To download and use Incomedol App, you have given your consent to Incomedol App User Terms and Conditions
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.