This HyperAir Service Agreement forms a legally binding agreement between the Company and the User for the use of the Platform. This HyperAir Service Agreement applies to the User’s access to, and use of any services and properties including but not limited to the website and mobile application owned and operated by the Company. Unless and until the User agrees to be bound by this HyperAir Service Agreement, no service will be rendered by the Company.
Definitions
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In these terms and conditions, unless the context otherwise requires:
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“Company”
means HyperAir Incorporation Limited (Hong Kong Company); -
“Company’s Materials”
means any Content, information or materials made available, posted or displayed by the Company via the Platform (including but not limited to information, data, documents, images, photographs, graphics, audio, videos, etc.); -
“Exchange Rate”
means the rate displayed for the specific Service in the Platform from time to time; -
“Exchanged Currency”
means the currency exchanged from another currency at the Exchange Rate; -
“Materials”
mean the Company’s Materials and the Shop’s Materials; -
“Content”
has the meaning given in paragraph 31; -
“FX Price”
means the payment made by the User in consideration for exchange the same to a specified currency at the Exchange Rate; -
“FX Service”
means the supply of Exchanged Currency and/or make physical delivery of Exchanged Currency by the Shop to the User as agreed at the Platform; -
“Parties”
means the Company and the User; -
“Platform”
means the HyperAir mobile application and/or the Website www.hyperair.com operated by the Company; -
“QR Code”
means a two-dimensional bar code generated from the Platform; -
“Reward Points”
means credits that can be redeemed for subsequent transaction with designated Shop via the Platform; -
“Shop”
means money service operator that provides the FX Service to the User via the Platform; -
“Shop’s Materials”
mean any content, information or materials made available, posted or displayed by the Shop via the Platform (including but not limited to the Scheduled Time, Exchange Rate and the FX Price); -
“Scheduled Time”
means the date and time the FX Service is scheduled to be provided (ie. the scheduled time to pick up the Exchanged Currency); -
“User”
means any person or corporation that requests for the FX Service via the Platform.
In these Terms and Conditions, the masculine gender shall include the feminine and neutral and the singular numbers shall include the plural and vice versa. -
“Company”
Use of the Platform
- To use this Platform, the User is required to provide any information required by the Company for registration. See our Privacy Policy.
- Unless and until the User provides all information required by the Company for registration, no account will be registered and created for the User.
- User will be provided with login details upon successful registration. User agrees to keep the login details confidential, not to disclose the login details to any other person and not to permit any other person to log in using his own login details, without prior consent of the Company.
- The use of the Platform is free of charge. The User acknowledges and agrees that the Company shall have the absolute discretion to charge the User for providing the Platform, provided that the Company shall make available in the Platform a 3-day prior notice by email for the new charging policy.
- The User hereby acknowledges and agrees that the Platform only acts as an intermediary between the User and the Shop. The Company does not provide the FX Service, nor does it act as the agent, contractor or partner of the User or the Shop.
- The User shall negotiate and reach their own transactions, agreements and/or arrangements with the Shop in relation to the FX Service. The Company has no way of knowing if any particular FX Service is reliable. The User shall be responsible for knowing whether the Service is erroneous or suspicious. If the User is unsure whether a FX Service is illegal, improper, erroneous or suspicious, the User shall make its own examination or investigation. The Company will not participate in any negotiation between the Shop and the User and its role is no more than (i)transmitting User’s instructions and information to the relevant Shop and (ii) transmitting confirmation messages to the User on behalf of the Shop.
- The User acknowledges that the Shop is solely responsible for the FX Service, returns and for any ancillary services provided by the Shop to the User. The User understands that the Shop shall be directly responsible for handling all claims, disputes or complaints made by the User. Any claims, disputes or complaints arising from the FX Services shall be resolved directly with the Shop and the User. The Company, its shareholders, directors, officers, employees, agents, consultants, and successors in title will not participate in any complaint made by the User and any disputes between the Shop and the User and shall not be liable for any claims, losses and/or of the User in relation to the FX Service and any ancillary services provided by the Shop to the User.
- All transaction, information and/or Content provided through this Platform shall not constitute any advice, suggestion and/ or recommendation by the Company.
Payment and Pick up of Exchanged Currency
- In consideration of the FX Service provided by the Shop, the User shall upon arrival of the Shop’s specified address, pay the full FX Price in cash to the representative of the Shop.
- The User should review and/or confirm all the descriptions and information of the FX Service before the User makes any payment, including but not limited to the Exchange Rate, FX Price, Scheduled Time, and the terms and conditions specified by the Shop (if any).
