YOU MUST READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICES. BY SIGNING UP TO BE A MEMBER OF GonPay AND/OR USING THE SERVICES, YOU SHALL BE DEEMED TO HAVE ACCEPTED AND BE BOUND BY ALL THESE TERMS AND CONDITIONS.

1. The Terms and Conditions
(a) The Services provided by APIBIZ Limited ("APIBIZ") are subject to the following terms and conditions which shall form part and partial of the mandates, agreements and documents made between the Member and APIBIZ. Only individual natural person is permitted to apply to be a Member. The Services are available only to individual who can form legally binding contract under the laws of Hong Kong. Without limiting the foregoing, the Services are not available to minors or where not permitted by law. If you do not qualify, please do not use the Services. Every individual natural person is limited to one membership.

(b) APIBIZ shall be entitled to amend and/or change and/or delete and/or add and/or substitute to any of the terms and conditions set out herein from time to time and at any time without prior notice to the Member and such terms and conditions shall be effective and binding on the Member. By using the Services and/or any part thereof on each and every occasion, the Member agrees to and/or is deemed to have agreed to all the terms and conditions in relation to the Services and shall be bound by them absolutely as issued or adopted by APIBIZ from time to time. As such, the Member should visit this page periodically. These Terms and Conditions were last revised on 8 November 2000.

2. Definitions & Interpretation
The following expressions shall have the following meanings respectively :

"Hong Kong" means Hong Kong Special Administrative Region of the People's Republic of China;

"Instruction" means a payment or other request, instruction or direction made, sent, or communicated through the Internet and/or other electronic system or device (whether wired or wireless and whether fixed or mobile) in respect of any matters, actions, services or transactions eligible for the Services and/or provided by or available at GonPay;

"Member" means any person who is signed up as a member of GonPay;

"GonPay" means the Web site (including but not limited to the Web pages comprised therein) with the domain name of "http://www.GonPay.com" on the Internet hosted, operated and maintained by APIBIZ for the provision of the Services;

"Services" means the services or facilities or any part thereof offered and provided by APIBIZ to Members through GonPay, which enable and facilitate any Member to make payment of money or fund to other Member and other services or facilities as offered and provided by APIBIZ through GonPay from time to time; and

"User Guide" means the guides or procedures (whether online or not and whether in electronic or written from) specified or adopted by APIBIZ for the use of the Services and/or the browsing and operation of GonPay (such guide or procedures may be varied, amended, updated or substituted by APIBIZ from time to time without prior notice to the Member).

Words importing the singular include the plural and vice versa, and words importing a gender shall include every gender.

3. Payment Method
(a) Payment by paying Member may be made from or through the following means only :
(i) money transfer from a Hong Kong dollar savings account or current account maintained with a licensed bank in Hong Kong, with the Member being the sole bank account holder; and
(ii) MasterCard credit card with the Member being the sole credit card holder.

(b) Payment to receiving Member may be made to or through the following means only: (i) money transfer to a Hong Kong dollar account maintained with a licensed bank in Hong Kong, with the Member being the sole bank account holder;
(ii) cheque in favour of the receiving Member issued by APIBIZ and drawn on a licensed bank in Hong Kong.

(c) If a Member requests money transfer from or to his bank account, the Member is requested to provide an initial authorization in favour of APIBIZ in such from and content and in accordance with the instructions of APIBIZ. The Member agrees to pay all charges or fees charged by the Member's bank or credit card issuer for the setting up of the initial instruction and for all transfers of money or payments from and to the Member's bank account or credit card account. All payments of money shall be in Hong Kong dollar.

4. Membership & Access to the Services
(a) Before using the Services for the first time, you are required to apply and sign up as a Member online at GonPay or in such other manner as APIBIZ may from time to time specify, and indicate your acceptance of all the terms and conditions governing the use of the Services and GonPay, and to provide such information as APIBIZ may reasonably specify or require. The Member will be requested to verify and identify his identity in accordance with the validation procedures as APIBIZ may from time to time specify.

