Under these Terms and Conditions, SVVAP will grant you access to and use of the SVVAP System, which will give you, as a consumer (“Shopper”), an option to make payment of the purchase price to our associated merchants for purchase of merchants’ products through their online and physical stores in instalments and on a deferred basis (our “Services”) which are payable at the times stated in the repayment schedule as determined by SVVAP (“Repayment Schedule”). The aggregate value of such instalments (“Deferred Order Value“) and the rights, title and interest to the Deferred Order Value, including the right to impose a late payment charge and receive the proceeds thereof, and to determine all requests for refunds or reversals in relation thereto, the “Deferred Payables“.
By using the SVVAP System and our Services, you acknowledge that the merchant is permitted to sell and assign the Deferred Payables to SVVAP or its nominated assignee. Upon such assignment, you are obligated to pay the Deferred Order Value to SVVAP in accordance with the Repayment Schedule. Should you fail to make the requisite payments to SVVAP accordingly, you further acknowledge that you will be liable to pay a late payment charge.
For the avoidance of doubt, the Services for instalment does not constitute a lending or credit facility, or a credit card or charge card, and neither SVVAP provides any credit to Shoppers.
In order to be eligible to receive the Services, you must:
be a natural person and not a company, partnership nor any other form of body corporate;
be at least 18 years old at the time of any purchase made by you;
have a valid email address;
have a Hong Kong mobile telephone number;
have a billing address and shipping address located in Hong Kong; and
own a valid credit card which is issued by a card issuing bank / financial institute in Hong Kong.
Your eligibility is assessed and determined upon each purchase you made and chose us to effect payment, which creates an “Order” in SVVAP system, and SVVAP reserves the right to deny, suspend or terminate the provision of Services to you in the event that you fail to meet the eligibility requirements set out above at any time, and the decision of SVVAP shall be final.
You will be required to set a password for your account (“Account”). You remain solely responsible for the safety and security of your login details, credential.
If you are aware of any unauthorized access to your Account or misuse of your password, you shall notify SVVAP immediately and in the event that you fail to do so, you shall be liable for further purchases made using your Account.
You remain responsible for any unauthorized access to your Account except where such unauthorized access is a result of SVVAP’s failure to take reasonable steps to prevent such access.
You shall have only one Account at any given time.
If you have failed to pay any instalment(s) by the scheduled due date as set out in the Repayment Schedule and within any accompanying grace period (if any), SVVAP may suspend your Account from making further Orders and may subsequently, including where your outstanding instalments or payments to SVVAP have been referred to a third-party collection agency, block access to your Account. A reactivation fee as set out in Schedule 1 to these Terms and Conditions will be charged to reactivate your Account.
Where SVVAP has reasonable cause to suspect that you have been involved in any Malicious Act (defined below) within the SVVAP System or any devices, email accounts and/or phone numbers are being used to perform an Order or create an Account and such devices, email addresses and/or phone numbers are reasonably suspected by SVVAP to be involved in connection with any Malicious Act within the SVVAP System, SVVAP:
reserves the right to conduct investigations, with internal and external third-parties, to determine the extent and impact of the suspected Malicious Act;
may seek your cooperation and assistance in dealing with such activities;
reserves the right to suspend any Account(s) associated with you until such time as such Malicious Act is stopped or restricted to the satisfaction of SVVAP;
reserves the right to suspend any and all accounts associated with such devices and their attributes and the suspected Malicious Act;
reserves the right to temporarily suspend or permanently block you or those devices and their attributes from using or participating in the SVVAP System or its network of merchants;
may, at its sole discretion, close any Account(s) whether associated with the suspected Malicious Act or otherwise; and
reserves the right to report such behavior to the relevant authorities.
For the purpose of this clause, Malicious Act shall mean: any act in bad faith while using our service for unauthorized, illegal, or unintended purposes; gaining improper advantages from SVVAP or merchant; impairing, harming, interfering or affect the proper operation of the SVVAP System; engaging in fraudulent activities.
