Terms and Conditions
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- 1. Changes to the Terms of Use
- 2. Accessing the Website
- 3. Intellectual Property Rights
- 4. Trademarks
- 5. Prohibited Uses
- 6. No Reliance on Information Posted
- 7. Privacy
- 8. Third Party Website Links
- 9. Disclaimer of Warranties
- 10. Limitation on Liability
- 11. Indemnification
- 12. International Users
- 13. Severability; Waiver
- 14. Governing Law
- 15. Your Comments and Concerns
These Website Terms of Use ("Terms of Use") form a legal agreement between you and Winupay ("Winupay", "we", "us", or "our"). They govern your access to and use of www.winupay.com (and any other websites linking to these Terms of Use), as well as all related services, materials, tools, and functionality provided through our platform (collectively referred to as the "Website"). The term "you" applies to any individual or entity accessing or using the Website.
Please review these Terms of Use thoroughly before using the Website. By accessing or using the Website, you fully accept and agree to be bound by these terms. If you do not agree with any part of these Terms of Use, please refrain from accessing or using the Website.
Important note: Our products and services (including free trials) are governed by the separate Terms and Conditions (or other applicable agreements between you and Winupay for service provision), not these Website Terms of Use. These separate agreements outline our service delivery, payment terms, and other service-related provisions.
1. CHANGES TO THE TERMS OF USE
We reserve the right to revise and update these Terms of Use at our sole discretion. All changes take effect immediately upon posting. Your continued use of the Website after revised Terms of Use are posted constitutes your acceptance of the updated terms.
2. ACCESSING THE WEBSITE
We may terminate, alter, or modify the Website, or any services or materials provided on it, at our sole discretion and without prior notice. We shall not be liable if the Website (in whole or in part) is unavailable at any time or for any duration, regardless of the reason.
3. INTELLECTUAL PROPERTY RIGHTS
The Website and all its contents, features, and functionality (including but not limited to information, software, text, displays, images, video, audio, and their design and arrangement) are owned by Winupay, its licensors, or other content providers. These materials are protected by Hong Kong and international copyright, trademark, patent, trade secret, and other intellectual property laws. All rights not explicitly granted herein are reserved exclusively by Winupay.
These Terms of Use authorize you to use the Website solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Website except for personal use. If social media features are available, you may use them as intended by the functionality.
No right, title, or interest in the Website or any of its content is transferred to you under any circumstances. Any use of the Website not expressly permitted by these Terms of Use constitutes a breach of these terms and may violate applicable intellectual property laws.
4. TRADEMARKS
All trademarks, service marks, logos, and trade names displayed on the Website (whether registered or unregistered), including but not limited to the "Winupay" word mark and logo (collectively, the "Marks"), remain the exclusive property of Winupay or its licensors (as applicable). These Marks are protected by applicable intellectual property and trademark laws and treaties.
You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any Marks in any manner—including in advertising or publicity related to Website material distribution—without Winupay’s prior written consent, which is at our sole discretion. Using any Marks on other websites is prohibited without express written permission from Winupay.
5. PROHIBITED USES
You may only use the Website for lawful purposes and in compliance with these Terms of Use. You agree not to use the Website in the following ways:
- In any manner that violates applicable federal, state, local, or international laws or regulations (including but not limited to laws governing data or software exports to/from the US or other countries).
- To send, knowingly receive, upload, download, use, or reuse any material that does not comply with these Terms of Use.
- To transmit or facilitate the transmission of any advertising or promotional material, including "junk mail", "chain letters", "spam", or similar solicitations.
- To impersonate or attempt to impersonate Winupay, a Winupay employee, another user, or any other person or entity (including through the use of associated email addresses or screen names).
- To engage in conduct that restricts or inhibits others’ use or enjoyment of the Website, or that we determine may harm Winupay, Website users, or expose them to liability.
- If you are a competitor, or for purposes of monitoring Website availability, performance, or functionality, or any other benchmarking or competitive activities.
Additionally, you agree not to:
- Use the Website or any device, software, or routine in a way that could disable, overburden, damage, or impair the Website’s proper functioning, or interfere with other parties’ use of the Website (including real-time activities).
- Modify copies of any materials from the Website.
- Use any illustrations, photographs, video/audio sequences, or graphics separately from their accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of Website materials.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose (including monitoring, scraping, or copying materials).
- Introduce viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Website, its hosting server, or any connected servers, computers, or databases.
- Attack the Website via a denial-of-service (DoS) or distributed denial-of-service (DDoS) attack.
- Otherwise attempt to interfere with the Website’s proper functioning.
6. NO RELIANCE ON INFORMATION POSTED
To the maximum extent permitted by applicable law: Information provided on or through the Website is for general informational purposes only. We do not guarantee the accuracy, completeness, timeliness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.
