Hitpay acceptable use policy

Effective Date: June 2022

1. INTRODUCTION

1.1 Acceptable Use Policy. This Acceptable Use Policy is provided by HitPay Payment Solutions Pte. Ltd., including, where applicable, all of its subsidiaries, brands, related or associated companies/brands (collectively referred to as "HitPay", "we", "us", or "our") and sets out the terms pursuant to which you may access and use HitPay's Platforms and Services. Your access and use of HitPay's Platforms and Services means that you accept, and agree to abide by, all the terms in this Acceptable Use Policy.

1.2 Access to Platforms and Services. The Acceptable Use Policy sets out the terms in which you may access and use HitPay's Platforms and Services. Your access and use of HitPay's Platforms and Services means that you accept, and agree to abide by, all the terms in this Acceptable Use Policy.

1.3 Age Limit. You must be eighteen (18) years or older to use HitPay.

2. TERMS AND DEFINITIONS

2.1 Definitions. In this Acceptable Use Policy, unless the subject or context otherwise requires, the following words and expressions shall have the following meanings:

"Platforms" means HitPay’s website (https://www.hitpayapp.com/) and where applicable, HitPay's mobile application, application programming interfaces, software libraries and any other resources made available to you from time to time that are developed or owned by HitPay, through which individuals access and use HitPay's Services;

"Services" means the services provided by HitPay from time to time including but not limited to the e-commerce payment gateway services provided by HitPay, whether such services are provided online and/or offline;

"Terms" means the terms of the relevant agreements (where applicable), HitPay's Terms of Service, HitPay's Privacy Policy, and this Acceptable Use Policy; and

"Website" means HitPay’s website (https://www.hitpayapp.com/).

3. PROHIBITED USES

3.1 Prohibited Uses of Platforms and/or Services. You shall only use the Platforms and Services for lawful purposes. You may not use the Platforms and Services for prohibited uses such as:

(a) the use of the Platforms and/or the Services to benefit any country, organisation, entity, or person embargoed, blocked or sanctioned by the Singapore government, the Australian government, the New Zealand government, the United States government, the United Nations or such other regulatory agencies that HitPay is bound to comply with from time to time;

(b) the use of the Platforms and/or the Services to facilitate illegal transactions;

(c) permitting others to use the Platforms and/or Services for personal, family or household purposes, which are not consistent with the image and reputation of HitPay;

(d) directly or indirectly, whether through yourself or third parties:

(i) engage in unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;

(ii) engage in the unauthorised monitoring of data or traffic on any network or system;

(iii) copy, reproduce, republish, upload, post, transmit, resell, or distribute in any way, any data, content, or any part of the Services or Platforms except as expressly permitted by applicable laws;

(iv) using manual or electronic means to avoid any limitations established by HitPay or attempting to gain unauthorised access to alter or destroy any information that relates to HitPay or other end-user;

(v) reverse engineer or attempt to reverse engineer the Services and/or the Platforms;

(vi) perform or attempt to perform any actions that would interfere with the normal operation of the Platforms and/or the Services or affect the use of the Platforms and/or the Services by other users, including but not limited to knowingly transmitting any data and sending or uploading any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;

(vii) engage in activities such as interference with service to any user, host or networking, including without limitation, denial-of-service attacks, post bombing, news bombing, other flooding techniques, deliberate attempts to overload the system and broadcast attacks; or

(viii) using, selling or distributing any computer programme designed to conceal the source or routing information in a manner that falsifies an Internet domain, header information, date or time stamp or other identifier; or

(e) such other activities identified from time to time by HitPay, or any of our affiliates, to be a restricted business or activity.

3.2 Maintaining the Integrity of the Platforms. HitPay may, but is not obliged to, take any action that it deems necessary to protect the Platforms and/or Services, its rights or the rights of its customers or third parties, or to optimise or improve the Platforms and/or Services, services, systems and equipment. You acknowledge that such action may include, without limitation, employing methods, technologies or procedures to filter or block messages and data sent through the Platforms. HitPay may, at its sole discretion, at any time filter spam or prevent hacking, viruses or other potential harms without regard to any preference communicated to HitPay.

4. CONTENT STANDARDS

4.1 Applicable Content Standards. These content standards apply to any and all material that is contributed to or posted on HitPay's Platforms. You agree to comply with the spirit of the standards set out in the Terms, including this Acceptable Use Policy.

4.2 Prohibited Content. The content you contribute to or post on the Platforms must comply with applicable laws in Singapore and in any country from which they are posted and must not:

(a) contain any material which is or may be defamatory of any person;

(b) contain any material which is obscene, offensive, hateful, inflammatory or violent;

(d) promote violence or unlawful discrimination;

(e) infringe any copyright, trade mark or the intellectual property rights of any other person;

(f) be likely to deceive any person or constitute a misrepresentation;

(g) be made in breach of any legal duty owed to a third party, such as a contractual obligation or a duty of confidence;

(h) promote any illegal activities;

(i) contain political advertising or promote political upheaval;

(j) promote ill-will and hostility amongst the users or general public;

(k) be threatening, abusive or invade another's privacy;

(l) be likely to harass, upset, embarrass, alarm or annoy any other person;

(m) be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

(n) constitute a misrepresentation of the authority or the status of distributorship;

(o) advocate, promote or assist any unlawful act such as copyright infringement or computer misuse; and/or

(p) promote any other activity which HitPay may, at our sole and absolute discretion, deem inappropriate.

