TERMS OF USE

These Terms of Use were updated on the 24th of May 2017 and are effective to all users as of the 24th of May 2017, or earlier for those who expressly stated their acceptance.

IMPORTANT: PLEASE CAREFULLY READ THE FOLLOWING TERMS OF USE. YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ALL OF THESE TERMS IF YOU HAVE CREATED OR USED A PPG ACCOUNT OR HAVE CLICKED AN "I HAVE READ AND UNDERSTOOD" BUTTON WITH RESPECT TO THE USE OF PPG SERVICES.

PREPAID GLOBAL HK LIMITED TERMS OF USE

Welcome to PrePaid Global HK Limited Website (“PPG Website”). Thank you for using our services which are governed by these Terms of Use.

Please read them carefully.

1. About PPG

PrePaid Global HK Limited, a company incorporated under the laws of the People's Republic of China Hong Kong Special Administrative Region with registration number 66516972-000-08-16-3. We are an authorised Money Service Operator (License Number: 17-06-02149) regulated by the Hong Kong Commissioner of Customs & Excise (CCE) under The Anti Money Laundering and Counter-Terrorist Financing (Financial Institutions) Ordinance, Cap. 615 (AMLO) of 2012.

2. Scope of these Terms of Use

2.1 These Terms of Use govern the opening, use and closure of your PPG Account and other related payment services as referred to herein. Together with our Data Protection & Website Privacy Policy, and any other terms and conditions referred to therein, they constitute the legal relationship between you and us. For the use of additional services, you may have to accept additional terms and conditions as notified to you when you are ordering or using such services.

You are advised to print or download and keep a copy of these Terms of Use for future reference.

You can always view the current Terms of Use on our Website at www.prepaidglobal.net

2.2 You are also advised to read the answers to the “Frequently Asked Questions” which are published on our Website.

2.3 Depending on the type of PPG Account you have, additional terms and conditions may apply as communicated to you at the appropriate time.

3. Your Data

3.1 The processing of your data is governed by our “Data Protection & Website Privacy Policy” which can be found on our Website. By accepting these Terms of Use, you also agree to the terms of our Privacy Policy. You should print and keep a copy of the Privacy Policy together with these Terms of Use.

3.2 As a default, you may receive e-mail newsletters that will inform you about new product features, events, promotions, special deals etc. By accepting these Terms of Use, you agree to receive such e-mail newsletters on a regular basis. You can opt out of receiving newsletters by contacting Customer Service. Any e-mail newsletter you receive will also give you the option to unsubscribe from any future newsletter.

4. Liability

4.1 In case of an unauthorized payment or a payment that was incorrectly executed due to an error by us, we shall at your request immediately refund the payment amount including all fees deducted therefrom. This shall not apply:

4.1.1 where the unauthorized payment arises from your failure to keep the personalized security features of your PPG Account safe in accordance with section 6 in which case you shall remain liable for the first 50 USD (or equivalent in the currency of your PPG Account);

4.1.2 if you fail to notify us without undue delay of any loss of your password or other event that could reasonably be expected to have compromised the security of your PPG Account after you have gained knowledge of such event in which case you shall remain liable for losses incurred up to your notification to us;

4.1.3 if the transaction was unauthorized but you have compromised the security of your PPG Account with intent or gross negligence in which case you shall be solely liable for all losses; or

4.1.4 if you fail to dispute and bring the unauthorized or incorrectly executed transaction to our attention within 6 months from the date of the transaction.

4.2 If you have any indication or suspicion of your PPG Account login details, password or other security feature being lost, stolen, misappropriated, used without authorization or otherwise compromised, you are advised to change your password. You must contact Customer Service without undue delay on becoming aware of any loss, theft, misappropriation or unauthorized use of your PPG Account, login details, password or other security features. Any undue delay in notifying us may not only affect the security of your PPG Account but may result in you being liable for any losses as a result. If you suspect that your PPG Account was accessed by someone else, you should also contact your local police and report the incident.

4.3 Without prejudice to the foregoing, you are asked to check the transactions history of your PPG Account regularly and frequently and to contact Customer Service immediately in case you have any questions or concerns.

4.4 In the case of any incorrect or misdirected payment, we shall take reasonable measures to assist you with tracing and recovering such payments.

