TERMS OF USE
Trillions Hong Kong Limited – TERMS OF USE
This Agreement is a contract between you and Trillions Hong Kong Limited and applies to
your use of the Services (as defined below). Where you are undertaking a transaction which
involves Trillions Hong Kong Limited, the terms below shall similarly apply for the use of
the Services. In such an instance, references to “THK” shall be replaced with Trillions Hong
Kong Limited in these terms.
By registering for the Services (including downloading, installation or access to our website
or App), you must read, agree with and accept all of the terms and conditions contained in
this Agreement. This Agreement is provided to you and concluded in English. You agree that
any use by you of the Services shall constitute your acceptance of this Agreement and we
recommend that you store or print-off a copy of this Agreement (including all policies) for
your records.
Please read this Agreement carefully and make sure that you understand it fully before using
the Services. Please note that if you do not accept this Agreement, you will not be able to use
the Services.
Trillions Hong Kong Limited (BR: 75763158) is a company incorporated in Hong Kong,
whose registered address is Shop S38 2/F Commercial Podium sincere House 83 Argyle
Street Mong Kok Kowloon.
1. Definitions
1.1. In these Terms, the following definitions shall apply unless the context does not permit
such application:
“AML/CFT” shall have the meaning ascribed to it in Clause 3.1.
“App” means the mobile application that is owned, controlled and provided by THK for
Registered Customers to perform Transactions.
“Applicable Laws” means all laws, regulations, policies, guidelines, codes of practice,
instructions or other instruments having the force of law in whatsoever form that any
competent regulatory, governmental or judicial authorities may issue from time to time
relating to the Services or otherwise.
“Application Information” has the meaning as set out in Clause 3.1.
“Beneficiary” means an individual or corporate entity who is nominated by a Registered
Customer to receive funds via the Services.
“Business Day” means a day other than Saturdays, Sundays or public holidays on which
banks in the respective markets for which a transaction is being undertaken are open for
business.
“Communication” shall have the meaning as set out in Clause 22.1.
“Converted Amount” means in respect of a Transaction, the amount in the specified foreign
currency that a Beneficiary would receive, after converting the Transaction Amount based on
the applicable Exchange Rate for the time being, subject to the relevant terms of any third
party service which may apply to such transaction.
“Designated Bank Account” shall have the meaning ascribed to it in Clause 4.2.
“Exchange Rate” means the rate at which the transaction amount is converted into the
Converted Amount.
“Licensed Partners” shall have the meaning as set out in Clause 2.3.
“Operating Hours” shall have the meaning as set out in Clause 2.2.
“Platform” means the App as downloaded from the Apple AppStore or Google Play Store.
“Registered Customer” means an individual or corporate entity whose registration
application for the use of the Services has been accepted by THK and whom the provision of
the Services has not been suspended or terminated for any reason whatsoever.
“Services” means the services provided through the App to Registered Customers to transfer
funds to Beneficiaries in the manner and subject to these Terms.
“Territory” means the list of countries designated as a participant country by THK from time
to time.
“Transaction” means a transaction using the App to transfer funds to a Beneficiary as per a
Registered Customer’s request.
“Transaction Amount” means the amount in Hong Kong Dollars specified by a Registered
Customer to be transfer to the Beneficiary’s when making a Transaction Request prior to any
conversion of such amount.
“Transaction Request” shall have the meaning as set out in Clause 4.1.
“Website” means the website https://shoottrillion.com.
1.2 Except to the extent that the context requires otherwise:
1. the headings in these Terms do not have any legal effect nor shall they affect the
construction of these Terms in any way.
2. Reference to any gender include any other gender, the plural shall include the singular and bodies corporate shall include unincorporated bodies and (in each case) vice versa.
3. The words “include” and “including” shall not be construed as having any limiting effect.
2. Reference to any gender include any other gender, the plural shall include the singular and bodies corporate shall include unincorporated bodies and (in each case) vice versa.
3. The words “include” and “including” shall not be construed as having any limiting effect.
2. Platform and Service Provision
2.1. The Platform consists of a mobile-based application that enables Registered Customers
to transfer funds to Beneficiaries.
2.2. The Platform will generally be available 24 hours a day, 7 days a week from Monday to
Sunday, or such time as may be published by THK (the “Operating Hours”).
