTICLE 2. YOUR ACCEPTANCE
All the JollyPay Services are rendered by JollyPay through the JollyPay Platform under the brand name “JollyPay” (or any derivatives or variations thereof). By browsing, downloading, registering on, accessing, or using the JollyPay Platform for any general purpose or for the specific purpose of availing any JollyPay Services, You agree to be bound by following terms and conditions and by the Services-specific terms and conditions applicable to any each JollyPay Services (hereinafter collectively, the T&Cs). The T&Cs shall also include any additional or modified terms and conditions in relation to the JollyPay Services or any future Services that may be offered by JollyPay on the JollyPay Platform. By browsing, downloading, registering on, accessing, or using (as applicable) the JollyPay Platform or availing any JollyPay Services, you automatically and immediately agree to all the T&Cs. If at any time you do not wish to be bound by the T&Cs or do not accept or agree with any of the T&Cs, You may not browse, register on, access, or use the JollyPay Platform and immediately terminate your availing the JollyPay Services. Accepting or agreeing to the T&Cs will constitute a legal contract between You, an individual or entity user of the JollyPay Platform or beneficiary of the JollyPay Services, and JollyPay. The JollyPay Services shall be used by You subject to your adherence with the T&Cs.
ARTICLE 3. ELIGIBILITY
By accepting the T&Cs or by otherwise using the JollyPay Services on the JollyPay Platform, You represent that You are an individual of at least legal age of majority or entities/non individuals such as corporates, partnership firms etc, and have not been previously suspended or removed by JollyPay, or disqualified for any other reason, from availing the JollyPay Services or using the JollyPay Platform. The JollyPay Services are not available to persons under the legal age of majority or to anyone previously suspended or removed by JollyPay from availing the JollyPay Services or accessing the JollyPay Platform. You represent and warrant that You have the right, authority and capacity to enter into this T&Cs and to abide by all the T&Cs as part of this Agreement. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age or affiliation with any person or entity. In the event of any violation of the T&Cs, JollyPay reserves the right to suspend or permanently prevent You from using the JollyPay Platform or availing JollyPay Services.
ARTICLE 4. JOLLYPAY SERVICES DESCRIPTION
JollyPay is an intermediary and a payment aggregator, facilitator which facilitates the User to pay Transaction Amount through internet payment gateway in respect of the amount of the Bill to be collected from the User through JollyPay Platform. Subject to and in accordance with the terms and conditions contained herein, JollyPay will provide to the User payment solutions including online shopping payment, prepaid recharge, payment for card or ticket, wallet Services, refund, or any such other Services which may be offered or added on the JollyPay Platform so as to enable the User to make the payments of their online transaction. By JollyPay Services, JollyPay enables the User to make its online payments for a Transaction at the Entity’s Website or Mobile Application. While providing the said Services, JollyPay acts as payment platform by Connecting the Entity and its Customer to enter into Transaction and/or enable its Customer to make online payment of Transaction Amount and integrating the Entity’s Website/Mobile Application/Billing System with the payment systems of various Facility Providers for enabling the Customer of the Entity to make the payment of his Transaction Amount. The User, as the Customer of the Entity, shall strictly adhere to the provisions of the T&Cs and the payment procedural guidelines as issues by JollyPay, and any other relevant guidelines as maybe applicable to the User from time to time.
ARTICLE 5. CREATION OF ACCOUNT
For the use of the JollyPay Services, you should have a user account of JollyPay. By registering and creating an account on online shopping platform named MarkaVIP, which is the associated companies of JollyPay and cross-border e-commerce entity owning a global online shopping website and app application (hereinafter referred to as, the MarkaVIP), JollyPay will offer the User of MarkaVIP a JollyPay account with specific log-in access / data, after the User successfully registers on MarkaVIP, without going through a separate JollyPay registration process. There will be a link of the T&Cs which is not provided on MarkaVIP to the User, then the User are expected to accept the T&Cs for creating the JollyPay account.