(b) The granting of access to or availability of the Services to the Member shall be at the sole discretion of APIBIZ who may at any time without prior notice to the Member suspend or cancel the Services or any part thereof as it deems fit or for any reason whatsoever. The Member does not have any claim whatsoever against APIBIZ for any such cancellation or suspension by APIBIZ.

(c) The Member may, subject to these Terms and Conditions, obtain access to the Services through the Internet and/or other electronic system or device (whether wired or wireless and whether fixed or mobile) during such service hours specified by APIBIZ from time to time.

5. Member ID & Password
(a) The Member shall follow the procedures specified by APIBIZ online in designating the Member identification code (the "Member ID") and the password (the "Password"') for identifying the Member for the purposes of the access and/or uses of the Services.

(b) The Member ID cannot be changed by the Member. The Member may apply to APIBIZ for change of the Password, and any change of the Password shall be effective only if accepted by APIBIZ.

(c) The Member agrees and acknowledges that the Member ID and/or Password is confidential and shall not disclose the Member ID and/or Password to any person and shall exercise all due care and precaution to prevent the Member ID and/or Password being used by any other person. Any action or omission whether intentionally or unintentionally breaching that confidentiality shall render the Member liable to APIBIZ for all the losses and damages whatsoever arising from or as a result of such breach.

(d) The Member shall notify APIBIZ immediately of any actual or possible unauthorized use or loss of the Member ID and/or the Password and shall on each occasion confirm in writing to APIBIZ. Unless and until APIBIZ shall have received such notification, the Member shall : (i) bear and be liable to all the Instructions, consequences and transactions of the use of the Services whether authorized by the Member or not, and shall have no claim whatsoever against APIBIZ; and (ii) be liable to and indemnify APIBIZ for all costs (legal or otherwise), expenses, losses and damages suffered or incurred by APIBIZ in respect of any use of the Services whether authorized by the Member or not.

(e) Upon receipt of report or notice of unauthorized use or loss of Member ID and/or Password, APIBIZ shall have the absolute right to suspend or cancel the relevant Member ID and/or Password and/or to suspend, terminate or stop all or any part of the Services to the relevant Member.

6. Instruction
(a) The Member is required to quote the Member ID and Password in order to log-on or access to the Services and give Instructions to APIBIZ online. Instructions in connection with the Services shall not be considered to be received by APIBIZ unless they are given in accordance with the User Guide and until APIBIZ has actually received them. The Member acknowledges and agrees that APIBIZ may refuse to act upon an Instruction for any reason whatsoever and may defer acting thereon or seek further information with respect to the Instruction as it thinks fit.

(b) APIBIZ is authorized (but not obliged) to act on any Instruction which APIBIZ in good faith believes to be given by the Member by quoting the Member ID and the Password and in accordance with the User Guide. All Instructions shall be irrevocable and unconditional and may be acted or rely upon by APIBIZ irrespective of any other circumstances. Any Instruction, once given, may not be rescinded or withdrawn without the consent of APIBIZ. Where use of the Services has been in compliance with the User Guide, such use shall be treated or be deemed to have been made or duly authorized by the Member, and shall be binding on the Member in all respects and for all purposes.

(c) APIBIZ shall not be under any obligation to verify the identity or authority of any person giving Instruction and the authenticity of such Instruction. APIBIZ shall not be liable for relying or acting in good faith on Instruction which are given or purported to be given by any person(s) whom APIBIZ genuinely believes to be the Member, regardless of the circumstances prevailing at the time of such Instructions, the nature of the arrangement, services or transaction made pursuant to such Instruction or the amount of money involved and notwithstanding any error, misunderstanding, fraud, forgery or lack of clarity or authorization in the terms of such Instruction.

(d) The Member has the sole responsibility for accurately describing or identifying the receiving Member and all the necessary information of the receiving Member in order to enable APIBIZ to carry out any Instruction. APIBIZ is not responsible for confirming such information, or for monitoring or refusing to process duplicate Instructions. If the Member gives an Instruction that is incorrect, the Member agrees that APIBIZ may charge the Member's bank account or credit card for the payment whether or not the error could have been detected by APIBIZ. APIBIZ is not obligated to detect errors in the Member's Instruction.

(e) APIBIZ may transmit a confirmation upon receipt of a Instruction via the Services. The Member is responsible to ensure the confirmation agrees with the Instruction and shall transmit a re-confirmation within the time specified by APIBIZ from time to time. The Member agrees that it cannot countermand, revoke or terminate the Instruction after re-confirmation has been received by APIBIZ. Completion advice that an Instruction and/or a transaction has been received and/or effected through the Services will be provided by APIBIZ online through GonPay. Such completion advice shall be deemed to have been received by the Member immediately after transmission and it is the duty of the Member to check such completion advice. It is also the duty of the Member to enquire with APIBIZ if the Member does not receive any completion advice within the time usually required for a similar advice to be received.

(f) The Member agrees and authorizes that upon receiving from the Member an Instruction for paying money to another Member, APIBIZ may act upon such Instruction and to transfer money or fund from or debit the bank account or credit card account of such paying Member.

(g) The Member agrees and authorizes that upon receiving from the Member an Instruction for receiving money from another Member, APIBIZ may act upon such Instruction and to transfer money or fund to or credit the bank account or credit card account of such receiving Member. The money or fund so transferred or credited to APIBIZ is money or fund entrusted by the paying Member to APIBIZ as agent of the paying Member so as to enable APIBIZ to pay or transfer the said money or fund to the receiving Member (the "Payment Money"). Subject to the terms and conditions hereof, the paying Member is not entitled to demand APIBIZ to return or refund the Payment Money to the paying Member.

(h) APIBIZ will return or refund the Payment Money to the paying Member in the following circumstances :
(i) if APIBIZ is enable unable to contact the receiving Member within a period to be determined by APIBIZ;
(ii) if the receiving Member does not agree to receive the Payment Money;
(iii) if, for any reason, APIBIZ cannot send or transfer the Payment Money to the receiving Member within a period to be determined by APIBIZ;
(iv) if, for any reason, the Instruction of the paying Member in respect of the Payment Money is rescinded, withdrawn, terminated or cancelled with the consent of APIBIZ; and
(v) if, for any reason, APIBIZ determines to return or refund the Payment Money to the paying Member.

(i) Any Instruction, order or transaction executed after the cut-off time of the Services (such cut-off time shall be determined by APIBIZ) on any business day may at the absolute discretion of APIBIZ be treated as to have effect on the next business day. APIBIZ reserves the right to change the cut-off time without prior notice to the Member. The Member agrees that Instruction submitted or placed by the Member on any day may at the discretion of APIBIZ be processed on the day of the Instruction or the next business day.

(j) The Member hereby agrees that APIBIZ's record of all the Instructions given or transactions effected shall be conclusive evidence of such Instructions and use which shall be binding on the Member in all respects and for all purposes.

7. Fees and Charges
(a) The Member agrees to pay APIBIZ all and any fees and charges as advised by APIBIZ from time to time in connection with the provision or use of the Services. APIBIZ shall determine and notify the Member of the rate of any fee and charge from time to time which shall be binding on the Member if the Member continues to maintain or use the Services after the effective date for imposing the fee or charge or the revised fee or charge.

(b) The Member hereby authorizes APIBIZ to debit or transfer from the Member's bank account or credit card account with the amount of such fees or charges. The fees and charges of APIBIZ shall be payable in advance and are non-refundable.

