Terms and Conditions
Effective Date: 21 January 2019
The terms "JETCO", "we", "our" and "us" as used herein refer to the Joint Electronic Teller Services Ltd. JETCO is the sole operator and administers the web page situated at https://www.apix.com.hk ("the Website").
The terms "you", "your", "yours" and "user" refer to all individuals, parties corporations and/or any other entities accessing the Website for any reason and/or any purpose whatsoever whensoever and wheresoever.
The term "Contents" refers to all or any of the data, texts, buttons icons, links, HTML codes, trademarks, softwares, music, audio and/or visual information, photographs, graphics, pictures, series of moving pictures, (animated or otherwise), movies, merchandises, products, advertisements, services or any compilation collection combination of all and/or any of the items mentioned above and/or any other contents materials and/or information displayed on the Website or any page thereof. Unless otherwise indicated, we either own all intellectual property rights of the Contents, or have the authority of the respective owners of all intellectual properties of all items of the Contents to display, upload or download the same on or from the Website.
By accessing and using the Website and/or any page thereof, including but not limited to downloading any data or using any service through the Website, you have agreed to comply with all the terms and conditions set out below ("the T&C"). By your continuing to use the Website in any manner whatsoever, you have also agreed to the T&C as to be updated and revised by us at our absolute discretion from time to time by posting any revised version on the Website.
If you do not accept the T&C, you are prohibited and should not access the Website at all or use any of the Contents in any manner.
Trademarks and Copyright
"JETCO", "銀通", "銀聯通寶", "繳費易", "JETCO Pay" and "APIX" are our trademarks and service marks. We own the trademarks, logos and service marks ("the Marks") and copyright of all the Contents. Nobody or any user of the Website is allowed to use any of the Marks or Contents without our prior written consent. We reserve all rights to take criminal and/or civil actions as may be advised against any person, corporate or entity for infringing any of our rights regarding the Marks or Contents.
You have further agreed that we have the exclusive rights to use, disclose, adopt and modify any information provided by you to us relating to the Website at our sole discretion without notice or any consideration (pecuniary or otherwise) at all.
While most strenuous efforts have been made in preparing the Contents, all services or items thereof are provided to you solely on an "as is" basis without any implied or express warranty or representation of any kind whatsoever. It is hereby emphasized there is no representation or warranty regarding the merchantability, quality or fitness of any items of the Contents for any particular purpose. There is also no warranty of any kind regarding the accuracy or entirety of any items of the Content.
Under no circumstance shall we be liable for any loss, damage, liability or expense incurred, suffered or arisen or is claimed to have resulted from the use of the Contents including, but not limited to any fault, error, omission, interruption or delay occured when using the Website.
Links to Third Party Websites
Some of the links on the Website may lead to other internet sites or other resources. The linked sites are not under our control and we have not reviewed or investigated in any way the information of any such linked sites. There is no express or implied representation or warranty on our part regarding the Contents of any linked site or any other links in such a linked site. We provide these links only for your convenience but at your own risk. The inclusion of any link on the Website does not imply our endorsement, representation or warranty on the use of such links at all. You are deemed to have irrevocably waived any claim against us for any loss or damage suffered resulting from any access to or interaction with any other websites through the Website
We may, at our sole discretion, periodically add, delete, change, amend or update the Website and/or the Contents without prior notice.
We may, at our sole discretion, revise the terms of the T&C at any time and from time to time without prior notice.
No act, delay or omission by us shall affect our rights, powers and remedies under the T&C or any further or other exercises of such rights, powers or remedies. The rights and remedies under the T&C are cumulative to and not exclusive of the rights and remedies provided by any applicable law.
If any provision of the T&C is not or ceases to be legally binding and enforceable, it shall not affect the legality, binding effect or enforceability of any other provisions of the T&C.
Access to the Website
We reserve the right to deny at our sole discretion any user's access to the Website or any of the Contents without any prior notice.
Applicable Law and Jurisdiction
The T&C shall be governed and construed by the laws of the Hong Kong Special Administrative Region ("Hong Kong") and subject to the exclusive jurisdiction of the Courts of Hong Kong.
In case there is any discrepancy between the English and Chinese versions of the T&C, the English version shall prevail.
If you have any question about the T&C or, our practices or any further information regarding the Website, please contact us.
Address: 35/F, Sunlight Tower, 248 Queen's Road East, Wanchai, Hong Kong
Effective Date: 1 January 2019
Welcome to APIX!
