Atome Terms of Service
Please read this Terms of Service (“Terms”) carefully. By using the Atome Platform and the Atome Services, you agree to be bound by
these Terms.
Last Updated: [July] 2020
- Parties to these Terms
- The Terms is a legally binding agreement between you, in your capacity as
Customer (the “Customer”) or Merchant (the
“Merchant”) (defined in Clause 2.1), as the
case may be (the Customer and Merchant may collectively be referred to as “you” or “your”), and Atome HK Limited doing business as Atome (“we”, “us”, “our”,
“Atome”) (You and Atome are collectively
referred to as the “Parties”, and each a
“Party”).
- The Terms shall govern your use of the Atome website, at
https://www.atome.hk, including any subdomains thereof, and any other websites through which Atome
makes its services available, our mobile, tablet and other smart device applications, and application
program interfaces (collectively, the “Atome Platform”) and the Atome Services as described in Clause 2.1 below.
- By accessing our Atome Platform and opening an Account (defined in Clause
3.4) with us, you are deemed to have read, understood and accepted the Terms. The headings contained in
this document are for reference purposes only and are not to affect the construction of these
Terms.
- By clicking to accept these Terms, you are deemed to have executed these
Terms electronically.
- Atome Services
- Atome is a technology service provider that operates the Atome
Platform. The Atome Platform provides services by facilitating participating retailers, merchants,
stores or owners of online stores (including both web-based and app-based online stores) which have been
approved by us (“Merchants”) and the
Merchants’ customers (“Customers”) to
make payment for the Merchant’s goods and services (“Merchant
Services”) via an extended repayment feature under which Customers may
make payment in interest-free instalments (“Instalment Payment
Structure”). The foregoing shall be referred to as the
“Atome Services”.
- The Merchants remain fully responsible for their Merchant Services. The sale and
purchase of the Merchant Services between the Merchant and the Customer shall remain a contract between
the respective Customer and Merchant. Atome does not:
- take part in the performance of the Merchant’s obligations in the
transaction;
- own, create, engineer, manufacture, sell, resell, provide, control, manage,
offer, deliver, transfer or supply any Merchant Services;
- provide insurance of any kind in connection with the Merchant Services;
or
- make any representations and warranties of any kind in connection with the
Merchant Services, express or implied, including any warranties that the Merchant Services are accurate,
complete, reliable current, suitable, fit for purpose or error-free.
- THE PARTIES ACKNOWLEDGE THAT:
- THE MERCHANT IS SOLELY RESPONSIBLE FOR ANY LIABILITIES INCURRED AND OBLIGATIONS
ARISING FROM AND IN CONNECTION WITH THE PROVISION OF THE MERCHANT SERVICES; AND
- ANY FEES CHARGED BY THE MERCHANT FOR THE USE OF ATOME SERVICES (IF ANY) ARE
CHARGED IN THE SOLE DISCRETION OF THE MERCHANT, AND DO NOT REPRESENT ANY FEES CHARGED OR INTENDED TO BE
CHARGED BY ATOME TO ANY CUSTOMERS IN ANY WAY.
- Atome cannot guarantee the continuous or uninterrupted availability or
accessibility of the Atome Platform or the Atome Services. Atome may restrict the availability of the
Atome Platform or the Atome Services, or certain areas or features thereof, if necessary without notice.
Atome may improve, enhance and modify the Atome Platform and the Atome Services from time to time. To
the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable
for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages
arising out of your use of Atome Platform or the Atome Services.
- The Atome Services does not constitute a lending or credit facility and Atome
does not provide any credit to you, whether as Customers or Merchants. No payment made by Atome
constitutes a loan or a credit facility. Any transactions for which Atome Services are provided are not
subject to money lending or similar laws under any applicable laws.
- Eligibility; Account Creation; Member Verification
- Eligibility of Customer.