The User can create an account by registration as a user on the Jollypay platform through the Jollypay site. Each User can set up only one user account. When you create this account, you must provide accurate and up-to-date and complete information about yourself JollyPay need when you apply for your account. When You has validly created your account, and once agreed by JollyPay, you will receive his password by e-mail. The User can, via the “Access to Account” option on the JollyPay platform, follow the stages of configuration of your account. The completion of configuration procedure will lead to the creation of your account. You must change your password the first time it is used, and may then change it as many times as You wish via the administration menu of your JollyPay Account.
The information the User provide to JollyPay when the User apply and/or login his account is intended solely for personal use by the User and therefore always to be kept secret and safe. The User is not entitled to share his account details with third parties or to disclose them otherwise. You is obliged to inform JollyPay immediately on becoming aware of and/or suspecting a case of any unauthorized use, disclosure and/or misuse of your access data or of your User account. Furthermore, the User is obliged not to use the user account of another person.
Registration as a user is only allowed if the User meets the eligibility criteria as set out in these T&Cs. The User agree to accept any responsibility for all activities that occur under his her account or password. JollyPay reserve the right to refuse any account application for any reason at its discretion and has right to disable any user account at any time if in reasonable opinion of JollyPay the User have failed to comply with any of the provisions of the T&Cs.
ARTICLE 6. ELECTRONIC COMMUNICATION
JollyPay may send alerts to the mobile phone number provided by You while you register for the JollyPay Services, or via e-mail or push notifications. The alerts will be received in case of SMS if the mobile phone is in ‘On’ mode to receive the SMS. In case of e-mail, only if the e-mail servers and e-mail IDs are functional, and in case of push notifications, if the user has enabled the receipt of such notifications. If the mobile phone is in ‘Off’ mode or if the e-mail servers or IDs are not functional or if the push-notifications feature has been turned off, then You may not get the alert at all or get delayed messages.
Providing SMS/e-mail/push notifications (hereinafter individually, and collectively, the Alerts) by JollyPay shall be deemed that You shall have received the information sent from JollyPay during the course of, or in relation to, using the JollyPay Platform or availing any JollyPay Services. The Alerts provided by JollyPay is an additional facility provided for your convenience and that it may be susceptible to error, omission and/or inaccuracy. JollyPay shall not be liable for non-availability of Alerts Services in any manner whatsoever and shall not be under any obligation to confirm the authenticity of the person(s) or entities receiving the alert. JollyPay shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever and not be liable for any loss, damages, claim, expense that may be incurred/suffered by You on account of the Alerts facility.
ARTICLE 7. DISCLOSURES& PROTECTION OF PERSONAL DATA
The User shall disclose the information or data for which the User will be using JollyPay Services and shall only avail the said Services for the designated/specified payment category. The User may disclose the sensitive information, if it needs to be disclosed pursuant to any requirement of JollyPay, any order/direction of a Court and/or regulatory authority of competent jurisdiction.
The User agree and acknowledge that JollyPay will be acting as data controllers in respect of personal data pursuant to the T&Cs. JollyPay, at all times, agree to comply with applicable privacy laws in respect of personal data, and shall protect and keep confidential all information related to Credit Card/Debit Card, Banking facilities or any other information the User disclosed to JollyPay. JollyPay agrees to comply with the all applicable laws and rules in connection with its collection of any personal, financial, card or transaction information on the JollyPay.
ARTICLE 8. AUTHENTICATION
As a User on JollyPay, You hereby authorize JollyPay to process the payment of your transaction amount or Bill through JollyPay Platform in respect of the Transactions upon fulfillment of valid criteria as set forth by the Facility Provider(s) from time to time and accordingly transfer such approved transaction amount from the User Valid Payment Instrument to the designated bank account. JollyPay may reject authorization, instructions of payment placed by the User for any reason including but not limited to risk management, suspicion of fraudulent, illegal or doubtful payment, purchasing of prohibited items, use of blacklisted/banned cards etc., in accordance with the JollyPay rules, guidelines, regulations, etc., and any other applicable laws, rules, regulations, guidelines.
