This is a contract between you and AICard Technology (HK) Limited ("Aicard"). This website and its related services are owned and operated by AICard Technology (HK) Limited. By signing up to use an account through m.Aicardpay.com or any associated websites, APIs, or mobile applications (collectively the "Aicard Site"), you agree that you have read, understood, and accept all of the terms and conditions contained in this Agreement.
Aicard is a peer-to-peer second-hand e-commerce exchange platform within the AICard Technology (HK) Limited ecosystem. Aicard builds a communication platform from B to C to facilitate better communication between suppliers and acquirers, and each acquirer undergoes verification before entering Aicard. By timely communication between both parties, we can better grasp market information and achieve safe and convenient information exchange services.
1.1 We reserve the right to change these Terms at any time in our sole discretion. Any such changes in respect of your use of the Services will take effect when posted on the Website. If you have supplied us with an email address, we will also notify you by email of changes to these Terms.
1.2 It is your responsibility to read the Terms carefully on each occasion you use the Services. Your continued use of the Services shall signify your acceptance to be bound by the current Terms.
1.3 Failure or delay by Aicard in enforcing or partially enforcing any provision of these Terms shall not be construed as a waiver of any rights.
2.1 All references to the ‘company’, ‘us’, ‘our’, ‘we’, or ‘Aicard’, ‘m.Aicardpay.com’ mean AICard Technology (HK) Limited, a company registered under the laws of the HongKong.
2.2 All references to ‘you’, ‘your’, or the ‘user’ mean the person or persons using the Website and/or using the Services via the Website.
2.3 All references to the ‘Website’ shall include reference to all URLs operated by Aicard.
2.4 ‘Business Day’ means a day other than a public holiday, a Saturday, or a Sunday in the HongKong.
2.5 ‘Services’ means any feature provided by us via the Website or any local application (mobile, desktop, or otherwise), including without limitation Marketplace services.
2.6 ‘Communication’ includes communication by email.
3.1 You hereby accept and acknowledge that you: (a) Are of legal age to agree to these Terms; (b) Have not previously been suspended or removed from using our Services.
3.2 If you are using the Services on behalf of a legal entity, you further represent and warrant that:(i) The legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and (ii) You are duly authorized by such legal entity to act on its behalf.
4.1 These Terms and your use of the Website and Services shall be governed by and construed in accordance with HongKong Law. Any dispute arising in connection with these Terms or your use of the Website or Services will be resolved exclusively in the courts of the HongKong. Nothing in these Terms shall be deemed to affect your statutory rights under HongKong law.
4.2 If any part of these Terms is held by any court of HongKong to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected. Any headings contained in these Terms are for informational purposes only and are not enforceable provisions of these Terms.
5.1 We endeavour to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data you disclose online. You accept the inherent security risks of providing information and dealing online over the Internet and will not hold us responsible for any breach of security unless this is due to our negligence.
5.2 Please view our official privacy policy document.
6.1 You accept and acknowledge and accept the various risks inherent to using Aicard, including but not limited to hardware failure, software issues, internet connection failure, malicious software, third-party interference leading to access to your wallet and other user data. You accept and acknowledge that Aicard will not be responsible for any communication failures, disruptions, errors, distortions, or delays you may experience when using the Services, however caused.
6.2 You accept and acknowledge that there are risks associated with utilizing any Aicard network, including but not limited to the risk of unknown vulnerabilities in or unanticipated changes to the network protocol. You acknowledge and accept that Aicard has no control over any network and will not be responsible for any harm occurring as a result of such risks.
6.3 We will use reasonable endeavours to verify the accuracy of any information on the Website, but we make no representation or warranty of any kind, express or implied, statutory or otherwise, regarding the contents of the Website, information and functions made accessible through the Website, any hyperlinks to third-party websites, or the security associated with the transmission of information through the Website or any website linked to by the Website.
6.4 We will not be responsible or liable to you for any loss and take no responsibility for, and will not be liable to you for, any use of our Services, including but not limited to, any losses, damages, or claims arising from:
(a) User error, such as forgotten passwords, incorrectly constructed transactions, or mistyped Online addresses;
(b) Server failure or data loss;
(c) Corrupted files;
(d) Unauthorized access to applications;
(e) Any unauthorized third-party activities, including without limitation, the use of viruses, phishing, brute-forcing, or other means of attack against the Website or Services.
6.5 We make no warranty that the Website or the server that makes it available are free of viruses or errors, that its content is accurate, that it will be uninterrupted, or that defects will be corrected. We will not be responsible or liable to you for any loss of any kind from action taken or taken in reliance on material or information contained on the Website.
6.6 Subject to 7.1 below, any and all indemnities, warranties, terms, and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under HongKong law.
6.7 We will not be liable in contract or tort (including without limitation negligence) other than where we have been fraudulent or made negligent misrepresentations.
6.8 Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under Singapore law.
7.1 You agree to hold harmless Aicard (and each of our officers, directors, members, employees, agents, and affiliates) from any claim, demand, action, damage, loss, cost, or expense, including without limitation reasonable legal fees, arising out or relating to:
7.1.1 Your use of or conduct in connection with our Services;
7.1.2 Any feedback or submissions you provide (see 15 below);
7.1.3 Your violation of these Terms; or
7.1.4 Violation of any rights of any other person or entity.
7.2 If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we wish to settle it.
8.1 In using our Services, you may view content or utilize services provided by third parties, including links to web pages and services of such parties ("Third Party Content"). We do not control, endorse, or adopt any Third-Party Content and will have no responsibility for Third Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable in your jurisdiction. In addition, your dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings, and you understand that your use of Third Party Content and your interactions with third parties is at your own risk.
