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Important – Please read these Terms and Conditions before using this Service. By continuing to use the Service (as defined below), you agree to the Terms and Conditions, and you agree that these Terms and Conditions shall be legally binding upon you so long as you are using the Service. 

This Service is made available by Paywatch Hong Kong Limited, Company Registration Number: [BR No. 71952426] ("Paywatch") in accordance with and subject to the terms and conditions as stated herein ("Terms and Conditions"). By using the Service, you acknowledge, confirm and undertake that you have read and fully understood these Terms and Conditions prior to your access to and use of the Service. 

Similarly, by using the Paywatch mobile application ("Application") provided to you by Paywatch, and downloading, installing or using any associated software supplied by Paywatch ("Software"), you hereby acknowledge, agree and undertake to be bound by these Terms and Conditions and any future amendments, revisions, additions or variations that Paywatch may introduce from time to time. If you do not agree to the Terms and Conditions, please discontinue the usage of the Service and Application immediately. 

1. Registration Information and Account 

1.1 You will be required to create a 6 digit PIN and provide the necessary registration information. You bear the sole responsibility to maintain the confidentiality of your 6 digit PIN and for all usage or activity on your account, including the use of your account by any person using your 6 digit PIN. 

1.2 You will be required to create a 6 digit PIN and provide the necessary registration information. You bear the sole responsibility to maintain the confidentiality of your 6 digit PIN and for all usage or activity on your account, including the use of your account by any person using your 6 digit PIN. 

(a) provide true, accurate, current and complete information about yourself as prompted by the Service's enrolment process or other areas of the Service; and 

(b) continuously maintain and promptly update such information to keep it true, accurate, current and complete. 

We are under no obligation, whether expressed or implied, to verify the accuracy and authenticity of any information provided by you. We will not be liable or responsible in the event it is discovered that your information has been falsified, entered wrongly, is incomplete or out-of-date. We have the right to suspend or terminate your Account and refuse any and all current or future use of the Platform and/or Service (or any portion thereof) without notice to you if you provide us with any information that is untrue, inaccurate, not current or incomplete or if we have reasonable grounds to believe that you have provided any information that is untrue, inaccurate, not updated or incomplete. 

1.3 If you believe or suspect that

(a) your login ID or 6 digit PIN have been lost or stolen;

(b) a device that you use to access the Platform has been lost or stolen; or

(c) someone else has accessed your Account, you are responsible to inform us immediately, through the Platform or by sending an email to support@paywatchglobal.com. 

2. Use of Paywatch 

2.1 If you register for and activate a Paywatch Account, you will be able to utilise the Application to track your working hours automatically or through the check in / check out function, to view your accumulated earnings, and to make a salary advance withdrawal request. Any working hours or work tracking system (check in / check out functions, earnings functions and others) are services provided as a convenience and does not reflect your actual earnings or serve as a calculation of your payroll from any of your employment. Any disputes about work hours or amount of work performed or earnings provided should be referred to your employers directly.

3. Employment binding 

3.1 As part of the employment binding process, your employer may be required to disclose certain information to us. By accepting these Terms and Conditions, you hereby provide consent to and authorise your employer, or any of its affiliates, to share information relevant to the registration and account creation process. 

3.2 If applicable, you will also be asked to provide us with additional information related to your current employment. 

3.2 Your use of the Service is subject to the approval of your employer. 

4. Check in process 

4.1 Depending on the type of employment and employer, some employers may require you to use the check in / check out functionality on our application. You may be required to check in at the start of a session and check out at the end of the day to clock out, in order to track your earnings on the Application. When you access or use our Services, we automatically collect information about you, including: 

(a) Device Information: We collect information about the mobile device you use to access our Services, including the hardware model, operating system and version, unique device identifiers and mobile network information. 

(b) Location Information: We collect information about the location of your device each time you access or use our mobile applications or other location aware software connected to our services or otherwise consent to the collection of this information. 

For those employers who do not require check in and check out function, your earnings will be accumulated automatically and displayed in the app on the following day. 