5. SUSPENSION AND TERMINATION

5.1 Suspension and Termination. HitPay will determine, at our absolute discretion, whether there has been a failure to comply with this Acceptable Use Policy through your access to and use of the Platforms and Services. If we believe or suspect that any activity violates this Acceptable Use Policy, we may take any corrective action that we deem appropriate, including any of the following actions:

(a) immediate, temporary or permanent withdrawal of your right to use the Platforms and Services;

(b) immediate, temporary or permanent removal of any posting or material uploaded by you to the Platforms;

(d) the commencement of legal proceedings or similar dispute resolution proceedings against you in respect of damages suffered by HitPay as a result of your breach;

(e) disclosure of such information to law enforcement authorities as is reasonably necessary or legally required;

(f) not facilitating the transaction, holding funds associated with a prohibited transaction; and/or

(g) any other corrective action that HitPay, at our sole and absolute discretion, deems appropriate.

5.2 Exclusion of Liability. HitPay shall not be liable for any damages, claims and/or costs that may be incurred by you that has been taken in response to any potential breach of the Terms, including this Acceptable Use Policy.

6. USE OF HITPAY PLATFORMS

6.1 Prohibition. You are prohibited from the purchase, sale or distribution of the following goods and/or services through our Platforms:

(a) any of the items listed below in Clause 6.3 (Product Listing Guidelines); and

(b) any other good or service which HitPay deems to be unstable for the Platforms or which would otherwise result in a contravention and/or breach of any agreement(s), contracts and/or arrangements entered into with us or any third parties, or would result in a violation of any rules, regulations or contracts.

6.2 HitPay's Discretion. HitPay shall have the sole and absolute discretion to determine the range of goods and services that can be made available on its Platforms, and HitPay has full and absolute discretion to remove or request you to remove listings of any goods and services from the relevant Platforms, failing which HitPay may terminate or suspend the provision of Services.

6.3 Listing Guidelines. You are not allowed to post for sale any item which is prohibited by any law from whatever jurisdiction or country. You must be aware that our Platforms may be used internationally and that the sale of certain items may be prohibited by laws outside of the country in which you are based. You agree that it is your sole responsibility to comply with the relevant laws. Below is a list of restricted or prohibited items. It is your sole responsibility to ensure that you are not posting a product or service that could constitute a contravention of any law, rule or regulation. For the avoidance of doubt, we prohibit the listing of items that fall within the following categories:

(a) products and/or services that are discriminatory, derogatory in any way, or encourage violence, hatred or religious or racial intolerance;

(b) products and/or services that promote illegal activities or relate to the gambling business, including online gambling, lotteries, games of chance, sports forecasting or odd-making;

(c) products and/or services that relate to financial investments or which could constitute investment products such as bonds, stocks or other securities;

(d) products and/or services that are sexual, adult-oriented, provocative, culturally inappropriate or which are offensive in nature, including but not limited to pornography, sexually explicit materials in all media types, escort services or prostitution services;

(e) products and/or services that constitute a form of currency including but not limited to cryptocurrency and other forms of digital tokens such as Bitcoin and Ethereum;

(f) products and/or services that involve the purchase, sale or distribution of credit lines, foreign exchange, bank notes, money, bonds, digital currency, or other security on our Platforms, including but not limited to credit cards;

(g) products and/or services that constitute a form of drugs (whether medical of nature or not), including but not limited to steroids, narcotics, cannabidiol products, prescription drugs or other controlled substances on our Platforms;

(h) firearms, ammunition, weapons, guns, rifles, shotguns, pistols, knives or other sanctioned items and/or investments relating to the same;

(i) tobacco products, cigarette substitutes and e-cigarettes, including but not limited to cigarettes, cigars, pipes and chewing tobacco;

(j) products and/or services that involve the re-sale of personal information, including but not limited to application forms that contain personal information;

(k) products and/or services that relate to the re-sale of event tickets, healthcare discount plans, membership programs or other similar activity;

(l) products and/or services that would constitute regulated activities, such as bail bond services, security brokers and/or bankruptcy attorneys;

(m) products and/or services from restricted countries and regions;

(n) offering or disseminating fraudulent goods, services, schemes or promotions, such as make-money-fast schemes; and/or

(o) any and all other products and/or services that are not safe, that violate local, national or international laws or regulations or that would generally be offensive to others, such as stolen goods, materials that infringe intellectual property rights such as pirated software, human body parts, endangered species or other items or activities that in our judgement are illegal, inappropriate or offensive in connection with our Platforms and/or Services.

7. AMENDMENTS

7.1 Amendments. This Acceptable Use Policy may be revised as published from time to time on the Website. You agree to be responsible for checking the Website from time to time to take notice of any changes made as they are legally binding. Some of the provisions contained in this Acceptable Use Policy may also be superseded by provisions or notices published elsewhere on any of the Platforms.

8. COMPLIANCE WITH AFFILIATES' POLICIES

8.1 Affiliates' Policies. Where HitPay provides services via an affiliate, you must comply with any policy of the affiliate that is in force from time to time. Compliance with this Acceptable Use Policy does not relieve you from compliance with any other policy of the affiliate who is providing services.

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