Your use of the VPay Application (“VPay”) is subject to the following term and conditions:-
| 1. |
Interpretation |
|
1.1 |
In these Terms, unless the context requires otherwise, the following terms shall have the meanings as set out below:- |
| | (a) | “Agreement” means this agreement to provide the Service to you; |
| | (b) | “ETC Terms” means the Terms and Condition for the use of Autotoll Electronic Toll Collection Service of Autotoll from time to time; |
| | (c) | “Login Details” means the user name and/or password which is provided by Autotoll or set by you for using VPay from time to time; |
| | (d) | “Payment Instructions” means payment instructions from you to Autotoll through VPay; |
| | (e) | “Prepaid Account” means the Prepaid Account as defined in the ETC Terms; |
| | (f) | “Relevant Account” means the VAccount or the Prepaid Account, as applicable; |
| | (g) | “Service” means the payment service to be provided by Autotoll through VPay as described in clause 2.1; |
| | (h) | “Suppliers” means the suppliers of goods and/or services which have agreed to allow you to make payment using VPay. |
| | (i) | “Transaction” means a transaction the payment for which shall be settled by you using VPay; and |
| | (j) | “VAccount” means the VAccount as referred to in clause 5. |
|
1.2 |
In these Terms, reference to a matter published by Autotoll means such matter as published by Autotoll in its website at www.autotoll.com.hk from time to time. |
| 2. | VPay |
| 2.1 | Autotoll hereby agrees to provide payment service to you by making payment to Suppliers according to your Payment Instructions on these Terms. |
| 2.2 | You acknowledge and agree that:- |
| | (a) | Autotoll’s obligation in relation to a Transaction is limited to the making of payment and is not a party to the Transaction. Autotoll therefore shall not be liable to you in relation to the Transaction in any way. |
| | (b) | Autotoll shall not under any circumstance make any refund to you or credit back any amount into the Relevant Account in relation to a Transaction. Any amount due to you from the relevant Supplier in relation to a Transaction shall be dealt with between you and such Supplier. |
| 3. | Payment and Deduction |
| 3.1 | If you wish to make payment for a Transaction using VPay, you shall give a Payment Instruction to Autotoll by following the procedures as shown in VPay and each Payment Instruction once submitted to Autotoll though VPay shall be irrevocable. |
| 3.2 | Subject to clause 3.4, Autotoll shall upon its receipt of a Payment Instruction deduct the amount referred to in such Payment Instruction from the Relevant Account and pay it to the Supplier as referred to in such Payment Instruction in the manner it agrees with such Supplier. |
| 3.3 | Autotoll hereby reserves the right to reject any Payment Instruction for any reason, including but not limited to the reason of insufficient funds in the Relevant Account and shall not be liable to you for such rejection. |
| 3.4 | Upon your login to VPay for the first time, if you have a Prepaid Account, you can choose to make payment out of your Prepaid Account in which case this Agreement is a Related Agreement as set out in the ETC Terms. If you do not have a Prepaid Account or choose not to make payment out of your Prepaid Account, you can open a VAccount and make payment out of that in which case the provisions in clause 5 shall apply. |
| 4. | Login Details |
| 4.1 | Autotoll shall provide you with a set of initial Login Details and you may change such from time to time by following the instructions published by Autotoll. |
| 4.2 | Subject to clause 4.4, you shall be responsible for all Payment Instructions submitted to Autotoll through VPay using your Login Details or any code generated by VPay using your Login Details with or without your authority, knowledge or consent. |
| 4.3 | You shall not disclose your Login Details to any third party or allow any third party to use your Login Details. |
| 4.4 | In the event your Login Details are known to any third party, you shall report the same to Autotoll during Autotoll’s office hours by email to vgo@autotoll.com or by telephone on 3182 1323 and the Service shall be cancelled 4 working hours after your report is actually received by Autotoll. |
| 5. | VAccount |
| 5.1 | The provisions in this clause 5 shall apply if you choose to open a VAccount for the purpose of the Service. |
| 5.2 | Upon the opening of the VAccount, you shall pay HK$100 into your VAccount and may top up the VAccount from time to time using the payment function in VPay. The making of payment to Autotoll using the payment function in VPay will be subj |
| 5.3 | Autotoll may from time to time impose a maximum balance in respect of the VAccount. |
| 5.4 | Autotoll reserves the right to set off any amount which you may owe to Autotoll from time to time against the funds in the VAccount. |
| 5.5 | In the event there has been no top up of the VAccount for one year, the balance in the VAccount on the first anniversary of the day of your last top up shall be forfeited and the balance shall be reduced to zero. The forfeited amount shal |
| 5.6 | Any balance in the VAccount upon the closure of the VAccount for whatever reason shall not be refunded to you. |
| 6. | Termination |
| 6.1 | Autotoll may at any time terminate the Service by notice in writing to you and shall not be liable to you for the termination of the Service. |
| 6.2 | Upon the termination of the Service, the VAccount, if any, shall be closed and the balance in the VAccount, if any, shall be forfeited and shall not be refunded to you. |
| 7. | Termination |
| 7.1 | If you have chosen to make payment using the VAccount, notice by Autotoll to you shall be given to you by email to the email address you provided to Autotoll upon the activation of VPay. You may change your email address from time to time in such manner as published by Autotoll. Any notice sent to you by email shall take effect upon |
| 7.2 | If you have chosen to make payment using your Prepaid Account, the provisions on Notices from Autotoll to you as set out in the ETC Terms from time to time shall apply. |
| 7.3 | All notice from you to Autotoll shall be given to the email address, fax number or mail address as published by Autotoll from time to time. Autotoll may also from time to time publish other manner in which notice may be given to it. All notices to Autotoll shall take effect when such notice is actually received by Autotoll. |
| 8. | Miscellaneous |
| 8.1 | These Terms shall be governed by and construed in accordance with the laws of Hong Kong and Autotoll and you hereby submit to the exclusive jurisdiction of the courts of Hong Kong. |
| | (a) | Autotoll may at any time by notice in writing assign its rights and liabilities under this Agreement to a third party at its discretion and the Client shall execute all reasonable documents to effect such transfer. |
| | (b) | These Terms sets out the entire agreement and understanding between you and Autotoll in connection with the Service and shall supersede all previous arrangements, representations and arrangements in relation thereto. |
| | (c) | Autotoll may change these Terms from time to time by notice in writing and such changes will take effect on the date as specified in such notice. |
| 8.2 | The Contracts (Rights of Third Parties) Ordinance shall not apply to this Agreement and no person other than Autotoll and you shall have any right under this Agreement nor shall this Agreement be enforced by any person other than Autotoll and you. |
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