To download and use Incomedol App, you have given your consent to Incomedol App User Terms and Conditions
Incomedol App User Terms and Conditions (the “App Agreement”)
(Updated as of February 2020)
Please take time to read this App Agreement. It is important and explains how we provide our services to you and how you may use the Incomedol mobile application (the “Incomedol App”). This App Agreement is written in simple terms without complex legal constructions. If you do not understand any part of this App Agreement, please ask us before using the Incomedol App or any of our services.
Contracting Party
Your contracting party is COD Payment Limited (“COD”, “we”, “our” or “us”) located at Room 01, 5/F, Tower 1, Enterprise Square, No. 9 Sheung Yuet Road, Kowloon Bay.
Terms of Use
The Incomedol App is operated and owned by COD. By using the
Incomedol App and the products, services or websites in connection
with it (“App Services”), you agree to the following terms
and conditions, and any policies, guidelines or amendments that may
be presented to you from time to time. By accessing the Incomedol
App or continued use of the App Services, you acknowledge and agree
to have read, understood and agreed to the terms and conditions set
out below (including the Privacy Policy). Please do not proceed
further if you do not wish to be bound by these terms and
conditions.
We may amend this App Agreement from time to time, including any
term with respect to any new or change of services or the
introduction of fees, and you can find the most current and updated
version in the Incomedol App. The most updated version of this App
Agreement shall take effect immediately upon posting to the
Incomedol App. Each time you use Incomedol App, you confirm that you
agree to be bound by this App Agreement as may be amended from time
to time.
App Services
The Incomedol App is an app that improves the efficiency of merchant transaction operations, and provides functions such as online payment collection, QR code payment collection and viewing of real-time transaction records.
Use of Incomedol App
Subject to these terms and conditions, COD provides Incomedol App
for your personal use on the mobile product you own or control as
permitted by any terms of use required by the party providing the
app store from which you downloaded the Incomedol App.
The App Services are made available for personal and a specific
commercial use only, you are not allowed to resell, deep-link, use,
copy, monitor (e.g. spider, scrape), display, download, reverse
engineer, disassemble, decompile, translate, or reproduce any
content or information on Incomedol App, or create derivative works
of any kind whatsoever for any commercial or competitive activity or
purpose.
You are not allowed to rent, lease or transfer any rights with
respect to the Incomedol App, or to otherwise use the Incomedol App
in any manner that could impair any App Service or in anyway
interfere with any party’s use or enjoyment of the Incomedol App.
You must use the Incomedol App in compliance with all applicable
laws and regulations.
If you are a minor under the age of 18, your parents are deemed to
have read and agreed to the terms of this App Agreement and that you
have brought this App Agreement to the attention of your parents.
If you violate any provision of this App Agreement, your right to
use this Incomedol App may be suspended and/or terminated at our
sole discretion. Notwithstanding, COD expressly reserves its right
to block your access to or use of the Incomedol App at any time
without explanation if it genuinely believes that such action is
reasonably required to protect its business.
USING YOUR ACCOUNT
You have the right to use the QR code payment collection or link
payment function in Incomedol APP to request payment from AlipayHK
wallet users. You have the right to use the real-time transaction,
transaction overview and order search functions in Incomedol App to
view transaction related records in your store.
You are responsible for all transactions initiated and fees incurred
by use of Incomedol App. If other persons access your Incomedol App,
we will treat this as if you have authorized such use and you will
be responsible for any transactions and fees incurred by such use.
You must notify us immediately of any unauthorized use of Incomedol
App or any other breach of security regarding the Incomedol App of
which you have knowledge.
We are not responsible for the quality, safety, legality,
transaction amount or any other aspect of goods or services you
purchase or sales with your AlipayHK Wallet.
Intellectual Property Rights
You acknowledge and agree that the App Services and any software
used in connection with the App Services contain proprietary and
confidential information that is protected by applicable
intellectual property laws. You further acknowledge and agree that
the Content contained in advertisements or presented to you through
the App Services is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws. Except as
expressly authorized by us or other third party rights holders, you
agree not to modify, rent, lease, loan, sell, distribute or create
derivative works based on such Content in whole or in part except as
specifically authorized in a separate written agreement.
Unless stated otherwise, all trademarks, copyright, database rights,
and other intellectual property rights of any nature in connection
with the App Services together with the underlying software code are
owned directly by us. All other trademarks not owned by us that
appear in Incomedol App are the property of their respective owners,
who may or may not be affiliated with, connected to or sponsored by
us.
COD hereby grants you a personal, non-transferable and non-exclusive
right and licence to use Incomedol App in accordance with these
terms and conditions.
ANTI-MONEY LAUNDERING AND ANTI TERRORIST FINANCING POLICY
You are required to keep your accounts and contact information
current at all times. Any account found to contain incorrect and/or
outdated information may be suspended.