5. Earned Wage Access 

5.1 If you make an Earned Wage Access request of your earned wages ("EWA") through Paywatch Earned Wage Access, Paywatch will observe this as an advanced payment of your earned wages. For the avoidance of doubt, the Withdrawal will constitute a payment of a proportion of your earned wages ahead of time. 

5.2 Each time your Earned Wage Access is processed, and Salary Advance is granted, we will charge you a transaction fee or subscription fee; provided that any such fees may be waived by Paywatch at its sole discretion. Our transaction fee or subscription fee may vary over time and will be deducted upfront during the Earned Wage Access request. 

Paywatch reserves the right to accept or reject your Earned Wage Access request at our sole discretion. Paywatch will not accept an Earned Wage Access if: 

(a) you make it within the withdrawal freeze period as specified by your employer; 

(b) the amount you have requested for is more than the limits imposed (as detailed in the table below); or 

(c) your employer has reached the maximum cap for withdrawal amount for the calendar month. The maximum cap for Earned Wage Access withdrawal shall be determined by Paywatch at its sole discretion. 

5.3 The Earned Wage Access may be withdrawn to a designated account with a licensed bank (an authorized institution under the Banking Ordinance (Cap. 155)) in Hong Kong in the name of the user, the details of which shall be notified to the Company via the provisions of the Application. 

6. Repayment & Other Services 

6.1 If you have submitted an Earned Wage Access request and received the Earned Wage Access, you understand and accept that: 

(a) on your next salary disbursement date, you will receive your salary for the relevant calendar month or relevant salary period ("Salary"); less the Earned Wage Access made during that calendar month or relevant salary period and less any deductions for Other Services ("Other Deductions") you have agreed to enrol in on the Application (your Salary, less the Earned Wage Access and Other Deductions shall mean "Net Salary"); and 

(b) if the aggregate value of the Earned Wage Access and transaction fees is equal to or greater than your Net Salary, you will not be paid anything on your next salary disbursement date and, on the salary disbursement date after that, you will receive a payment that is less the carried-over outstanding balance (if any). 

6.2 Paywatch reserves the right to suspend your right to use the Earned Wage Access, other features in the app and reject any Earned Wage Access request you have made, should you have any carried-over outstanding balance. You will only be able to continue using the Paywatch Earned Wage Access services after any outstanding balances have been repaid fully. 

6.3 Paywatch and/or its partners and/or third-party service providers may offer other services and products to you on the Application ("Other Services"), which you may enrol at your discretion. Subject to the terms and conditions of the Other Services, the payment for the Other Services may be deducted from your Salary in accordance with clause 6, and you agree and consent to such deductions. 

6.4 We have a legal obligation to verify your identity and may ask you to provide information and/or documents to confirm that you made an Earned Wage Access request. You agree to provide accurate and complete information to Paywatch and inform Paywatch immediately of any changes in any particulars of your Personal Information/Data. You also give us permission to make reasonable inquiries with your employer and third parties, for the same reasons. These inquiries may include

(a) asking for your Hong Kong Identity Card number or other tax / identification number; and/or

(b) verifying the information you give us using third-party databases and other sources. You also consent to your employer providing this information as reasonably requested by us for the purpose of these inquiries. If you are unable to provide the supporting information and/or documents for the purpose of verification of your identity, we may suspend or terminate your use of the Platform. You hereby acknowledge that your name, e-mail address and mobile number, and other personal information may be made available by Paywatch to another third party for verification or other lawful purposes. 

6.5 You shall only be entitled to register for one (1) Account and are required to register your Account on your personal device. For avoidance of doubt, each mobile number, ID number and email address can only be used for one (1) Account. 

6.6 You shall not register the Account with false information. If Paywatch discovers that you are impersonating another individual or another legal entity, Paywatch may immediately terminate the Account and report such fraudulent activity to the relevant authorities. 

