top of page

Terms of Use

​

IMPORTANT Please read these terms and conditions (“Terms”) carefully and in full before you register to use the Services, as they contain important information about, and conditions upon which, our reward points scheme and related insurance services are provided to you. By registering to use the Services, you acknowledge that you have fully and carefully read these Terms and agree to be bound by them and all applicable terms incorporated by reference.

 

  • Accessing & Using the Machines

    • Payboy cash collection and related services are provided to you by Payboy Limited (“Payboy” / “we” / “us”), which allow you to insert coins into one of our cash collection machines (“Machines”) and to choose to (i) redeem electronic voucher(s) from one or more of our merchant partners in Macau; (ii) give charitable donation(s) to one or more of our selected charity partners in Macau; and/or enjoy any other services which we may introduce from time to time (collectively, the “Services”).

    • You agree to, when accessing and using our Machines and Services, abide by these Terms and any applicable terms, conditions, licenses and/or regulations provided by our venue or location partners at whose premises/properties our Machines are located. Should you redeem electronic vouchers from our merchant partners, and/or give charitable donations to our charity partners, you acknowledge that you have read, and agree to be bound by, any applicable terms and conditions provided by these partners. You may contact us or our partners directly for a copy of their applicable terms, conditions, licenses and/or regulations.

    • Without prejudice to the foregoing, you must:

      • ​follow all instructions provided on our Machines, websites, emails and other means of communications when accessing and using our Machines and Services;

      • only insert coins of local Macau and/or Hong Kong currency into the Machines, and not to insert any foreign currency, damaged coins, coins with dirt or debris attached thereto, commemorative coins, non-currency tokens, or any other types of coins, tokens or objects that may otherwise obstruct, damage or adversely affect the operation of the Machines;

      • ensure you comply with any local laws, rules, regulations and these Terms on accessing and using the Machines and Services;

      • not use the Machines or Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms or in any manner which would cause or result in any damage or loss to us (whether monetary, reputation or otherwise) or cause us to breach or not comply in full with any applicable laws, regulations and rules, or act fraudulently or maliciously (for example by hacking into or inserting malicious codes into the Machines or our servers);

      • only use the Machines or Services for personal purposes and must not use them for commercial purposes, for example, to derive income or misuse any information (including personal information) you obtain through the Services, whether for direct commercial or monetary gain or otherwise;

      • not damage, obstruct, interfere with or otherwise adversely affect, directly or indirectly by any means, the operation of the Machines, nor to use the Machines or Services in a way that could damage, disable, overburden, impair or compromise the Services, our systems or security or interfere with other users; and

      • not collect, collate or harvest any information or data from the Machines, Services or our systems or attempt to decipher any transmissions to or from the servers running the Machines or attempt to use such information or data to create, amend or update your records or for any commercial or non-personal use such as marketing or promotional activities or sharing with someone else.

    • ​Your use of the Machines and Services may incur charges when you use SMS, MMS, data and/or make telephone calls. You must settle those charges with your mobile service provider at your own expenses.

    • Once you have confirmed the amount of cash collected by our Machine, the amount will be non-refundable. Please keep all your transactional records (including but not limited to any SMS, MMS confirmation email or other means of communication) for any future enquiry. 

    • Before you leave please check the return slot for any coins returned. We will not be responsible or liable for any loss or purported loss of coins.

    • For security purposes, you acknowledge and agree that we, and/or any of our venue or location partners, may take video graphic, photographic and/or any other form of footages or make audiovisual records of the Machines and its surrounding areas in the course of your accessing and using the Machines. Please refer to Section 5 below for further information about our privacy policy and how we protect your personal information and data.

​

  • Using Payboy Services

    • Giving Charitable Donations

      • Should you choose to give away charitable donation with your cash, your charitable donation will be transferred evenly to all the designated charities in our Payboy donation network. When using this function, Payboy acts solely as a platform upon your instruction to send the amount to the charities.

    • Redeeming Gift Vouchers​

      • You may use Payboy Machines to redeem electronic vouchers provided by the participating merchant(s). When using this function, Payboy acts solely as a platform and upon your instruction to send the amount to the participating merchant(s) for the sole purpose of redeeming electronic voucher(s) of that participating merchant(s).

      • Please follow all instructions given to you on our Machine, website and/or emails for redeeming of your vouchers within the specified period. 

      • The participating merchant (and not Payboy) is responsible for:

        • The availability, supply, delivery, return and refunds of, and fulfillment of any order placed by you for any product or service, including whether a delivered product conforms to the description of a participating merchant; and

        • the quality, safety or legality of the products or services advertised, the accuracy of the description of the products or services or the ability of the participating merchant(s) to sell and deliver the products or services.

      • Choosing to redeem an electronic voucher of any participating merchants does not create a contract between you and Payboy for the supply of any product or services. In all circumstances, any contract that is formed for the supply of products or services is only between you and the relevant participating merchant. We shall not be responsible for, and has no liability to you for any matters or disputes arising out of or in connection with the provision of any product or services to you by any participating merchant(s).

      • You cannot cancel or change the redemption as it is processed straight away.