4.5 Subject to the foregoing, we shall not be liable for any disruption or impairment of our service or for disruptions or impairments of intermediary services on which we rely for the performance of our obligations hereunder, provided that such disruption or impairment is due to abnormal and unforeseeable circumstances beyond our reasonable control or the control of the intermediary affected. While PPG's services provide you with connectivity via the internet, PPG does not and cannot control the flow of information to or from PPG internet data centers to other portions of the internet. Such flow depends in large part on the performance of internet services provided or controlled by third parties. At times, actions or inactions caused by these third parties can produce situations in which PPG's connections to the internet (or portions thereof) may be impaired or disrupted. Although PPG will use commercially reasonable efforts to take actions it deems appropriate to remedy and avoid such events, PPG cannot guarantee that they will not occur.
Accordingly, PPG disclaims any and all liability resulting from or related to such events.

4.6 We shall not be liable to you, any Merchant or third party for any indirect or consequential losses including but not limited lost revenue, lost profits, replacement goods, loss of technology, rights or services, incidental, punitive, indirect or consequential damages, loss of data, or interruption or loss of use of service or of any equipment or materials, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise.
We shall not be liable for any losses arising from our compliance with legal and regulatory requirements.

4.7 Nothing in these Terms of Use shall operate to exclude liability for death or personal injury due to negligence or for fraud or fraudulent misrepresentation or for any statutory liability that cannot be excluded or amended by agreement between the parties.

4.8 Our obligation under these Terms of Use is limited to providing you with an electronic money Account and related payment services and does not make any statement in relation to or endorsement of the quality, safety or legality of any goods or services provided by a PPG customer or intermediary.

4.9 We shall not be liable for the assessment or payment of any taxes, duties or other charges that arise from the underlying commercial transaction between you and another PPG customer.

4.10 Indemnification/re-imbursement. You agree to defend, reimburse or compensate us and hold us and our other companies in our corporate group, our affiliates, shareholders, officers, directors, employees, and agents harmless from and against any and all claims, demands, costs, liabilities, losses, and expenses (including, but not limited to, reasonable attorneys' fees, penalties and fees of experts) arising out of any claim, suit, action, or proceeding, that we incur or suffer due to or arising out of your or your agents' breach of these Terms of Use, breach of any applicable law or regulation and/or use of the services. This provision shall survive termination of the relationship between you and us.

5. Termination and suspension

5.1 We may terminate your PPG Account or any payment service associated with it by giving you two months’ prior notice. You may terminate your PPG Account with us at any time.

5.2 Together with a termination notice or at any time thereafter we may give you reasonable instructions on how to withdraw remaining funds.

5.3 If your PPG Account is subject to a reserve, termination of your PPG Account will not affect our right to hold the reserve and to make deductions therefrom for the time agreed.

5.4 We may at any time suspend or terminate your PPG Account without notice in case:

5.4.1 you breach any condition of these Terms of Use or any other condition applicable to specific services covered by separate terms and conditions;
5.4.2 you violate or we have reason to believe that you are in violation of any law or regulation that is applicable to your use of our services; or
5.4.3 we have reason to believe that you are in any way involved in any fraudulent activity, money laundering, terrorism financing or other criminal activity.

5.5 We may suspend your PPG Account at any time if:

5.5.1 we reasonably believe that your PPG Account has been compromised or for other security reasons; or
5.5.2 we reasonably suspect your PPG Account to have been used or is being used without your authorization or fraudulently; and we shall notify you either prior to the suspension or, if prior notification is not possible under the circumstances, promptly after the suspension unless we are prohibited by law to notify you.

6. Changes to these Terms of Use

6.1 These Terms of Use and any additional terms and conditions that may apply are subject to change. Changes will be implemented with prior notice from us under the procedure set forth in this section.

6.2 We may give notice to you of any proposed change by sending an e-mail to the primary e-mail address registered with your PPG Account or by posting a clear notice on our website or on your PPG Account login page.

6.3 The proposed change shall come into effect one (1) month after the date of the change notice, unless you have given us notice that you object to the proposed changes before the changes comeinto effect. Changes that make these Terms of Use more favorable to you shall come into effect immediately if so stated in the change notice. Changes to exchange rates shall come into effect immediately without notice and you shall not have the right to object to such a change.