6.7 You shall, at all times, be solely responsible to keep confidential and safeguard your Account details. You shall not disclose your login credentials and/or security credentials to any person. If you input the wrong credentials, it may result in suspension of access to your Application, or an immediate deletion of your Account. To reactivate your access to the Application, you can reactivate via the "Forgot Your Pin" button. You shall be solely responsible and liable for any use and misuse of your Account and all activities that occur under your Account. 

6.8 The Account is not transferable nor assignable to any third party and shall be exclusively used by you. The Account cannot be pledged or used in any manner by you as any form of security instrument for any purpose whatsoever. 

6.9 By registering for the Account, you authorise Paywatch to rely and act upon all communications and instructions given by you. The transactions carried out are not always simultaneous with any instructions given at any time. Although the Account and/or Service is accessible outside any Working Days, certain instructions may only be processed on a Working Day. 

6.10 You may view your transaction history up to the previous ninety (90) days by logging into the Application. You are advised to regularly log in to the Application to review your transaction history and to make sure that there have not been any unauthorised transactions. Upon receipt of your written request, Paywatch may at its absolute discretion provide you with physical statements of accounts, records and details of your transactions, dated not more than three (3) months from the request date. 

6.11 Notwithstanding clauses contained in these Terms and Conditions, Paywatch may reject any of your instructions relating to the use of the Service or any transaction and terminate your Account immediately, if: 

(a) the Service is in breach of any of the terms and conditions herein mentioned; or 

(b) Paywatch suspects the instructions may be fraudulently issued or determines that the use of the Service poses a direct or indirect risk to the Application. 

6.12 If your mobile device does not support the relevant technology, you may not be able to use the Service (or any part thereof) or access Paywatch's website or any part thereof. 

6.13 You shall not be entitled to receive any interest or other profits in any way whatsoever in relation to the Service. 

7. Fees and charges 

7.1 In order to access our Services, there will be a subscription or transaction fee involved, which shall be made payable by you upon the withdrawal request. You agree and further authorise Paywatch to set off the subscription or transaction fee from your salary together with the withdrawal amount. 

8. Earned Wage Access Service 

8.1 The Salary Advance Service ("Service") is provided to you by Paywatch. 

9. Legal Nature of the Service 

9.1 In registering and using the Service, you hereby agree that the Service is not a money lending service (and is not a loan within the meaning of the Money Lenders Ordinance (Cap. 163)) and that any money paid to you is not a loan. You acknowledge and understand that each transaction offered through the Service is a factoring arrangement pursuant to which you have agreed to assign to us the amounts owed to you by your employer as salary ("Debt") and we have agreed to accept the assignment of Debt subject to these Terms and Conditions. By virtue of this assignment you authorise and agree that Paywatch shall be at liberty to receive, claim and/or recover such Debt from your employer subject to and in the manner as set out under these Terms and Conditions. 

10.1 User Eligibility 

10.1.1 The Service is available to all eligible users who are employees employed by participating employers under Paywatch's panel on the Platform. 

10.2 Features

10.2.1 The Service is an earned wage access solution that allows all employees of eligible employers under Paywatch's panel to submit an Earned Wage Access request to withdraw up to 50% of their earned salary at point of withdrawal (subject to employer). 

10.2.2 The requested and approved earned wage access amount shall be credited to your designated salary account as specified in clause 5.3. 

10.2.3 The minimum and maximum Earned Wage Access amount per transaction may be varied by Paywatch from time to time with notice. 

10.3 Payment

10.3.1 On your salary disbursement date, you agree that your employer will, without further notice to you: 

(a) deduct the utilized Earned Wage Access inclusive fee (If applicable) disbursed to you in accordance with these Terms and Conditions, from your monthly salary; 

(b) remit the amount to be deducted (including any Other Deductions) from the Salary in paragraph 10.3.1(a) to Paywatch or any third party appointed by Paywatch; and 

(c) remit the Net Salary to you. 

In the event your employer fails to repay the Earned Wage Access to Paywatch, you agree to repay Paywatch the Earned Wage Access within thirty (30) days from the date of your last pay day. 