We disclaim all liability and responsibility arising from any reliance placed on Website materials by you, other visitors, or anyone informed of their contents. While we may periodically update or correct information, the Website may contain typographical errors, technical inaccuracies, or omissions. We make no representations or warranties regarding information accuracy and expressly disclaim any obligation to update it. We also reserve the right to add, delete, or modify information at any time without prior notice.
The Website may include third-party content or materials. All statements and opinions expressed in such content are solely those of the providing party and do not necessarily reflect Winupay’s views. We are not responsible or liable to you or any third party for the content or accuracy of third-party materials.
7. PRIVACY
Our Privacy Policy outlines how we collect, use, and disclose personal information in connection with the Website. This Privacy Policy is expressly incorporated into these Terms of Use. By using the Website, you agree to the collection, use, and disclosure practices described in the Privacy Policy.
8. THIRD PARTY WEBSITE LINKS AND OTHER INFORMATION; SOCIAL MEDIA
The Website may contain links to third-party-owned and controlled websites for your convenience only. These linked sites have their own terms of use and privacy policies, which we encourage you to review before use. We are not responsible or liable for the content, activities, or policies of these third-party sites. You access them entirely at your own risk.
As noted earlier, the Website may include third-party content or materials. All statements and opinions in such content are the sole responsibility of the providing party and do not necessarily reflect Winupay’s views. We are not liable for the content or accuracy of third-party materials.
The Website may include features that integrate with third-party social networking sites (e.g., Facebook, Instagram, YouTube) ("Social Network Features"). Your use of these features is governed by these Terms, but your access to and use of the third-party social networking sites themselves is subject to each site’s own terms. You are responsible for ensuring your use of these sites complies with their applicable terms of service.
9. DISCLAIMER OF WARRANTIES
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND RELATED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND—EXPRESS OR IMPLIED.
WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NEITHER Winupay NOR ANY ASSOCIATED PARTIES MAKE WARRANTIES OR REPRESENTATIONS REGARDING THE WEBSITE’S COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY.
WITHOUT LIMITING THE FOREGOING, NEITHER Winupay NOR ITS ASSOCIATES WARRANT THAT THE WEBSITE, ITS CONTENT, OR RELATED SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE WEBSITE OR ITS HOSTING SERVER ARE FREE OF VIRUSES OR HARMFUL COMPONENTS; OR THAT THE WEBSITE OR SERVICES WILL MEET YOUR NEEDS OR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS. WHILE WE STRIVE TO MAINTAIN A SAFE USER EXPERIENCE, WE CANNOT AND DO NOT WARRANT THAT THE WEBSITE OR ITS SERVERS ARE VIRUS-FREE. THIS DISCLAIMER DOES NOT AFFECT WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR ITS CONTENT, YOUR SOLE REMEDY IS TO CEASE ACCESSING AND USING THE WEBSITE AND ITS CONTENT.
10. LIMITATION ON LIABILITY
IN NO EVENT SHALL Winupay, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY DAMAGES—INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES—ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE, LINKED WEBSITES, THEIR CONTENT, OR RELATED SERVICES. THIS INCLUDES DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, PROFITS, BUSINESS, ANTICIPATED SAVINGS, USE, GOODWILL, OR DATA—WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE—EVEN IF FORESEEABLE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Winupay (and its affiliated companies, contractors, employees, directors, officers, licensors, and agents) from and against all claims, suits, actions, losses, costs, damages, and other liabilities (including reasonable attorneys’ fees) brought by third parties. This indemnification applies to claims arising from or related to: (i) your use or misuse of the Website; (ii) your violation of applicable laws or the rights of any person or entity; or (iii) your breach of these Terms of Use.
12. INTERNATIONAL USERS
The Website is operated from Hong Kong. If you access the Website from outside Hong Kong, you are responsible for complying with all applicable local laws and regulations. For information about our collection of personal data, please refer to our Privacy Policy.
13. SEVERABILITY; WAIVER
If any provision of these Terms of Use is deemed unlawful, void, or unenforceable, that provision shall be severed from the Terms without affecting the validity and enforceability of the remaining provisions.
A provision of these Terms may only be waived by a written instrument signed by the party entitled to its benefit. Failure by any party to enforce any provision at any time does not waive that party’s right to enforce it later. A waiver of any breach of a provision does not constitute a continuing waiver of other breaches of the same or other provisions.
14. GOVERNING LAW
These Terms of Use are governed by and construed in accordance with the laws of Hong Kong, excluding any conflict of law principles that would require the application of another jurisdiction’s laws.
15. YOUR COMMENTS AND CONCERNS
For feedback, comments, technical support requests, or other communications related to the Website, please contact us at service@winuone.com.