You may close your Account at any time provided that:
you have paid in full all instalments associated with your Orders, and there are no outstanding instalments or other amounts owed by you to SVVAP;
you have paid all late payment charges imposed on you, or such late payment charge has been waived, as applicable, by SVVAP (at SVVAP’s sole discretion);
there are no outstanding disputes between you and;
there are no outstanding Refunds or Reversals from a Merchant that are still pending processing; and
you are not subject to any investigation regarding your Orders or instalments, or for any other reason as reasonably determined by SVVAP.
SVVAP may close your Account at any time at its sole and absolute discretion:
without your consent or prior notice, if SVVAP becomes aware that any Account associated with you is being used by a third party or has been compromised in any way whether as a result of your actions or inactions or otherwise;
if SVVAP considers that you are using the SVVAP System inappropriately, illegally, or against the spirit of these Terms and Conditions;
if you have not paid your outstanding instalments or payments to SVVAP and;
your outstanding instalments or payments have been referred to a third-party collection agency and such collection has been carried out with limited or no success.
And in such case, you may not be able to open another Account with SVVAP for a period of three (3) years or any other period of time that is deemed appropriate by law or regulation, and SVVAP reserves the rights to notify any credit information company / agency in Hong Kong and identify any outstanding instalments or payments against your known details to SVVAP as at the date of termination of these Terms and Conditions.
Should you fail to meet the eligibility requirements set out above on an ongoing basis, SVVAP may suspend, block, withdraw, close and/or otherwise render your Account inoperable.
Validations, Checks and Risk Assessments
In respect of any Order, SVVAP will conduct the following checks and assessments:
real-time checks and validations on the merchant’s eligibility, transaction limit, product or industry risk and other matters relating to merchant and the transaction;
real-time checks and validations on your eligibility;
real-time checks and validations your credentials, devices, relationships with other SVVAP Shoppers and other historical data;
your payment and transaction history with us; and
Purchase limit assessments based on your account profile, the Order value, the risks associated with the products in the Order and your potential capability to pay the relevant instalments.
An Order will be captured in the SVVAP System only if SVVAP is satisfied with the results of such checks and assessments.
Placement of Orders
Each time you place an Order, you are deemed to have accepted these Terms and Conditions as they stand on the date of placement of the Order.
For every Order you place, you give unconditional and irrevocable consent to the merchant to sell and assign to SVVAP or its nominated assignee the corresponding Deferred Payables, and you agree to pay your instalments according to the Repayment Schedule.
SVVAP only accept order with value over HK$2,000.
Soon after you place your order, SVVAP will perform the above checks and advise you of the outcome of such Order request:
where the Order request is unsuccessful, SVVAP will provide you with a reason for the failure and allow you to attempt the Order again for a maximum of three times within a period of time as SVVAP may determine in its sole discretion;
where the Order request is successful, you will be provided with your Repayment Schedule and an email receipt in respect of your Order, and SVVAP will notify the merchant of the successful Order.
You acknowledge and agree that Products from Orders made online may be handed to you at the Merchant’s physical store or any other place as designated by the Merchant, subject to the prevailing policies of the Merchant.
Rejection of Orders
All Orders are subject to SVVAP’s assessment and discretion, and SVVAP reserve the right to reject an Order where:
SVVAP has reason to suspect, or becomes aware, that you may have or have materially breached these Terms and Conditions;
you and/or the merchant fail to satisfy any of SVVAP’s validations, checks and assessments;
the rejection has been requested by the merchant associated with the Order, and in such case SVVAP is not responsible for such rejection and you should reach out to the merchant should you have any queries relating to it;
the rejection has been requested by the payment processor and you should reach out to your credit card issuing banks should you have any queries relating to it;
you have exceeded or will exceed your purchase Limit as a result of placing the Order;
the merchant associated with the Order has exceeded or will exceed its transaction limits (such limit as determined by SVVAP in its sole discretion);
SVVAP suspects or becomes aware of suspicious activity from you or the merchant within the SVVAP System, and/or is required to do so for compliance with its obligations under applicable laws and/or regulations including, but not limited to, Anit-Money Laundering Laws;
SVVAP suspects or becomes aware generally that the merchant associated with the Order and/or their systems have been or may have been compromised or there are other security reasons to do so; or
for any other reason as determined by SVVAP in its sole and absolute discretion.