If the Earned Wage Access is not repaid when demanded, your future withdrawal requests will be suspended by Paywatch without notice. 

10.3.2 You undertake to make satisfactory arrangements for repayments of the Earned Wage Access in accordance with the Terms and Conditions in any given circumstances. 

10.3.3 All salary including deductions by your employer for the purpose of repaying Earned Wage Access amounts and applicable fees shall, at all times, comply with the requirement under section 32 of the Employment Ordinance (Cap. 57) that the total of any sums deducted from an employee's wages in any one wage period shall not exceed fifty percent (50%) of the wages payable to the employee in respect of that wage period (except where required by law or court order). In the event of any conflict between these Terms and Conditions and the Employment Ordinance, the Employment Ordinance shall prevail. 

11 Default

11.1 The Earned Wage Access that has been disbursed is repayable on your pay day or upon receipt of a repayment notice from Paywatch. Without prejudice to Paywatch's right to recall the repayment of the Earned Wage Access on demand, Paywatch shall have the right, with notice to the employer, to recall the Earned Wage Access on demand, and/or demand for full payment within seven (7) days of the date of occurrence of any event or events of default(s) including but not limited to the following: 

(a) presentation of a bankruptcy petition against you; 

(b) death or mental incapacity; 

(c) if you commit a default under any provision of the Terms and Conditions; 

(d) if any information provided by you whether in the course of making the application for the Service or otherwise is incorrect or misleading or does not present an accurate representation of the relevant facts in a material particular as of the date at which it was provided; 

(e) would or might render it inadvisable or impractical for Paywatch to make, maintain or fund the Earned Wage Access; or 

(f) if legal proceedings, suit or action of any kind whatsoever are instituted against you, or if you go into default under or commit a breach of any instrument or agreement relating to any such indebtedness. 

12 Your Responsibility 

12.1 When using the Service, you: 

(a) accept that you will not be able to make your first withdrawal until your registration details have been approved by your employer; 

(b) allow your employer to make every applicable Net Salary payment due to you, after remitting to Paywatch to repay the Earned Wage Access, from the moment your Account has been activated, until the moment it has been deactivated; 

(c) give your employer permission to share your employment and other personal data with us, if and to the extent that it is necessary or desirable to do so to enable (1) us to provide the service to you; and/or (2) us and/or your employer to perform our respective obligations under these Terms or the Contract. This data includes (i) your name; (ii) your employee or staff identification number; (iii) your contact information; (iv) your current and updated gross and net pay entitlements; (v) your bank account information; (vi) the start and end dates of employment; (vii) your hours worked; and (viii) any fact or matter that will or might bring your employment to an end, such as the giving of notice to terminate your employment contract; and 

(d) give us your permission to use and store the information you and your employer give to us, for the purpose of providing the Platform and related services, including providing your employer with real-time information and analytics about your withdrawal, your pay day payments, your Net Salary payments, and your outstanding payments. 

12.2 You shall: 

(a) ensure that you shall download or have downloaded the Application from either the Google Play Store, the Apple App Store, or Huawei AppGallery. You shall not download the Application from any other sources. You shall be fully responsible for any losses or damages you may suffer in any way whatsoever should you breach the terms of this clause; 

(b) ensure that you do not use the Application on any illegally modified devices such as jailbroken devices, rooted devices or any devices that have been altered in any way whatsoever. In the event you utilise such a device, Paywatch shall not be liable in any way whatsoever for any and all losses or damages which you may suffer including but not limited to any financial and/or information loss; 

(c) ensure the compatibility of your mobile device with Paywatch's Mobile Payment Application. In the event that any changes or upgrades are introduced to the mobile payment system, you shall ensure the continued compatibility of your mobile device and be responsible for all equipment and other mobile applications necessary to use the Service. You shall be fully responsible for the integrity of all information and data transmitted, disclosed and/or obtained through the use of the Service or broadcasted by you or any other persons using your mobile device; 