- If the transaction is confirmed, the Platform will generate a QR code in the User’s account.
- User shall present the specific QR code to the Shop before he picks up the Exchanged Currency.
- User shall arrive the shop for pick up before the Schedule Time, or else such transaction will be cancelled.
Cancellation, Return and Refund Policy
- Unless otherwise set out in these Terms and Conditions, all FX Price and product purchase are non-refundable.
Reward Points
- Subject to Company’s discretion, the Company may (not obligation) operate one or more reward schemes from time to time in which User may be entitled to earn Reward Points for transactions with designated Shop on the Platform.
- Such Reward Points may (not obligation) be redeemed to obtain a benefit when User enters into a subsequent transaction with designated Shop on the Platform, the conditions of which are stated in the Platform and will be revised and updated from time to time without prior notice.
- No Reward Points will be returned to User if any Reward Points are lost due to any reason, including but not limited to the de-activation, suspension and/or or termination of account by the User or the Company, or the errors or defects of the Platform and/or User’s mobile device or computer.
- Reward Points are not transferable and not redeemable for cash.
HyperMiles
- HyperAir Incorporation Limited (“HyperAir”) has the absolute right to change, suspend or terminate the HyperMiles Reward Scheme at any time without giving prior notice to the customers in its sole discretion
- All matters and disputes are subject to the final decision of HyperAir
Content Generated by the User
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The User agrees that all Content and information posted by the User, with the exception of certain personal data as specified on our Privacy Policy, on the Platform, including but not limited to:
- ratings and reviews,
- photographs or images,
- comments, questions and/or answers; or
- any other Content (collectively, "Content")
may be viewed by the Shop and/or general public and will not be treated as private, proprietary, or confidential. - The User authorizes the Company and the Company’s affiliates, licensees and sub-licensees, without compensation to the User or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, the User waives and releases and covenants not to assert any moral rights that the User may have in any Content posted or provided by the User.
- By uploading, posting, or otherwise sending or transmitting Content to the Platform/Company, the User represents and warrants to the Company that he owns or has all necessary rights to use the Content. In addition, if the User posts or otherwise provides any Content that is protected by copyright, the User represents that he has obtained any necessary permissions or releases from the applicable copyright owner.
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By uploading, posting, or otherwise sending or transmitting any Content to the Platform, the User represents and warrants to the Company that the Content: -
- is not harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing;
- does not contain viruses, trojan horses, worms, time bombs, cancel bots, easter eggs or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware associated with the Platform;
- does not impose an unreasonable or disproportionately large load on our computer infrastructures, systems or networks;
- does not infringe upon or violates any third party’s rights or may constitute a harassment of another person; and/or
- may not potentially subject the Company to any criminal or civil liability.
- The User agrees not make any negative, denigrating or defamatory statement or comment against the Company, its brand name, its domain name, including but not limited to “HYPERAIR”, “HyperAir” or otherwise engages in any conduct or action that might tarnish our image or reputation.
- The Company shall have rights to edit, refuse to post or remove any Content posted by the User on the Platform without prior notice.
Representations, Warranties and Undertakings
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The User hereby represents and warrants that: -
- the User is at least 18 years old and can form legally binding contracts under applicable law;
- the User has not been refrained from entering into this Agreement;
- all the User’s Materials are true, accurate, updated and complete;
- the payment of the FX Price by the User to the Shop is not invalid and/or will not in breach of any laws and regulations in Hong Kong;
- the User will not use the Platform and/or the FX Service for unlawful purposes and ensures that the User’s access to, or use of, the Platform and the FX Service is not illegal or prohibited by law;
- all the Content including but not limited to information, data, Content, photographs and details provided by the User are true, accurate, updated and complete; and
- the User owns or has all necessary rights to use the User’s Materials and the Content, or if the User’s Materials and/or Content are protected by copyright, the User has already obtained any necessary permissions or releases from the applicable copyright owner.
The User hereby undertakes to comply with all applicable laws, rules and regulations from time to time in force in relation to the FX Service, including but not limited to the Anti-Money Laundering and Counter-Terrorist Financing (Financial Institutions) Ordinance (CAP 615), and not to use the Platform in any illegal or immoral means. -
The User hereby undertakes not to use or allow to use the Platform in the following ways:-
- engaging in any illegal or immoral activities (including but not limited to money laundering activities);
- using the Platform to share inappropriate Content or material;
- engaging in any activity that is false or misleading, i.e. impersonating someone else;
- infringing the rights of any third parties or posing or distributing any defamatory Content or materials;
- engaging in activity that violates the privacy of any third parties; or
- interfering with or disrupting (or attempt to interfere with or disrupt) any servers or networks connected to the Platform.