It is the policy of COD to prohibit and actively pursue the
prevention of money laundering and any activity that facilitates
money laundering or the financing of terrorist or criminal
activities. COD is committed to anti-money laundering compliance in
accordance with applicable law and requires its directors, officers
and employees to adhere to these standards in preventing the use of
its products and services for money laundering purposes.
In order to fulfil its anti-money laundering obligations in
connection with the Local or Overseas Remittance services, COD shall
be entitled to collect information relating to you and the
Recipients, including but not limited to name, contact details,
nationality, identification number, details of bank account or the
electronic wallet of the Recipients.
Limitation of Liability
COD assumes no liability or responsibility for any errors,
omissions, failures, delays or interruptions in connection with the
Incomedol App. In particular, you acknowledge that our operations
could be subject to technical or other problems that are beyond our
control, such as issues concerning the business or operation of any
third party service provider.
In no event will COD, its shareholders, directors, officers,
employees, agents, or consultants be liable for any direct,
indirect, incidental, special, punitive, exemplary, or consequential
losses or damages of whatsoever kind arising out of your use of or
access to Incomedol App, loss of profit, tort (including
negligence), product liability, or otherwise.
COD will not be liable to you for any damage or alteration to your
equipment, including but not limited to computer equipment, handheld
devices, or mobile telephones, as a result of the installation or
use of the Incomedol App.
Nothing in these terms and conditions shall exclude or limit COD’s
liability for death or personal injury caused by negligence or for
fraud or fraudulent misrepresentation or any other liability which
cannot be excluded or limited under the applicable law.
To the extent permitted by law, our total aggregate liability to you
under this App Agreement or in relation to your use of Incomedol App
will not exceed HK$1000 with respect to your use of Incomedol
App.
Incomedol App and the App Services are provided “as is” and “as
available” without warranty of any kind. COD expressly disclaims to
the fullest extent permitted by law all express, implied and
statutory warranties, including without limitation the warranties of
merchantability, fitness for a particular purpose and
non-infringement of proprietary rights, and any warranties regarding
the security, reliability, timeliness and performance of Incomedol
App.
In the event that it is demonstrated that you are below the age of
18 when entering into this App Agreement, we shall not be liable for
any loss suffered by you arising out of the use of the App Services.
Indemnity
You shall indemnify and hold harmless COD, its shareholders, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, employees, and consultants from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of these terms and conditions, or your violation of any laws, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
Data Privacy
We collect, hold, use, process and transfer your data in accordance with the Personal Information Collection Statement Pursuant to Personal Data (Privacy) Ordinance (Cap.486) in Relation to Alipay Mobile App.
Security
Whilst we have implemented commercially reasonable technical and organizational measures to secure your personal information from unauthorized use, we cannot guarantee that unauthorized third parties will never be able to defeat those measures. You acknowledge that you provide your personal information at your own risk.
Termination
You may discontinue your use of Incomedol App at any time and you agree that COD may also change or discontinue Incomedol App or any of the App Services at any time without prior notice. We reserve the right to terminate these terms and conditions for any reason, without notice, and these terms and conditions could be terminated by us at our sole discretion in the event that you violate any of the terms set out in this App Agreement. In the event of any termination, you must cease any use of Incomedol App immediately.
Choice of Law and Arbitration
This App Agreement shall be governed by the laws of Hong Kong
without regard to conflict of laws principles.
Any dispute, controversy, difference or claim arising out of or
relating to this App Agreement, including the existence, validity,
interpretation, performance, breach or termination thereof or any
dispute regarding non-contractual obligations arising out of or
relating to it shall be referred to and finally resolved by
arbitration administered by the Hong Kong International Arbitration
Centre (HKIAC) under the HKIAC Administered Arbitration Rules in
force when the Notice of Arbitration is submitted. The law of this
arbitration clause shall be Hong Kong law. The seat of arbitration
shall be Hong Kong. The arbitration shall be conducted by a sole
arbitrator. Unless the parties agree otherwise, the arbitration
shall be conducted in English. The arbitration award rendered by the
arbitrator shall be final and binding on all the relevant parties.
General
If any court or competent authority decides that any of these terms
and conditions is held to be invalid, unlawful or unenforceable to
any extent, such term shall, to that extent only, be severed from
the remaining terms, which shall continue to be valid to the fullest
extent permitted by law.
Our failure to enforce any provision of these terms and conditions
shall not constitute a waiver of that or any other provision and
will not relieve you from the obligation to comply with such
provision.
This App Agreement does not give rise to any rights of a third party
under the Contracts (Rights of Third Parties) Ordinance (Cap. 623)
to enforce any of these terms and conditions.
These terms and conditions set forth the entire understanding and
agreement between you and COD with respect to your use of Incomedol
App or the App Services.