(d) inform your employer immediately if there are any changes to your registration information, your employment details, details of your earned wages or your bank account information. If you do not do this, this may delay the processing of or result in a rejection of your Earned Wage Access requests, pay day payments, Net Salary payments and any other outstanding payments. We are not responsible for any errors, transaction fees or other issues that might arise, or for any losses you might suffer if any of your information changes and you fail to notify your employer immediately; 

(e) take all reasonable steps to prevent fraudulent, improper or illegal use of your Account and/or the Service and theft or loss of your mobile device and immediately notify support@paywatchglobal.com upon the discovery of such fraud, improper or illegal use, theft, loss, or any other occurrence of unlawful acts. You shall, if instructed by Paywatch, lodge a police report on the same and give Paywatch a certified true copy of such report. 

12.3 You shall not: 

(a) use the Service for any purpose against public interest, public order or national harmony or for any unlawful purposes including but not limited to vice, gambling or other criminal purposes whatsoever or transmit any content which is offensive on moral, religious, communal or political grounds, or is abusive, defamatory or of an indecent, obscene or menacing character or in any other manner which may result in complaints, claims, disputes, penalties or liabilities to Paywatch; and 

(b) hack into, access, tamper, breach or circumvent any authentication or security of any host, network or account of Paywatch or its provider's computer systems or interfere with service to any user, host or network, including, without limitation, sending a virus. 

12.4 You acknowledge that the Service is, and shall remain, at all times, the property of Paywatch and you shall: 

(a) exercise all due care and diligence in the usage and maintenance of the Account and Service; and 

(b) not tamper or allow anyone to tamper with the mobile device, your Account and/or the Service. 

13 Privacy

13.1 This clause 13 shall be read together with the Paywatch Group Privacy Policy which can be found on Paywatch's website at www.paywatchglobal.com. We will handle your personal data collected via the Application in accordance with our Personal Information Collection Statement ("PICS"), which is available within the Application. Our PICS may be updated from time to time, and you are advised to review it periodically for any changes. In the event of any inconsistencies, any interpretation or construction of this clause and the Paywatch Group Privacy Policy shall be read together to make the best commercial sense.

13.2 You agree that by registering for the Account, you consent for your Personal Information/Data to be used and/or disclosed in accordance with the Personal Data (Privacy) Ordinance (Cap. 486) ("PDPO"). 

13.3 For the purposes of this Agreement, "Personal Data" means information about you, from which you are identifiable, including but not limited to your name, Hong Kong Identity Card number or other identification number, passport number, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email address, any information about you which you have provided to us in registration forms, application forms or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by us. 

13.4 The Personal Information/Data provided by you may be held in a database and Paywatch may use, store, analyse and transfer and/or exchange such information with all such persons as may be considered necessary. Paywatch may use, disclose to third parties and process your Personal Information/Data provided by you to Paywatch for the following purposes: 

(a) processing your application and providing you with the services / products of Paywatch, as well as services and products by other external providers provided through Paywatch; 

(b) enabling communication; 

(c) managing your relationship and Account with Paywatch; 

(d) attending to all administrative purposes and any other ancillary matters related to the provision of services related to Paywatch; and 

(e) sending you marketing, advertising and promotional information about other products/services that Paywatch and its affiliates, related corporations and third party services providers/agents may be offering or which Paywatch believes may be of interest or benefit to you. Additionally, our related, affiliated, and/or associated companies, our merchants, and strategic partners may contact you about products, services and offers, which we believe may be of interest or benefit to you. You have the right to opt out from receiving marketing messages. If you wish to opt out from receiving marketing messages, please inform us at support@paywatchglobal.com. Paywatch will also comply with the direct marketing requirements under Part 6A of the PDPO and the Unsolicited Electronic Messages Ordinance (Cap. 593), and will not send marketing messages by voice call, SMS, fax or other electronic means in contravention of those requirements (including, where applicable, in respect of numbers registered on the do-not-call registers maintained by the Office of the Communications Authority) without your prior written consent. 

13.5 Paywatch may monitor and record all transactions and communications that may take place between Paywatch and you for Paywatch's business purposes (including but not limited to quality control and training, preventing unauthorised use of Paywatch's telecommunication systems, ensuring effective systems operation and prevention and detection of crime). 

