EPS Merchant Services
TERMS AND CONDITIONS
EPS MERCHANT SERVICES GENERAL TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE(S) AND/OR THE SERVICE(S). BY USING THE SITE(S) AND/OR THE SERVICE(S), YOU ARE DEEMED TO HAVE ACCEPTED AND AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS.
1. GENERAL TERMS AND CONDITIONS

a. These Terms and Conditions apply to your use of the EPS Merchant Services (individually referred to as "Service" or collectively referred to as "Services") provided through the www.ppsmerchant.com.hk/www.epsmerchant.com.hk website (the "Website") or any relevant third party's website (individually referred to as "Site" or collectively referred to as "Sites") through hyperlink connection or URL re-direction to the domain/web server of EPS Merchant Services. The Services are operated by EPS Company (Hong Kong) Limited ("EPS") (collectively, "we" and "us", "our" and "ours" shall be construed accordingly).

b. If you are using any Site for and on behalf of and/or as an agent on behalf of, your employer (the "Employer") and/or a third party (the "Principal"), then (a) you represent and warrant: (i) that such Employer and/or Principal has authorised you to enter into these Terms and Conditions and the accompanying Privacy Policy and Legal Disclaimer & Copyright Notice, (ii) that any licences granted by you hereunder are made on the Employer's and/or the Principal's behalf, (iii) that such Employer and/or Principal has agreed to be bound hereby, and (iv) that you have actual and express authority to act on behalf of and bind the Employer and/or Principal to these Terms and Conditions and the accompanying Privacy Policy and Legal Disclaimer & Copyright Notice, (b) you accept and agree to these Terms and Conditions and the accompanying Privacy Policy and Legal Disclaimer & Copyright Notice as an individual user, and (c) you will comply with all of the terms hereof and shall be jointly and severally liable for any breach of the terms of these Terms and Conditions by you, the Employer and/or the Principal.
c. You must read carefully these Terms and Conditions and the accompanying Privacy Policy and Legal Disclaimer & Copyright Notice posted on the Website before using a Service or Site. By using a Service or Site, you accept and agree to be bound by these Terms and Conditions, the Privacy Policy and the Legal Disclaimer & Copyright Notice. We may revise these Terms and Conditions, the Privacy Policy and the Legal Disclaimer & Copyright Notice from time to time by giving reasonable notice to you. Such notice may be given by posting it on the Website or any other means as we consider appropriate. The revised Terms and Conditions shall be binding on you if you continue to use a Service or Site on or after the date on which the revisions take effect.
d. Your use of any Service may also be governed by any additional terms and conditions as may be notified to you by us from time to time.

e. It is your duty to keep your User Account Number, Primary Password, Secondary Password, One-Time Password(s) and any other account names, user names and/or passwords which we may provide to you or which are set up by you from time to time (collectively, the "Identifiers") confidential and in a safe place and not to disclose them to any person not authorised by you. You shall be fully responsible for any losses arising from any disclosure of any Identifiers, except where such disclosure is caused by our gross negligence or wilful default. Accordingly, you acknowledge and accept that any accidental or unauthorised disclosure or use of any Identifiers may cause your account to be used to incur substantial liabilities. We will not be responsible for any loss suffered by you or any person as a result of (i) your disclosure of or the theft from you of any Identifier, whether or not there has been negligence or fault on your part; or (ii) your failure to take reasonable steps to prevent disclosure of such Identifiers to any person not authorized by you to use them.

f. You are advised to follow any security measures proposed by us in respect of the Identifiers as such may be posted on the Website from time to time. If your Identifiers are stolen or lost and such theft or loss would not have occurred if you had followed the reasonable security measures proposed by us, you will be considered to have failed to take reasonable steps to prevent unauthorised disclosure of such Identifiers and as a result we will not be responsible for any losses arising therefrom.

g. If you notice or suspect that any of your Identifiers may be stolen or disclosed, you must notify us immediately through our hotline or other means of communication as set out in our website. Until we have actual receipt of your notification, you shall remain responsible for any use of the Services or the Sites through your EPS Merchant Services Account, whether or not authorised by you.

h. The content in the reconciliation files may contain confidential information such as customer bill numbers and payment details. After downloading the files from any Site, it is your duty to keep such files confidential and in a safe place and not to disclose them to any person not authorised by you. You shall be fully responsible for any losses arising from any disclosure of such files.
i. We have the right from time to time to terminate any Service or vary the scope of any Service including, without limitation:
i. imposing and varying any restrictions on the use of a Service; and

ii. prescribing and changing the normal service hours during which a Service is available and any daily cut-off time for any Service or Transaction. Any instruction from customers received by us after any applicable daily cut-off time shall be deemed to be received on the next business day. We may specify business day and daily cut-off times by reference to the time of various markets operating in different time-zones. In case there is any discrepancy on the viewing of the transaction before cut off and the reconciliation file, the data of the reconciliation file will be final and conclusive.


