Terms of service

By registering to use or using the Funki Service, the Customer agrees to the following Terms and Conditions:

1. Definitions

1.1 Funki Finance Limited. (here in after referred to as ' Funki ') provides website (www.funki.com.hk) services (here in after referred to as 'this Service') in accordance with the terms and conditions of this Service. After summiting Users information and start to use this Service, it indicates that Users have read, understood and agreed to accept all the terms and conditions of this Service and fully accept existing and future derived services and contents of this Service. Funki has the right to amend or change the terms and conditions of this Service at any time. The amended terms and conditions of this Service shall be published on the Internet. Funki will not individually inform each User. It is recommended that each User should pay attention to such amendment or change on the go. If a User continues to use this Service after any amendment or change is mad to the terms and conditions of this Service, it is considered that the User has read, understood and agreed to accept such amendment or change. If a User does not agree with the aforesaid amendment or change to the terms and conditions of this Service or does not accept any of the terms and conditions of this Service, the User should immediately stop using this Service.

1.2 The following words and expressions shall have the following meanings when used in these Terms and Conditions:
'Account' means any personal loan account maintained with Funki Finance Limited which has been registered for use via the Funki Service.
'Funki' means Funki Finance Limited.
'Funki Service' means the Internet services provided by Funki Finance Limited (subject to the relevant terms and conditions) from time to time through the internet site established, operated and on behalf of Funki to enable Customers to give instructions to and communicate with Funki on-line for the purposes of conducting financial transactions and other transactions and/or obtaining services, products, information, benefits and privileges from Funki and/or affiliated merchants of Funki.
'Customer' means the holder of an Account, including his/her executor, personal representative, administrator, lawful successor and permitted assign.
'Customer's Computer' means a computer and modem together with all software and other hardware connected thereto necessary to access the Funki Service.
'Hong Kong' means the Hong Kong Special Administrative Region of the People's Republic of China.
'Instructions' means instructions that are given to Funki in accordance with Clause 5 for which a valid Username and Password are given.
'Username and Password' means the user logon identification and password used by the Customer to gain Internet access to his/her Account(s) in accordance with Funki 's required procedures, which may be varied from time to time.

1.2 Headings are used for convenience only and should not be taken into account when construing these Terms and Conditions.

2. Customer's Confirmation of Eligibility

2.1 The Customer confirms that he/she is:
(a) an individual person aged 18 years or older;
(b) either the owner of the Customer's Computer or that the owner of such computer system has duly authorised the Customer to use it to access and use the Funki Service; and
(c) ordinarily resident in, and the Customer's Computer is located in, Hong Kong or in such other jurisdiction where the Funki Service may lawfully be used by the Customer and provided by Funki.

2.2 The Customer agrees to immediately notify Funki in writing if any of the above confirmations ceases to be correct. Unless special arrangements are then agreed in writing with Funki, the Customer must immediately cease using the Funki Service.

3. Limitations of the Internet Technology

3.1 The Customer accepts that the Internet is a rapidly advancing technology. Accordingly, while Funki is committed to developing its Internet capabilities:
(a) the Funki Service may not meet all the Customer's requirements or expectations;
(b) the functionality of the Funki Service may from time to time be varied;
(c) Funki will endeavor to ensure that the Funki Service continues to function, but its operation may be subject to interruptions and/or require periodic modifications and improvements; and
(d) to help reduce the risks, Funki may set (and from time to time revise) limitations on the transaction size, facilities, services and other features of the Funki Service and/or may set user requirements.

3.2 Funki shall not be responsible for delays in the transmission, receipt or execution of Instructions over the Internet due to any cause not under Funki 's reasonable control, including but not limited to a breakdown or failure of communication facilities or interruption, delay, corruption or interception of such communication or other system related failures.

3.3 Funki does not warrant nor represent that the Funki Service is free from virus or other destructive features which may adversely affect the Customer's Computer.

4. Customer's Obligations

The Customer promises that at all times:
(a) the Customer will not disclose or permit any other persons to obtain the Customer's Username and Password or to gain access to the Customer's Accounts through the Funki Service;
(b) the Customer will ensure that no other person has unauthorised access to the Funki (whether by use of Customer's Computer or otherwise) and, without limitation, will ensure that no other person has access to any password or other authentication required to obtain such access;
(c) the Customer will not use or attempt to use the Funki Service for any purpose other than that for which it was intended;
(d) the Customer will not, and will not attempt to, reverse engineer, decompile, disassemble or otherwise tamper with the Funki Service or any systems or software operated by or on behalf of Funki, or assist or permit anyone else to do so; and
(e) the Customer realizes and accepts that any person who possesses, knows or is allowed to find out the Username and Password will be able to access to any of the Customer's Accounts and Funki will not be responsible for any losses in relation thereto.