13.6 In addition to the classes of users as stated herein, Paywatch may additionally disclose your Personal Information to the following classes: 

(a) affiliated companies of Paywatch; 

(b) persons / organisations required under law or where disclosure is necessary for the purposes of compliance with applicable laws or in response to relevant authorities' requests; 

(c) government agencies, statutory authorities and enforcement agencies under law (including, without limitation, the Office of the Privacy Commissioner for Personal Data, the Hong Kong Monetary Authority and the Hong Kong Police Force); and 

(d) Paywatch's contractors, service / product providers, consultants, auditors, accountants, solicitors, and advisors. 

13.7 The Personal Information/Data requested by Paywatch are mandatory which you must provide and agree to the processing of such Personal Information/Data. Should you decide not to provide any or all of the Personal Information/Data, Paywatch will not be able to proceed with the provision of the Services. 

13.8 Subject to the provisions of the PDPO, you shall have the right to access your Personal Information/Data by requesting for a copy of your Personal Information/Data and to request to rectify or update your Personal Information/Data. You have the right to opt out from giving your consent for your Personal Information/Data to be used and/or disclosed by Paywatch in the manner stated under this clause 13 and under the PDPO. If you wish to opt out, please inform us at support@paywatchglobal.com. You also have the right to withdraw your consent to the use and/or disclosure of your Personal Data at any time by writing to support@paywatchglobal.com. Please note that withdrawing consent may affect Paywatch's ability to continue providing the Service to you, and Paywatch reserves the right to suspend or terminate the Service upon receipt of a withdrawal of consent where such consent is necessary for the provision of the Service. 

14 Data Retention

14.1 Paywatch will retain your Personal Data only for as long as is necessary to fulfil the purposes for which it was collected, including for the purposes of satisfying any legal, regulatory, accounting or reporting requirements, and in any event in accordance with Data Protection Principle 2 of the PDPO. 

14.1 In general, account and transaction data will be retained for a period of seven (7) years from the date of your last transaction or the closure of your Account (whichever is later), or such longer period as may be required by applicable Hong Kong law (including, without limitation, the Anti-Money Laundering and Counter-Terrorist Financing Ordinance (Cap. 615)). 

Upon expiry of the applicable retention period, Paywatch will securely destroy or anonymise your Personal Data in accordance with its data management policies. 

15 Termination & Suspension 

15.1 You can deactivate or terminate your Paywatch Account at any time by writing in to support@paywatchglobal.com. However, the deactivation will not take effect until: 

(a) your employer has repaid the Earned Wage Access you have already withdrawn (if any); 

(b) your employer has paid your next Net Salary or other outstanding payments; and 

(c) you have settled our subscription or transaction fees (if any). 

15.2 Paywatch shall also be entitled to immediately suspend or terminate your use of the Service (or any part thereof, including any benefits under the Service) and your access to the Account, with or without any notice to you, upon the happening of any of the following events: 

(a) if in the opinion of Paywatch, there is dishonesty, suspected fraud, illegality, criminality or misrepresentation in the conduct of your Account or your use of the Services; 

(b) if you are in breach or Paywatch has reasonable grounds to believe that you have breached any of the provisions of these Terms and Conditions, the terms and conditions of Paywatch and/or any applicable terms and conditions of any new services as may be provided by Paywatch from time to time, or have engaged in any conduct prejudicial to Paywatch or if in the opinion of Paywatch, your acts are prejudicial to Paywatch's interests; 

(c) if you are in breach of any acts, statutes, laws, by-laws, rules and / or regulations imposed by any party, regulatory body or government agency; 

(d) if you have submitted false documents or have declared false information during your application for the Service; 

(e) if you have acted in bad faith or with malicious intent; 

(f) if your name is listed under any regulatory watchlist, including but not limited to any listing maintained pursuant to the United Nations (Anti-Terrorism Measures) Ordinance (Cap. 575), the United Nations Sanctions Ordinance (Cap. 537), the Anti-Money Laundering and Counter-Terrorist Financing Ordinance (Cap. 615), the Drug Trafficking (Recovery of Proceeds) Ordinance (Cap. 405), the Organized and Serious Crimes Ordinance (Cap. 455), or any other applicable anti-money laundering or counter-terrorism financing legislation, or any HKMA direction or guideline in force in Hong Kong from time to time; and/or 

(g) if you fail to provide any additional information which Paywatch may request from you from time to time. 