ARTICLE 9. RIGHTS AND OBLIGATIONS OF THE USER
The User shall be solely responsible for the accuracy and validity of Information and Data, including account registering information, the Bill information, User Charge (if any) and any other charges and/or other information relating to JollyPay Services availed by User.
The User shall give necessary instructions to JollyPay so as to send technically valid Transaction payment requests to the JollyPay. The User shall provide JollyPay access to the User Information through an payment gateway developed by JollyPay and implemented by JollyPay with the User’s assistance, or any other secure mode of transmitting the data contained in the User Information.
The User shall provide a Support JollyPay and co-operate with and assist the JollyPay in connection with any inquiries for any Payment request that are received regarding the validity or correctness of the data included in the Payment Information in respect of such Users. notwithstanding anything provided herein or elsewhere in the T&Cs, User shall be responsible for any disputes relating to the amounts payment request to them relating to execution of standing instructions issued by them to the JollyPay.
The User agrees to immediately notify JollyPay of any unauthorized use or incorrect information on the User Information or any other breach of security. JollyPay cannot and will not be liable for any loss, damage or other liability arising from the User’s failure to comply with this Clause or from any unauthorized access to or use of the User Information.
The User hereby confirms that JollyPay shall not be responsible for any User complaints regarding inaccuracy or deficiency in Services or incorrect/expired/disputed and the User shall be responsible and shall take reasonable measures as may be required to resolve the same.
The User understands and acknowledges that the date on which the User makes a payment of the User Transaction Amount through JollyPay/JollyPay Platform shall be considered as the date of payment by the User, and the User shall not penalize JollyPay for delay in payment. In the event that the payment due date for a User is Non-business days and the User makes a successful Transaction for payment of Transaction Amount through the JollyPay platform on Non-business days, JollyPay shall not be liable for any delay in payment (if any).
By accessing or using JollyPay Platform or by availing JollyPay Services, You agree not to:
• Breach or violate the T&Cs, or any other T&Cs or policy as may be applicable pursuant to the T&Cs and any applicable laws, rules, regulations;
• provide false, inaccurate or misleading information, infringe JollyPay or any third party’s intellectual property rights, rights of publicity or privacy;
• use the JollyPay Services if You are under the legal age of majority without a parental sponsor or in accordance with applicable law;
• impersonate any individual or entity, falsely claim or misrepresent Your affiliation with any individual or entity, to access the accounts of others without permission; or forge another person’s digital signature, misrepresent the identity, perform any other similar fraudulent activity or otherwise avail JollyPay Services with what we reasonably believe to be potentially fraudulent payment;
• refuse to cooperate in an investigation or provide confirmation of Your identity or any other information provide by You to JollyPay;
• use the JollyPay Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to JollyPay, a third party or You;
• use the facilities and capabilities of the JollyPay Platform to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others;
• send automated request of any kind to the JollyPay Platform without express permission in advance from JollyPay;
• post or transmit any message, data, image or program which is defamatory, libellous or which discloses private or personal matters concerning any person, or pornographic, vulgar or offensive in nature;
• circumvent, disable, remove, damage or otherwise interfere with security-related features of the JollyPay Services and the JollyPay Platform or features that enforce limitations on the use of JollyPay Services; or reverse, decompile, disassemble or otherwise attempt to discover the source code of as regards JollyPay Services or JollyPay Platform or any part thereof;
• modify, adapt, translate or create derivative works based upon the JollyPay Services and the JollyPay Platform or any part thereof or use any robot, spider, other automatic device, or manual process to monitor or copy the JollyPay Platform without prior written permission;
• interfere with or damage operation of the JollyPay Services or any other user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features;
• use the JollyPay Services in a manner that JollyPay or any payment network reasonably believe to be an abuse of the payment system or a violation of payment rules and regulations;
ARTICLE 10. INTELLECTUAL PROPERTY RIGHTS
As the vendor of JollyPay Services, the JollyPay Services was created and developed by JollyPay. JollyPay is the owner and the holder of all the intellectual property rights over each and all its elements, including any literature, manuals, reports, research papers, data, flow charts, drawings, designs, diagrams, tables, software, source code or object code or other information or materials in whatever form and on whatever media stored or held, acquired, created, developed, designed or otherwise prepared by the JollyPay and any related patents, trademarks, logos and Services marks, registered designs, utility models or applications for any of the foregoing. Design rights, copyrights and all or any similar or equivalent rights arising or subsisting in any country in the world shall be owned by JollyPay and all or any part thereof shall belong to JollyPay absolutely.