- By creating an Account in accordance with Clause 3.4, a Customer
makes the following representations and warranties, which are repeated at all times during which these
Terms are in force:
- he is an individual who is at least eighteen (18) years
old;
- he is capable of entering into a legally binding contract;
- the email address and mobile telephone number provided are valid and
verifiable, and he has sole control over them;
- the physical residential and delivery address provided are true and genuine;
and
- he is an authorised holder of an eligible debit card, credit card
or other payment method as may be accepted by Atome from time to time (“Payment Method”).
- Eligibility of Merchant.
- By creating an Account in accordance with Clause 3.4, a Merchant
makes the following representations and warranties, which are repeated at all times during which these
Terms are in force:
- it is a duly incorporated and validly existing business,
organization or other legal entity in good standing;
- it is capable of entering into a legally binding contract;
- the email address provided is valid and verifiable;
- the physical place of business and delivery address provided are valid and
accurate;
- it is an authorised holder of an eligible debit card, credit card or other
Payment Method; and
- the designated bank account provided by it is acceptable to
Atome and is legally and beneficially held in the name of and under the sole control of the Merchant
(the “Payout Bank Account”).
- Atome reserves the right to deny, suspend or terminate the provision of the
Atome Services or to restrict, suspend or terminate access to the Atome Platform of any Merchant or
Customer at our sole discretion should we discover any circumstances that may cause the representations
and warranties under Clauses 3.1 or 3.2 to be inaccurate.
- Account.
- Any Customer or Merchant wishing to access the Atome Platform
must create and register a password-protected account on the Atome Platform (“Account”). You will be required to provide such information as
may be required by Atome from time to time, including details relating to your Preferred Payment Method
(defined in Clause 3.5(ii)) and Payout Bank Account (in the case of Merchant). Customers and
Merchants holding an Account with Atome shall be referred to as “Members”.
- Each Member may only hold one Account in its capacity as a Customer or
Merchant.
- Each Member agrees to:
- promptly provide true, accurate, current and complete information about
yourself as may be prompted by any registration forms or otherwise requested by Atome from time to time
(“Registration Data”);
- your access to Atome Services or Atome Platform may be suspended until the
requested Registration Data is provided;
- maintain the security of your password and Account login details and to
immediately inform Atome of any potential compromise of your password or login details;
- be solely responsible for all activities that occur within your Account,
whether or not authorized by you, and, in the case of Customers, all transactions initiated through your
Preferred Payment Method (defined in Clause 4.1(a)(ii));
- maintain and promptly update the Registration Data, and any other information
you provide to Atome, to keep it accurate, current and complete at all times;
- promptly notify Atome regarding any material changes to information or
circumstances that may cause the representations and warranties made under Clauses 3.1 or 3.2 to be
inaccurate;
- be fully responsible for all use of your Account and for any actions that take
place using your Account;
- immediately inform Atome upon any suspicion of fraudulent activities relating
to your Preferred Payment Method (defined in Clause 4.1(a)(ii)) or Payout Bank Account and to allow
Atome to share such information with third party payment providers for the purposes of reducing further
fraudulent activities;
- immediately notify us if you become aware of any suspected or actual or
suspected loss, theft, fraud, or unauthorized use of your Account and Account password
(“Security Breach”);
- ensure that your Account is used in a responsible and lawful manner in
accordance with applicable law and to mitigate any risks of your Account’s involvement in any
prohibited activities described in Clause 7; and
- comply with all our policies which we notify you from time to time.
- We may terminate or suspend your Account in the event of a
Security Breach, provided always that you shall remain responsible for any actions taken through the use
of your Account before such termination or suspension. ATOME SHALL NOT BEAR ANY
LIABILITY OR RESPONSIBILITY FOR LOSSES OF ANY KIND THAT A MEMBER MAY SUFFER AS A RESULT OF ITS FAILURE
TO MAINTAIN THE CONFIDENTIALITY OF ITS PASSWORD OR BY PROVIDING ACCESS TO YOUR ACCOUNT TO ANY PERSON
OTHER THAN YOURSELF OR AS A RESULT OF A SECURITY BREACH.
