Last Updated: September 03, 2018.
CleverPay is a service, developed by CB Mobile Ltd (“CB Mobile“, “we,” “us,” and “our”). Your use of the CleverPay ("Service") provided by CB Mobile is subject to the following terms (“ToS”), that are legally binding agreement between you and CB Mobile without any other parties.
These ToS regulate the legal relationship between you and CB Mobile. You should not use CleverPay if you don’t accept them. The ToS are always available to be viewed at the CleverPay site. You must also confirm your acceptance by choosing “I agree to the Terms of Service” when you are creating account (“Sign Up” process) through the registration process.
You should not accept these ToS unless you are least 16 years of age. If you are 13 years or older but less than 18 years of age, you must have your parent permission to accept the ToS and use CleverPay. If you are EU-citizen and less than 16 years of age you should not accept these ToS.
We may make changes to these Terms from time to time. When we do, we will revise the “last updated” date given above. It is your responsibility to review these Terms frequently and to remain informed of any changes to them. The then-current version of these Terms will supersede all earlier versions. You agree that your continued use of our Service after such changes have been published to our Service will constitute your acceptance of such revised Terms.
Subject to these Terms, we grant to you a limited, personal, non-exclusive, non-transferable license to use our Service for your personal use and not for resale or further distribution. Your right to use our Service is limited by all terms and conditions set forth in these Terms.
Except for your pre-existing rights and this license granted to you, we and our licensors retain all right, title and interest in and to our Service, including all related intellectual property rights. Our Service is protected by applicable intellectual property laws.
Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, you will not, and will not permit or authorise any third party to: reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our Service; rent, lease or sublicense access to our Service; or circumvent or disable any security or technological features or measures of our Service.
Some parts of the CleverPay are billed on a subscription basis.
You can add your banking card in CleverPay admin interface in Service Settings section. Billing period starts, when you create the Service in CleverPay admin interface and ends in one calendar month. If you exceed the free limit of MAU during billing period, we make an attempt to charge you based on your MAU usage and according to the pricing plan matrix.
MAU is calculated based on unique users, who connected to CleverPay servers during current billing period at least once. You have an opportunity to merge multiple users into one unique users with our Authentication methods.
We make a series of attempts to charge you, that last one month. We also send you email notifications, that the payment was unsuccessful. If we fail to charge you during this period, the service will be completely shut down, including both CleverPay admin interface and CleverPay API, than CleverPay SDK uses.
There is no options for refund, while you are using CleverPay service.
CB Mobile, in its sole discretion and at any time, may modify the fees for the Service. Any fee change will become effective at the end of the then-current billing period.
CB Mobile will provide you with a reasonable prior notice of any change in fees to give you an opportunity to terminate your account before such change becomes effective.
The Service and its original content, features and functionality are and will remain the exclusive property of CB Mobile and its licensors. CleverPay is protected by copyright, trademark, and other laws. Our trademarks may not be used in connection with any product or service without the prior written consent of CB Mobile.
You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country and you are not listed on any U.S. Government list of prohibited or restricted parties.
Governing Law and Disputes
Unless otherwise required by a mandatory law of any jurisdiction, the ToS and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by the laws of the Hong Kong. All the disputes shall be referred to the courts having substantive and local jurisdiction based on the address of the registered office of the CB Mobile.
If any provision of the ToS is held invalid or unenforceable to any extent shall not in any manner affect or render invalid or unenforceable other provisions of the ToS. The provision shall be enforced to the fullest extent permitted by law or deemed replaced by a provision that is valid and enforceable and that comes closest to the original intent and purpose.
English is a primary language of communication between you and the CB Mobile. All information about CleverPay is available in the English language. The ToS are available in the English language only. English shall be also the binding and controlling language for the additional contracts concluded pursuant to the ToS.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICE CONTENT IS AT YOUR SOLE RISK. THE SERVICE CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, WE AND OUR SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICE OR ANY SERVICE CONTENT, AND YOU RELY ON THE SERVICE AND SERVICE CONTENT AT YOUR OWN RISK. ANY MATERIAL THAT YOU ACCESS OR OBTAIN THROUGH OUR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH OUR SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
LIMITATION OF LIABILITY
CB MOBILE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF, OR INABILITY TO USE OUR SERVICE AND SERVICE CONTENT AND ANY LOSS RELATED TO CUSTOMER DATA. UNDER NO CIRCUMSTANCES WILL CB MOBILE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORISED ACCESS OR USE OF THE SERVICE, SERVICE CONTENT, CUSTOMER DATA, OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CB MOBILE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF CLEVERPAY’S SERVICE; (III) ANY UNAUTHORISED ACCESS TO OR USE OF CLEVERPAY'S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH CLEVERPAY’S SERVICE BY ANY THIRD PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY SERVICE CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT (INCLUDING, SERVICE CONTENT) POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE.
CB Mobile Limited (CB Mobile Ltd)
Address: 3/F Jonsim Place 228 Queen's road, East Wanchai, Hong Kong