JollyPay reserves the right to change or amend the JollyPay Services software of system at any time, to provide the User with a new version thereof, and to change the functionalities and characteristics of JollyPay Services. Except as expressly set out in this T&Cs, no assignment of or license under any Intellectual Property Right or Trade Mark or Services Mark, whether registered or not, owned or controlled by JollyPay is granted to the User by this T&Cs. The User shall not, under any circumstances, seek to register any trademark, business name, business processes, inventions, company name, domain name using or incorporating the Intellectual Property of JollyPay.
JollyPay reserve the exclusive right of the sole conduct of the defense to any claim or action in respect of an intellectual property infringement and does not at any time admit liability or otherwise settle or compromise or attempt to settle or compromise the said claim or action except upon the express instructions of JollyPay.
The User acknowledges that the entire documentation of JollyPay, available by download is and shall remain at all times the exclusive property of JollyPay. The documentation is protected by the copyright of JollyPay. It can only be used in the strict framework of the User T&Cs. The transmission, disclosure or copying of this documentation, in whole or in part, as well as the use or disclosure of its content, in whole or in part, or its misuse without the explicit written consent of JollyPay is strictly prohibited.
ARTICLE 11. LICENSE ON INTELLECTUAL PROPERTY RIGHTS
JollyPay grants the User, who accepts the T&Cs, a non-exclusive license to use JollyPay Services, to the extent strictly necessary for enabling the User to create and manage his JollyPay Account according to the selected formula and within the limits and conditions of JollyPay. The license set out in article is personal to the User and cannot be assigned or sub-licensed without the prior written consent of JollyPay. The license does not transfer any property whatsoever, which rights shall remain owned entirely by JollyPay. The license provides no right to the source code or decompiled software. The JollyPay Services shall be used by the User only, to the exclusion of any other person and excluding the sale, rental, sub-contracting, leasing, etc. of said JollyPay Services.
ARTICLE 12. CONFIDENTIALITY
Confidential Information means any information, regardless of form, that: (a) is proprietary to or maintained in confidence by a party, (b) is not generally known to the public and either derives economic value, actual or potential, from not being generally known or has character such that such party has a legitimate interest in maintaining its secrecy, and (c) is disclosed by such party (the “Discloser”), or by a third party on the Discloser’s behalf, to the other party (the “Recipient”) or obtained by the Recipient (whether before, on, or after the Effective Date of this Agreement), directly or indirectly, through any means of communication (whether electronic, written, oral, aural or visual) or by observation.
Each party remains the owner of all data made available to the other party. Each party undertakes to take all necessary steps to protect the confidential nature of all confidential data under the T&Cs, agreeing, in particular, to only use the confidential information of the other for the purpose of fulfilling its obligations set out in the T&Cs and not for any other purpose whatsoever. Each party undertakes to refrain from making any such confidential information available to any Third Party without the prior written consent of the other party. The obligation of confidentiality as described in article shall remain in effect throughout the entire lifetime of the T&Cs.