6.4 If you object to the changes, they will not apply to you, however, any such objection shall constitute a notice by you to terminate and close your PPG Account.

7. How We Communicate

7.1 We usually communicate to you via e-mail. For this purpose, you must at all times maintain at least one valid e-mail address in your PPG Account profile. You are required to check for incoming messages regularly and frequently. E-mails may contain links to further communication on our Website. Any communication or notice sent by e-mail will be deemed received by you on the same day if it is received in your e-mail inbox before 4.30 pm on a Business Day. If it is received in your email inbox after 4:30pm on a Business Day or at any other time, it will be deemed received on the next Business Day.

7.2 Where legislation requires us to provide information to you on a durable medium, we will either send you an e-mail (with or without attachment) or send you a notification pointing you to information on our Website in a way that enables you to retain the information in print format or other format that can be retained by you permanently for future reference. You are required to keep copies of all communications we send or make available to you.

7.3 You can request a copy of the current Terms of Use or any other contractual document relevant to you by contacting Customer Service.

7.4 In order to view emails, you need a computer with e-mail software that can display e-mails in HTML format. We may also send you attachments in Adobe Systems Inc.’s Portable Document Format (PDF)©, for which you need Adobe’s Acrobat Reader, which can be downloaded for free at www.adobe.com.

7.5 We will communicate to you in English and will always accept communications made to us in English. You can choose your preferred language from the list of supported languages (if applicable) in your PPG Account profile and we may send you automated e-mail notifications and communications or post a message on your PPG Account login page regarding changes to these Terms of Use in your chosen language. Notwithstanding anything in the contrary here, for all communications, we reserve the right to communicate with you in English. Documents or communications in any other languages are for convenience only and shall not constitute an obligation on us to conduct any further communication in that language. The English versions shall be the binding ones.

7.6 Apart from communicating via e-mail, we may contact you via letter or telephone, where appropriate. If you use any mobile services, we may communicate with you via SMS. Any communication or notice sent by post will be deemed received three days from the date of posting for Hong Kong post or within seven days of posting for international post. Any communication or notice sent by SMS will be deemed received the same day.

7.7 You may contact us at any time by sending a message to Customer Service by email to info@prepaidglobal.net 

8. Complaints

8.1 Any complaints about us or the services we provide should be addressed to us in the first instance by contacting Customer Service. You should clearly indicate that you are wishing to make a complaint to us. This helps us to distinguish a complaint from a mere query. We send you a complaint acknowledgement by post or by e-mail within 48 hours of receiving your complaint in accordance with our complaints procedure. You may request a copy of our complaints procedure at any time by contacting Customer Service.

9. Miscellaneous

9.1 No person other than you shall have any rights under these Terms of Use and the provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded.

9.2 Your PPG Account is personal to you and you may not assign any rights under the Terms of Use to any third party.

9.3 Your PPG Account is operated in the People's Republic of China Hong Kong Special Administrative Region and these Terms of Use shall be governed by and interpreted in accordance with the laws of the People's Republic of China Hong Kong Special Administrative Region. Any dispute under these Terms of Use or otherwise in connection with your PPG Account shall be brought exclusively in the courts of the People's Republic of China Hong Kong Special Administrative Region except where prohibited by Hong Kong law.

9.4 If any part of these Terms of Use is found by a court of competent jurisdiction to be invalid, unlawful or unenforceable then such part shall be severed from the remainder of the Terms of Use, which shall continue to be valid and enforceable to the fullest extent permitted by law.

10. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF PPG SERVICES IS AT YOUR SOLE RISK. PPG SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PPG AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

PPG AND PARTNERS DO NOT WARRANT THAT (i) PPG SERVICES WILL MEET YOUR REQUIREMENTS, (ii) PPG SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF PPG SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH PPG SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE  CORRECTED.  ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF PPG SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO  YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PPG OR THROUGH OR FROM PPG SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

11. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT PPG AND PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PPG OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE PPG SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM PPG SERVICES; (iii) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON PPG SERVICES; OR (v) ANY OTHER MATTER RELATING TO PPG SERVICES.