Notwithstanding the foregoing, the availability of the Platform and the Operating Hours may
be affected during any scheduled maintenance or as otherwise determined and notified by
THK.
2.3 THK utilises the services of third party licensed partners (“Licensed Partners”) in
providing the Services to Registered Customers. The timeframe for the completion of a
transaction payout to a Beneficiary is solely determined by THK’s Licensed Partners, subject
to Applicable Laws.
3. Eligibility and Account Opening
3.1. The Platform and the Services are only available to you if you are a Registered
Customer. To become a Registered Customer, you must provide all information required
(including but not limited to identity verification documents, corporate documents and/or
other information or documents which THK and its Licensed Partners request for) (the
“Application Information”) and agree to these Terms. THK will take reasonable endeavours
to protect the confidentiality of the Application Information and will only use the Application
Information for the purposes of processing your registration application, performing credit
risk, know-your-customer, anti-money laundering/countering the financing of terrorism
(“AML/CFT”), financial and other relevant risk assessments and checks on you and for
providing you with the Services. THK reserves the right to reject or accept any application
for Registered Customer status at its sole discretion and THK shall not be obliged to disclose
its reasons for any decision to reject an application.
3.2. When your Registered Customer registration has been verified and approved, you will
become a Registered Customer. All Registered Customers shall fully cooperate with THK
(including providing all information as THK may request from time to time) to: (a) facilitate
its on-boarding process with respect to the Registered Customer; (b) enable THK to comply
with all applicable laws, regulations and other requirements (including but not limited to
‘know-your-client’, anti-money laundering and countering the financing of terrorism laws,
regulations and requirements); (c) and enable THK to comply with requests by any regulator
and/or its obligations under these Terms, and/or any term and conditions applicable to the
Platform and/or the Services.
3.3. As a Registered Customer, your account is not transferable and may not be assigned to
any third party. You are responsible for maintaining the confidentiality of your user account
ID and password, and are fully responsible for all activities that occur under your account
whether or not actually or expressly authorised and/or used by you. You agree to immediately
notify THK if any unauthorised third party has access to your user account ID or password or
if there is any unauthorised use of your account or any breach of security known to you or if
you have lost your user account ID and password.
3.4. You agree to: (a) provide true, accurate, current and complete information about yourself
and/or your company as described in the registration form(s) on the Platform and (b) maintain
and promptly update such registration data to keep it accurate, current and complete. If you
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provide any information that is untrue, inaccurate, not current or incomplete, or if THK
suspects that such information is untrue, inaccurate, not current or incomplete, THK reserves
the right to suspend or terminate your account and refuse any and all current or future use of
the Platform (or any part thereof).
4. Transaction
4.1. Each request from a Registered Customer for the performance of a Transaction
(“Transaction Request”) shall be made through the App.
4.2. The Registered Customer must make full payment of the Transaction Amount and all
applicable prevailing fees (as may be imposed, stipulated, or modified from time to time by
THK in its absolute discretion, and communicated to the Registered Customer in such form
and manner as may be prescribed by THK), through the Platform to the bank account
designated by THK for this purpose (which may be a bank account owned by a Licensed
Partner) (“Designated Bank Account”) before any Transaction Request will be processed.
Upon successful payment and once the Transaction Request is accepted and has been
processed, a receipt will be issued to the Registered Customer either as an e-receipt through
the Platform or through email. This receipt will include details, including but not limited to,
the Transaction Amount, Exchange Rate and Converted Amount. Such receipt is not proof of
a successful Transaction and shall not be treated as one.
4.3. The conversion of the Transaction Amount into the Converted Amount shall be
performed at the prevailing Exchange Rate at the time the Transaction Request was made by
the Registered Customer.
4.4. The Registered Customer may make enquiries in relation to THK’s prevailing Exchange
Rates through the Platform. THK does not make any representation or warranty as to the
Registered Customer that the exchange rate quoted will be the best available rate and/or that
the exchange rate quoted will in fact be the Exchange Rate applied to the Registered
Customer’s Transaction Request. Upon making the Transaction Request, the Registered
Customer shall be deemed to have accepted the prevailing Exchange Rate to be applied to the
Transaction Request and THK will not entertain any dispute or requests for refunds arising
from the Exchange Rate.