- Verification and Other Checks.
- For Customers. You authorize us to make, directly or through third parties, any
inquiries necessary to verify your identity and to assess your capability to make payments in accordance
with the Instalment Payment Structure. You further agree and authorise us to share such information with
the Merchant, any company or business entity that is our subsidiary, our holding company or a subsidiary
of our holding companies (our “affiliates”)
or any other third party as may be relevant or necessary to carry out the above assessment.
- For Merchants. You authorize us to make, directly to or through local
authorities or any other third party, any inquiries necessary to carry out anti-money laundering and
know-your-client checks against you, including verifying the identity of your beneficial owner(s),
performing credit checks, confirming your Payout Bank Account details, verifying and confirming the
authority of your authorised signatories, and such other checks as we may deem necessary or appropriate.
You further agree and authorise us to share such information with our affiliates or any other third
party as may be relevant or necessary to carry out the above assessment.
- Atome does not assume any responsibility for the confirmation of any
Member’s identity. Notwithstanding the above, for transparency, fraud prevention, anti-money
laundering and counter-terrorist financing purposes, and as permitted by applicable laws, we may (i) ask
Members to provide a form of government identification or relevant constitutional documents as the case
may be, or other information or undertake additional checks designed to help verify the identities or
backgrounds of Members, (ii) screen Members against third party databases, lists of prohibited
countries, territories, entities and individuals including lists maintained by the United Nations,
or other sources; (iii) request reports from service providers, and (iv) where we have sufficient
information to identify a Customer, obtain reports from public records of criminal convictions, tax
offences or sex offender registrations or an equivalent version of background or registered sex offender
checks in your local jurisdiction (if available).
- Atome may make access to and use of the Atome Platform, or certain areas or
features of the Atome Platform, subject to certain conditions or requirements, such as completing a
verification process, meeting specific quality or eligibility criteria, your repayment history and such
other operating processes as may be imposed from time to time. The access to or use of certain areas and
features of the Atome Platform may therefore be subject to separate policies, standards or guidelines,
or may require that you accept additional terms and conditions, before you can access the relevant areas
or features of the Atome Platform. If there is a conflict between these Terms and such additional terms
and conditions as may be applicable to a specific area or feature of the Atome Platform, the latter
terms and conditions shall prevail with respect to the subject matter, specific area or feature as
specifically addressed in such terms and conditions, unless specified otherwise.
- Payment Details
- Customer’s Payment Methods
- When opening an Account, a Customer will be required to:
- identify a Payment Method for the Customer’s Account by providing the
Payment Method;
- indicate your preferred Payment Method (“Preferred Payment Method”) which means: (1) where you have
provided more than one Payment Method, the Payment Method that you indicated as your preference; or (2)
where you have only provided one Payment Method, such Payment Method; and
- expressly consent to, authorise and instruct us to initiate recurring debit
card, credit card or other payment transactions from the Preferred Payment Method in relation to
purchases made in connection with your Account under the Instalment Payment Structure and you shall
execute any and all authorizations and documents as may be required by Atome to authorise the recurring
payments.
- You shall be responsible for ensuring that you have sufficient funds available
in relation to your Payment Method(s). You acknowledge and agree that you are responsible for all fees
charged by the financial institution associated with making payments through the Payment Method.
- You must update your Account with any and all changes to any information
relating to your Payment Method(s) by logging into your Account. If you do not update your Account with
such changes, we will not be liable for any losses, fees and charges that you may incur in relation to
your failure to do so, including being subject to a Suspension as described under Clause 5.
- Merchant’s Payout Bank Account
- A Merchant is required to provide up to date, complete and accurate payment
details for its Payout Bank Account. Payments to be made to the Merchant will be made to the Payout Bank
Account. You must update your Account with any and all changes to any information relating to your
Payout Bank Account(s) by logging into your Account. If you do not update your Account with such
changes, we will not be liable for any losses, fees or charges that you may incur in relation to your
failure to do so, including any payments made to a Payout Bank Account which you no longer have
access.
