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

1. Parties to these Terms

1. 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”).  
2. 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.
3. 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.
4. By clicking to accept these Terms, you are deemed to have executed these Terms electronically.

2. Atome Services

1. 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”.

2. 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:

1. take part in the performance of the Merchant’s obligations in the transaction;

2. own, create, engineer, manufacture, sell, resell, provide, control, manage, offer, deliver, transfer or supply any Merchant Services;

3. provide insurance of any kind in connection with the Merchant Services; or

4. 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.

3. THE PARTIES ACKNOWLEDGE THAT:

1. THE MERCHANT IS SOLELY RESPONSIBLE FOR ANY LIABILITIES INCURRED AND OBLIGATIONS ARISING FROM AND IN CONNECTION WITH THE PROVISION OF THE MERCHANT SERVICES; AND

2. 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.

4. 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.

5. 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.

3. Eligibility; Account Creation; Member Verification

1. Eligibility of Customer.

1. 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:

1. he is an individual who is at least eighteen (18) years old;

2. he is capable of entering into a legally binding contract;

3. the email address and mobile telephone number provided are valid and verifiable, and he has sole control over them;

4. the physical residential and delivery address provided are true and genuine; and

5. 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”).

2. Eligibility of Merchant.

1. 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:

6. it is a duly incorporated and validly existing business, organization or other legal entity in good standing;

7. it is capable of entering into a legally binding contract;

8. the email address provided is valid and verifiable;

9. the physical place of business and delivery address provided are valid and accurate;

10. it is an authorised holder of an eligible debit card, credit card or other Payment Method; and

11. 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”).

3. 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.

4. Account.

1. 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”.

2. Each Member may only hold one Account in its capacity as a Customer or Merchant. 

3. Each Member agrees to:  

12. 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”);

13. your access to Atome Services or Atome Platform may be suspended until the requested Registration Data is provided;

14. 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;

15. 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));

 

16. 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;

 

17. 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;

18. be fully responsible for all use of your Account and for any actions that take place using your Account;

19. 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;

20. 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”);

21. 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

22. comply with all our policies which we notify you from time to time.

4. 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.

5. Verification and Other Checks.

1. 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.

2. 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.

3. 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).

6. 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.

4. Payment Details

1. Customer’s Payment Methods

5. When opening an Account, a Customer will be required to:

1. identify a Payment Method for the Customer’s Account by providing the Payment Method;

 

2. 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

3. 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.

6. 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.

7. 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.

2. Merchant’s Payout Bank Account

1. 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.

2. 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.

5. Account Suspension

1. 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:

 

8. suspend or deactivate a Customer’s Account if any instalment payment pursuant to the Instalment Payment Structure is not received for whatever reason; and

9. close or permanently terminate a Member’s Account if:

1. we become aware that you have breached any terms in these Terms;

2. 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

3. 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.  

2. 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.

3. 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.

4. Reactivation of Customer’s Account

1. 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.  

2. 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.

3. 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.

5. 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.

6. Account Termination

1. 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.

2. Your request to close your Account will be denied if:

10. 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;

11. you are subject to an investigation, including in relation to the use of Atome Services or the Instalment Payment Structure; or

12. 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,

3. 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.

7. Prohibited Activities

3. 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”).

4. 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:

13. breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or agreements with us, including these Terms;

14. provide false, inaccurate or misleading information to us;

15. provide information belonging to any person other than yourself;

16. use an Account that belongs to another person for yourself or on behalf of another person unless expressly authorised;

17. 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;

18. 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;

19. 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

20. open or use multiple Accounts.

8. Refunds

5. 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.

6. 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.

7. 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.

8. Atome reserves the right to charge administrative fees to handle the refund.

9. Promotional Credits

9. 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”).

10. 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.

10. Intellectual Property

11. 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.

12. If you believe that your intellectual property rights have been infringed, please contact us at support@atome.hk.

13. 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.

11. Trademark Notices

14. 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.

12. Transfers or Assignments

15. You shall not transfer or assign any rights and obligations you may have under these Terms without our prior written consent.

16. 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. 

13. Changes to these Terms

17. 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.  

18. You may not amend these Terms.

14. Dispute Resolution

19. 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:

21. issue a written notice of the Dispute (“Notice”) to the other Party; and

22. attempt to resolve such Dispute for at least thirty (30) calendar days upon receipt of such Notice.

20. 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.  

21. All Notices must include:

23. name of the Party issuing the Notice;

24. Account information, including the login name of the Account of the Party issuing the Notice;
    
25. a brief description of the Dispute; and

26. contact information of the Party issuing the Notice.

22. 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.

23. 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.

15. Applicable Law and Jurisdiction

24. 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.

16. Limitation of Liability

25. 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.

26. 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.

17. Indemnification

27. 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:

27. your access to, use of, or inability to use your Account or the Atome Services;

28. your breach or alleged breach of these Terms;

29. 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;

30. inability to repay your debts or any amounts due;

31. your violation of any applicable law; or

32. 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.

28. 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.

18. Disclaimer of Warranties

29. 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.

30. ATOME DOES NOT WARRANT OR GUARANTEE THAT:

33. THE ATOME SERVICES ARE ACCURATE, RELIABLE OR CORRECT;

34. THE ATOME SERVICES WILL MEET YOUR REQUIREMENTS OR FIT FOR PURPOSE;

35. THAT THE ATOME SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT OR SECURE;

36. ANY DEFECTS OR ERRORS WILL BE CORRECTED; AND

37. 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.

31. 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;

32. 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.

33. 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:

38. the content you provide (directly or indirectly) when using the Atome Services;

39. your use of or your inability to use Atome Services or the Atome Platform;

40. delays or disruptions in Atome Services or Atome Platform;

41. viruses or other malicious software obtained by accessing or linking to Atome Services or Atome Platform;

42. glitches, bugs, errors, or inaccuracies of any kind in our Atome Services or Atome Platform;

43. damage to your hardware device from the use of any Atome Service or access to Atome Platform;

44. the content, actions, or inactions of third parties, including items listed using Atome Services or the destruction of allegedly fake items;

45. a suspension or other action taken with respect to your account in accordance with these Terms; or

46. 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.

19. Miscellaneous

34. 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.

35. 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.

36. 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.

37. 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.

38. 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.

39. 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.

40. 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.

41. 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.

20. Questions

42. 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

1. Anonymous or fictitious entities;
2. 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;
3. Any entities affiliated with terrorists and individuals designated as terrorists;
4. Confidential numbered accounts;
5. Entities related to blacklisted persons;
6. Shell banks or shell financial institutions;
7. Bearer share companies;
8. Unlicensed money lending;
9. Unlicensed casinos and online casinos;
10. Casino cruise ships;
11. Unlicensed casino junkets;
12. Cryptocurrencies;
13. Firearms / weapons;
14. Ammunition;
15. Drugs, drug paraphernalia and drug test circumvention aids;
16. Fireworks and hazardous materials;
17. Miracle Cures;
18. Currency and FOREX;
19. Pornography, obscene and adult content;
20. Sexually oriented materials or services;
21. Counterfeit and replica goods;
22. Items or downloads infringe or violate copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction;
23. Pyramid or Ponzi scheme, matrix program and other “get rich quick” schemes;
24. Telemarketing and investment scheme;
25. Gold;
26. Items that promote hatred, racism, religious persecution or contain offensive content;
27. Items encouraging illegal activity;
28. Human remains and body parts;
29. Unlicensed multi-level marketing;
30. Stolen goods including digital and virtual goods;
31. Involves the sale of products or services identified by government agencies to have a high likelihood of being fraudulent; and
32. 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.