4.5. The Registered Customer understands that in order for any Beneficiary to successfully
receive funds via the Services, the Beneficiary must also be eligible to use relevant third party
services in the relevant Territory, such as banking services. It is the Registered Customer’s
sole responsibility to ensure that the intended Beneficiary is eligible to do so, and comply
with all applicable terms relating to such third party services.
4.6. The Registered Customer agrees that the continued provision of the Services by THK to
the Registered Customer is subject to the following conditions:
2. The Registered Customer shall not use the Services on behalf of a third party or for any purpose or to any Beneficiary that is prohibited by any Applicable Laws;
3. The Registered Customer shall provide complete and accurate information relating to the Registered Customer himself and the Beneficiaries at the time of each Transaction Request, which includes providing valid documentation issued by a competent governmental authority in order to verify the Registered Customer’s or any of the Beneficiaries’ identity.
4. The Registered Customer shall pass all checks and verifications that may be conducted from time to time, including such checks for AML/CFT and fraud;
5. Each Beneficiary shall pass all checks and verifications that may be conducted from time to time, including such checks for AML/CFT and fraud; 6. Each Beneficiary shall comply with any terms and conditions imposed by any relevant third party (including banking service providers) for the use of such relevant third party service;
7. The Registered Customer’s full payment of all applicable fees; and
8. The Registered Customer may be notified from time to time on the fulfilment of any other requirements in relation to the Services.
2. The Registered Customer shall not use the Services on behalf of a third party or for any purpose or to any Beneficiary that is prohibited by any Applicable Laws;
3. The Registered Customer shall provide complete and accurate information relating to the Registered Customer himself and the Beneficiaries at the time of each Transaction Request, which includes providing valid documentation issued by a competent governmental authority in order to verify the Registered Customer’s or any of the Beneficiaries’ identity.
4. The Registered Customer shall pass all checks and verifications that may be conducted from time to time, including such checks for AML/CFT and fraud;
5. Each Beneficiary shall pass all checks and verifications that may be conducted from time to time, including such checks for AML/CFT and fraud; 6. Each Beneficiary shall comply with any terms and conditions imposed by any relevant third party (including banking service providers) for the use of such relevant third party service;
7. The Registered Customer’s full payment of all applicable fees; and
8. The Registered Customer may be notified from time to time on the fulfilment of any other requirements in relation to the Services.
4.7. Without prejudice to any other rights of THK and its Licensed Partners under these
Terms, in the event any identification document submitted by the Registered Customer is
expired or invalid, the use of the Services may be suspended. Further, may at its absolute
discretion refuse to perform and/or complete any Transaction (including where the Registered
Customer fails to fulfil any of the conditions set out in this Clause 4, in which case THK shall
cause, subject to Applicable Laws, the Transaction Amount to be refunded to the Registered
Customer.
4.8. Once the Transaction Request is accepted, it will be processed. The Beneficiary will be
deemed to have received the funds once the Converted Amount is remitted into the
Beneficiary’s bank account or collected in person by the Beneficiary, as the case may be.
4.9. If the Converted Amount cannot be credited into the Beneficiary’s bank account for
whatever reason whatsoever and howsoever arising within seven (7) Business Days of the
date that the Transaction Amount is credited into the Designated Bank Account, the
Transaction Request shall be deemed to have failed. THK will notify the Registered
Customer of such failure and seek their further instructions.
4.10. The Registered Customer may not amend, cancel or withdraw a submitted Transaction
Request unless THK in its absolute discretion otherwise agrees in writing. THK and/or its
Licensed Partners shall not be liable to the Registered Customer if it does not or is unable to
stop or prevent the Transaction from going ahead.
4.11. The Registered Customer agrees that he bears sole responsibility for the use and
safeguarding of his and his Beneficiaries’ personal information (including user account ID
and password) when using the Services through the App. The Registered Customer further
agrees that he is responsible for all Transaction Requests and shall exercise caution when
transferring any Transaction Amount to unfamiliar Beneficiaries and be alert to the
possibility of fraud.
4.12. In the absence of manifest error, the Registered Customer accepts that THK’s record of
Transaction shall be final and conclusive and binding for all purposes.