      • You undertake to us to comply with any terms and conditions you agree with a participating merchant. 

      • You should direct any enquiry or complaint in respect of any product or service of any participating merchant to the respective participating merchant.

​

  • Protecting Your Information & Privacy

    • At Payboy, we are committed to protect your personal information and privacy. For more information about how we collect, handle and protect your personal information and privacy, please refer to our Privacy Policy at this link: www.payboy.tech/privacy-policy. The use of your personal information by the participating merchants and charities will be governed by its own privacy policy or terms and conditions.

 

  • Intellectual Property Rights

    • All intellectual property rights of and in the Machines and any other materials provided in connection with the Services belong to Payboy, or our location, electronic vouchers, charity and/or merchant partners.

​

  • Disclaimer & Limitation of Liability

    • To the fullest extent permitted by applicable law: (a) the machine, services and any related materials are provided on an "as is" and “as available” basis without warranties of any kind, either express or implied, except as expressly provided to the contrary in a writing by us; (b) we disclaim all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the services, including the information, content and materials contained therein; (c) we do not represent or warrant that content, materials or functions of the machines and services are accurate, complete, reliable, current or error-free; (d) we are not responsible for typographical errors or omissions relating to text or photography; and (e) while we attempt to make your access to and use of the machines and services safe, we cannot and do not represent or warrant that the machines, services or our server(s) are free of viruses or other harmful components.

    • To the fullest extent permitted by applicable law, in no event shall Payboy be liable for any direct, indirect, special, incidental, or consequential losses or 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 to the access to or use of the machines, services or any related materials or otherwise related to these terms (including but not limited to any damages that result from events beyond our reasonable control, such as interruptions, deletion of files or email, errors or omissions, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from force majeure, communications failure, theft, destruction or unauthorized access to our records, programmes or services), even if we have been advised of the possibility of such damages.

    • To the fullest extent permitted by applicable law, in no event shall our liability, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), or other theory, arising out of or relating to the use of or inability to use the machine or services, including information, content, materials, and functions contained therein, exceed any compensation you pay, if any, to us for access to or use of the machine or services.

    • The limitations set forth in this section will not limit or exclude liability for personal injury, death or property damage caused by the services or for our gross negligence, fraud or intentional, willful, malicious or reckless misconduct.

​

  • Third Party Content and Rights

    • We may provide third party content on the Machines and Services and may provide links to web pages and content of third parties (collectively, "Third-Party Content") as a service to those interested in this information, including but not limited to content and information about our charity partners, and/or electronic vouchers offered by our merchant partners. We do not control, endorse or adopt any Third-Party Content and make no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. You agree to use any such Third-Party Content at your own risk.

    • These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations to any such third party. No other person who is not a party to these Terms has any right under the laws of Macau to enforce any of these terms and conditions and/or benefit of these terms and conditions.

​

  • Termination

    • You may terminate the Services at any time you wish by submitting a designated termination form to us. You can contact us at info@payboy.tech to request for the form. You will not be able to use the Services after the Services have been terminated.​

    • We can terminate the Services to you by giving you at least thirty (30) days’ notice in writing. Any benefit or services linked to the Services will stop at the same time.​

    • We may immediately stop providing you the Services, and/or access to the Machines, if we reasonably believe you have seriously or persistently breached any of these Terms or we have reasonable grounds for thinking that you have done any of the following things, which you must not do:​

      • you have put us in a position where we might break a law, regulation, code or other duty that applies to us if we continue to provide you any Services or access to any Machines;

      • you have given us any false, inaccurate or misleading information at any time;

      • you have committed (or attempted to commit) fraud against us or someone else;

      • you have used (or allowed someone else to use) your Payboy electronic vouchers illegally or for criminal activity or for any other purposes which in our reasonably opinion we consider to be inappropriate;

      • you have inappropriately let someone else use your Payboy electronic vouchers; or

      • you have behaved in a threatening or abusive manner to our staff or any other users of the Machines or Services.

    • We can also immediately stop providing you any Services, or access to any Machines, if we reasonably believe that continuing to do so might expose us to action or censure from any government, regulator or law enforcement agency.​

    • We can stop providing you any Services, or access to any Machines, if we find out that you are not eligible for the Services. We will try to tell you in advance if this happens, but if we were breaching any rules or laws by continuing to offer you the Services, we would have to stop providing you the Services immediately.

​

  • Miscellaneous

    • Charges

      • In addition to any applicable charges and fees under these Terms, we reserve the right to charge you for any Services provided to you and to determine the applicable amount of fees anytime at our sole discretion. Any such latest fees and/or charges will be displayed on the machines and/or on its user interface. You agree that we may deduct any applicable charges or fees from the amount of coins inserted by you before we handle your instruction(s) to use for charitable donations and/or electronic voucher redemption as appropriate. You shall bear and pay all taxes imposed under any applicable laws.​

    • Force Majeure

      • Neither you nor Payboy shall be in breach of these Terms nor liable for delay in performing, or failure to perform, any of its obligations under these Terms if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances, the affected party shall be entitled to a reasonable extension of the time for performing such obligations.