2. SITES
We may vary or discontinue any Site or part of a Site, or any Service available on it without notice.
3. EPS MERCHANT SERVICES PASSWORDS
For all Actions on the applicable Sites, your use of the Primary Password, Secondary Password and/or PPS One-Time Password is your authority to us to carry out the relevant Action using your EPS Merchant Services Account. You acknowledge that we shall have no further obligation to verify authenticity of any instruction received from you or purporting to have been sent by you via a Service and a Site other than to verify that the Primary Password, Secondary Password and/or PPS One-Time Password (as the case may be) is/are registered against a EPS Merchant Services Account.
4. LIMITATION OF LIABILITY

a. To the extent permitted by law, neither we nor any party involved in creating, producing, or delivering any Service, Site or Content will be liable for any indirect, incidental, consequential or special damages, including, without limitation, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings, resulting from your access to, or use of, or inability to use any Service, Site or Content, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage.

b. If a jurisdiction does not allow the exclusion or limitation of liability in accordance with paragraph 4(a) above but allows a limitation of a certain maximum extent then our liability is limited to that extent.
5. USE OF THE SITE AND SITE CONTENT
a. You acknowledge that the Content on any Sites, is subject to copyright and possibly other intellectual property rights ("Intellectual Property Rights").

b. Unless you are expressly authorised by law you must not yourself, or participate in or permit any other person, to:

i. sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any Content in any way for any public or commercial purpose without our prior written consent; or

ii. use any Content on any other web site or in a networked computer environment for any purpose; or

iii. reverse engineer any Content consisting of downloadable software; or
iv. otherwise infringe the Intellectual Property Rights of any person in using a Site or any Content; or

v. hack into, break into, access or use or attempt to hack into, break into, access or use any part of a Service, a Site, any Content and/or any data areas on our server(s) or those of any third parties for which you have not been authorized by us or such third party.
c. Nothing you do on or in relation to a Site will transfer any Intellectual Property Rights to you or licence you to exercise any Intellectual Property Rights unless this is expressly stated.
d. You must not use or permit the use of any Service or Site, in whole or in part for any purpose, whether legal or illegal, other than as specifically intended to carry out Transactions and enquiries relating to the Services, and specifically you must not:
i. disrupt or interfere with a Service or Site, or servers or other software, hardware or equipment connected to or via a Site;
ii. violate any Applicable Law relating to your use of a Service or Site; or

iii. collect or store personal data about other users of a Service or Site.


6. FEES
We reserve the right at any time to:

a. charge fees; and

b. to vary or amend the terms and conditions which cover such fees, for access to or use of all or some parts of a Service or Site.
7. LINKS AND ADVERTISEMENTS

a. We have not reviewed all of the web sites linked to the applicable Sites and are not responsible for the content or accuracy of any off-site pages or any other sites linked to any applicable Sites (including without limitation sites linked through advertisements or through any search engines).

b. Some links which appear on an applicable Site are automatically generated. The inclusion of any link does not imply that we endorse the linked site, and you use the links at your own risk.
c. Your correspondence or dealings with, or participation in promotions of, advertisers on any Site are solely between you and such advertisers.

d. We will not be liable or responsible for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of advertisements on any Site.
8. PERSONAL DATA AND COOKIES
a. In using a Site you may provide your "personal data" as defined in the Personal Data Privacy Ordinance ("PDPO") which will be used solely by us. You also consent to your personal data being handled, processed or dealt with in whatsoever way in accordance with our Privacy Policy and our Personal Information Collection Statement posted on this website.

