Universal Terms Of Service | One Pacific Trust

PLEASE READ THIS UNIVERSAL TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

1. OVERVIEW

This universal terms of service agreement ("this agreement") is entered into by and between us, One Pacific Trust Limited, and you, and is made effective as of the date of your first use of this website ("this site") or the date of electronic acceptance. This agreement sets forth the general terms and conditions of your use of this site and the products and services purchased or accessed through this site (individually and collectively, the "services"), and is in addition to (not in lieu of) any specific terms and conditions that apply to particular services.

Whether you are simply browsing or using this site to purchase services, your use of this site and your electronic acceptance of this agreement signifies that you have read, understood, acknowledged and agreed to be bound by this agreement, along with the following policies and the applicable product agreements, which are incorporated herein by reference.

The terms "we", "us" and "our" shall refer to One Pacific Trust Limited. The terms "you" and "your" shall refer to any individual or entity who accepts this agreement, has access to your account or uses the services. Nothing in this agreement shall be deemed to confer any third-party rights or benefits.

We may, in our sole and absolute discretion, change or modify this agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this site. Your use of this site or the services after such changes or modifications have been made shall constitute your acceptance of this agreement as last revised. If you do not agree to be bound by this agreement as last revised, do not use (or continue to use) this site or the services. In addition, we may occasionally notify you of changes or modifications to this agreement by email. We assume no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.

2. ELIGIBILITY; AUTHORITY

This site and the services are available only to users who can form legally binding contracts under applicable law. By using this site or the services, you represent and warrant that you are:

(i) at least eighteen (18) years of age;

(ii) otherwise recognised as being able to form legally binding contracts under applicable law; and

(iii) not a person barred from purchasing or receiving the services under the laws of Hong Kong or other applicable jurisdiction.

You further agree to be bound by the terms of this agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the services, whether or not authorized by you.

3. ACCOUNTS

In order to access some of the features of this site or use some of the services, you will have to create an account. You represent and warrant to us that all information you submit when you create your account is accurate, current and complete, and that you will keep your account information accurate, current and complete. If we have reason to believe that your account information is untrue, inaccurate, out of date or incomplete, we reserve the right, in our sole and absolute discretion, to suspend or terminate your account. You are solely responsible for the activity that occurs on your account, whether authorized by you or not, and you must keep your account information secure, including without limitation, your customer number/login, password, payment methods (as defined below), and your PIN. For security purposes, we recommend that you change your password and your PIN for each account at least once every six (6) months. You must notify us immediately of any breach of security or unauthorized use of your account. We will not be liable for any loss you incur due to any unauthorized use of your account. You, however, may be liable for any loss we or others incur in connection with your account, whether caused by you, or by an authorized person, or by an unauthorized person.

4. AVAILABILITY OF WEBSITE/SERVICES

Subject to the terms and conditions of this agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this site and the services twenty-four (24) hours a day, seven (7) days a week. You acknowledge and agree that from time to time this site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this site or the service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.

You acknowledge and agree that you have the necessary rights and permissions to share all information we need to provide the services. You acknowledge and agree that the services may be provided by independent contractors or third-party service providers.

5. GENERAL RULES OF CONDUCT

You acknowledge and agree with the following.

Your use of this site and the services, including any content you submit, will comply with this agreement and all applicable local, state, national and international laws, rules and regulations.

You will not collect or harvest (or permit anyone else to collect or harvest) any user content (as defined below) or any non-public or personally identifiable information about another user, or any other person or entity, without their express prior written consent.

You will not use this site or the services in a manner (as determined by us in our sole and absolute discretion) that:

• is illegal, or promotes or encourages illegal activity;
• promotes, encourages or engages in child pornography or the exploitation of children;
• promotes, encourages or engages in terrorism or violence against people, animals, or property;
• promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
• infringes the intellectual property rights of another user, or any other person or entity;
• violates the privacy or publicity rights of another user, or any other person or entity, or breaches any duty of confidentiality that you owe to another user, or any other person or entity;
• interferes with the operation of this site or the services found on it;
• contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
• contains false or deceptive language, or unsubstantiated or comparative claims, regarding us or our services.

You will not copy or distribute, in any medium, any part of this site or the services, except where expressly authorized by us.

You will not modify or alter any part of this site, the services found on it, or the related technologies.