- We may use third party card providers, payment providers, payment processors,
licensed money service operators or other financial institutions, to facilitate any transfers to your
Payout Bank Account and Atome accepts no liability in relation to any delay, errors or any other issues
arising from using those third parties and their services, particularly if these are beyond our control.
You agree to be responsible for all fees charged by such other third party card providers, payment
providers, payment processors or other financial institutions in connection with any transactions and
charges notwithstanding that these may be carried out through the Atome Platform.
- Account Suspension
- Atome may suspend, block, restrict access to or close an Account
(“Suspension”, and the term
“Suspended” shall be construed accordingly)
at any time and for any reason without a Member’s consent or prior notice. Without prejudice to
the foregoing, Atome may, among others:
- suspend or deactivate a Customer’s Account if any instalment payment
pursuant to the Instalment Payment Structure is not received for whatever reason; and
- close or permanently terminate a Member’s Account if:
- we become aware that you have breached any terms in these Terms;
- we become aware that your Account is being used by a third party, has been
compromised in any way whether as a result of your actions or otherwise or is in risk of a Security
Breach; or
- if we consider that you are using the Account or Atome Services
inappropriately, illegally or in a manner inconsistent with these Terms or any applicable law.
- A notice will be sent to the Member by e-mail to the e-mail address provided by
the Member when creating the Account with us to inform the member of the Suspension, and if applicable,
what instalment payment(s) have been missed or declined.
- ATOME SHALL NOT BEAR ANY LIABILITY OR RESPONSIBILITY FOR ANY LOSSES OF ANY
KIND THAT YOU MAY SUFFER AS A RESULT OF YOUR ACCOUNT BEING SUSPENDED FOR ANY REASON. THIS SHALL INCLUDE
ANY LOSSES THAT MAY BE SUFFERED IN RELATION TO ANY PAYMENT MADE ON ITEMS INCORRECTLY BILLED OR FOR ANY
DELAY IN THE ACTUAL DATE ON WHICH YOUR ACCOUNT IS DEBITED OR YOUR PAYMENT METHOD IS CHARGED.
- Reactivation of Customer’s Account
- In order to reactivate a suspended Customer’s Account, you will be
required to pay any amounts due to Atome as well as any administration fees charged by Atome in its sole
discretion in relation to the Suspension of the Customer’s Account (“Administrative Charge”). If you provide reasonable evidence to
Atome that the Account is subject to Suspension as a result of error, system failure or a Security
Breach caused by third parties outside your control, we may waive the Administrative Charge and
reactivate your Account at our sole discretion upon considering copies of the relevant records provided
by you.
- The Administrative Charges shall be calculated as follows. Upon an instalment
payment being missed, a HK$100 fee will be charged. If the outstanding payment and fee are not
paid within 7 calendar days, an additional HK$50 fee will be charged. This applies per instalment
payment, for a maximum total of HK$300 in Administrative Charges per transaction.
- Notwithstanding that you have successfully reactivated your Account after being
subject to a Suspension, Atome may, at its discretion, limit, restrict, suspend or terminate your access
to the Atome Platform, whether temporarily or permanently.
- If a Member is subject to a Suspension, we may revise the terms of your use of
the Instalment Payment Structure, including changing the amount and due date of each instalment payment
payable by a Member under the Instalment Payment Structure, even after you have successfully reactivated
the Account and have paid all outstanding fees.
- Account Termination
- You may request to close your Account at any time by contacting us at
support@atome.hk. Your request may take up to thirty (30) business days to process.