Payment of Instalments
SVVAP may remind you in advance of each instalment and their respective scheduled due dates as set out in the Repayment Schedule via email or text messages. For the avoidance of doubt, your obligations to make payment of each instalment is unchanged and is irrespective of whether SVVAP has issued such reminder or otherwise.
You undertake to ensure that your selected payment method has sufficient funds or credit limits for payment of the instalments on their respective scheduled due dates.
In the event that any payment of an instalment is unsuccessful due to a failure to obtain funds or insufficient credit limit from your selected payment method, SVVAP will notify you accordingly and you shall be fully responsible for any delay and costs due to unsuccessful payment.
Upon successful payment of all instalments relating to an Order, SVVAP will notify you accordingly.
In the event that instalment was not settled by the scheduled due date, your Account will be suspended and no further Order may be placed. You shall pay in full the outstanding payment and a reactivation fee as set out in Schedule 1 to reactivate your Account. In the event that your Account is suspended for a consecutive 5-day period and the outstanding instalment and reactivation fee are still not settled by then, an overtime charge as set out in Schedule 1.
We may engage with third-party collection agency to recover any outstanding payment from you and we shall claim any interest, costs and expenses (including legal fee) arising from debt collection as far as permitted by law.
There are limited circumstances under which a merchant may be liable to re-purchase the Deferred Payables from SVVAP or your Deferred Payables being sold or transferred to a third-party by SVVAP. If a Merchant or any third-party re-purchases the Deferred Payables, SVVAP will notify you accordingly. Pursuant to a re-purchase of the Deferred Payables by a Merchant or a third party, payment of the instalments should be made to that Merchant (through SVVAP as collection and payment agent), but not the late payment charges, which should be paid to us.
Payment of outstanding instalments or late payment charges owed by you may be:
made automatically: SVVAP may obtain monies from your selected payment method automatically to pay an instalment on a scheduled due date,
made manually: you may make manual payments in respect of outstanding instalments or other payments owed by you to SVVAP and which are not subject to automatic deduction from your selected payment method,
and such monies collected will be applied firstly to any outstanding instalments (most recently due instalment shall have a priority), and secondly to reactivation charge or late payment charges according to time sequence.
You may also make manual payments for future instalments which are yet to fall due, provided that you have no outstanding instalments, late payment charges or other amounts owed to SVVAP at that point in time, and such manual payments shall be applied against future instalments in the order that they would have become due. Any surplus monies paid by you to SVVAP manually will be refunded to your selected payment method.
use the SVVAP System in accordance with the operating procedures determined by SVVAP from time to time;
keep your contact and credit card details up-to-date;
supply all information requested by SVVAP in a timely and truthful manner to enable SVVAP to provide the Services;
not provide SVVAP with any information that is false, misleading, untrue or inaccurate (including any claim of false identity);
immediately inform SVVAP of any actual or potentially fraudulent activities which your selected payment method has or may have been involved in, and allow SVVAP to share such information with third-party payment providers for the purposes of reducing or mitigating further fraudulent activities;
be solely responsible for any matters relating to tax or additional fees arising from your use of the SVVAP System, including but not limited to:
payment of any taxes, levies or fees required by any governmental or regulatory authority; and
payment of any bank charges, fees or commission incurred in connection with any exchange of monies associated with any Order and your selected payment method;
be responsible for your Account, its use and ongoing security, and shall not permit any unauthorized person or other entity to access your Account at any time unless required by law;
not use your Account to purchase Products for a merchant for the purposes of receiving further or additional payments from such merchant;
use your Account in a responsible and lawful manner and not use your Account to procure any goods or services that are illegal or unlawful in nature or in a manner that contravenes any AML Laws;
to the fullest extent permitted by law, cooperate with SVVAP in the event of any investigation performed by SVVAP, any third-party or any legal, governmental or regulatory authority in relation to any Order, payment or matter related to your Account;
be solely responsible for possessing the relevant system requirements and/or devices to enable the use and operation of the SVVAP System; and
be responsible for the data and network security of your device(s) used for placing any orders including the installation of effective anti-virus software.
