1.1 In these Terms & Conditions, unless the context requires otherwise, the following words and expressions have the following meanings:
EarthRemit Limited referred to in these Terms & Conditions and on the Websites as "EarthRemit".
"Platform" means the Payin and Payout Platform.
"E-Services" means the Internet and/or other facility(ies) provided by, and/or on behalf of, EarthRemit which enable(s) its clients to give electronic instructions and if applicable, offers in accordance with the terms and conditions of the document(s) agreed by EarthRemit and its clients, whether in Hong Kong or elsewhere, and to receive information and related services.
"Hong Kong" means the Hong Kong Special Administrative Region of the People's Republic of China.
"Information" means information, data, messages, materials and other content contained on the Websites (whether provided by EarthRemit or any third party and whether or not produced as a result of any tool provided on the Websites) or sent by EarthRemit via short message services ("SMS") (if applicable).
"third-party services provider" means a third party who provides certain services on the Websites or whose services can be subscribed on or via the Websites.
"Websites" means the website(s) of EarthRemit.
1.2 In these Terms & Conditions, unless the context requires otherwise, (i) words importing the singular include the plural and vice versa; (ii) references to a person include individual, body corporate or unincorporate; (iii) all references to any particular gender include all genders; (iv) reference to a statute or statutory provision includes a reference to it as amended, extended, replaced, substituted or re-enacted from time to time and also includes any subordinate legislation made under the relevant statute or statutory provision; and (iv) headings are inserted for convenience only and shall be ignored in construing these Terms & Conditions.
2. Legality and No Offer
2.1 The Information (or any part of it) is not intended for distribution to, or use by, any person in any jurisdiction where such distribution or use may be contrary to any law or regulation of such jurisdiction or which may subject EarthRemit to any legal or regulatory requirement within such jurisdiction. Any person who intends to access or use any part of the Websites/Information must satisfy himself that he is not subject to any local requirement which restricts or prohibits him from doing so.
2.2 None of the Information constitutes a solicitation or offer by EarthRemit to buy, sell or otherwise deal in, whether as principal or agent or otherwise, any securities, futures, options or other financial instruments or other products or to provide any service or advice of whatsoever nature.
3. Intellectual property rights and others
3.1 EarthRemit and other parties own the trade names, trademarks, service marks and logos and the like displayed on the Websites and none of them should be used unless with the prior written consent of EarthRemit and/or the party(ies) owning the same.
3.2 Information and the information, data, materials, messages and contents provided by any third-party services provider are protected by copyright and they (or any part of them) should not be reproduced, transmitted, copied, published, distributed, shared, modified or otherwise used for any purpose whatsoever unless with the prior written consent of EarthRemit and/or the party(ies) owning the same.
3.3 You should not tamper with, modify, decompile, reverse engineer, establish any link to, introduce computer viruses or other harmful components to or make any unauthorised access to or use of any part of the Websites or of the Information or any services, information, data, material, message or content provided by any third-party services provider. And you should not permit or assist any other person to do the foregoing. Unauthorised use of any part of the Websites or of the Information or any services, information, data, material, message or content provided by any third-party services provider includes but is not limited to the use of the same on any other website or in a networked computer environment for any purpose whatsoever.
4. Linked websites
4.1 Your access to or use of any other websites linked to the Websites ("third-party websites") or any part of their respective contents is at your own risk. EarthRemit is not responsible for any matter related to the third-party websites (including, without limitation, the contents or the set-up thereof). Your access to and/or use of any of the third-party websites shall be governed by the terms and conditions (including, without limitation, such website's privacy statement) of the owner/provider of such website and you must comply with such terms and conditions. Notwithstanding the provision of the hyperlinks to the third-party websites, EarthRemit does not endorse, approve, guarantee or recommend any third party, any of the third-party websites or any product or service on the same. EarthRemit is not and will not be a party to any agreement or other arrangement between you and the owner/provider of any of the third-party websites. Thus, EarthRemit accepts no liability in connection with or arising out of any of the third-party websites, even if any relevant notice may have been given to EarthRemit.
4.2 EarthRemit is not responsible for any matter related to any software required for linking to any of the third-party websites (including, without limitation, the downloading of such software) or for any consequences from your downloading or using, in any other way, such software. The downloading or use of such software may be governed by a license agreement and you must comply with the terms and conditions therein contained. You are solely responsible for your breach of any such term or condition. EarthRemit does not accept any liability whatsoever as a result of your downloading or using, in any other way, such software.
Disclosure of interest:
5.1 EarthRemit, its directors, representatives, employees and/or associates and/or the families of the foregoing and EarthRemit's clients may, from time to time, be counterparties to or have, direct and/or indirect, interests (whether by way of security interest or otherwise) and/or positions (long or short) in respect of and/or sell, purchase or otherwise deal in, as principal or agent, in the open market or in any other way, any companies, investments and/or instruments mentioned on or via the Websites.
5.2 EarthRemit is actively engaged in financial-services businesses and may in the course of such businesses have or develop business relationships with third parties including share issuers (including, without limitation, lending, depositary, risk management, advisory and banking relationships) and EarthRemit may also, amongst other things, be a member of and/or have an ownership interest in, an exchange or other venue on which securities or other instruments (which may be mentioned on or via the Websites) are traded and/or make markets in securities or such instruments.
5.3 As a result of paragraphs 6.1 and 6.2 above, EarthRemit, its directors, representatives, employees and/or associates and/or the families of the foregoing may have or acquire non-public information with respect to the securities, investments and/or instruments mentioned on or via the Websites and such information shall not be provided to you. In addition, the interests of EarthRemit, its directors, representatives, employees and/or associates and/or the families of the foregoing may conflict with your interest and, subject to applicable laws and regulations, EarthRemit, its directors, representatives, employees and associates and the families of the foregoing each reserve the right to take such actions as they each consider necessary or appropriate (including, without limitation, any sale, disposal or enforcement in relation to any securities, investments and/or instruments) to protect his/her/its interest.
Disclosure of risks:
5.4 There may be risk disclosure statements or information ("RDS") available on the Websites from time to time. You shall be deemed to have read, understood and accepted the terms and risks mentioned in the RDS if you access or use, or continue to access or use, any part of the Websites after the posting of the RDS on any part of the Websites or at the time when the RDS is available on the Websites.
6.1 You agree to the terms contained in the Statement of Practice in regard to the Personal Data (Privacy) Ordinance (the "Ordinance").
You shall on demand indemnify and keep indemnified EarthRemit from and against all liabilities, claims, costs, expenses and damages of any kind which may be reasonably suffered or incurred by EarthRemit, directly or indirectly, arising out of or in connection with your access to and/or use of the Websites (or any part of them) and/or the Information (or any part of it) and/or the reliance and/or acting on by EarthRemit any information, data, message or communication from you or purportedly from you or your breach of any provision in these Terms & Conditions.
8.1 EarthRemit may, at any time and from time to time, at its absolute discretion, without notice, make any amendments to these Terms & Conditions and the amended version of these Terms & Conditions shall be effective immediately upon the posting of it on the Websites.
8.2 Each provision of these Terms & Conditions is severable and distinct from the others and, if at any time any provision of these Terms & Conditions is or becomes illegal, invalid or unenforceable in any jurisdiction, the legality, validity and enforceability of the remaining provisions of these Terms & Conditions in that jurisdiction or of that provision or the remaining provisions of these Terms & Conditions in other jurisdictions shall not be affected or impaired thereby.
8.3 These Terms & Conditions may be translated into other languages. Should there be any inconsistency or conflict between the translated version and this English version, this English version shall prevail.
8.4 These Terms & Conditions shall be governed by and construed in all respects in accordance with the laws of Hong Kong.
IMPORTANT: By accessing any of the Websites (defined below) or any of their pages, you agree to be bound by, and acknowledge and confirm, the terms set out below. For the avoidance of doubt, if you are provided with any of the E-Services (defined below), your access to and use of such service shall be subject to the terms and conditions governing the access to and use of such service and shall not be subject to these Terms & Conditions.