5. Customer's Instructions

5.1 Funki shall be entitled (but not bound) to accept and rely on all instructions, directions, notices or other communications, whether given by telephone, through the Internet or in writing which are given in accordance with the Username and Password arrangements for the Funki Service (or which Funki otherwise reasonably believes to be genuine) and the Customer shall be responsible for and bound by all such instructions or communications.

5.2 Funki will receive and act on Instructions with respect to Customer's Account(s) or other transactions with Funki, subject always as follows:
(a) Instructions shall not be considered to be received by Funki unless they are given in such manner as Funki may prescribe from time to time and until Funki has actually received them;
(b) Funki shall be entitled (but not bound) to give effect to any Instruction received, in the terms in which it was received. Funki 's record of any Instruction shall (unless there is an obvious error) be final and binding;
(c) Funki accepts no responsibility for the accuracy or completeness of data, or corruption, interception, deletion or loss of data due to fault, failure or malfunction of the Customer's Computer;
(d) the Customer will be bound by any Instruction received in conjunction with Customer's Username and Password; and
(e) normally an electronic acknowledgement will be issued once Funki receives Instructions, but these may not be processed until the next batch processing day for Instructions of that kind. Such acknowledgement shall be deemed to have been received by the Customer immediately after transmission and it is the duty of the Customer to check such acknowledgement. It is also the duty of the Customer to enquire with Funki if the Customer has not received an acknowledgement within the time usually required for a similar acknowledgment to be received.

5.3 The Customer undertakes to confirm any Instruction in writing as soon as possible upon request by Funki.

5.4 Once given, an Instruction may not be amended, cancelled or withdrawn. All Instructions (as understood and acted on by Funki in good faith) shall be irrevocable and binding on the Customer whether given by the Customer or by any other person. Funki shall have no obligation or duty to verify authenticity of any Instruction or the identity or authority of any person giving any Instruction.

5.5 The Customer agrees to notify Funki as soon as practicable if:
(a) immediately after placing an Instruction, the Customer has not received:
(i) an order reference number; or
(ii) an accurate acknowledgement of the Instruction or of its execution (whether by hard copy, electronic or verbal means); or
(b) acknowledgement is received (whether by hard copy, electronic or verbal means) of a transaction which the Customer did not instruct or if any other query or issue arises.

6. Customer's Responsibility for Security

The Customer accepts he/she is responsible for security and agrees to act prudently and in good faith, including taking the following measures to safe-guard the security of the Username and Password and the Funki Service:
(a) access to the Funki Service shall only be made by means of the Username and Password and, where appropriate, pre-registration in accordance with procedures laid down by Funki from time to time;
(b) the Customer must at all times keep his/her Username and Password confidential and must not disclose them to any other person or write it them down or record it them in a manner that could result in its their disclosure or misuse;
(c) the Customer must not allow unauthorised access to the Customer's Computer used for accessing the Funki Service;
(d) if the Customer's Username and Password are disclosed to any other person or there is any actual or suspected misuse of Customer's user logon identification or misuse of the Customer's Computer, then the Customer must notify Funki immediately by telephoning (852) 3955-7100. Written confirmation of any such notification must be provided to Funki, together with detailed information of the misuse, within 24 hours; and
(e) the Customer realizes and accepts that any person who possesses, knows or is allowed to find out the Username and Password will be able to place orders and access any of the Customer's Accounts and (except due to any causes listed in Clause 7.2) Funki will not be responsible for any losses in relation thereto.

7. Liability of Customer

7.1 Unless Clause 7.2 applies, the Customer shall be fully responsible and liable for all consequences arising from or in connection with the use of the Funki Service.