You will not access One Pacific Trust Limited content (as defined below) or user content through any technology or means other than through this site itself, or as we may designate.

You will not re-sell or provide the services for a commercial purpose, including any of our related technologies, without our express prior written consent.

You agree to provide government-issued photo identification and/or government-issued business identification, as required for verification of identity, when requested.

You are aware that we may from time to time call you about your account, and that, for the purposes of any and all such calls, you do not have any reasonable expectation of privacy during those calls. Indeed, you hereby consent to allow us, in our sole discretion, to record the entirety of such calls regardless of whether we ask you during any particular call for consent to record such calls. You further acknowledge and agree that, to the extent permitted by applicable law, any such recordings may be submitted as evidence in any legal proceedings in which we are a party.

We reserve the right to modify, change or discontinue any aspect of this site or the services including, without limitation, prices and fees for the same, at any time.

6. ADDITIONAL RESERVATION OF RIGHTS

We expressly reserve the right to deny, cancel, terminate, suspend, lock or modify access to (or control of) any account or services for any reason (as determined by us, in our sole and absolute discretion), including, but not limited to, the following.

To correct mistakes made by us in offering or delivering any services

To protect the integrity and stability of, and correct mistakes made by, any of our partners

To comply with court orders against you and any applicable local, state, national and international laws, rules and regulations

To comply with requests of law enforcement, including subpoena requests

To comply with any dispute resolution process

To defend any legal action or threatened legal action without consideration of whether such legal action or threatened legal action is eventually determined to be with or without merit

To avoid any civil or criminal liability on the part of us, our officers, directors, employees and agents, as well as our affiliates, including, but not limited to, instances where you have sued or threatened to sue us

We expressly reserve the right to review every account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those accounts that exceed allowed levels.

We expressly reserve the right to terminate, without notice to you, any and all services where, in our sole discretion, you are harassing or threatening us and/or any of our employees.

7. LINKS TO THIRD-PARTY WEBSITES

This site, and the services found on it, may contain links to third-party websites that are not owned or controlled by us. We assume no responsibility for the content, terms and conditions, privacy policies or practices of any third-party websites. In addition, we do not censor or edit the content of any third-party websites. By using this site, or the services found on it, you expressly release us from any and all liability arising from your use of any third-party website.

Accordingly, we encourage you to be aware when you leave this site, or stop using the services found on it, and to review the terms and conditions, privacy policies and other governing documents of each other website that you may visit.

8. LIMITATION OF LIABILITY

In no event shall we, our officers, directors, employees and agents, and all third-party service providers, be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive or consequential damages whatsoever, including any that may result from the following.

The accuracy, completeness or content of this site

The accuracy, completeness or content of any sites linked to this site (through hyperlinks, banner advertising or otherwise)

The services found on this site or any sites linked to this site (through hyperlinks, banner advertising or otherwise)

Personal injury or property damage of any nature whatsoever

Third-party conduct of any nature whatsoever

Any unauthorized access to or use of our servers and/or any and all content, personal information, financial information or other information and data stored thereon

Any interruption or cessation of services to or from this site or any sites linked to this site (through hyperlinks, banner advertising or otherwise)

Any viruses, worms, bugs, Trojan horses, or the like, which may be transmitted to or from this site or any sites linked to this site (through hyperlinks, banner advertising or otherwise)

Any loss or damage of any kind incurred as a result of your use of this site, or the services found on it, whether based on warranty, contract, tort or any other legal or equitable theory, and whether or not we are advised of the possibility of such damages

In addition, you specifically acknowledge and agree that any action arising out of or related to this site, or the services found on it, must be commenced within one (1) year after the cause of action accrues, otherwise such action shall be permanently barred.

In addition, you specifically acknowledge and agree that in no event shall our total aggregate liability exceed the total amount paid by you for the particular services that are the subject of the action.

The foregoing limitation of liability shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement, or your use of this site or the services found on it.

9. FEES AND PAYMENTS

You acknowledge and agree that we may charge any and all prices and fees to your payment method.

9.1 GENERAL TERM

You agree to pay any and all prices and fees due for services purchased or obtained from this site at the time you order the services. We expressly reserve the right to change or modify our prices and fees at any time, and such changes or modifications shall be posted on this site and be effective immediately without need for further notice to you. If you have purchased or obtained services for a period, changes or modifications in prices and fees shall be effective when the services in question come up for renewal.