Jollypay will not be under any obligation to keep confidential any Confidential Information that it can demonstrate that the Confidential Information:
• is in the public domain other than as a result of being disclosed in breach of this Agreement;
• was received from a source not connected with the User at a time when that source, so far as JollyPay was reasonably aware, was not under any obligation of confidence in respect of the Confidential Information; or
• was known to JollyPay before the date of the T&Cs and JollyPay was not under any obligation of confidence in respect of the Confidential Information at that time.
ARTICLE 13. INDEMNIFICATION
Either Party hereby undertakes and agrees to indemnify and hold harmless the other Party, from and against all actions, proceedings, claims, liabilities (including statutory liability), penalties, demands and costs, awards, damages, losses and/or expenses however arising as a result of: (i)Any breach of any applicable laws, and, rules and regulations (ii) misuse of the JollyPay Platform or JollyPay Services, (iii) any breach or non-performance by the Party of any of the provisions of theT&Cs and/or any representation and warranties, breach of confidentiality, Intellectual property rights, inaccuracy of information, chargeback and refunds, any fines, penalties or interest imposed directly or indirectly on the other Party on account of the Party under the T&Cs; any act, neglect or default of either Party’s agents, employees; (iii)any claim by any other party against either Party, arising from sub-clauses above.
The User shall also fully indemnify and hold harmless JollyPay, the Facility Providers and/ or the Participating Banks against any loss, costs, expenses, demands or liability direct arising out of a claim by a third party that the User infringes any intellectual or industrial property rights of that third party.
ARTICLE 14. LIMITATIONS OF LIABILITY AND DAMAGES
IN NO EVENT WILL THE TOTAL LIABILITY OF JOLLYPAY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE JOLLYPAY PLATFORM OR YOUR INTERACTION WITH OTHER JOLLYPAY PLATFORM USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE JOLLYPAY PLATFORM DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL JOLLYPAY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS AND CONTENT ON THE JOLLYPAY PLATFORM OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH JOLLYPAY, EVEN IF JOLLYPAY OR A JOLLYPAY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ARTICLE 15. DISCLAIMER; NO WARRANTIES
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, JOLLYPAY AND ITS THIRD-PARTY PARTNERS DISCLAIM ALL WARRANTIES OR GUARANTEES – WHETHER STATUTORY, EXPRESS OR IMPLIED – INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JOLLYPAY OR THROUGH THE JOLLYPAY SERVICES OR THE JOLLYPAY PLATFORM WILL CREATE ANY WARRANTY OR GUARANTEE OTHER THAN THOSE EXPRESSLY STATED HEREIN.
FOR THE PURPOSES OF THIS DISCLAIMER, YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION, THE TERM “JOLLYPAY” INCLUDES AFFILIATES OF JOLLYPAY, ITS OFFICERS, DIRECTORS, EMPLOYEES. YOU ACKNOWLEDGE THAT JOLLYPAY IS AN INTERMEDIARY AND A PAYMENT AGGREGATOR AND IS NOT LIABLE FOR ANY THIRD PARTY OBLIGATIONS. YOU EXPRESSLY AGREE THAT USE OF THE JOLLYPAY SERVICES ON THE JOLLYPAY PLATFORM IS AT YOUR SOLE RISK. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. JOLLYPAY DOES NOT WARRANT THAT THE JOLLYPAY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE JOLLYPAY SERVICES AND THE JOLLYPAY PLATFORM AND ANY DATA, INFORMATION, THIRD PARTY SOFTWARE, REFERENCE SITES, SERVICES, OR SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICES AND THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE,” “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. JOLLYPAY, ITS LICENSORS, AND ITS PARTNERS DO NOT WARRANT THAT THE DATA, JOLLYPAY SOFTWARE, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE JOLLYPAY SERVICES/JOLLYPAY PLATFORM OR ANY REFERENCE WEBSITES/PLATFORMS/APPS/SERVICES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. JOLLYPAY, ITS LICENSORS, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE JOLLYPAY SERVICES/JOLLYPAY PLATFORM OR ANY REFERENCE WEBSITES/PLATFORMS/APPS/SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE JOLLYPAY SERVICES/JOLLYPAY PLATFORM AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING BUT NOT LIMITED TO YOUR BILL PAYMENT AMOUNT, COMPUTER SYSTEM AND MOBILE DEVICE OR ANY OTHER EQUIPMENT OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF JOLLYPAY SERVICES /JOLLYPAY PLATFORM.) JOLLYPAY DO NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTY ON JOLLYPAY’S BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. THIS ARTICLE SHALL SURVIVE TERMINATION OF THIS T&CS.