4.13. Subject to Applicable Laws, THK and its Licensed Partners may record any audio or
telephone conversation with the Registered Customer and the Registered Customer agrees
that such recordings shall be admissible in evidence in any proceedings and shall be binding
on the Registered Customer.
5. Refunds
5.1. Subject to Clause 5.3, THK shall cause the Transaction Amount or Converted Amount to
be refunded to the Registered Customer in the event of any of the following situations
occurring:
1. in the case of a completed Transaction, where the Registered Customer had provided
erroneous Beneficiary information, provided that the Registered Customer reported
such error at the Platform as soon as the Registered Customer becomes aware of such
error, and further provided that the Converted Amount has not been credited to the
wrong Beneficiary’s bank account or collected in person by the Beneficiary, as the
case may be; or
2. where a Licensed Partner has at its sole discretion refused to perform and/or complete
the Transaction.
5.2. Where a Registered Customer’s request for a refund of the Transaction Amount or the
Converted Amount (or any part thereof) is approved, such refund will be processed within
seven (7) Business Days from the date of such approval. Refunds shall only be made to the
Registered Customer via direct payment into the Registered Customer’s bank account or
whichever method which THK deems fit.
5.3. Refunds will only be made for the Transaction Amount or Converted Amount in Hong
Kong Dollars at such exchange rate as may be determined by THK at its sole discretion, less
any fees or charges, including but not limited to any administrative fees charged by THK
and/or its Licensed Partners for any refund, and any fees or charges which may be imposed
by any relevant third party service provider (including but not limited to banks and other
financial institutions).
6. Usage Restrictions
6.1. In using the Platform and the Services, you acknowledge and agree that:
1. unless there are sufficient funds transferred to the Designated Bank Account during
the Transaction Request (including all applicable fees), THK and/or it Licensed
Partners shall not be obliged to act on your transfer instructions;
2. THK may restrict, decline or refuse to carry out any Transaction Request at any time at its sole discretion without providing any reasons thereto;
3. THK and its Licensed Partners may fully rely on all information provided by you including registration information and information for each Transaction Request without any duty to verify any such information. Any erroneous information provided by you including incorrect names of Beneficiary and/or account numbers shall be at your sole responsibility and risk. You undertake to hold THK and its Licensed 7 Partners harmless from any and all losses arising from any act or omission of THK or its Licensed Partners in reliance upon any such erroneous information;
4. in the event that you cancel a Transaction Request or the Transaction is unsuccessful due to erroneous particulars provided by you, you shall remain liable for all applicable fees unless otherwise decided by THK;
5. you acknowledge that the timeframe for transaction payout to the Beneficiary shall be as determined by THK’s Licensed Partners, and as may be amended from time to time;
6. the use of third party services (including banking services) is subject to terms and conditions imposed by the third parties. You shall familiarize yourself of such applicable terms and conditions. THK and its Licensed Partners shall not be liable or responsible for any losses incurred by you or any other person arising from your use of the Services and/or such third party services;
7. you shall not reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform and/or the Services except as expressly permitted by THK;
8. you shall not cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Platform or the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Platform or the Services;
9. you will only use the Platform and/or the Services for lawful purposes and the purpose for which it is intended to be used;
10. you shall not license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform and/or the Services in any way;
11. you shall not transmit, post, distribute, store or destroy material on the Platform or in connection with the Services, in violation of any Applicable Laws;
12. you shall not transmit or link to viruses, worms, defects, trojan horses, malware or any other items that may introduce security vulnerabilities to or harm user devices, apps or personal data;
13. you will not use the Platform and/or the Services to cause any inconvenience or make false applications and/or transactions;
14. you shall not violate or attempt to violate the security of the Platform including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; and
15. you shall not transmit any content or material that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by law or by these Terms.