1. OUR SERVICES
APIX provides a comprehensive one-stop-shop of a variety of APIs provided by API providers (“API providers”, or each or any one of them, an “API provider”) to help you access a wide range of information. APIX will transform your business by improving agility to meet customer demands rapidly and collaborate easily while ensuring security for digital assets with policy-driven APIs.
2. USER ACCOUNT
If you wish to become an API consumer on APIX, you will need to first apply for a user account on the JETCO operated sandbox developer portal (“Sandbox”).
You must test each of your Apps (defined below) in the Sandbox before using live production data or functionalities.
After testing each of your Apps in the Sandbox, you may wish to gain access to live production data and functionalities. To do so, you will need to complete a simple registration process with us. We may require additional information to be submitted by you in the registration process. We will pass the information we obtain from you to relevant API provider(s) who will then decide on whether or not to grant you access of the live production data and functionalities you wish to access.
Live production data and functionalities are for commercial use only.
API providers may require that you enter into a separate agreement with them or furnish additional information about you, your Apps, and/or your business before API providers will grant you rights to access live production data and functionalities.
Reservation of rights
We reserve absolute rights to approve or reject your application to register for a user account on APIX, to access or use APIs in the Sandbox, and/or to access or use live production data and functionalities on APIX.
Liability for user account
You are liable for all activities on APIX associated with your user account as well as any associated user accounts. You are also liable for all activities on APIX associated with all users and customers of your Apps. It is your responsibility to ensure that you make clear the associated risks and liabilities involved in relation to the products/services you provide to all users and customers of your Apps.
3. MINIMUM STANDARDS
You agree that each of the applications that you provide and register on APIX (“App”, or collectively, “Apps”), and the systems supporting such App, must comply with the following standards, which may be updated by JETCO from time to time (“Standards”):
- incorporate user enrollment processes and procedures to mitigate the risks of unauthorised or fraudulent account enrollment;
- incorporate authentication technologies, processes and procedures to mitigate the risks of unauthorised or fraudulent use or access to account, personal information, or funds/funds related functionalities;
- validate the security level (e.g. operating system type, operating system version, whether the mobile device is rooted or jailbroken, and unpatched devices or those that are no longer supported by the manufacturer) of a device before permitting use or access to personal information or conducting funds/funds related functionalities;
- employ secure development methodology for your App and deploy your App in secure channel (e.g. Google Play, Apple App Store);
- incorporate processes and procedures to deactivate older versions of your App which are no longer current or no longer meet minimum security requirements and prompt end users to upgrade to an acceptable version of your App;
- ensure that confidential information (e.g. passwords, account number, and card numbers) does not reside directly on a device, unless it is essential to your App’s functionalities. If confidential information does reside on a device, your App should encrypt and securely store such information (e.g. within an encrypted data section or within encrypted storage in the file system) and separately store the cryptokey in secure storage. If such information is personal data, ensure that you incorporate processes and procedures in compliance with APIX Peronsal Information Collection Statement as may be issued and updated by JETCO from time to time;
- securely delete all sensitive or personal end user information upon exiting your App;
- securely wipe all related end user information upon deletion of your App from the device;
- maintain secure connection between your App and back-end servers with appropriate channel encryption, section protection and message encryption;
- maintain secure back-end servers connected to your App and withhold confidential information; and
- maintain secure back-end servers and APIX with properly registered and configured X.509 digital certificate for live production use.
If at any time your App(s) does/do not fulfill any one of these Standards, you agree that we can suspend/terminate your access or use of APIX.
To ensure that each of your Apps meet and continue to meet these Standards, you agree that we can conduct testing or audits of any of your Apps from time to time provided that we give you reasonable advance written notice.
4. WHAT YOU CAN DO ON APIX
We want to encourage creativity and innovation, but not at the expense of the safety and well-being of others or the integrity and security of APIX. Therefore, you agree that you will not engage in any of the following conduct described below (or to facilitate or support others in doing so):
- You must not use APIX to do or share anything:
ii) that is unlawful, fraudulent, improper, unauthorised, harassing, discriminatory, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable manner or in any way that may be harmful or detrimental to JETCO’s rights or interests or the rights or interests of any of JETCO’s third party providers, or in any manner that could constitute criminal offence or give rise to civil liability or regulation;
iii) that infringes or breaches someone else’s rights; or
iv) that infringes the rights of JETCO in any JETCO property (defined below).
- You must not upload viruses, worms, defects, Trojan horses, or malicious code, or do anything that could disable, overburden or impair the proper working or appearance of APIX;
- You may not access or collect data from APIX that you do not have permission to access or collect;
- You must not store personal data (including, among others, e-banking credentials) unless expressly authorised to do so by the data subject;
- You must not use the Sandbox for any live production purposes;
- You must promptly report and notify us, and, in relation to live production data, all relevant API providers, of any significant incidents (e.g. data leakage); and
- You must not use APIX in a way which will contribute to the development, or support, of applications, products and/or services of any of the following high risk activities: design, construction, control, or maintenance of nuclear facilities, mass transit systems, air traffic control systems, automotive control systems, weapons systems, or aircraft navigation or communications, or any other activity where failure of APIs could give rise to a material threat of death or service personal injury.
5. THE PERMISSIONS YOU GIVE US
You give us permission to use your name and business name(s) in press releases, marketing materials, promotional materials, presentations and/or directories for the purposes of promoting the use of APIX and our services.
6. JETCO PROPERTY
You may not use any of the JETCO brands (including, indicia, trademarks, service marks, trade names, logos, symbols or brand names) or otherwise refer to APIX, JETCO or any of the API providers without our prior written consent.
You must not dispute or contest the validity of the proprietary rights of JETCO or any of the API providers. You must not register or attempt to register any trademarks or service marks or other brand identifiers (including, trademarks and domain names) that are confusingly similar in any way (e.g., in sound, in appearance, in spelling) to any of the JETCO brands, including the names “JETCO” and “APIX” (including their respective logos), or the brands of any of the API providers.
Unless you have obtained JETCO’s prior written consent, you must not represent that JETCO or any API provider have certified, sponsored, approved, or endorsed you or your Apps or any of products/services you provide in any manner whatsoever, or that JETCO or any API provider is in any way affiliated or have a relationship with you.
7. MAINTENANCE, MODIFICATION OR SUSPENSION OF APIX
To bring you a better user experience, we may make changes to APIX (and its content) or to our services from time to time. These changes may lead to a suspension of our services or your access to APIX. These changes may also affect your Apps, and require you to make certain updates/modifications to your Apps at your own cost. We recommend that you check APIX regularly for notifications of any changes which may affect your Apps.
We will attempt to provide you with reasonable prior notice of any scheduled maintenance which will lead to any suspension of our services or your access to APIX.
You agree that we have no liability or obligation to you for any changes we make to APIX or to our services or for any suspensions of services or access to APIX related to such changes or resulting from any scheduled and unscheduled (e.g. emergency) maintenance.
8. WITHDRAWAL, BLOCKING, SUSPENSION, TERMINATION OF ACCOUNT
9. COMPLIANCE WITH LAWS AND REGULATIONS
You will comply with all applicable laws and regulations (including, without limitations, export and import laws regarding any content/data) at all times.
10. OUR DEVELOPMENT RIGHTS
11. PRIVACY & CONSUMER PROTECTION
You may be collecting user/customer data for your own purposes. If that is the case, you must: (a) not in any way misrepresent JETCO or any API providers (including their respective affiliates); (b) make it explicit to your users/customers that the collection of any personal data by you is neither carried out by JETCO or by any of the API providers on APIX (including their respective affiliates) nor directly related to the businesses of JETCO or any of the API providers on APIX (including their respective affiliates); (c) have in place controls and safeguards, which is fair and transparent, in relation to the collection, use, holding and erasure of personal data, and make all necessary disclosures and obtain all necessary consent as required by applicable laws and regulations in relation to the obtaining, storing, processing, and transmitting of such personal data; (d) have in place binding terms and conditions with each of your user/customer to cover the aforementioned clauses relating to the products/services provided by you; and (e) provide accessible channels to handle enquiries and complaints.
To the fullest extent permitted by applicable laws, we are not liable to you or any other party for claims arising out of any fraudulent or unauthorised purposes/transactions. You must ensure that you have in place product liability insurance (where appropriate especially when high-risk transactions are involved). Direct losses suffered by any user/customer as a result of fraudulent or unauthorised purposes/transactions conducted through his/her account attributable to the products/services you provide using APIs on APIX are to be borne by you and, only if agreed in writing by API providers, the relevant API provider in accordance with the liability and settlement arrangement defined in the contractual terms (if any) with the API provider, provided that the user/customer has not acted fraudulently or with gross negligence. Without prejudice to the foregoing, JETCO shall not be liable in relation to any loss suffered by any user/customer as a result of fraudulent or unauthorised purposes/transactions conducted through his/her account attributable to any products/services you provide.
12. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant to us and API providers that:
- information you provide to us and/or API providers in connection with your user account registration or your use of APIX is true and correct and up-to-date;
- you own or have properly licensed all rights necessary to develop, distribute, and use your Apps;
- your Apps will not infringe the intellectual property rights of any third party; and
13. LIMITATION OF LIABILITY
We work hard to provide you the best services we can. However, our services, APIX, and APIs (including their functionalities and related data, information, and/or materials) are provided on an “as is” and “as available” basis only WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER JETCO NOR ANY OF THE API PROVIDERS GUARANTEE OR WARRANT THAT ANY OF THE SERVICES PROVIDED BY JETCO, APIX, APIS (INCLUDING THEIR RESPECTIVE FUNCTIONALITIES AND DATA, INFORMATION, AND MATERIALS) WILL BE UNINTERRUPTED, ERROR-FREE, FREE FROM SPYWARE, MALWARE, ADWARE, VIRUSES, WORMS, OR OTHER MALICIOUS CODE, OR WILL FUNCTION TO MEET YOUR REQUIREMENTS.
We do not control or direct what information is provided by API providers on APIX. You acknowledge that the products/services of API providers and the related data, information and materials provided/obtained on APIX do not belong to us and do not form part of the services provided by JETCO. We are therefore not liable in relation data, information and/or materials, and/or for any APIs, applications, products/services, and/or content provided on or via APIX.
The maximum liability of JETCO in respect of any claims made by you shall not exceed HK$100.00 in any single or combination of claims.
You will indemnify, defend, and hold harmless JETCO and API providers (including their respective subsidiaries, affiliates, directors, officers, agents, employees, advertisers, vendors, suppliers, licensors, and partners) from and against any and all claims, liabilities, damages (actual and consequential), losses, fines, and expenses arising from or in any way related to:
- your participation in APIX;
- your Apps;
- use of your Apps; and
- data, content, and all other intellectual property you provide in connection with APIX.
You may not enter into any stipulated judgment or settlement that purports to bind us without our prior express written authorisation.
15. CONFIDENTIAL INFORMATION
Our communications to you and APIX may contain confidential information belonging to JETCO or API providers (“Confidential Information”). You will treat all such information as strictly confidential.
You agree that we may, without prior notice to you, furnish any regulator or other governmental authority, both foreign and domestic, with information about your App and/or your use of APIX.
17. ELECTRONIC SIGNATURES—BINDING
18. AUDIT AND ACCESS
No Assignment: You must not transfer any of your rights or obligations to anyone else without our prior written consent. Any attempt to do so is void. Waiver: No failure or delay by JETCO to exercise or enforce any right shall operate as a waiver of such right, nor will any single, partial or defective exercise of any right preclude any other or further exercise of it or the exercise of any other rights.
Force Majeure: Neither you, API providers, nor we shall be liable for any delay in the performance of its obligations hereunder which is due to circumstances beyond its control (including, temporary failure of communication networks or computers, blackout). Whoever is affected by such circumstances must promptly notify the other in writing of such circumstances.
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Effective Date: 01 January 2019
Welcome to Sandbox!
1. OUR SERVICES
The Sandbox provides you with a safe and isolated environment to create and test the applications that you provide and register on APIX (“Apps”) using dummy data and mimic the characteristics of the production environment to simulate response and fast track application development cycles.
You will be able to register, create and test up to ten (10) Apps (in this context, each version of the same App is considered as one (1) App) at any one time on the JETCO Sandbox. You cannot register more than one user account on the Sandbox.
You agree that the Sandbox, and the APIs contained therein, will not be used for any commercial purposes or for any fraudulent or unauthorised transactions/purposes. You agree that the Sandbox, and the APIs contained therein, will only be used for internal testing purposes.
Use of JETCO Sandbox is currently free of charge and subject to the API call limit set by JETCO.
We may need to collect and use your personal data when providing our services in the Sandbox. We detail our practices in APIX Personal Information Collection Statement regarding our use of your personal data, which you must agree to before you use JETCO Sandbox.
4. FEEDBACK AND ENQUIRIES
Your user experience is important to us. If you have any feedback or enquiries about our services in using the Sandbox, please do not hesitate to contact us at +852 2718-2111 (7x24 hours hotline) or email us at firstname.lastname@example.org.
You agree that by providing us with your feedback, we are also entitled to use and publish such information in any publicity or advertising materials, or to help us improve our services.
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