- Your request to close your Account will be denied if:
- any amounts or payments are outstanding or due to us, including under the
Instalment Payment Structure or Administrative Charges. Atome will not close your Account until all
outstanding payments have been made, but we may limit your ability to use your Account for further
transactions;
- you are subject to an investigation, including in relation to the use of Atome
Services or the Instalment Payment Structure; or
- there is any pending dispute between you and Atome or between any Merchants and
Customers, as the case may be, in relation to the Instalment Payment Structure or Merchant
Services,
- You will remain liable for all obligations related to your Account even after
your Account is closed. Atome will retain your information in accordance with our Privacy Policy:
https://www.atome.hk/en-hk/privacy-policy and any applicable law, rule or regulation.
- Prohibited Activities
- Atome will not provide Atome Services for any transaction which is
prohibited by applicable laws and regulations or violates Atome’s internal policies, or which will
result in Atome being considered to have breached any applicable laws. In particular, Atome will not
provide the Atome Services if you are using the Atome Platform to buy or sell Merchant Services relating
to any persons or articles prohibited or restricted under applicable laws and regulations, or if a
Merchant or its Merchant Services are listed in Annex A of these Terms, which may be updated by Atome
from time to time (“List of Prohibited Entities, Goods and/or
Services”).
- You agree not to use the Atome Services for any unlawful or fraudulent
activity and to immediately contact us if you believe that your Account may be subject to any unlawful
or fraudulent activity. By using the Atome Services, you agree that you will not and will not assist or
enable others to do any of the following:
- breach or circumvent any applicable laws or regulations, agreements with
third-parties, third-party rights, or agreements with us, including these Terms;
- provide false, inaccurate or misleading information to us;
- provide information belonging to any person other than yourself;
- use an Account that belongs to another person for yourself or on behalf of
another person unless expressly authorised;
- use any device, software, routine, file or other tool or technology, including
any viruses, trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with the
Atome Services or to surreptitiously intercept or expropriate any system, data or personal information
from the Atome Services;
- take any action that imposes an unreasonable or disproportionately large load on
our infrastructure, including denial of service attacks, “spam” or any other such
unsolicited overload technique;
- commit unauthorised use of the Atome Services, including unauthorised entry into
our systems, misuse of passwords, or misuse of any information posted to the Atome Services; or
- open or use multiple Accounts.
- Refunds
- Merchants may have policies in relation to refunds. All Customers should
contact the Merchant directly to arrange refunds and refunds should be made in accordance with the
refund policies of the Merchant, subject to these Terms. A Customer acknowledges that it is the
Merchant’s decision to agree whether a refund should be made.
- The Merchant must follow the steps for refund as set out in the contract
between Atome and the Merchant, should they decide to process a refund to a Customer.
- Upon Atome being notified by the Merchant of a decision to refund through
initiating the refund the process on the Atome Platform, Atome will return all amounts received from the
Customer up to the time of refund in relation to the relevant terminated contract for Merchant Services
to the Payment Method of the Customer.
- Atome reserves the right to charge administrative fees to
handle the refund.
- Promotional Credits
- A Customer may be granted promotional payment credits (“Promotional Credit”) from time to time to reduce the
corresponding amount of payment payable by them under the Instalment Payment Structure. The Promotional
Credit may be granted by Atome to the Customer (“Atome
Credits”) or by a Merchant to a Customer (“Merchant Credits”).
- The use of Promotional Credits is subject to the terms of the Promotional Credit
applicable and notified to the Customer at the time of granting the Promotional Credits.
- Intellectual Property
- All content included in or made available through the Atome Services, such as
text, graphics, logos, button icons, images, digital downloads, data compilations, and software is
protected under applicable copyrights, trademarks and other proprietary rights (including intellectual
property rights) are owned by Atome or its affiliates. The copying, redistribution, use or publication
by you of any part of the Atome Services, unless expressly permitted in these Terms, is strictly
prohibited. Use of the Atome Services does not give you ownership of any intellectual property rights in
any of the content, documents or other materials you access. The posting of information or materials on
the Atome Services does not constitute a waiver of any right in such information and materials. For the
avoidance of doubt, the use of the term “software” herein shall include its respective components, processes and design in its
entirety.