For services that offer "Proceed to payment", clicking the Proceed to payment button will automatically place an order for that service and charge the primary payment method we have on file for your account. Confirmation of that order will be sent to the email address we have on file for your account. Your payment method we have on file must be kept valid if you have any active services in your account.

You acknowledge and agree that where refunds are issued to your payment method, our issuance of a refund receipt is only confirmation that we have submitted your refund to the payment method charged at the time of the original sale, and that we have absolutely no control over when the refund will be applied towards your payment method's available balance. You further acknowledge and agree that the payment provider, and/or the individual issuing bank associated with your payment method, establish and regulate the time frames for posting your refund, and that such refund-posting time frames may range from 05 business days to a full billing cycle, or longer.

Except as prohibited in any product-specific agreement, you may pay for services by utilizing any of the following payment methods.

By providing a valid credit card/debit card

Via an electronic cheque from your personal or business current account, as appropriate (and as defined in item 9.2. below)

If for any reason we are unable to charge your payment method for the full amount owed for the services provided, or if we receive notification of a chargeback, reversal or payment dispute, or are charged a penalty for any fee we previously charged to your payment method, you agree that we may pursue all available lawful remedies in order to obtain payment, including, but not limited to, immediate cancellation, without notice to you, of any services registered or renewed on your behalf. We also reserve the right to charge you reasonable administrative fees or processing fees for:

(i) tasks we may perform outside the normal scope of our services;

(ii) additional time and/or costs we may incur in providing our services; and/or

(iii) your non-compliance with this agreement (as determined by us in our sole and absolute discretion).

Typical administrative or processing fee scenarios include, but are not limited to:

(i) customer service issues that require additional personal time or attention; and

(ii) recouping any and all costs and fees, including the cost of services, incurred by us as a result of chargebacks or other payment disputes brought by you, your bank or payment-method processor.

These administrative fees or processing fees will be charged to the payment method we have on file for you.

We may offer product-level pricing in various currencies. However, transaction processing is supported in HKD (Hong Kong dollars) and a select number of currency options, as displayed on this site ("supported currency" or "supported currencies"). If the currency selected is a supported currency, the transaction will be processed in the supported currency and the pricing displayed during the checkout process will be the actual amount processed and submitted to your bank for payment. If the currency selected is not a supported currency, the transaction will be processed in US dollars and the pricing displayed during the checkout process will be an estimated conversion price at the time of purchase. In either case (whether the currency selected is a supported currency or not), if the transaction is processed in a currency that differs from the currency of your bank account, you may be charged exchange-rate conversion fees by your bank. In addition, due to time differences between:

(i) the time you complete the checkout process;

(ii) the time the transaction is processed; and

(iii) the time the transaction posts to your bank statement;

(iiii) the conversion rates may fluctuate.

We make no representations or warranties that:

(a) the amount submitted to your bank for payment will be the same as the amount posted to your bank statement; or

(b) the estimated conversion price will be the same as either the amount processed or the amount posted to your bank statement, and you agree to waive any and all claims based upon such discrepancies (including any and all claims for a refund based on the foregoing).

Refund policy: Our company is committed to customer satisfaction, and therefore, we have a refund policy in place. If Customers are not satisfied with the services provided or change their minds and do not wish to proceed with the order, they can request a refund. To request a refund, customers must contact our support team, and the refund will be processed and issued back to the Customer's payment method. The conditions and deadlines for making the refund will depend on each case and are clearly negotiated in the service contract with Customers. 

However, refunds will only be issued for services that have not been completed. Customers will be charged for a portion of completed services. 

This refund policy is subject to change at any time without prior notice, and by using our services, clients agree to our refund policy as a part of our Terms & Conditions.

9.2. PAY BY CHEQUE (ELECTRONIC CHEQUE)

By using our pay-by-cheque option ("Pay By Cheque"), you can purchase our services using an electronic cheque (from your personal or business current account, as appropriate). In connection therewith, you agree to allow us to debit the full amount of your purchase from your current account.

It is your responsibility to keep your current account valid and funded. You acknowledge and agree that:

(i) we reserve the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your current account no longer existing or not holding available/sufficient funds); and

(ii) in such an event, we shall be liable to you or any third party regarding the same.

If for any reason we are unable to withdraw the full amount owed for the services provided, you agree that we may pursue all available lawful remedies in order to obtain payment.