2. THK may restrict, decline or refuse to carry out any Transaction Request at any time at its sole discretion without providing any reasons thereto;
3. THK and its Licensed Partners may fully rely on all information provided by you including registration information and information for each Transaction Request without any duty to verify any such information. Any erroneous information provided by you including incorrect names of Beneficiary and/or account numbers shall be at your sole responsibility and risk. You undertake to hold THK and its Licensed 7 Partners harmless from any and all losses arising from any act or omission of THK or its Licensed Partners in reliance upon any such erroneous information;
4. in the event that you cancel a Transaction Request or the Transaction is unsuccessful due to erroneous particulars provided by you, you shall remain liable for all applicable fees unless otherwise decided by THK;
5. you acknowledge that the timeframe for transaction payout to the Beneficiary shall be as determined by THK’s Licensed Partners, and as may be amended from time to time;
6. the use of third party services (including banking services) is subject to terms and conditions imposed by the third parties. You shall familiarize yourself of such applicable terms and conditions. THK and its Licensed Partners shall not be liable or responsible for any losses incurred by you or any other person arising from your use of the Services and/or such third party services;
7. you shall not reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform and/or the Services except as expressly permitted by THK;
8. you shall not cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Platform or the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Platform or the Services;
9. you will only use the Platform and/or the Services for lawful purposes and the purpose for which it is intended to be used;
10. you shall not license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform and/or the Services in any way;
11. you shall not transmit, post, distribute, store or destroy material on the Platform or in connection with the Services, in violation of any Applicable Laws;
12. you shall not transmit or link to viruses, worms, defects, trojan horses, malware or any other items that may introduce security vulnerabilities to or harm user devices, apps or personal data;
13. you will not use the Platform and/or the Services to cause any inconvenience or make false applications and/or transactions;
14. you shall not violate or attempt to violate the security of the Platform including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; and
15. you shall not transmit any content or material that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by law or by these Terms.
7. Third Party Services and Content
Where the Platform contains links to other websites and resources provided by third parties,
these links are provided for your convenience only. THK shall not be responsible or liable for
any products or services of such third party. THK also makes no representations or
guarantees regarding the availability or content (including its truthfulness, accuracy,
completeness, timeliness or reliability) of such third party websites or resources in respect of
which links have been provided in the Platform.
8. Personal Data Protection
18.1. In the course of your use of the Platform, and to provide you with the Services, THK
may collect, use, disclose and/or process personal data belonging to you, or that may relate to
a third party individual and is provided by you. In this regard, THK will collect, use, disclose
and/or process your personal data as set out in THK’s Privacy Policy.
18.2. Without prejudice to the purposes set out in THK’s Privacy Policy, THK collects, uses,
and discloses your personal data strictly for the purposes of providing you with the Platform
and the Services, and includes purposes such as:
8.2. Without prejudice to the purposes set out in THK’s Privacy Policy, THK collects, uses,
and discloses your personal data strictly for the purposes of providing you with the Platform
and the Services, and includes purposes such as:
18.3. By downloading, installing, accessing or using the Platform and/or the Services, you
hereby agree and consent to THK collecting, using or processing your personal data for the
purposes set out above and in its Privacy Policy.
18.4. You may withdraw your consent to the collection, use and disclosure of your personal
data for the purposes set out above and in the Privacy Policy at any time by giving notice in
writing to THK. However, please note that if you withdraw such consent, THK may not be
able to continue providing you with the use of the Platform and/or the Services, and you
hereby acknowledge and agree to accept any such consequences of your withdrawal of your
consent.
9. Network access and Devices
9.1. You are responsible for obtaining the data network access necessary to access the
Platform or use the Services. Your network provider’s data and messaging rates and fees may
apply if you access or use the Platform or Services from a wireless-enabled device. You are
solely responsible for these costs and the costs of any other third party associated with your
receiving the Services and/or using the Platform.
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9.2. You are responsible for acquiring and updating compatible hardware or devices
necessary to access and use the Services and/or the Platform and any updates thereto. THK
does not guarantee that the Platform or the Services, or any portion thereof, will function on
any particular hardware or devices. In addition, the access and use of the Platform or the
Services may be subject to malfunctions and delays inherent in the use of the Internet and
electronic communications.
10. Intellectual Property
10.1. You acknowledge that THK or the relevant third parties own all rights, title and interest
in and to the Platform and technology comprised in the Services (where applicable),
including without limitation software and portions thereof and all Intellectual Property
Rights, and you shall not do or permit any act which is directly or indirectly likely to
prejudice the rights, title or interest of the said rightful owner(s) in and to any of the
aforesaid. “Intellectual Property Rights” means any and all rights existing from time to
time (both current and future) under patent law, copyright law, trade secret law, trademark
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law, registered design law, and any and all other proprietary rights, and any and all
applications, renewals, extensions and restorations thereof, now or hereafter in force and
effect worldwide, or capable of protection in any relevant country in the world.