    • Entire Agreement

      • These Terms constitutes the entire agreement between you and Payboy and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

    • Waiver & Severance

      • No failure or delay by Payboy to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

      • If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms.

    • Customer Enquiry & Complaint

      • All questions, comments and/or customer complaints about these Terms should be directed to info@payboy.tech.​

    • Changes to the Services and/or these Terms​

      • We reserve the right to change or modify the Services and/or these Terms at any time and in our sole discretion. If we do make any such changes, we will, where practicable, provide notice of such changes, such as by sending an email, or posting a notice on the machines. Your continued use of our services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of our services. If you do not agree to the amended Terms, you must stop using the Services.

​

  • Other applicable terms

    • These Terms of Service refer to the additional terms in our Privacy Policy Statement, which also apply to your use of our Services:

      • Our Privacy Policy Statement sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Services, you consent to such processing and you warrant that all data provided by you is accurate. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information both within and outside of Macau for storage, processing and use by us. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services.

​

  • Information about us​

    • The Services are provided and operated by Payboy Limited.

    • We are a limited liability company registered in Macau and have our registered office at Avenida Almirante Lacerda, N’s 139 a 147, Edificio Industrial Nam Iek, 12 andar A, sala D em Macau.

​

  • Changes to our Services​

    • The Services that we provide are always evolving and the form and nature of the Services that we provide may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time and without prior notice to you

    • We make no representations, warranties or guarantees, whether express or implied, that our Services or any content on our site is accurate, complete or up-to-date.

​

  • Accessing our Services​

    • Our Services are made available free of charge.

    • We do not guarantee that our Services, or any content, will always be available or be uninterrupted. Access to our Services is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Services without notice. We will not be liable to you if for any reason our Services are unavailable at any time or for any period.

    • You are responsible for making all arrangements necessary for you to have access to our Services

    • You are also responsible for ensuring that all persons who access our Services through your internet connection are aware of these Terms of Service and other applicable terms and conditions, and that they comply with them.

​

  • Your license to use the Services

    • Payboy Limited gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software and hardware that are provided to you by us as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Payboy Limited, in the manner permitted by these Terms of Service.

​

  • Your rights

    • You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

    • You agree that this license includes the right for us to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with Payboy Limited for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.

    • Such additional uses by Payboy Limited or other companies, organizations or individuals who partner with Payboy Limited may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.

    • We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

    • You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Payboy Limited will not be responsible or liable for any use of your Content by Payboy Limited in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

​

  • Content on the Services

    • All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content.

    • You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty and you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

    • Any content you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.

    • The views expressed by other users on our site do not represent our views or values. We do maintain the right to remove any posting you make on our site if, in our opinion, your post does not comply with our content standards. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

    • We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

​

  • Content copyright policy

    • Payboy Limited respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and that you are authorized to act on behalf of the copyright owner.

    • We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if the user is determined to be a repeat infringer. Our address for notice of alleged copyright infringement appearing on the Services is info@payboy.tech.

​

  • Use of the Services

    • We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Payboy Limited its users and the public.

    • We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

    • You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Payboy Limiteds computer systems, or the technical delivery systems of Payboy Limiteds providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions), (scraping the Services without our prior consent is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, trojan, worm, logic bomb or other material which is malicious or technologically harmful, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

    • We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.

​

  • Linking to Us

    • You may link to our Services provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Services in any website that is not owned by you. We reserve the right to withdraw linking permission without notice.

​

  • Third party links and resources in our site

    • The links from the Services may take you to other sites or services and you acknowledge and agree that Payboy Limited has no responsibility for the accuracy or availability of any Information provided by third parties services and websites.

    • The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Payboy Limited on the Services are subject to change. In consideration for us granting you access to and use of the Services, you agree that Payboy Limited and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.

    • Links to other websites and services do not constitute an endorsement by us of such websites or services, or the Information, products, advertising or other materials available made available by such third parties.

​

  • Indemnity​

    • You agree to defend, indemnify and hold us harmless from and against all liabilities, damages, claims, actions, costs and expenses (including without limitation legal fees), in connection with or arising from your breach of any of these Terms of Service and/or your use of the website. We may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defence and control of any claim or action.

​

  • Several users

    • If there are two or more persons adhering to these Terms of Service as user, their liability under the Terms of Service is joint and several, and their rights are joint.

​

  • Waiver & Severance

    • No failure or delay by Payboy to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

    • If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms.

​

  • Changes to the Services and/or these Terms

    • We reserve the right to change or modify the Services and/or these Terms at any time and in our sole discretion. If we do make any such changes, we will, where practicable, provide notice of such changes, such as by sending an email, or posting a notice on the machines. Your continued use of our services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of our services. If you do not agree to the amended Terms, you must stop using the Services.

​

  • Governing law and jurisdiction

    • These Terms shall be governed by the laws of Macau. The courts of Macau shall have jurisdiction to settle any disputes that may arise out of or in connection with these Terms.

​

  • Languages

    • Any Chinese translation of these English terms and conditions provided is for reference only. This English version shall prevail in case of any inconsistency or ambiguity between the English and the Chinese versions.

​

Last updated: 22 December 2020

​

bottom of page