16 Adjustment Due to Error 

16.1 In the event the Account and/or Service has been suspended and you request for reactivation of the same, Paywatch may, at its absolute discretion, reactivate the Account. 

17 Reactivation

17.1 If you discover any error or discrepancy in your Account, you must contact support@paywatchglobal.com within thirty (30) days from the date of the disputed transaction, failing which, you shall be deemed to have accepted the accuracy of your transaction. If it is revealed in the course of Paywatch's investigation that the disputed transaction was indeed made in error, Paywatch will do the necessary adjustment within thirty (30) days from your complaint. 

18 Liability

18.1 This Service is provided on an "as is" and "as available" basis. Paywatch disclaims all liability and makes no express or implied representation or warranties of any kind in relation to the Service including but not limited to the: 

(a) availability, accessibility, timeliness and uninterrupted use of the Service; and 

(b) sequence, accuracy, completeness, timeliness or the security of any data or information provided to you as part of the Service. 

18.2 Paywatch will use reasonable endeavours to ensure that the Service is secured and cannot be accessed by unauthorised third parties. 

18.3 You shall be solely responsible for any and all consequences of use or misuse of your Account, login credentials, and/or security credentials. You shall be responsible for all losses and payments (including the amount of any transaction carried out without your authority) due to your negligence or where you have acted fraudulently. For the purposes of this clause negligence shall be deemed to include failure to observe any of your security duties referred to in these Terms and Conditions. 

18.4 However, you will not be liable for any losses caused by system glitches, technical error or other operational issues encountered at Paywatch, merchants or other relevant parties involved in the provision of this Service. 

18.5 Paywatch shall not be liable or responsible to you and / or to any other third party(s) for any costs, loss, or damages (whether direct or indirect), or for loss of revenue, loss of profits or any consequential loss whatsoever as a result of your usage of the Service including but not limited to: 

(a) your Account being hacked and/or theft of your login credentials and/or security credentials; and 

(b) any resulting disputes between you and any of Paywatch's merchants or service providers over any aspect thereof, including, but not limited to, issues relating to quality, merchantability, fitness for use, quantity, or delivery; and 

(c) resulting from the purchase or investment in any financial products or other products, which shall include the principal sum of such purchase or investment of financial products. 

18.6 Notwithstanding clause 18.5, nothing in these Terms and Conditions shall exclude or restrict Paywatch's liability for: (a) death or personal injury caused by Paywatch's negligence; (b) fraud or fraudulent misrepresentation by Paywatch; or (c) any other liability which cannot be excluded or limited under applicable Hong Kong law, including the Control of Exemption Clauses Ordinance (Cap. 71) and the Unconscionable Contracts Ordinance (Cap. 458). To the extent permitted by law, any limitation of liability under these Terms and Conditions shall be limited to the transaction fees paid by you to Paywatch in the three (3) months preceding the relevant event giving rise to liability. 

19 Indemnity

19.1 By agreeing to the Terms and Conditions upon using the Service, you agree that you shall defend, indemnify and hold Paywatch, its licensors and each such party's parent organisations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including legal fees and costs and/or regulatory action) arising out of or in connection with, and to the extent directly attributable to, your own fraud, wilful default, or gross negligence: 

(a) your use of the Service, Software and/or Application in your dealings with the third-party merchants, transportation providers, third party providers, partners, advertisers and/or sponsors; 

(b) your violation or breach of any of the Terms and Conditions or any applicable law or regulation, whether or not referenced herein; 

(c) your violation of any rights of any third party; 

(d) your misuse of the Service, Software and/or Application. 