10.2. Unless otherwise expressly permitted by mandatory Applicable Laws, you agree not to
modify, adapt, translate, prepare derivative works from, or decompile, reverse engineer,
disassemble or otherwise attempt to derive source code from, the Platform. You shall not
lend, sell, redistribute or sub-license, the Platform. Without prejudice to the generality of the
foregoing, you shall not use in any way and shall not reproduce any trademarks that are
associated with the Platform or the Services or that you have sight of when using the
Services, without the prior written consent of THK.
10.3. You also agree to not remove, obscure, or alter THK’s or any third party’s copyright
notice, trademarks, or other proprietary rights notices affixed to or contained within or
accessed in conjunction with or through the Platform.
11. Disclaimer and Limitation of Liability
11.1. The Platform and the Services are provided “as is” and “as available”. To the fullest
extent permissible by law, THK disclaims all representations and warranties, express,
implied, or statutory, not expressly set out in these terms, including any implied warranties of
quality, fitness for a particular purpose and non-infringement. In addition, THK makes no
representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability,
or availability of the Services or any services requested through the use of the Platform and
the Services, or that your use of the Platform and the Services will be uninterrupted or errorfree. You agree that the entire risk arising out of your use of the Platform and/or the Services,
and any service requested in connection therewith, remains solely with you, to the maximum
extent permitted under Applicable Laws.
11.2. THK shall not be liable for indirect, incidental, special, exemplary, punitive, or
consequential damages, including lost profits, lost data, personal injury, or property damage
related to, in connection with, or otherwise resulting from any use of the Platform or the
Services, even if THK has been advised of the possibility of such damages. THK shall not be
liable for any damages, liability or losses arising out of your use of or reliance on the
Platform or the Services or your inability to access or use the Platform or the Services.
11.3. THK retains absolute discretion in determining whether or not to provide maintenance
and support services for the Platform, and if so, the type of maintenance and support services.
11.4. Where THK’s liability is not expressly excluded or permitted to be excluded under
these Terms or under any Applicable Laws, THK’s liability to the Registered Customer for
any direct damages and all other loss or damage arising under or in connection with these
Terms, whether in contract, tort (including negligence), breach of statutory duty, or
otherwise, shall in no circumstances exceed the Transaction Amount.
11.5. The provisions of this Clause 11 notwithstanding, THK does not exclude its liability for
death or personal injury caused from its negligence, or the negligence of its employees or
agents.
12. Indemnity
You agree to indemnity, defend and hold THK, its related corporations, including their
respective successors, assigns, employees, officers, harmless from and against all claims,
demands, actions, losses, damages, costs and expenses (including legal fees), arising out of
and in connection with your breach of these Terms, your use of the Platform, your receipt or
use of the Services and/or your failure to comply with any Applicable Laws.
13. Unpredictable nature of the Platform
1You understand and acknowledge that the transmission of information through
telecommunications channels is unpredictable in nature and depends on, amongst other
issues inter alia (a) third party telecommunications operators, and (b) the proper maintenance
of your receiving equipment. THK gives no guarantee of the continued availability and
quality of reception of the Services and/or the Platform
14. Suspension and Termination
14.1. In the event of any Force Majeure Event, breach of these Terms or any Applicable
Laws, or any other event that would make provision of the Services commercially
unreasonable for THK, THK may, in its discretion and without liability to you, with or
without prior notice, suspend your access to all or a portion of the Services and/or as may be
required by Applicable Laws, freeze any Transaction Amount, Converted Amount or funds
received, file a suspicious transaction report with the relevant authorities or otherwise report
or inform the relevant authorities or take any other steps to protect the THK’s interests as
THK deems appropriate. THK may also terminate your access to the Services in its sole
discretion, immediately and without prior notice, deactivate your account and all related
information and files in such account without liability to you, including, for instance, in the
event that you breach any term of these Terms. In the event of discontinuation of all Services,
termination of your access to the Services, or deletion or deactivation of your account, all
amounts payable by you to THK will immediately become due and THK may take such other
steps as it deems necessary or desirable to protect its own interests. Subject to these Terms,
THK shall not be responsible or liable for any loss or damages incurred as a result of or
arising from any actions taken under this Clause 14.
14.2. Clauses 11 (Disclaimer and Limitation of Liability), 12 (Indemnity), this Clause 14
(Suspension and Termination) and Clause 18 (Governing law and dispute resolution) shall
survive the termination of these Terms
15. Force Majeure
THK shall not be liable for non-performance, error, interruption or delay in the performance
of its obligations under these Terms or for the inaccuracy, unreliability or unsuitability of the
Platform and/or the Services’ contents if this is due, in whole or in part, directly or indirectly
to an event or failure which is beyond the reasonable control of THK, including but not
limited to any failure or inaction on the part of THK’s Licensed Partners.
16. Non-transferable rights
The rights to use the Platform and the Services are personal to you, and you may not transfer
or assign to a third party any of your rights and obligations as set out in these Terms unless
you have obtained the prior written consent of THK to do so. THK may by way of written
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notice, without prior consent from you, transfer, assign or sub-license the benefit of the whole
or any part of its obligations and rights under these Terms to any persons or organisations
THK deems fit.
17. Variation
These Terms may be varied from time to time by THK at its sole discretion by notice through
the Platform or by such other methods of notification as THK may designate (which may
include notification by way of letter, text or email), such variation to take effect on the date
THK specifies through the aforesaid means. If you use the Platform or the Services after such
date, you are deemed to have accepted such variation.
18. Governing law and dispute resolution
18.1. The Registered Customer may direct all complaints or disputes to THK’s customer
service team at support@shoottechs.com. If the Registered Customer is not satisfied with
THK’s responses, it may refer the dispute for resolution in accordance with Clause 18.3
below.
18.2. These Terms are governed by and shall be construed in accordance with the laws of
Hong Kong.
18.3. Any dispute arising out of or in connection with these Terms, including any question
regarding its existence, validity or termination, shall be referred to and finally resolved by
arbitration administered by the Hong Kong International Arbitration Centre in accordance
with the Arbitration Rules of the Hong Kong International Arbitration Centre for the time
being in force, which rules are deemed to be incorporated by reference in this Clause 18. The
seat of the arbitration shall be Hong Kong. The Tribunal shall consist of one (1) arbitrator.
The language of the arbitration shall be English.
19. Entire Agreement
These Terms contain the entire agreement between you and THK with respect to use and
access of the Platform and the Services, and shall supersede all previous communications
(whether written, oral or otherwise), discussions or letters relating to the same.
20. Severability
If any of the terms or provisions contained herein shall in whole or in part be held by the
competent court to any extent to be illegal or unenforceable under applicable law, that term or
provision or part shall to that extent be deemed not to form part of these Terms and the
enforceability of the remainder of these Terms shall not be affected.
21. Rights of Third Parties
Save as otherwise provided for in these Terms, any person who is not a party to these Terms
shall have no right to enforce any of the provisions of these Terms under the Contracts
(Rights of Third Parties) Ordinance in Hong Kong (Cap. 623).
22. Notice and Correspondences
22.1. All notices, communication and correspondences by THK (collectively
“Communication”) may be sent to you via the Platform, by hand, post, email, facsimile
transmission or any other means deemed appropriate by THK. Such Communication may be
sent to your address or email as maintained in THK’s records. Any such Communication
addressed and sent to you shall be deemed to have been received by you:
1. If posted on the Platform, on the date and at the time it was posted by THK;
2. If delivered by hand, on the date and at the time it was delivered to (or left at) your
address;
3. If transmitted by email, immediately at the time of transmission by THK;
4. If sent by post within Hong Kong, one (1) calendar day after it was posted, and if sent
by post outside of Hong Kong, seven (7) calendar days after it was posted.
22.2. Any communication by you to THK shall be posted via the Platform, or in writing to
THK’s email address at support@shoottechs.com unless THK specifies otherwise. THK
reserves the right at its absolute discretion to regard any communication from you as inv
23. Prevailing language
If these Terms are translated into any other language, the English language version shall
prevail in the event of any ambiguity, discrepancy or omission as between the English text
and any translated text.