K Cash提供本服務予借款人，因此本服務的有效性建立於 K Cash與借款人之間。借款人如對本服務有任何爭議或投訴，須與K Cash聯繫以要求適當的調查。對於因借款人使用本服務，使K Cash可能蒙受、招致或遭受與之有關的一切行動、訴訟、法律程序、申索、要求、損失、損害、費用、開支及法律責任，不論實際或是或有，借款人須對K Cash作出完全的彌償。但該彌償不應伸延至僅因K Cash疏忽和故意不當行為所引致的任何虧損或損失。
Terms and Conditions for Video Teller Machine (“VTM” ) Off Line Mode Lending
These terms and conditions (“Terms”) apply to and regulate your use of the VTM Off Line Mode Lending Service (“Service”) provided by K Cash Limited (the “K Cash”).
Definition and Interpretation
In the Terms, the following terms shall, except where the content otherwise requires, have the following meanings:
“VTM” means any Video Teller Machine of K Cash in Hong Kong or any other networks specified by K Cash from time to time where applicable;
“QR Code” means Quick Response Code and the code designated by K Cash as an identification and part of the Lending Instruction and will be sent to your designated mobile phone number to facilitate the Borrower to use it for accessing anyone VTM shop to proceed with such service
“One-time Password” means a short message service one-time password sent from K Cash to your mobile phone number as authentication for K Cash to the Applicant to withdraw cash at K Cash’s VTM;
“Validity Period” means: The QR Code last for 24 hours and the Applicant can use the QR Code to legally access anyone VTM Shop in Hong Kong. Both the QR Code and the OTP will last for not over 24 hours from the time of generation, after it which expires. In case of either the QR Code or OTP expires, the application shall be rejected and the Applicant needs to submit his/her application again.
“Facial Recognition System” means a system capable of identifying or verifying a person from a digital image.
“Finger Vein Verification System” means a system capable of identifying or verifying a person from finger vein
VTM Off Line Mode Lending Service
To use the Service, you need to access K Cash website and choose the service. You need to provide personal data including your mobile phone number. Failure for submission of the same might result in unable to proceed your application. Loan offer will be granted which is subject to the Terms and Conditions. K Cash will send a QR Code and One-time Password (if using Facial Recognition System) to your smart mobile phone and you need to bring it to activate the Service in VTM within the Validity Period. You will need to pass the Facial Recognition System or Finger Vein Verification System. The Service will not be processed unless all required authentication procedures are passed and completed.
Lending Amount Limit
The lending limit of the Service for each account is up to HKD10,000 and is subject to the limit of funds of the VTM.
Initiating Lending Instruction for the Service
To use the Service, when initiating the Lending Instruction, you must confirm that all information and details provided (including but not limited to mobile phone number and Hong Kong Identify Card)) are true and correct in all respects and authorise K Cash to use and/or communicate such information and details with whatever sources that K Cash may consider appropriate for the purpose of verifying the information and details.
You agree to disclose and transfer the mobile phone number(s) entered for the Service and the related information to K Cash and/or any other third party(ies) engaged in any transaction or providing any service in relation to the Service and between any one or more of such entities and their subsidiaries, group members and agents thereof whether in or outside Hong Kong in connection with the provision of the Service (https://kcash.hk/privacy.pdf).
You agrees that except due to gross negligence or willful misconduct of K Cash, you shall be solely responsible for the timeliness, correctness, completeness and accuracy of any information provided by you, including but not limited to, your mobile phone number(s). K Cash shall not be responsible nor liable for any loss or damage arising from any error or delay in the instruction(s) given by you.
Termination of Lending Instruction
You have the option to cancel or terminate the Lending Instruction via before the lending is made by K Cash and within the Validity Period of the Lending Instruction. You must inform K Cash about the termination of lending Instruction immediately to avoid any disputes. The QR Code sent to your mobile phone number is not a proof of payment by K Cash. Making withdrawal under the Service is subject to (i) no termination of Lending Instruction by you and (iii) no suspension of the Service by K Cash.
Suspension or Termination of the Service
The availability and provision of the Service shall be at sole and absolute discretion of K Cash and K Cash may cancel, suspend or terminate the Service or any part thereof at any time with or without cause or prior notice. K Cash shall not be liable for any loss or damage that you may sustain or suffer directly or indirectly because of K Cash’s action.