- If you believe that your intellectual property rights have been infringed,
please contact us at support@atome.hk.
- We aim to respond quickly to the concerns of rights owners about any alleged
infringement and we reserve the rights to terminate repeat infringers’ access to Atome
Platform.
- Trademark Notices
- The trademarks, service marks and logos (the “Trademarks”) used and displayed on the Atome Services are
registered and unregistered Trademarks of Atome. Other trademarks, service marks and trade names may be
owned by others. Nothing on the Atome Services should be construed as granting, by implication, estoppel
or otherwise, any license or right to use any Trademark or any other Atome intellectual property
displayed on the Atome Services. The name “APaylater”, “Atome” and any other
Trademarks shall not be used in any way, including in advertising or publicity pertaining to
distribution of materials on the Atome Services, without prior written permission from Atome.
- Transfers or Assignments
- You shall not transfer or assign any rights and obligations you may have
under these Terms without our prior written consent.
- We may transfer, assign or novate these Terms, and any rights, obligations
and conditions under these Terms, to a third party without your consent or notice.
- Changes to these Terms
- We may vary or amend these Terms from time to time without requiring express
or implied consent and without prior notice of such variations or amendments. Such variations or
amendments to these Terms shall be effective upon such updated version being uploaded on our Atome
Platform at https://www.atome.hk/en-hk/terms-of-service. You agree that it shall be your
responsibility to monitor the Atome Platform for any changes to these Terms. Your continued use of the
Atome Services after such variation or amendment of these Terms will constitute your acceptance of such
variation or amendment.
- You may not amend these Terms.
- Dispute Resolution
- In the event of a controversy, dispute or claim between the
Parties arising from or relating to these Terms or the enforcement of any provision of these Terms or
the Privacy Policy (a “Dispute”), Parties
shall first:
- issue a written notice of the Dispute (“Notice”) to the other Party; and
- attempt to resolve such Dispute for at least thirty (30) calendar days upon
receipt of such Notice.
- Your address for such Notices is the email address you have provided in your
Account. Our address for such Notices is: by email to support@atome.hk.
- All Notices must include:
- name of the Party issuing the Notice;
- Account information, including the login name of the Account of the Party
issuing the Notice;
- a brief description of the Dispute; and
- contact information of the Party issuing the Notice.
- If the Parties are unable to resolve the Dispute by negotiation
in accordance with Clause 14.1 above within thirty (30) calendar days upon receipt of such Notice, the
Dispute shall 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 at the time the notice of arbitration is submitted, which rules are deemed to be incorporated by
reference in this Clause 13.4. The appointing authority shall be the HKIAC. The seat of the arbitration
shall be Hong Kong. The tribunal shall consist of one (1) arbitrator. The language of the arbitration
shall be English.
- If there is any dispute between the Customer and Merchant relating to a
certain Merchant Service, both Customer and Merchant agree to release us, our affiliates and our and
their respective officers, directors, employees and agents from claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, arising out of or in any way connected with
such disputes. To the extent permitted by applicable law, you expressly waive
any protections (whether statutory or otherwise) that would otherwise limit the coverage of such release
to include only those claims which you may know or suspect to exist in your favor at the time of the
release.
- Applicable Law and Jurisdiction
- Except as expressly provided otherwise, these Terms, and all non-contractual
matters arising from or in connection with these Terms, are governed by, and will be construed under,
the laws of Hong Kong Special Administrative Region of the People’s Republic of China. The United
Nations Convention on Contracts for the International Sale of Goods is not applicable to these Terms.
- Limitation of Liability
- To the extent permitted by law, under no circumstances shall Atome or its
affiliates, employees, officers, representatives, the Assignee and any third parties providing services
for or on behalf of Atome (the “Indemnified Parties”) be liable to you for any indirect, incidental, consequential, special or exemplary
damages (whether in contract, tort, equity or otherwise), arising out of or relating to the use of the
Atome Platform or of opening an Account on the Atome Platform, the use of or inability to use an
Account, the use of the Instalment Payment Structure or related Atome Services, or our or your
liabilities to third parties arising from any source.
