Consent and Authorization
Consent and Authorization
This consent and authorization (the “Consent and Authorization”) is in both languages, English and Chinese. In the event of any inconsistency, the English version is the original language and the Chinese version is a translation for information purpose only. In case of conflict, the English version will prevail and will therefore be the binding version for both parties.
This Consent and Authorization sets out the terms and conditions between you as the customer and World First Asia Limited (“WorldFirst”) in respect of your use of the WorldFirst Services as stipulated hereinunder and your authorization to WorldFirst for sharing your data with the Companies for the purpose of your enjoyment of the Services. Definitions of words and expressions used in this Consent and Authorization are set out in the section of “Definition” below and should be referred to when reading this Consent and Authorization.
For your own benefit and protection, you as the customer should read the terms and conditions of this Consent and Authorization carefully before you use any services as stipulated herein as this confirms that you have read and understood the terms and conditions hereof and accept those terms and conditions whenever WorldFirst Services are being used or made available to you.
Means your WorldFirst Account number, registered name and any other references which will enable WorldFirst or any other person to identify your WorldFirst Account to enable the payment to you through such account.
Means: (a) a director, officer, partner, member, manager, executor or trustee of such person and (b) any person directly or indirectly controlling, controlled by, or under common control with that person. For purposes of this definition, "control," "controlling," and "controlled" mean having the right to elect a majority of the board of directors or other comparable body responsible for management and direction of a person by contract, by virtue of share ownership or otherwise.
Means (1) PayU S.A., which is incorporated in Poland with registered office at Poznań, at 186 Grunwaldzka Street, 60-166 Poznańand (2) Allegro.pl sp. z o.o. , which is incorporated in Poland with registered office at ul. Wierzbięcice 1B, 61-569 Poznań, Poland.
Means the Hong Kong Special Administrative Region of the People’s Republic of China.
Means the services to be provided to you by the Company(ies), which includes but is not limited to, binding your WorldFirst Account as the recipient account with the Company(ies) or its Affiliates, contractors or agents to enable you to receive funds from the Company or its Affiliates, contractors or agents through the WorldFirst Account.
Means an account opened by you with WorldFirst (and/or its licensed Affiliates).
Means the international payments and foreign exchange services provided by WorldFirst to its customers.
(B) Representations and Warranties
You hereby represent and warrant that:
1. you have the legal capacity and full power and authority to enter into, exercise your rights and perform and comply with your obligations under this Consent and Authorization, and this Consent and Authorization constitutes valid and binding obligations on and against it in accordance with its terms;
2. you hold all authorizations, consents, exemptions and licenses required to be held under any law, rule or regulation governing your activities pursuant to this Consent and Authorization; and
3. you shall fully comply with all applicable laws and regulations, as well as the principles and guidelines issued by the relevant government authorities for the enforcement thereof.
(C) Acknowledgement and Agreement
You hereby acknowledge and agree that:
1. it is your intention to use WorldFirst Services and Services;
2. you understand that all formal communications, commitments, undertakings, promises, consents, waivers and contracts with you relating to WorldFirst and WorldFirst Services can only be made directly by WorldFirst. Neither Company nor its personnel shall have any authority to act for or on behalf of WorldFirst or to bind WorldFirst to any contract or in any other manner;
3. the Services are provided by the Companies which shall be responsible for all the claims and actions in relation thereto whether brought by you or any other third party;
4. the Company and WorldFirst are independent to each other and one will not be held liable for any breach or violation of their respective services provided to you, or any other act, negligence, misrepresentation or omission of another;
5. WorldFirst and its Affiliates, directors, officers, agents and contractors are not liable for any obligations, warranties, undertakings or liabilities arising from the Services or the Company’s use of your information;
6. you understand that the exchange of your information and the use of such information by WorldFirst and Company is necessary to enable the Services;
7. WorldFirst’s aggregate liability to you whether arising under contract, tort (including negligence) or any other ground shall be limited to USD 100,000; and WorldFirst will not be liable to you for loss of profits, indirect, special, consequential, exemplary, incidental, or punitive damages.
(D) You hereby consent and authorize WorldFirst to exchange and share the Account Information with the Company for the purpose of your enjoyment of the Services.
You hereby undertake that you will indemnify WorldFirst from and against all actions, claims, demands, liabilities, obligations, losses, costs (including, but not limited to legal fees, expenses and penalties) and interest suffered, incurred or sustained by or threatened against WorldFirst arising out of or in connection with this Consent and Authorization or any gross neglect, willful misconduct, fraud or dishonesty by you or any of its employees or agents.
(F) Governing Law
1. This Consent and Authorization and any claims arising out of or in connection with it shall be governed by and construed in accordance with the laws of Hong Kong without regard to its principles of conflict of laws.
2. Any dispute, controversy or claim arising out of, in connection with or relating to this Consent and Authorization, including the interpretation, validity, invalidity, breach or termination, will be settled by arbitration. The arbitration will be conducted in Hong Kong in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules in force when a Notice of Arbitration (as defined therein) is submitted in accordance with the said Rules. The number of arbitrators will be three (3). The arbitration will be conducted in English.
1. This Consent and Authorization will come into effect from the date that you click the button “We Confirm” or a similar button until the expiration or termination of the WorldFirst Service or you otherwise have withdrawn your consent in writing.
2. No amendment, variation or modification to this Consent and Authorization shall be effective unless in writing.
本同意及授权书规定你（作为客户）与World First Asia Limited （”WorldFirst”）之间，就您使用本同意及授权书项下的WorldFirst 服务的条款和条件，以及您为享用有关服务之目同意WorldFirst与公司分享您的信息的授权。本同意及授权书里使用的词汇与表达的意义在下面“定义”部分列出，你阅读本同意及授权书时，请参考该等定义。
指 (1) 在波兰注册的PayU S.A., 其注册地址为 Poznań, at 186 Grunwaldzka Street, 60-166 Poznań 以及 (2) 在波兰注册的Allegro.pl sp. z o.o. , 其注册地址为ul. Wierzbięcice 1B, 61-569 Poznań, Poland。
指你在WorldFirst (或与World First持牌的关联方)开立的账户。
7. WorldFirst对您的总赔偿责任（含合约、侵权（包括过失）及其他原因引起的）不超过100,000美元；并且WorldFirst 对您的利润损失、间接、特殊、结果性、示范性、偶然性或惩罚性的损失不承担任何责任。