K Cash does not represent or warrant that the Service will be accessible at all times, or function with any electronic equipment, software, infrastructure or other electronic services that K Cash may offer from time to time Unless a law prohibits K Cash from excluding or limiting our liability, K Cash is not liable for any loss you incur due to any delay or any unsuccessful withdrawal of cash at any VTM as a result of the unavailability of the Service, the unavailability of cash in VTM and/or the unavailability of an VTM near you. Further, unless due to the serious negligence or willful misconduct of K Cash, K Cash shall not be responsible or liable for:
any failure of you to gain access in whole or in part to the Service;
any inaccuracy, incompleteness or error in any information or details or the Lending Instruction given by you in connection with the Service;
any failure to update your mobile phone number(s), lending amount, and/or other information and details under the Service;
any such wrongful, delayed or failed communication made between you and K Cash in connection with the QR Code and One-time Password within the Validity Period; and
your cancellation or termination of the Lending Instruction or K Cash’s suspension or termination of the Service prior to the cash withdrawal of the amount under the Service.
any loss suffered by you or any third party arising from and in connection with the use of the VTM Off Line Mode Service except where such loss is attributable to our gross negligence or willful default. Due to the Service automatically operated without human participation within the shop, our company will not be liable for any inconvenience, loss, damage or personal injury (including without limitation serious injury or death ) that you may suffer or sustain directly or indirectly as a result of attending the shop. Nor will we be liable to you in respect of any other losses arising as a result of any such personal injury.
The availability and provision of the Service is established between you and K Cash. You will need to refer to K Cash in the event of disputes or complaints about the Service for escalation to K Cash for further investigation as appropriate. You shall indemnify and keep K Cash fully indemnified from and against all actions, suits, proceedings, claims, demands, losses, damages, costs, fees and expenses or liabilities of whatever nature which K Cash may suffer, incur, or sustain whether actual or contingent by reason of or arising out of the use of the Service or in connection with any improper use of the Service by you provided that such indemnity shall not extend to any losses or damages arising solely from the negligence or willful misconduct of K Cash.
You understand the need and you agree to protect your mobile device and shall be responsible for all uses of your mobile device (whether authorised by you or otherwise) to access and use the Service.
Further, you understand and agree that the failure on your part to comply with any one of the following precautionary measures may lead to security breach under the Service and K Cash shall not in any event be held responsible or liable for any loss or damage suffered by you as a result thereof and you must:
at all times keep the QR Code and One-time Password strictly confidential and must not disclose them to any other person under any circumstances;
notify K Cash immediately of any actual or possible unauthorised use, loss, theft or disclosure of the QR Code and/or One-time Password to a third party as soon as possible and must confirm the same in writing without delay to K Cash;
not copy the QR Code or write the One-time Password down, and shall memorise the same;
keep the QR Code and One-time Password separate from each other and must not place or store them together;
be alert to the surroundings before withdrawing cash from K Cash’s VTM under the Service, and must make sure that no other person sees or peeks the QR Code and One-time Password;
delete or destroy the SMS notification containing the QR Code or One-time Password after usage. You shall indemnify and keep K Cash fully indemnified from and against all actions, suits, proceedings, claims, demands, losses, damages, costs, fees and expenses or liabilities of whatever nature which K Cash may suffer, incur, or sustain whether actual or contingent by reason of or arising out of any breach by the Sender and the Recipient of the Terms and/or in any aspects under the Service;
Always take your receipts or transaction records with you;
Any withdrawal of amount from any K Cash’s VTM under the Service shall be effected and executed only if there are sufficient funds and within the Validity Period.
K Cash may amend any provisions contained in the Terms and/or add additional provisions to the Terms at any time and from time to time at K Cash’s sole and absolute discretion with appropriate notice. Any amendments and/or additions to the Terms shall become effective and shall be deemed to have been accepted by you if you continue to use the Service after the effective date of the said amendments and/or additions to the Terms.
Governing Law and Jurisdiction
The Terms shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”). You hereby irrevocably submit to the non-exclusive jurisdiction of the Hong Kong Courts to determine, enforce and adjudicate all disputes and claims in connection with the Service and the Terms.
The Chinese version of the Terms is for reference only. If there is any conflict and/or inconsistency between the English and the Chinese versions, the English version shall apply and prevail.
Words and phrases in the Terms shall be read and construed in accordance with the definitions contained herein. Where the context permits, the singular includes the plural and vice versa, the masculine includes feminine and neuter and vice versa.