9.1 Once payment has been confirmed, the funds will be released from escrow. In case of an issue during a trade that cannot be settled, either party can dispute the trade. This will be investigated by the Aicard moderators, and a decision will be made according to evidence provided by both parties. Aicard moderators resolve disputes by evaluating trade terms, offer instructions, evidence of payment, trade chat interaction, user reputation, past trading history, as well as data submitted and/or collected in accordance with the Privacy Policy.
10.1 Aicard charges fees for Services. Applicable fees will be displayed prior to you using any Service to which a fee applies.
11.1 We may, in our sole discretion and without cost to you, with or without prior notice, and at any time, modify or discontinue temporarily or permanently any portion of our Services.
12.1 We may suspend or terminate your access to the Services in our sole discretion, immediately and without prior notice, and deactivate your Account without cost to you, including, for instance, in the event that you breach any term of these Terms. In the event of termination, if we have evidence of malicious behavior or failure to comply with the User Agreement, we hold the right to retain your funds locked in related orders and your bond.
13.1 When accessing or using the Services, you agree that you will not commit any unlawful act and that you are solely responsible for your conduct while using our Services. Without limiting the generality of the foregoing, you agree that you will not:
13.2 Use our Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Services or that could damage, disable, overburden, or impair the functioning of our Services in any manner;
13.3 Use our Services to pay for, support, or otherwise engage in any illegal activities, including but not limited to illegal gambling, fraud, money laundering, or terrorist activities;
13.4 Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access our Services or to extract data;
13.5 Use or attempt to use another user's Account without authorization;
13.6 Attempt to circumvent any content filtering techniques we employ or attempt to access any service or area of our Services that you are not authorized to access;
13.7 Introduce to the Services any virus, Trojan, worms, logic bombs, or other harmful material;
13.8 Develop any third-party applications that interact with our Services without our prior written consent;
13.9 Provide false, inaccurate, or misleading information; or
13.10 Encourage or induce any third party to engage in any of the activities prohibited under this Section.
14.1 Unless otherwise indicated by us, all intellectual property rights in the Website and in any content provided in connection with our Services are the property of Aicard or our licensors or suppliers and are protected by applicable intellectual property laws. We do not give any implied license for the use of the contents of the Website.
14.2 You accept and acknowledge that the material and content contained within the Website is made available for your personal, lawful, non-commercial use only, and that you may only use such material and content for the purpose of using the Website. You further acknowledge that any other use of content from the Website is strictly prohibited, and you agree not to infringe or enable others to infringe our intellectual property rights.
14.3 You agree to retain all copyright and other proprietary notices contained in the material and content within the Website on any copy you make of the material, but failing to do so shall not prejudice Aicard’s intellectual property rights therein.
14.4 You may not sell or modify the Website materials or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose. Your use of the materials on any other website or on a file-sharing or similar service for any purpose is prohibited.
14.5 You may not copy any material or content contained on the Website or accessible through the Website without our written permission. Any rights not expressly granted herein to use the materials contained on the Website are reserved by Tbay in full.
15.1 Aicard is always improving its services and the Website. If you have ideas or suggestions regarding improvements or additions to Aicard’s Services or the Website, Aicard would like to hear them; however, any submission will be subject to these Terms.
15.2 Under no circumstances will any disclosure of any idea or feedback or any related material to Aicard or any of its subsidiaries, parents, or affiliated companies, or any of their officers, directors, managers, members, shareholders, employees, and agents, or any of their heirs, successors, representatives, and assigns (each a 'Aicard Party' and collectively the 'Aicard Parties'), be subject to any obligation of confidentiality or expectation of compensation.
15.3 By submitting an idea or feedback or any related material that would be subject to intellectual property rights (the "Work") to Aicard or any Aicard Party, you grant to Aicard, in respect of the Work submitted, a non-exclusive, perpetual, worldwide, royalty-free license to use all of the content of such ideas and feedback for any purpose whatsoever. Further, you are waiving any moral rights to the fullest extent permitted under Singapore law that you may have in the Work and are representing and warranting to such Aicard Party that the Work is wholly original with you, that no one else has any rights in the Work, and that all Aicard Parties are free of any royalty to implement the Work and to use the related material if so desired as provided or as modified by any Aicard Party without obtaining permission or license from any third party.
15.4 You further accept that Aicard may sub-license any of the Aicard Parties to use in any way any Work and material you have submitted.
15.5 We have the right to remove any posting you may make to the Website in our absolute discretion without warning or reasons.
You may also email [email protected].
17.1 If, by reason of any Force Majeure Event, either you or Aicard is delayed or prevented from complying with any of these Terms, then such delay or non-compliance shall not be deemed to be a breach of these Terms, and no loss or damage shall be claimed by you or Aicard by reason thereof.
18.1 These Terms constitute the entire agreement between you and Aicard with respect to the subject matter of these Terms, and these Terms cancel and supersede any prior understandings and agreements between you and Aicard as to that subject matter. You may not assign any of your rights or obligations under these Terms without our prior written consent.