1. User Payment Agreement In order to use the bank card payment service provided by Diggin'HK (hereinafter referred to as "we"), users (hereinafter referred to as "users" or "you") should read and follow the regulations in this "Bank Card Payment Agreement" (hereinafter referred to as the “Agreement"). We remind you that you must fully agree with and accept this Agreement in order to use our bank card payment service. Please make sure you have fully read, understood and accepted all provisions of the Agreement before you confirm your acceptance of this service. We attach great importance to your legal rights. By using our bank card payment service, you accept the terms of this Agreement.
2. Statement and commitment We reserve the right to amend this Agreement at any time by adding, deleting or changing provisions. We will make an announcement on Diggin'HK moblie app without prior notification to you. If you continue using the service after such an announcement, it means that you have fully read, understood and accepted the revised content of the Agreement, and you shall use the service in accordance with the revised Agreement. If you do not agree with the content of the revised Agreement, you shall immediately stop using the service. By using our bank card payment service and thereby accepting the terms of the Agreement, you guarantee you are a natural person over 18 years of age bearing independent civil liability and with full civil rights and civil capacity as prescribed by the laws of the Hong Kong, or you are a legal person or other organization doing legitimate business activities in Hong Kong. In this case, you also agree that the Agreement is not exclusive of any law of your country or region. If you are not able to meet the above-mentioned conditions, you shall immediately stop using the service. You guarantee that, in addition to the provisions of the Agreement, you are willing to abide by all the terms of service, privacy regulations and rules published on our website.
3. Payment related services You agree to provide personal payment information for any bank cards used for payment on Diggin'HK moblie app in order to ensure that we properly process your request. You guarantee that all the information you provide is true, legitimate, correct and complete. “Payment information” mentioned in the Agreement refers to the personal information you provide when you use the bank card payment service, including but not limited to your name, identity card number, bank card information, phone number and so on. You agree that we may collect, obtain or save some of your personal information and user habits information in the system in order to provide the best service for bank card payments. You acknowledge and agree that by inputting your personal information to complete a transaction and confirming the amount charged for the transaction that you have sent an irrevocable order to our payment system. With this order, we have the right to authorize the bank or a third party to deduct the transaction amount you've confirmed from your bank card to pay the payee. You agree to assume full responsibility for the authenticity and validity of all the orders you've sent while using the payment services. You will assume all liability arising therefrom, and we do not take any responsibility for this. You agree that when using this service, all usage records and transaction data related to the use of the relevant bank account with Diggin'HK are subject to our system platform record. You agree that if we have reason to suspect that you have provided false, inaccurate, outdated or incomplete data, we have the right to suspend or terminate some or all of the services. You will assume all liability arising therefrom, and we do not take any responsibility for this. You acknowledge that if you violate the Agreement, or relevant provisions of the terms, agreement, rules and notices on this website or any other related company sites, we reserve the right to suspend or terminate some or all of the services. You will assume all liability arising therefrom, and we do not take any responsibility for this. You agree and acknowledge that if the services cannot be provided or any error occurs because your payment information changed but you failed to update it in time, you cannot cancel the transaction or refuse to pay. You will assume all liability arising therefrom, and we do not take any responsibility for this. You shall provide accurate e-mail address, telephone number, address, zip code and other contact information and update any information in a timely manner and before using the payment system so that we can communicate with you in a timely and efficient way. You shall bear any loss or other unfavorable consequences in full in the payment process if we cannot contact you via the contact information you provide. You understand and agree that you are obligated to maintain the correctness of the contact information that you have provided. If you want to make any changes or updates, you shall do so in accordance with our requirements. You agree and acknowledge that the service may not be available due to bank system error, bank network connectivity issues or other force majeure. You shall ensure that the information you have entered is correct. If we are unable to notify you of subsequent problems with the transaction when the aforementioned abnormal situation occurs because you have provided incorrect data, we do not assume any liability for any damage caused from this. You agree that, based on the security of operations and transactions, we have the right to suspend or limit some functions of this service or provide new functions. If we reduce, increase or change any function, as long as you are still using the service, it means that you still agree and accept all the terms of this agreement or the revised agreement.
4. Security and privacy We will ensure strict security of your personal information and payment information. We promise that the service is safe and reliable. We value your trust and promise to be cautious and responsible and will keep your personal information secure and confidential by taking reasonable security measures. You promise not to disclose the payment information to any other person. You should also be careful with your bank card, card number, password, account number, account password and all information relevant to your payment account. If you lose your bank card or disclose the password or relevant information, you shall inform the card issuer and/or us in time in order to reduce the losses that may occur. You shall take responsibility for any loss caused by the leak of your password or loss of your cell phone or bank card. If you find someone has taken money from your account or any card connected with the account, or you come across any other circumstances resulting from actions taken without lawful authority, you shall immediately inform us in written form and require us to suspend the services in order to reduce the losses that may occur. We will actively respond to your request, but please understand that we need a reasonable period to take action after receiving your request. We do not assume any liability for any loss caused by any actions taken before this.
5. Prohibited behaviors You promise you shall not use this payment service to implement any of the following behaviors: oppose the reputation, privacy, trade secrets, trademarks, copyrights, patents and other rights of us or other third parties; use this payment service under another person's name; use an invalid bank card or another person's bank card; use an invalid bank account or another person's bank account; impair this payment service system in any way; violate laws and regulations, regulatory requirements, or terms, agreement, regulations, notices and other related provisions of our website and associated companies; engage in other behaviors in violation of national laws, regulations, rules and policies, or other conduct in violation of the Agreement.
6. Applicable law and jurisdiction The effectiveness, explanation, change, implementation and dispute resolution of the Agreement are all applicable to laws of the Hong Kong. If there is no relevant law or regulation, refer to common international business practices and/or industry practice. Disputes arising from the Agreement shall be dealt with in accordance with the laws of Hong Kong shall be the first jurisdiction.
7. Other provisions Titles of all the provisions of this Agreement are for convenience only and have no actual meaning in themselves and cannot be taken as the basis for the interpretation of the Agreement. If some provisions of the Agreement are partially invalid or unenforceable for whatever reason, the remaining provisions shall remain valid and have binding force on both parties.
(dated 25 Dec 2019)