Intellectual Property
- The Platform is owned and operated by the Company. All trademarks, copyright, database rights, and other intellectual property rights of any nature in connection with the Platform, including but not limited to the Company’s Materials and the underlying software code are owned directly by Company, save and except those otherwise mentioned hereinbelow. The User shall not resell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download, reverse engineer, disassemble, decompile, translate, reproduce any content or information of the Platform or otherwise create derivative works of any kind whatsoever for any commercial or competitive activity or purpose.
- The Materials procured from a third party may be the subject to copyright owned by that third party. The User shall not use any such Materials without prior consent from their respective owner. The User acknowledges that all company, product and service names used in the Platform are for identification purposes only. Use or display of these names, logos, and brands does not imply endorsement.
Limitation of Liability and Disclaimer
- The Company does not provide the FX Service and is not a party to any transaction the User may enter into with the Shop. The Company merely provides a Platform that enables Users to search, compare the rates and check the booking and payment information offered by the Shop and to make orders directly with the selected Shop. By making a currency exchange order to a Shop through the Platform, User will enter into a legally binding contractual relationship with the Shop that the User has chosen.
- Any quotation and related information displayed on Platform are provided to Company by Shop and they are solely and fully responsible for such information. The Company may also provide User with other information such as quotations obtained from third parties other than the Shop solely for User’s reference and comparison purposes.
- The Company does not represent or warrant that the Materials in the Platform are correct, accurate, reliable, updated or completed. The User is responsible for the use of any Materials obtained from the Platform. The User should make his own enquiries to check if the Materials on the Platform is accurate, complete, reliable, updated, completed and suitable for the User’s intended use. All Materials are of a general nature only and are not intended to constitute professional advice. The Platform may contain information that includes the views or recommendations of others that are not necessarily the Company’s views.
- While the Company take steps to vet Shop before allowing them to use the Platform and that the Company uses reasonable endeavours to ensure that the Shop are appropriately licensed to provide User with the FX Service, such verification is based on the information provided to the Company by the Shop. The Company is unable to warrant or confirm that the Shop is who it claims to be or that the Shop has obtained and/or maintained all the necessary licence required for providing FX Service. The Company cannot and do not assume any responsibility for the accuracy or reliability of the identity or background check or any information provided by the Shop. The Company does not represent or warrant the validity or legality of the Shop, the FX Service and/or the bank note provided by the Shop. Moreover, the aforementioned screening procedures are performed solely at the time the Shop registers on the Platform, and the information provided may change and expire over time. While the Company requires the Shop to provide updated, current and accurate information in their profiles, the Company is under no obligation to update or to ensure that the information provided by the Shop is accurate, current, and truthful. The User is advised to verify the information presented in the professional profile of the Shop before reserving any FX Service using the Platform.
- The Company does not prescreen or approve all quotes made by Shop and the inclusion of any Shop on the Platform does not represent a recommendation by the Company. The Company does not guarantee the Exchange Rate offered by the Shop is at the market level or is the lowest in the market.
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The Company does not represent or warrant that:
- the Platform is compatible with the User’s mobile device or computer;
- the Platform is free of errors, defects, malware and viruses; and
- any electronic files available through the Platform will be free of any computer virus, trojan, worm or other computer code that, directly or indirectly, is harmful or disabling or which assists in or enables unauthorized access to or corruption of data.
- The User acknowledges that despite all reasonable precautions on the Company’s part, there is a risk of unauthorized access to, or alteration of, the User’s transmissions of data or of information contained on the User’s mobile phone or computer system or on the Platform. To the maximum extent permitted by law, the Company accepts no liability for any loss and damage which the User may suffer or incur as a result of the aforesaid matters.
- The Platform is provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus. The Company makes no representations or warranties or endorsements of any kind whatsoever, express and implied, as to the Platform, the Materials or the FX Service. The Company specifically disclaims all warranties and liabilities with respect to loss, loss of use or corruption of any User’s content. The User uses the Platform at his own risk.
- In no event will the Company, its shareholders, directors, officers, employees, agents, or consultants be liable for any direct, indirect, incidental, special, punitive, exemplary, or consequential losses or damages of whatsoever kind arising from or in connection with: (a) the User’s access to, or use of, the FX Service, the Platform and/or any Materials; (b) any decision or action taken by the User in reliance on any Materials; or (c) any error or defect in the Platform or the FX Service, including loss of profit or tort (including negligence), product liability, or otherwise.
Indemnification
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The User shall indemnify, defend, and hold harmless the Company, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all claims, losses, damages, demand of liability, costs, including attorneys’, investigators’, and experts’ (or similar) fees, disbursements and all expenses incurred, in connection with: -
- any negligent acts, omissions or willful misconduct by the User;
- User’s access to and use to the Platform;
- User’s inability to use the Platform;
- the uploading or submission of any User’s Materials by the User;
- any dispute between the User and any other User(s);
- the User’s violation of these Terms and Conditions;
- the User’s violation or infringement of any rights of any third party, including but not limited to the intellectual property rights; or
- the User’s violation or infringement of any laws or regulations (including but not limited to Anti-Money Laundering and Counter-Terrorist Financing (Financial Institutions) Ordinance) (CAP 615).
Termination
- The Company may terminate these Terms and Conditions by giving a 7 days’ notice to the User by email without giving any reasons and compensation.
- The Company may terminate these Terms and Conditions immediately if the User breaches any provision of these Terms and Conditions.
- Termination of these Terms and Conditions will not affect those provisions that are capable of surviving termination of these Terms and Conditions.
Suspension or Cancellation of User Account and Change of the Platform
- If the User breaches any terms contained herein, without prejudice to any other remedies available to the Company, the Company shall have right to immediately suspend the account of any User and all the services provided by the Platform without any prior notice.
- The Company may, at its sole discretion, terminate these Terms and Conditions, suspend or cancel any user account created by the User on the Platform and the User’s access to all or part of the Platform at any time without the need to provide reasons and any prior notice.
- The Company shall have right to refuse to re-activate any account of the User without the need to provide reasons and any prior notice.
- The User agrees that the Company may change, suspend or discontinue any aspect of feature of the Platform, including but not limited to any feature, database or content on the Platform at any time without any prior notice.
Third Party Links
- The Platform may contain links and pointers to other World Wide Web sites, resources, and advertisers of the Platform, links to and from the Platform to other mobile applications or sites, maintained by third parties, do not constitute an endorsement by the Company or any affiliate of any third-party site or content. The Company is not responsible for the availability of these third-party resources, or their Content. The Company has not reviewed any or all of the mobile applications or sites linked to the Platform and is not responsible for the content of any third-party pages or any other mobile applications or sites linked to the Platform. The User’s linking to other third-party sites is at his own risk. By clicking on any such link, the User acknowledges that the Platform has no control over and makes no representations of any kind with respect to, such other mobile applications, sites or any content contained within such other mobile applications or sites, and the User hereby revokes any claim against the Company with respect to such other sites. The User should direct any concerns regarding any external link to its mobile application or site administrator or Webmaster.
Miscellaneous
- These Terms and Conditions embodies all the terms and conditions agreed upon between the Parties as to the subject matter of the Terms and Conditions and supersedes and cancels in all respects all previous correspondence, understandings and agreements between the Parties with respect to the subject matter hereof, whether such be written or oral.
- The failure of any party hereto at any time to require performance or observance by any other party of any provision of these Terms and Conditions shall in no way affect the right of such first party to require performance of this provision and any waiver by any party of any breach of any provision of these Terms and Conditions shall not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself or a waiver of any right under these Terms and Conditions.
- If any of the provisions in these Terms and Conditions are deemed invalid, illegal, prohibited, void, or for any reason unenforceable, that provision will be ineffective and deemed severable and will not affect the validity and enforceability of the remaining provisions of these Terms and Conditions.
- The Contracts (Rights of Third Parties) Ordinance (Cap. 623) shall not apply to these Terms and Conditions and unless specifically herein provided no person other than the parties to these terms and conditions shall have any rights under it nor shall it be enforceable by any person other than the parties to it. The rights of the parties to terminate, rescind, or agree to any amendment, waiver, variation and/or settlement under or relating to these Terms and Conditions are not subject to the consent of any third party.
- Unless specified otherwise herein, all notices must be in writing and addressed to the other party’s email address. The notice will be deemed given when verified by automated receipt or electronics lots.
- Should there be any differences or inconsistencies between these Terms and Conditions and other Content in the Platform, these Terms and Conditions shall prevail.
- Should there be any differences or inconsistencies between the Chinese version and English version of these Terms and Conditions, the English version shall prevail.
- These Terms and Conditions are governed by and shall be construed in all respects in accordance with the laws of the Hong Kong Special Administrative Region all the parties hereto hereby submit to the exclusive jurisdiction of the Hong Kong courts in connection with any matters arising hereunder.
Effective Date
- These Terms and Conditions of Use is effective from July 1, 2018.
Contact the Company
- Please contact the Company at [email protected] for any questions or comments regarding the Platform.