9.3. CURRENCY CONVERSION

We use USD (US dollar) as the list price for all our services.

Complying with Government requirement, the price of services and products must be converted into HKD (Hong Kong dollar) for any payment made by credit card For transactions involving a currency conversion, rates are derived from the mid-market rate, which is the midpoint between the "buy" and "sell" rates from global currency markets (exchange rate fixed at 1 USD = 7.6 HKD ).

See the mid-market rate at: https://www.xe.com/currencyconverter/convert/?Amount=1&From=USD&To=HKD

The rate may differ due to currency conversion with your local currency.

Your credit-card statement might show HKD (Hong Kong dollar) This term applies only to the credit-card payment option, not for other options like wire transfer/telephonetransfer.

10. INDEMNITY

You agree to protect, defend, indemnify and hold harmless us, and our officers, directors, employees, agents and third-party service providers, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorney’s fees) imposed upon or incurred by us directly or indirectly arising from:

(i) your use of and access to this site or the services found on it;

(ii) your violation of any provision of this agreement or the policies or agreements which are incorporated herein; and/or

(iii) your violation of any third-party right, including, without limitation, any intellectual property or other proprietary right.

The indemnification obligations under this section shall survive any termination or expiration of this agreement, or your use of this site or the services found on it.

11. COMPLIANCE WITH LOCAL LAWS

We make no representation or warranty that the content available on this site, or the services found on it, are appropriate in every country or jurisdiction; and access to this site, or the services found on it, from countries or jurisdictions where its content is illegal, is prohibited. Users who choose to access this site, or the services found on it, are responsible for compliance with all local laws, rules and regulations.

12. INDEPENDENT COVENANTS; SEVERABILITY

Each covenant and agreement in this agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this agreement shall not be affected thereby, and shall be found to be valid and enforceable to the fullest extent permitted by law. 

13. FORWARDING OF MAIL; ONE PACIFIC TRUST LIMITED'S BUSINESS ADDRESS

Under no circumstances are You to list an One Pacific Trust Limited address as Your business address. In the event you list One Pacific Trust Limited’s address as the business address for you or one of the entities on Your Account, One Pacific Trust Limited reserves the right to terminate service for the Account, and You shall not be entitled to any refund. You agree to hold harmless and indemnify One Pacific Trust Limited for any costs or damages related to Your unauthorized use of an One Pacific Trust Limited address as your personal address.

14. DISCLAIMER: Use of this Website

Materials provided on this Website are provided “as is” without warranty of any kind, either expressed or implied, including without limitation warranties of merchantability, fitness for a particular purpose, and non-infringement. One Pacific Trust specifically does not make any warranties or representations as to the accuracy or completeness of any such Materials. One Pacific Trust periodically adds, deletes, changes, improves, or updates the Materials on this Website without notice. Under no circumstances shall One Pacific Trust be liable for any loss, damage, liability or expense incurred or suffered which is claimed to have resulted from the use of this Website, including without limitation, any fault, error, omission, interruption or delay with respect thereto. Use of this Website is at your sole risk. Under no circumstances including, but not limited to, negligence, shall One Pacific Trust be liable for any direct, indirect, incidental, special or consequential damages, even if One Pacific Trust has been advised of the possibility of such damages.

You specifically acknowledge and agree that One Pacific Trust is not liable for any conduct of any user of the Website.

As a condition of use of this Website, you agree to indemnify One Pacific Trust from and against any and all actions, claims, losses, damages, liabilities and expenses arising out of your use of this Website, including without limitation any claims alleging facts that if true would constitute a breach by you of this agreement. If you are dissatisfied with any material on this Website or with any part of this agreement, your sole and exclusive remedy is to discontinue using this Website.

Communications made through the electronic mail and/or messaging capabilities of this Website shall in no way be deemed to constitute legal notice to or from One Pacific Trust or any of its employees, or representatives, with respect to any application or existing or potential claim or cause of action against One Pacific Trust or any of its employees or representatives.

One Pacific Trust does not offer the information on this Website, as financial or professional advice or services and they should not be relied upon as such. This Website should not be used as a sole basis for any decision, action or inaction and is not meant to serve as a substitute for the advice of qualified professionals.

15. CONTACT US

If you have any questions, please contact us by email or regular mail at the following address: