Terms of Use
Welcome to the website of the Everpro Holdings Limited. The terms “we”, “us”, “our” and “ours” when used in these Terms of Use mean Everpro Holdings Limited and its holding company, subsidiaries, affiliate and related companies. The terms “you”, “your” and “yours” when used in these Terms of Use mean any user of this website.
Please read these Terms carefully before using the Site. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS WEBSITE.
By accessing, using, or by merely browsing the Site you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Site.
In these Terms, users of the Site are called “Users.”
Everpro reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline of the Site, at any time and in its sole discretion.
Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and your continued use of the Site after such time will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Site. The Terms will always show the ‘last updated’ date at the top. If you do not agree to any amended Terms, you must stop using the Site. If you have any questions about the terms, please email us at [email protected].
- Privacy Policy
Please refer to the Everpro Privacy Policy, available at https://www.everpro.com/privacy-policy-statement/ for information on how Everpro collects, uses, and discloses personal identifiable information from its users. By using the Site you agree to our use, collection and disclosure of personal identifiable information in accordance with our Privacy Policy.
2. Registration Data; Account Security
If you register for an account on the Site, you agree to (a) provide accurate, current and complete information as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to Everpro, and to keep Registration Data accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Everpro. You are responsible for all activity on your Everpro account, and for all charges incurred by your Everpro account.
- Intellectual Property
All information, data, text, music, sound, photographs, graphics, software, video, messages or other materials displayed on or available through this website (collectively the “Content”) are our properties or are licensed to us and are protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. We and/or our licensors own copyright in the selection, co-ordination, arrangement and enhancement of such Content, as well as in the content original to it. You may only download and print the Content for the use specified herein or for your personal and non-commercial use. You have no rights in or to the Content. Except as expressly provided herein, you may not modify, alter, publish, transmit, redistribute, participate in the transfer or sale of, create derivative works of, or in any way exploit, any of the Content, in whole or in part without our written authorization.
- Our Limited License of Content to You
Everpro grants you a limited, revocable, non-exclusive, license to access the Site and to view, copy and print the portions of the Content available to you on the Site. Such license is subject to these Terms, and specifically conditioned upon the following: (i) you may only view, copy and print such portions of the Content for your own use; (ii) you may not modify or otherwise make derivative works of the Site or the Content, or reproduce, distribute or display the Site or any Content (except for page caching) except as expressly permitted in these Terms; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; and (v) you may not use the Site or the Content other than for its intended purpose. Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, this Agreement and your account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license in this Section is revocable by Everpro at any time. You represent and warrant that your use of the Site and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. To request permission for uses of Content not included in this license, you may contact Everpro at the address identified at the bottom of these Terms.
- Providing a Reliable and Secure Service
We take security seriously. We strive to maintain a reliable and secure environment for your data. However, no system is perfectly secure or reliable, the Internet is an inherently insecure medium, and the reliability of hosting services, Internet intermediaries, your Internet service provider, and other service providers cannot be assured. When you use the Site, you accept these risks, and the responsibility for choosing to use a technology that does not provide perfect security or reliability.
- Links to Other Sites
The Site contains links to third-party Web sites (“Third-Party Sites”) and third-party content (“Third-Party Content”) as a service to those interested in this information. Third-Party Sites include social network platforms, Subscriber and Sponsor sites, payment processors and other payment intermediaries that you may use in connection with your use of the Site. You use links to Third-Party Sites, and any Third-Party Content or service provided there at your own risk. Everpro does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. Everpro provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply Everpro’s endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. Everpro accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or Web sites linking to the Site. When you leave the Site, our terms and policies are no longer applicable. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third-party.
- Warranty Disclaimer
THE SITE, THE CONTENT AND THE SERVICES PROVIDED BY THE SITE ARE PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTIES FROM EVERPRO OF ANY KIND, EITHER EXPRESS OR IMPLIED. EVERPRO EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. EVERPRO DOES NOT REPRESENT OR WARRANT THAT CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SITE, THE CONTENT OR ANY PORTION THEREOF. While Everpro attempts to make your access to and use of the Site safe, Everpro does not represent or warrant that the Site or any Content are free of viruses or other harmful components.
- Limitation of Liability; Indemnity
YOU WAIVE AND SHALL NOT ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST Everpro, ITS AFFILIATES OR SUBSIDIARIES, THEIR SPONSORS, CONTRACTORS, ADVERTISERS, VENDORS OR OTHER PARTNERS, ANY OF THEIR SUCCESSORS OR ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES (COLLECTIVELY, THE “RELEASED PARTIES”) ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE SITE OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, ALLEGED INACCURACY OF CONTENT, OR ALLEGATIONS THAT ANY RELEASED PARTY HAS OR SHOULD INDEMNIFY, DEFEND OR HOLD HARMLESS YOU OR ANY THIRD-PARTY FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SITE. YOU USE THE SITE AT YOUR OWN RISK. Without limitation of the foregoing, neither Everpro nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Site or the Content, including without limitation any damages caused by or resulting from your reliance on the Site or other information obtained from Everpro or any other Released Party or accessible via the Site, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Everpro or any other Released Party`s records, programs or Services. Nothing in these Terms shall limit our liability in any claim for (a) death or personal injury caused by negligence; (b) fraud; (c) misrepresentation as to a fundamental matter; and (d) any liability which cannot be excluded or limited under applicable laws. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Site, exploitation of any advertising or other materials distributed in connection therewith, or exploitation of the Site or any content or other material used or displayed through the Site and agree to limit your claims to claims for monetary damages within the limits identified in this Agreement. You shall defend, indemnify and hold harmless Everpro and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Site, and from the use of the Site by any person to whom you give access to your account (such as staff).
- Communications
When we post notices on the Site, we post them in the area of the Site suitable to the notice. It is your responsibility to periodically review the Site for notices.
- Miscellaneous
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Everpro may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Everpro, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and Everpro regarding your use of the Site, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and Everpro regarding your use of the Site. The section titles in these Terms are for convenience only and have no legal or contractual effect. If a court of competent jurisdiction determines that any provision of these Terms is invalid, unlawful, void or unenforceable, that provision shall be modified or severed to the maximum extent permitted by law; however, any and all other provisions shall remain valid and be given full force and effect in a valid and enforceable manner to accomplish the purposes of these Terms.
- Questions and Comments
If you have any questions regarding these Terms or your use of the Site, please contact us at.
Refund Policy
When you opt to fund the liquidity using a Payment Card, you agree the following terms:
- Website Review
To comply with card scheme regulations, it is clearly stated that the governing jurisdiction is Hong Kong.
- Refund Entitlement
(a) You agree that You do not have the right to, and shall not, require Everpro Holdings Limited to provide You with a refund unless the relevant Remittance has been recalled or cancelled pursuant to paragraph “Recall or Cancellation of Remittance Request” below;
- Waiver of Chargeback rights
(b) You waive all rights to raise a Chargeback with the issuer of Your Payment Card and You undertake not to request a Chargeback with respect to any Liquidity. Breach of this paragraph (b) shall be considered as a material breach not capable of being remedied entitling Everpro Holdings Limited to terminate these Terms and Conditions immediately.
(c) without prejudice to paragraph (b) above, upon the occurrence of a Chargeback in breach of these Terms and Conditions, such Chargeback represents a debt due and payable by You immediately on demand by Everpro Holdings Limited. Each Chargeback will be deducted from any funds held by Everpro Holdings Limited on Your behalf or any sum owed by Everpro Holdings Limited to You from time to time. This paragraph (c) survives termination of the Services or these Terms and Conditions.
If, for any reason, any Remittance Instruction is not completed or unsuccessful, any Liquidity provided in respect of such uncompleted or unsuccessful Remittance Instruction will be returned to the Customer via same payment card number.
- Recall or Cancellation of Remittance Request
You may only cancel a Remittance Instruction over the Everpro Holdings Limited Platform if Liquidity for the Transaction has not been provided, or in such other situations permitted on the Everpro Holdings Limited Platform from time to time.
In exceptional cases, you may recall a Remittance Instruction by sending an email to [email protected] (“Recall Email”). Everpro Holdings Limited shall use reasonable efforts to procure the recall or cancellation of such Remittance Instruction in accordance with the Recall Email, but does not guarantee that any recall of a Remittance Instruction would be successful.
You authorise Everpro Holdings Limited to accept, rely and act upon any Recall Email. Everpro Holdings Limited is under no obligation to check the authenticity or accuracy of any Recall Email received from You and shall not be liable for any Losses incurred or suffered by You or any third party for complying with such Recall Email.
- Customer Responsibility
Prior to submitting a Recall Email to Everpro Holdings Limited, You shall ensure that all information contained in the Recall Email is complete and accurate. If you subsequently learn of any error in the Recall Email, You must immediately notify Everpro Holdings Limited in writing.
- Financial Implications
If You fail to provide timely, accurate and complete information in a Recall Email, Everpro Holdings Limited may be unable to process such Recall Email or may have to delay the processing of such Instruction. Everpro Holdings Limited shall not be liable for any Losses incurred or suffered by You or any third party as a result of such delay or failure in processing such Recall Email. Any funds returned due to a recall or cancellation may be subject to charges and expenses and foreign exchange losses when converted at the prevailing exchange rate and You agree to indemnify Everpro Holdings Limited in full against all Losses incurred by Everpro Holdings Limited in connection with such recall or cancellation.