b. During your use of an applicable Site, we may issue to and request from your computer blocks of data known as "cookies". You must not alter any cookies sent to your computer from the applicable Site and you must ensure that your computer sends correct and accurate cookies in response to any relevant request from the applicable Site.
9. NOTICES
We will give you any necessary notices by posting them on the Website and/or the applicable Sites, or via email (provided that a valid email address has been provided to us) or any other means as nominated by us. You agree:
a. to check the Website and/or any other applicable Site for notices; and
b. that you will be considered to have received a notice when it is made available to you by posting on and/or announced via the Website or any other applicable Site or any other means as nominated by us.
10. OTHER PROVISIONS
a. These Terms and Conditions will be governed by the laws of the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong S.A.R."). You irrevocably submit to the exclusive jurisdiction of the courts of the Hong Kong S.A.R.

b. We shall not be liable for any act or failure to fulfill our obligations in relation to the use of a Site or the provision of a Service if the act, omission or failure arises from any cause reasonably beyond our control, including without limitation, acts of God, strikes, riots, acts of war, terrorism, civil or political unrest, epidemics, earthquakes, floods, fire, typhoon, government action, communication line failures or data transmission failures, power failures, computer or processing system failures or any failure on your part to provide correct information or comply with any provisions of these Terms and Conditions.

c. You agree to defend, indemnify us and hold harmless us, our officers, directors, employees and agents, from any loss incurred or damage suffered by us, our customers or a third party or from and against any claims, demands or actions including without limitation reasonable legal and accounting fees which may be bought against us by a customer or third party, which is in any way the result or alleged to be the result of your use of any Service, or your failure to take reasonable steps to prevent unauthorised use of your EPS Merchant Services Account through a Service.

d. We may appoint agents, assign or sub-contract the whole or any part of our rights and/or obligations under these Terms and Conditions to any person or entity at any time.

e. If any term or condition herein becomes or is declared illegal, invalid, or unenforceable for any reason, such term or condition shall be severable, and neither the legality, validity or enforceability of the remaining provisions under that law nor the legality, validity or enforceability of that provision under the law of any other jurisdiction shall be affected.

f. The Services are supplemental to our provision of, and are considered part of, the EPS Services, Integrated Electronic Payment Services (IEPS), PPS Shop&Buy Services and/or Over-the-Counter Bill Payment Service (as applicable) provided pursuant to the relevant agreements entered into between us. Accordingly, our total liability in respect of the Services and the EPS Services, Integrated Electronic Payment Services (IEPS) and/or PPS Shop&Buy Services (as the case may be) shall be subject to, and shall not exceed, the scope and limit as may be stated in the relevant agreements entered into between us. These Terms and Conditions shall not affect the provisions and the respective rights and obligations under the agreements in respect of the provision of the EPS Services, Integrated Electronic Payment Services (IEPS), PPS Shop&Buy Services and/or Over-the-Counter Bill Payment Service unless otherwise expressly specified.
11. DEFINITIONS
a. Action means any action which you request to be processed through a Site and which shall include but is not limited to the following:
i. View Payment Advices;
ii. Download Transaction Details File;
iii. User Account Setup;
iv. Setting and changing User Account settings.
b. Applicable Law in relation to any person, action or thing means the following in relation to that person, action or thing:

i. any law, rule or regulation of any jurisdiction (or political sub-division of a jurisdiction);

ii. any obligation under any licence in any jurisdiction (or political sub-division of a jurisdiction); and

iii. any lawful and binding determination, decision or direction of a regulator in any jurisdiction (or political sub-division of a jurisdiction).

c. Content includes things that you may see, read, hear, download or access on or via any Site (including but not limited to messages, files, data, software, images, photographs, illustrations, text and other materials).

d. EPS Merchant Service means the online services provided by us to merchants in connection with the EPS Services, Integrated Electronic Payment Services (IEPS), PPS Shop&Buy Services and/or Over-the-Counter Bill Payment Service, which include viewing of the instant transaction details and downloading of daily reconciliation files.
e. One-Time Passcode means the 6 or more digit password automatically generated by our system to any device that can receive short message service (SMS) for your EPS Merchant Services Account for the action which requires 2-factor authentication.
f. Primary Password means the first personal password selected by you and set up for your EPS Merchant Services Account for the Sites through hyper-link connection or URL re-direction to the domain/web server of EPS Merchant Services.
g. Secondary Password means the second personal password selected by you and set up for your EPS Merchant Services Account for the Sites through hyper-link connection or URL re-direction to the domain/web server of EPS Merchant Services.
h. User Account Number means the unique system account number generated by us and allocated to your EPS Merchant Services Account which is used to access the applicable Sites.
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