- You agree that the aggregate liability of the Indemnified Parties to you for all
claims arising out of or related to this Contract or your use or inability to use the Instalment Payment
Structure will not exceed the greater of: (a) the amount you any affected order(s) giving rise to such
damages, or (b) the amount of eight thousand Hong Kong dollars (HKD 8,000). These limitations will apply
even if the above stated remedy fails of its essential purpose.
- Indemnification
- You agree to release, indemnify and hold harmless the Indemnified Parties from
and against any claims, liabilities, damages, losses and expenses, including without limitation
reasonable legal and accounting fees, arising out of or in any way related to:
- your access to, use of, or inability to use your Account or the Atome Services;
- your breach or alleged breach of these Terms;
- your violation of any rights of a third party, including any negligence or
wilful misconduct of you, your employees, contractors, representatives or agents, if relevant and as the
case may be, or a breach of any contracts or other relationships between you and third parties;
- inability to repay your debts or any amounts due;
- your violation of any applicable law; or
- your failure to provide and maintain true, accurate, current and complete
information when creating and registering for an Account. You shall cooperate as fully and as reasonably
required in the defense of any such claim.
- Atome reserves the right, at its own expense, to assume the exclusive defense
and control of any matter subject to indemnification by you. You agree not to settle any matter without
the prior written consent of Atome. This Clause 17 will survive the termination of these Terms and of
your Account.
- Disclaimer of Warranties
- THE ATOME SERVICES ARE PROVIDED “AS IS” AND “AS
AVAILABLE” WITHOUT REPRESENTATION OR WARRANTY, WHETHER IT IS EXPRESS, IMPLIED, OR STATUTORY.
WITHOUT LIMITING THE FOREGOING, ATOME SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
- ATOME DOES NOT WARRANT OR GUARANTEE THAT:
- THE ATOME SERVICES ARE ACCURATE, RELIABLE OR CORRECT;
- THE ATOME SERVICES WILL MEET YOUR REQUIREMENTS OR FIT FOR PURPOSE;
- THAT THE ATOME SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION,
UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT OR SECURE;
- ANY DEFECTS OR ERRORS WILL BE CORRECTED; AND
- THE ATOME SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING
SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ATOME SERVICES,
ATOME PLATFORM OR ELECTRONIC COMMUNICATIONS SENT FROM ATOME ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
- TO THE FULL EXTENT PERMISSIBLE BY LAW, ATOME DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. ATOME WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY ATOME SERVICE,
OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON
OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY ATOME SERVICE, INCLUDING ANY INDIRECT, INCIDENTAL,
PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING;
- Atome does not warrant, endorse, guarantee, or assume responsibility for any
product or services advertised or offered by a Merchant. Atome does not have control of, or liability
for, Merchant Services that are bought or sold by the Merchant, whether using the Atome Platform or
not.
- In addition, to the extent permitted by applicable law, the Indemnified Parties
are not liable to you for any damages or losses (including loss of money, goodwill or reputation,
profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly
or indirectly from:
- the content you provide (directly or indirectly) when using the Atome
Services;
- your use of or your inability to use Atome Services or the Atome
Platform;
- delays or disruptions in Atome Services or Atome Platform;
- viruses or other malicious software obtained by accessing or linking to Atome
Services or Atome Platform;
- glitches, bugs, errors, or inaccuracies of any kind in our Atome Services or
Atome Platform;
- damage to your hardware device from the use of any Atome Service or access to
Atome Platform;
- the content, actions, or inactions of third parties, including items listed
using Atome Services or the destruction of allegedly fake items;
- a suspension or other action taken with respect to your account in accordance
with these Terms; or
- your need to modify practices, content, or behavior, or your loss of or
inability to do business, as a result of changes to these Terms or our policies.