20 Governing Law 

20.1 These Terms and Conditions are governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People's Republic of China, and you hereby submit to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region. 

21 Amendment and Modification of Terms and Conditions 

21.1 Paywatch may modify these Terms and Conditions from time to time. If we do, we will

(a) notify you and your employer; and

(b) make the new Terms and Conditions available to you at least 21 days before the changes take effect. You will be bound by the new terms if you use the Service after the changes take effect. If you do not want to be bound by the new terms, you must advise your employer and inform us of your intentions to close your Account before the 21-day period expires. You are advised to visit Paywatch's website from time to time to keep updated of the latest variation to these Terms and Conditions (if any). 

21.2 The fees and charges imposed by Paywatch pursuant to the Terms and Conditions may change from time to time. Paywatch shall notify you of any changes to the fees and charges imposed by Paywatch giving no less than twenty-one (21) days' notice prior to the effective date of the said changes to the fees and charges. 

22 Intellectual Property Rights 

22.1 All trademarks and other intellectual property rights used in relation to the Services belong to Paywatch. 

22.2 You acknowledge and agree that all trademarks and other intellectual property rights relating to the Services or any part thereof, whether presented to you by Paywatch, advertisers or any third party are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws and all of Paywatch's rights therein are expressly reserved. 

23 Assignment

23.1 This Agreement as constituted by the Terms and Conditions as modified from time to time may not be assigned by you without the prior written approval of Paywatch but may be assigned without your consent by Paywatch. Any purported assignment by you in violation of this section shall be void. 

24 Complaints Handling

24.1 Paywatch is committed to resolving complaints fairly and promptly. If you have a complaint about the Service, please contact Paywatch at support@paywatchglobal.com with full particulars of your complaint. 

24.2 Paywatch will acknowledge receipt of your complaint within three (3) business days and endeavour to provide a substantive written response within fourteen (14) business days. Where further investigation is required, Paywatch will keep you informed of the progress of your complaint. 

24.3 Nothing in this clause limits your right to commence legal proceedings in the courts of the Hong Kong Special Administrative Region. 

25 General

25.1 Severability. If any provision of these Terms and Conditions is found by any court or authority of competent jurisdiction to be invalid, void, illegal or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or severed from these Terms and Conditions, and the remaining provisions shall continue in full force and effect. 

25.2 Force Majeure. Paywatch shall not be liable for any delay or failure to perform its obligations under these Terms and Conditions to the extent that such delay or failure arises from causes beyond Paywatch's reasonable control, including but not limited to acts of nature, war, terrorism, pandemic, government orders, HKMA directives, power or telecommunications failures, or cyberattacks. Paywatch will notify you as soon as reasonably practicable and resume performance as soon as the relevant event no longer subsists. 

25.3 Entire Agreement. These Terms and Conditions, together with the Paywatch Group Privacy Policy, constitute the entire agreement between you and Paywatch with respect to the Service and supersede all prior or contemporaneous representations, understandings, agreements or communications between you and Paywatch, whether written or oral, regarding their subject matter. 

25.4 Waiver. No failure or delay by Paywatch to exercise any right or remedy under these Terms and Conditions shall constitute a waiver of that or any other right or remedy, and no single or partial exercise of any right or remedy shall preclude any further exercise of that right or remedy. 

25.5 Electronic Signature. Any indication of your agreement to these Terms and Conditions via the Application or other electronic means constitutes your electronic signature for the purposes of the Electronic Transaction Ordinance (Cap. 553 of the Laws of Hong Kong). 

25.6 Third Party Rights. A person who is not a party to these Terms and Conditions has no rights under the Contracts (Rights of Third Parties) Ordinance (Cap. 623 of the Laws of Hong Kong) to enforce or enjoy the benefit of any provision of these Terms and Conditions. 

25.7 Language. If there is any inconsistency or conflict between the English and Chinese versions of these Terms and Conditions, the English version shall prevail.