SVVAP reserves the right to:
suspense or cease our Services or operation at any time without giving prior notice and we shall not be liable for any losses or damages arising therefrom;
limit the number of Credit Cards you used to pay your instalments as may be determined by SVVAP in its sole discretion;
reject or refuse to accept any payment made by you in respect of any Order where it deems necessary, desirable or prudent for regulatory, risk management or other business reasons; and
place any additional limitations on you, merchants, credit cards, devices and accounts as SVVAP may deem fit and reasonable to protect its financial risk exposure.
In the event of any dispute between you and a Merchant arises:
you acknowledge that the Merchant is solely responsible for dealing with all disputes, complaints, concerns and other issues that you may raise in relation to any Orders placed with that Merchant, including incorrect or unsatisfactory products or merchant funded discount; and
you shall contact the Merchant directly to file your dispute with them.
You acknowledge that SVVAP has delegated to the merchant all of its rights to determine all requests for Reversals in respect of the products in any Order with the merchant. In the event of a Reversal:
the Merchant is required to lodge a Reversal request with SVVAP within four (4) hours of the Order being captured in the SVVAP System;
it is the duty of the merchant to notify you if they are unable to fulfil any Order;
subject to the terms and conditions agreed between you and the merchant relating to the purchase of the products, the merchant may not provide you with the product(s) contained in the affected Order; and
such Reversal will be effected by way of a chargeback to the relevant selected payment method and will be reflected in your Account
Save as otherwise provided herein, you acknowledge that SVVAP has delegated to the Merchant all of its rights to determine all requests for Refunds in respect of the Products underlying the Deferred Payables that have been assigned to SVVAP or its nominated assignee. In the event of a Refund:
it is your duty to institute a Refund request to the merchant and to comply with the Merchant’s refund process and policy and any other statutory requirements in relation to such refund process;
the merchant shall lodge such Refund request with SVVAP within fourteen (14) calendar days of the creation of the Order on the SVVAP System. Any refund request made beyond the timeframe will not be processed.
where a Refund is agreed as between you and the Merchant, at the request of the merchant, you shall return the disputed Product(s) to the Merchant and the Merchant shall acknowledge receipt of the disputed Product(s). upon which:
the amount of the Refund will first be applied (ratably, where applicable) against any instalments (whether due or not yet due) owed by you to SVVAP which correspond with the Order in respect of which the Refund was agreed and which remain unpaid by you. You irrevocably authorize SVVAP to apply such Refund amounts to the extent required to fully satisfy such unpaid instalments and that such Refund amounts (or relevant part thereof) will be deemed to be immediately and automatically applied to the satisfaction of such unpaid instalments without requirement for any further action by SVVAP. Your Account will be updated to reflect the application of such Refund amounts (or relevant part thereof) to such unpaid instalments and the remainder of the partial refund;
in the event that the Refund amount is greater than the aggregated instalment amount of the concerned Order, a payment will be made to your selected payment method by the Payment Processor. Your Account will, thereafter, be updated to reflect the Refund.
You acknowledge and agree that you shall follow the instruction of the Merchant concerning the method of returning the Products (if required so), whether by post, handover at the Merchant’s physical site or through any other channels disregard of how and where you purchased the Products.
For the avoidance of doubt, SVVAP is not obliged to contact or to seek a Refund or Reversal on behalf of you or a Merchant.
You agree that SVVAP is not responsible for and is not liable for any actions which the Merchant or SVVAP takes or fails to take, in respect of a dispute, a Reversal or a Refund (whether expressed under these Terms and Conditions or otherwise), and that SVVAP will not be liable for any loss, liability, costs or expenses incurred by you as a result of its taking or failing to take such action.
Upon receipt of a Reversal or Refund request, SVVAP shall, within a reasonable time but not more than seven (7) business days, process such request and to pay such refund amount to SVVAP’s payment processor to be processed in line with the payment processor’s practices. In this regard, you acknowledge and agree that any refund amount due to be paid to your selected payment method is subject to handling methods outside SVVAP’s control and you shall not hold SVVAP responsible for any delays caused directly or indirectly by any financial institution or its agents associated with your selected payment method.