ARTICLE 16. ENDING THE T&CS
The Terms will continue to apply until terminated by either you or JollyPay as follows. You may end your legal T&Cs with JollyPay at any time for any reason by deactivating your accounts and discontinuing your use of the Services. We may suspend or terminate your User accounts or cease providing You with all or part of the JollyPay Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated the T&Cs, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Services the next time you attempt to access your account.
ARTICLE 17. FORCE MAJEURE
JollyPay shall not be held responsible for delays or failings in the fulfillment of the T&Cs if such delays or failings arise from facts or circumstances reasonably perceived to be above and beyond the control of either party, being unpredictable and inevitable, e.g. lightning strike, fire, changed legal provisions or regulations provided by authorities, intervention by authorities, strike, communication or transport disruptions, changes in exchange rates or natural disasters. The User agree that the viruses or other defects resulting from unauthorized access to software or non-authorized access to JollyPay Platform or any type of hacking, including in particular DOS attacks, shall be considered a case of force majeure. JollyPay shall be released from its liabilities until the circumstance given rise to its inability to fulfill its obligations no longer exists. If JollyPay is prevented to fulfill its obligation for a longer period than 30 days due to any such circumstance mentioned above, the Parties shall have the right, without being liable to pay compensation, to terminate the T&Cs with immediate effect.
ARTICLE 18. MODIFICATION OF THIS AGREEMENT
JollyPay reserves the right to change, modify, add, or remove portions of the T&Cs (each, a change and collectively, changes) at any time by posting notification on the JollyPay Platform or otherwise communicating the notification to You. The changes will become effective, and shall be deemed accepted by You, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to Your use of the JollyPay Platform, availing the JollyPay Services or for payment transactions initiated after the posting date. Your continued use of the JollyPay Platform following the posting of changes will mean that You accept and agree to the changes.
If You do not agree with any such change, Your sole and exclusive remedy is to terminate Your use of the JollyPay Services /JollyPay Platform. For certain changes, JollyPay may be required under applicable law to give You advance notice, and JollyPay will comply with such requirements.
ARTICLE 19. NOTICE
JollyPay may provide You with notices and communications by e-mail, SMS, push notifications, regular mail or postings on the JollyPay Platform or by any other reasonable means. Except as otherwise set forth herein, Your notice to JollyPay must be sent by courier or registered mail to JollyPay or JollyPay affiliates, partner.
ARTICLE 20. APPLICABLE LAW AND DISPUTE RESOLUTION
The validity, construction and performance of the T&Cs shall be governed and construed by the laws of Hongkong without regard to or application of its conflict of law provisions or your state or country of residence. If any dispute, controversy or claim arises under this T&Cs or in relation to any JollyPay Services or the JollyPay Platform, including any question regarding the existence, validity or termination of these T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, JollyPay may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Hongkong arbitration ordinance. Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be Hongkong and the language of this arbitration shall be English. Either You or JollyPay may seek any interim or preliminary relief from a court of competent jurisdiction in Hongkong necessary to protect the rights or the property belonging to You or JollyPay (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor JollyPay may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be undertaken by the losing party. This paragraph shall survive termination of the T&Cs.
ARTICLE 21. HEADINGS
Headings used in the T&Cs are provided for convenience only and shall not be used to define, limit or describe the scope of the T&Cs.