12. EXCLUSIONS AND LIMITATIONS

NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 14 AND 15 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

13. NO WARRANTY

THE PPG SERVICES IS PROVIDED "AS IS," "AS AVAILABLE" AND WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. PPG, AND THE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES AND SUPPLIERS OF PPG, OUR PARENT OR OUR AFFILIATES, (COLLECTIVELY, "PPG PARTIES"), MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER FOR THE  SERVICES OR THE CONTENT, MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE PPG SERVICES USED ON OR ACCESSED THROUGH THE PPG SERVICES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE PPG SERVICES.THE PPG PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PPG SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. THE PPG PARTIES SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS OR THE PPG SERVICES. THE PPG PARTIES SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. PPG DOES NOT HAVE ANY CONTROL OVER THE PRODUCTS OR SERVICES THAT ARE PAID FOR WITH THE PPG SERVICES. PPG IS NOT RESPONSIBLE FOR THE QUALITY, PERFORMANCE, OR ANY CONSEQUENTIAL RESULTS OF THE PRODUCTS AND OR SERVICES PURCHASED DURING THE TRANSACTIONS. PPG CANNOT ENSURE THAT A MERCHANT YOU ARE DEALING WITH WILL ACTUALLY COMPLETE THE TRANSACTION OR IS AUTHORIZED TO DO SO. PPG DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF THE PPG SERVICES, AND OPERATION OF THE PPG SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. PPG WILL MAKE REASONABLE EFFORTS TO ENSURE THAT REQUESTS FOR ELECTRONIC DEBITS AND CREDITS INVOLVING BANK ACCOUNTS AND CREDIT CARDS ARE PROCESSED IN A TIMELY MANNER BUT PPG MAKES NO GUARANTEES OR WARRANTIES REGARDING THE AMOUNT OF TIME NEEDED TO COMPLETE PROCESSING BECAUSE THE PPG SERVICES ARE DEPENDENT UPON MANY FACTORS OUTSIDE OF OUR CONTROL, SUCH AS DELAYS IN THE BANKING SYSTEM. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

14. Definitions

Various terms in these Terms of Use have a defined meaning as follows:

“Business Day” means any day other than a Saturday or a Sunday or a public or bank holiday in Hong Kong;

“Customer Service” means our customer service, which you can reach by sending a message by email to info@prepaidglobal.net 

“Fees” shall mean the charges payable by you to us for using our services as detailed on our website and subject to change as set forth in these Terms of Use;

“Merchant” shall mean any commercial or business entity that (i) accepts cards displaying the MasterCard®/Visa® acceptance symbol as payment (where a Card Transaction is concerned) or (ii) is validly registered with PPG to accept Transactions from your PPG Account;

“PPG” shall mean PrePaid Global HK Limited, a company incorporated under the laws of the People's Republic of China Hong Kong Special Administrative Region with registration number 66516972-000-08-16-3. We are an authorised Money Service Operator (License Number: 17-06-02149) regulated by the Hong Kong Commissioner of Customs & Excise (CCE) under The Anti-Money Laundering and Counter-Terrorist Financing (Financial Institutions) Ordinance, Cap. 615 (AMLO) of 2012.

“PPG Account” shall mean the PPG Account you open and maintain through the PPG Website including but not limited to any ancillary services (e.g. prepaid cards, Membership Programs, Submerchant and ResellerPrograms);

“PPG “eWallet-to-eWallet” money transfer” means the money transfer service further details of which can be found on the PPG Website;

“PPG Website” or “Website” shall mean the website available at https://www.prepaidglobal.net

“Payment” shall mean any of the following: (i) any payment made using your PPG Account or card; (ii) the debiting of an amount of electronic money from your PPG Account and the concurrent crediting of such amount to a Merchant Account, or another PPG Account holder, as designated by you (including by way of Subscription Billing); or (iii) the crediting of an amount of electronic money to your PPG Account and the concurrent debiting of a Merchant Account, or another PPG Account holder’s Account;

“Privacy Policy” is the PPG's policy governing the processing of personal data which is available on the Website, as may be amended from time to time;

“Subscription Billing” shall mean a service whereby PPG Account holder requests that regular Payments be made from his/her/its PPG Account at specified intervals to an online Merchant;

“Terms of Use”, shall mean these PPG Account Terms of Use, published on the Website and as may be amended from time;

“We”, “us”, “our” shall mean PPG;

“You”, “your” shall mean you, the natural person or legal entity in whose name the PPG Account is opened and maintained.