8. Member's Acknowledgement, Undertakings and Agreement
(a) The Member shall provide such information as APIBIZ may from time to time reasonably request for the purposes of providing the Services. The Member undertakes and confirms that information given by the Member true, correct, complete and up-to-date and is not misleading. The Member undertakes to inform and update APIBIZ with any change of the Member's information.

(b) The Member shall not, and shall not attempt to de-compile, reverse-engineer, translate, convert, adapt, alter, modify, enhance, add to, delete or in any way tamper with any part of the Services or the GonPay or any software and/or know-how and/or technology comprised in them. The Member agrees to comply with the terms of licence agreement of any software made available by APIBIZ to the Member.

(c) The Member hereby agrees, confirms and acknowledges that information received via the Services or posted on or available at GonPay is for reference only and APIBIZ shall not be held liable for or in connection with the accuracy or completeness of such information or error occasioned by omission, act, fault or negligence of or by any machine, system, programme, person and/or circumstance beyond the reasonable control of APIBIZ. APIBIZ reserves the right to update and vary such information from time to time and at any time.

(d) The Member acknowledges that (i) APIBIZ and/or GonPay is not a bank or deposit-taking company, (ii) APIBIZ does not maintain any bank account or any current, savings or deposit account for the Member.

(e) The Member acknowledges that (i) interest or other money earned on the Payment Money awaiting clearance, pending payment to the receiving Member, or until return or refund to the paying Member, or (ii) payment or money attributable to the Payment Money but arising from other arrangement made by APIBIZ will be the property of APIBIZ.

(f) The Member acknowledges that APIBIZ and/or GonPay is not an escrow service provider, and understands that APIBIZ does not make any guarantee regarding purchase made when using the Services. The Member acknowledges that APIBIZ does not ensure the quality, safety, or legality of any transaction consummated.

(g) The Member is fully responsible for any goods bought or sold or any services provided by or to another user or Member and settled through GonPay and the Services. The Member agrees that a payment received from or paid to another Member is final and not reversible. APIBIZ does not have and assumes any responsibility or obligations in any disputes that arise between Members relating to payments made or any other transactions between Members.

9. Member's Responsibilities and Liabilities
(a) The Member agrees to comply with the laws that apply to the Member's use of the Services and GonPay. The Member shall be fully liable and responsible for all consequences arising from or in connection with use of the Services and/or access to any information as a result of such use by the Member.

(b) The Member shall at all times be responsible at his own costs and expenses for selecting, obtaining, installing, operating and maintaining suitable, reliable and capable equipment and software to obtain access to the Services. APIBIZ is not responsible for any errors, failures, or malfunctions of the Member's equipment or software, or for any computer virus or related problems that may occur with the Member's use of the Services.

(c) Payment to receiving Member will not be made until money or fund has been duly cleared or transferred from the paying Member. Some transactions may take a very long time to be received by the receiving Member. Member is advised to give, send and place Instruction to APIBIZ at a time reasonably before the payment is due. It is the Member's responsibility to arrange that payment be made in such a manner that they will be paid on time. The Member is solely responsible for any loss or damages, such as late charges, that may be imposed as a result of the Member's failure to identify the correct payment date and give, send and place Instructions to APIBIZ in a timely manner.

(d) The Member shall not use or knowingly allow any other person to use the Services for or in connection with any illegal purpose or activity. The Member shall notify APIBIZ immediately if he becomes aware of such use. The Member shall also notify APIBIZ immediately of any actual or possible unauthorized use of the Member's bank account or credit card account, or use of the Services and shall on each occasion confirm in writing to APIBIZ. Unless and until APIBIZ shall have received such notification, the Member : (i) shall bear and be liable to all the consequences and transactions of all the aforesaid uses whether authorized by the Member or not, and shall have no claim whatsoever against APIBIZ; and (ii) shall be liable to and indemnify APIBIZ for all costs (legal or otherwise), expenses, losses and damages suffered or incurred by APIBIZ in respect of any of the aforesaid uses whether authorized by the Member or not.