ARTICLE 22. MISCELLANEOUS
If any provision contained in this T&Cs is determined to be invalid, illegal or unenforceable in any respect under any applicable law, then such provision will be severed and replaced with a new provision that most closely reflects the original intention of JollyPay, and the remaining provisions of this T&Cs will remain in full force and effect.
The T&Cs shall not operate so as to create a partnership or joint venture of any kind between the JollyPay and the User. Nothing contained in the T&Cs shall be so construed as to constitute either party to be the agent of the other. Neither party shall have any authority to make any commitments on the other party’s behalf.
The waiver of any breach or default of this T&Cs will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party.
These Terms and any rights granted herein, may not be transferred or assigned by the without JollyPay' s prior written consent which may be withheld in JollyPay' s sole discretion., but these terms and any rights granted hereunder, may be assigned by JollyPay without any restriction.
SPECIAL TERMS AND CONDITIONS
JollyPay facilitates the payment of online transaction for the User with respect to the commodities or Services offered by the Entity or JollyPay business partner. The Payment may be in the reference Bill of online shopping, prepaid recharges, as well as bill of card, ticket and any other amount, etc. The stipulations set out in the Special Terms and Conditions are in relation to such Bill Payments and applicable to and binding on the User in conjunction with the General Terms and Conditions already accepted by the User. The terms ‘T&Cs’ mentioned in the Agreement includes the General Terms and Conditions as well as the Special Terms and Conditions in relation to JollyPay Services or JollyPay Platform.
ARTICLE 1. JOLLYPAY SERVICES CHARGES
JollyPay offers a convenient and secure way for the User to make payments towards identified biller(s) through whom the User may purchase certain commodities or Services. Unless otherwise stipulated, the User will not need to pay any JollyPay any Services fees associated with accessing and using the JollyPay Services. Specific details related to the amount of Bill Payment would be available with the Entity or JollyPay business partner on their channel/portal/website. However, there may be certain fees which JollyPay may charge and the User may pay for JollyPay special Services for availing specific Services as it may provide, e.g. JollyPay Wallet. The JollyPay specific Services charges shall be effective from the time when they are posted on the JollyPay Platform through which the User are availing the specific Services. The User are bound by any addition or revision of the JollyPay specific Services and should therefore visit the JollyPay in order to review the applicable fee (if any) which may vary from time to time. JollyPay will convert Bill Payment in a different currency to the applicable currency using the exchange rate which is the selling rate of the settlement date established by participating bank or determined by JollyPay to the extent permitted by law.
If the User is legally obligated to pay charges for availing the JollyPay Services under any applicable tax laws, and regulations and/or circulars issued by the relevant tax authorities, JollyPay should not be liable to deduct any withholding of payment received in accordance with the T&Cs and applicable laws, regulations and/or circulars of any tax authorities. In the event JollyPay receives notification from tax authorities, or in accordance with revisions to the applicable tax laws, or regulations and/or circulars issued by the Tax Authority, requiring deduction of tax, the User agree that upon JollyPay receiving notification of requirement to withhold tax, JollyPay shall deduct such withholding tax amount. JollyPay may provide a withholding tax statement to the User indicating the amount of withholding tax paid on behalf of the User to the Tax Authority.
ARTICLE 2. ONLINE SHOPPING PAYMENT
JollyPay facilitates the payment of online shopping for the User with respect to certain commodities or Services offered by the Entity or JollyPay business partner to enable their transaction bills to be paid through the JollyPay Platform. The User can see the relevant web pages on the JollyPay Platform for more information on the Bill Payment Services. From time to time, JollyPay, at its sole discretion, can decide to accept or refuse the payment instructions in respect of the online transaction to an Entity. The requirement upon which a payment can be made from the User to a biller can differ depending on whether a card or a bank account is used to issue the payment instruction. Further, depending on the specific Facilities Provider allowed by a JollyPay, the payment can be made either by issuing a payment instruction for an online debit/charge to a payment account or by scheduling an automated debit to a payment account.
ARTICLE 3. RECHARGE
The terms and conditions set out in this Article are applicable to prepaid recharge products available on the JollyPay Platform or JollyPay business partner including but not limited to recharges in relation to mobile, game card as well as to other prepaid recharge products that may be offered on the JollyPay Platform or its business partner. JollyPay may be a reseller of digital products, however JollyPay does not provide card operator Services and is only a reseller of prepaid recharge Services which are ultimately provided by a third party Services providers or other distributors or aggregators. JollyPay shall not warrant, insure, or guarantee that card Services to be provided by the other third party. Any disputes regarding the quality, quantity provided, cost, expiration, or other terms of the prepaid recharge purchased must be handled directly between You (or the recipient of the recharge) and the other third party. JollyPay shall not be responsible for any failure, breach on the part of any of its recharge partners in effecting a recharge.
ARTICLE 4 . CARD OR TICKET PAYMENT
JollyPay is an intermediary and provide the User the facility of Card or Ticket payment between the User and a vendor /merchant like the Card or Tickets Services provider. For the purposes of this Article a vendor / merchant shall mean a card owner or the person or entiry owning inventory of tickets that are being sold on its Platform. JollyPay is not, at any point of time, during any transaction between the User and the merchant, owner of any of the card or ticket products/Services provided by merchant and/or a ticket booking agent or provider. You agree and acknowledge that the actual contract for sale is directly between You and the Merchant/vendor. If a link to the Merchant/vendor specific terms and conditions is not provided here then You are expected to find them on their websites or procure them from the vendors/Merchants directly through any other means. JollyPay is not responsible for your failure to access such terms and conditions of Merchant/vendor or for any loss resulting from such terms and conditions or lack thereof. JollyPay shall not be liable for any fault in the content/booking/listing Services provided by the Merchant/vendor. JollyPay is also not responsible for setting or controlling the prices applicable to such card, ticket through the JollyPay Platform. JollyPay has no control over the existence, quality, accuracy, safety or legality of items, content or listings of the Merchant/vendor.
ARTICLE 5. JOLLYPAY WALLET
JollyPay offers digital wallet services which is a software-based system for making payment of e-commerce transactions. By using the digital wallet, the payment of online purchase, authentication of the User can be done through the User’s computers or smartphones. By linking bank accounts of the Users or adding a bank card with JollyPay digital wallet, the User can use the wallet to make contactless payments through computer or smartphone instead of needing to carry a physical wallet with the User. Further, the User can use the digital wallet to make online shopping checkout a quicker and easier experience. A digital wallet is usually accessed by way of a username and a password, saving the User the effort of filling in a payment form with its personal and card details every time the User want to make a payment. The User may recharge its JollyPay Wallet through any of the permitted methods. The list of recharge outlets and methods of recharging JollyPay Wallet are subject to change at the discretion of JollyPay without prior intimation to the User. JollyPay may modify, terminate and/or suspend JollyPay Wallet to the User anytime with or without prior notice, due to any changes in internal policies, rules, regulations and laws set by relevant authorities/regulators.
ARTICLE 6. REFUND
All refund of Bill Payment on the JollyPay Platform are final with the Entity or other JollyPay business partners. If a Bill amount has been charged to the User, or the transaction performed by the User have been completed, the User then demand a refund, it shall inform the Entity or other JollyPay business partners. The User will get refund if the User have gone through refund route from the date of approval of the Entity or JollyPay business partners through JollyPay Platform. The User are responsible for any purchase of commodities or Services and all charges that result from refund. Please include in your refund application the Bill details including order number, the mobile number (or DTH account number or data card or toll-tag information), operator number/ name, recharge value, amount paid and transaction date etc. We may take longer to process your refund if we select it for a more detailed review. If you sent the payment using a Debit or Credit card, the refund will credit to the card used. If you sent your payment using a bank account, it will be refunded to your bank account or your JollyPay account.