7.2 Provided the Customer complies with Clause 7 (Customer's Responsibility for Security) and provided the Customer, in the opinion of Funki, has not been fraudulent or negligent, then the Customer shall not be liable for unauthorized transactions conducted through the Funki Service due to:
(a) a computer crime that is not prevented by the security system of the Funki Service;
(b) a human or system error caused by or which is under the control of Funki; or
(c) fraud or gross negligence of Funki, its staff or agents;
which results in a loss or missed or mis-directed payment. In such event, the Customer shall be entitled to seek reimbursement from Funki for any interest, charges or late penalty incurred by the Customer for the missed payment if directly attributable to any of the foregoing causes but Funki shall not have any further or other obligations or liabilities to the Customer howsoever arising. In no event shall Funki be liable to the Customer or any other person for any incidental, indirect, consequential or special loss or damage (whether foreseeable or not). However, should the Customer be in breach of Clause 4 or Clause 6, the Customer shall bear any loss or damage arising from (a), (b) or (c) above as the case may be.

7.3 The Customer shall indemnify Funki and keep Funki indemnified against any consequences, claims, proceedings, losses, damages or expenses (including legal costs on an indemnity basis) whatsoever and howsoever caused that may be incurred by Funki in providing the Funki Service to the Customer, whether or not arising from or in connection with and including but not limited to the following:
(a) Funki acting on the Instructions of the Customer;
(b) improper use of the Funki Service by the Customer;
(c) any damage to the Customer's Computer or other computer hardware, devices, facilities or software as a result of accessing or using the Funki Service.

8. Exclusion of Liability of Funki

8.1 Funki shall have no liability for any claim, loss or damage in relation to the Funki Service:
(a) where any functionality of the Funki Service is not available, restricted, suspended or terminated or becomes inoperative;
(b) where any Instruction is not effected, or is delayed or in error for any reason unless due to causes listed in Clause 7.2;
(c) if the Customer fails to carry out those responsibilities set out in Clause 6 (Customer's Responsibility for Security); and/or
(d) to the extent such claim, loss or damage is in respect of any loss of opportunity or any other consequential or indirect loss or liability arising from use of or inability to use the Funki Service or from errors or deficiencies in that system, whether caused by negligence or otherwise.

8.2 Funki Service is provided over the Internet which is open to possible and perpetrated attacks by hackers using various methods which may result in theft or misuse of personal data of Customers by such hackers. While Funki will take reasonably practicable steps to ensure that the personal data of Customers are protected against such unauthorized access, Funki cannot be held responsible for any loss arising therefrom.

9. Service Availability and Termination

9.1 Funki 's service objective is that the Funki Service will normally be available at all times, however:
(a) whenever Funki considers it necessary to do so, it may modify, update, restrict, suspend or terminate:
(i) the availability or any functionality of the Funki Service; or
(ii) the Customer's access privileges in respect of all or any of Funki Service; and
(b) Funki may terminate the registration of any Account of the Customer if such Account has not been accessed via the Funki Service for three months or more.
Wherever practicable, prior notice of any such action will be given on the Funki's website, but in certain circumstances giving prior notice may not be practicable

9.2 The Customer may terminate the use of the Funki Service by giving notice to Funki by telephoning (852) 3755-7100

10. Ownership Rights

The Customer acknowledges that the Funki Service and all associated software are proprietary to Funki. The Customer shall not, and shall not assist or permit any other person to tamper with, modify, decompile, reverse engineer or otherwise alter in any way, and shall not attempt to gain unauthorized access to any part of it. At its discretion, Funki may suspend or terminate the Customer's Username and Password and/or close any Account immediately without prior notice if the Customer at any time breaches this or any other agreement or undertaking or if Funki at any time reasonably suspects any breach. The Customer undertakes to notify Funki immediately if upon becoming aware that any other person is doing any of the above.

11. Amendments

These Terms and Conditions may be amended from time to time by Funki posting a notice on Funki's website. Such amendment shall become effective on the date specified by Funki and shall be binding on the Customer if the Customer continues to maintain or use the Funki Service after the effective date of amendment.

12. Personal Data

The Customer agrees to be bound by Funki 's Privacy Policy which will apply to all data provided by the Customer as well as to data arising as a result of use of the Funki Service. A copy of Privacy Policy is available from the Funki 's website: (www.funki.com.hk)

13. Severability

If any provision hereof shall be declared or adjudged to be illegal, invalid or unenforceable under any applicable law, such illegality, invalidity or unenforceability shall not affect any other provisions hereof which shall remain in full force, valid and effect.

14. Law and Language

14.1 These Terms and Conditions shall be construed and governed by the laws of Hong Kong and subject to the non-exclusive jurisdiction of the courts of Hong Kong.

14.2 If there is any difference between the English and Chinese language versions of these Terms and Conditions, the English language version shall prevail.

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