- Miscellaneous
- These Terms, as amended from time to time, are effective until you terminate
your Account or in the case of a Customer, until all amounts due under the Purchase Payment Contract are
paid in full or otherwise cancelled or refunded. The following provisions of these Terms shall survive
termination of your use or access to the Atome Services: Clauses 14 (Dispute Resolution), 15 (Applicable
Law and Jurisdiction), 16 (Limitation of Liability), 17 (Indemnification), 18 (Disclaimer of
Warranties), 19 (Miscellaneous), and any other provision that by its terms survives termination of your
use or access to the Atome Services.
- If any provision of these Terms (or any portion thereof) is determined to be
invalid or unenforceable, the remaining provisions of these Terms shall not be affected thereby and
shall be binding upon the parties and shall be enforceable, as though said invalid or unenforceable
provision (or portion thereof) were not contained in these Terms.
- These Terms constitute and contain the entire agreement between you and us with
respect to the subject matter hereof and supersede any prior or contemporaneous oral or written
agreements. You and we acknowledge and agree that the other has not made any representations, warranties
or agreements of any kind, except as expressly set forth herein.
- No failure on our part to exercise and no delay on our part in exercising any
right under the Terms will operate as a release or waiver thereof, nor will any single or partial
exercise of any right preclude any other or further exercise of it.
- Unless indicated otherwise, a person who is not subject to these Terms shall
have no right to enforce or enjoy the benefit of any terms under these Terms.
- Nothing in these Terms shall be deemed to constitute or imply any partnership,
joint venture, agency, fiduciary relationship or other relationship between the Parties other than the
contractual relationship expressly provided for in these Terms.
- Neither Party shall have any liability under or be deemed to be in breach of
these Terms for any delays or failures in performance of these Terms which result from circumstances
beyond the reasonable control of that party, except for payment obligations. The Party affected by such
circumstances shall promptly notify the other Party in writing when such circumstances cause a delay or
failure in performance and when they cease to do so.
- Any references to the collection of, processing and transfer of a Member’s
personal data in these Terms shall be subject to our Privacy Policy which is available at
https://www.atome.hk/en-hk/privacy-policy.
- Questions
- If you have any questions, complaints or claims with respect to the Atome
Services, please contact us at support@atome.hk. We will do our best to
address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to
let us know for further investigation.
ANNEX A: Prohibited Entities, Goods and/or Services
- Anonymous or fictitious entities;
- Any entities and individuals on sanction lists including but not limited to
the such lists maintained by the United Nations or associated with such countries and territories on
such sanction lists;
- Any entities affiliated with terrorists and individuals designated as
terrorists;
- Confidential numbered accounts;
- Entities related to blacklisted persons;
- Shell banks or shell financial institutions;
- Bearer share companies;
- Unlicensed money lending;
- Unlicensed casinos and online casinos;
- Casino cruise ships;
- Unlicensed casino junkets;
- Cryptocurrencies;
- Firearms / weapons;
- Ammunition;
- Drugs, drug paraphernalia and drug test circumvention aids;
- Fireworks and hazardous materials;
- Miracle Cures;
- Currency and FOREX;
- Pornography, obscene and adult content;
- Sexually oriented materials or services;
- Counterfeit and replica goods;
- Items or downloads infringe or violate copyright, trademark, right of
publicity or privacy or any other proprietary right under the laws of any jurisdiction;
- Pyramid or Ponzi scheme, matrix program and other “get rich
quick” schemes;
- Telemarketing and investment scheme;
- Gold;
- Items that promote hatred, racism, religious persecution or contain
offensive content;
- Items encouraging illegal activity;
- Human remains and body parts;
- Unlicensed multi-level marketing;
- Stolen goods including digital and virtual goods;
- Involves the sale of products or services identified by government agencies
to have a high likelihood of being fraudulent; and
- Gambling, or any other activity with an entry fee and a prize, including,
but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other
ventures that facilitate gambling, (whether or not it is legally defined as a lottery) and sweepstakes.