For the avoidance of doubt, any late payment charges and reactivation charge shall not be affected by Refund and once such fees are paid, they are non-refundable in any circumstance.
All Intellectual Property Rights in and related to the SVVAP System, SVVAP websites, app and portals, its composite engineering, know-how and processes shall be and shall remain the exclusive property of SVVAP and/or its affiliates.
You must not copy, reverse engineer, decompile, disassemble, attempt to derive the source code of, modify, create derivative works of, re-post to other applications or websites, change, or otherwise distribute, license, sub-license or transfer in any form any aspect of SVVAP and/or its affiliates’ intellectual property.
Limitation of Liability
To the extent permitted by applicable laws, SVVAP (including its related bodies corporate, directors, employees, officers, agents and representatives) and any third parties providing services for or on behalf of SVVAP will not be liable for any indirect, special, consequential, incidental or punitive damages (including without limitation loss of profits, loss of revenue and loss of data) arising out of or in connection with these Terms and Conditions, the SVVAP website, app and the SVVAP System. SVVAP’s liability to you for any non-excludable damages shall not exceed the value of any Orders that are to the subject matter of such claim, including any Late Payment Charges that have been applied by SVVAP against you.
To the extent permitted by applicable laws, you acknowledge that you are responsible for and agree to hold harmless SVVAP, its directors, employees, officers, agents or representatives from and against any claims, costs, expenses, damages, liabilities, obligations, and losses (including legal fees) to the extent arising out of or in connection with your breach of these Terms and Conditions, your negligence or willful misconduct and/or your failure to take reasonable steps to mitigate the claim and/or subsequent losses or damages, save to the extent that such claim and/or subsequent damages, or where it could be reasonably expected to do so, arises as a result of the willful misconduct or gross negligence on the part of SVVAP.
Disclaimer of Warranties
Except for any express warranties set forth in these Terms and Conditions, SVVAP does not provide or give any implied warranties or guarantees to any products or services provided by SVVAP in relation to your use of SVVAP Services, and SVVAP does not give any warranty or guarantee as to the suitability and availability of the SVVAP Services or your eligibility to use the SVVAP System.
SVVAP does not guarantee or warrant that the website, app or Services will be free from any interruption and is available for use all the time.
SVVAP uses its reasonable endeavors to ensure that content or material it provides is correct, accurate, complete and up-to-date but does not make any warranties or guarantees in relation to that content or the providers of that content. Where any inaccuracy has been brought to SVVAP’s attention, SVVAP will attempt to correct any inaccuracies within a reasonable time and where practicable to do so.
You acknowledge that you have not relied on any representation and/or warranty made by SVVAP which has not been expressly stated or referred to in these Terms and Conditions.
You acknowledge that:
SVVAP does not have any control over the Products offered by Merchants and is not responsible or liable for the quality, quantity or delivery of these Products, and Merchants remain responsible for fulfilling Orders made by you in a timely manner and/or accepting any Refunds; and
SVVAP is not required to and does not guarantee the identity of any Merchant and/or their staff.
Notice & Communication
All notices or other communications between the parties shall be given in writing and may be delivered via e-mail, text messages, direct message via or public announcement on SVVAP website or app.
A notice or other communication is taken to be received:
for notices and other communications sent via e-mail or text message, the day it was sent;
for notices and other communication sent via or published on website or app, the day it was sent or published; and
If you change your contact details and fail to notify SVVAP of such change and the new email address or phone number, delivery of notices to you at the previous known email address or phone number is deemed compliant with the notice obligations under this clause.
Communications from you to SVVAP must include the following details:
your Account details, including, but not limited to, the email address and mobile phone number registered with your Account; and
any additional information reasonably requested of you to verify your identity.
From time-to-time SVVAP may unilaterally modify provisions of these Terms and Conditions which apply generally to all Shoppers using the SVVAP System, without requiring express or implied consent and without prior notice of such modifications, for the following reasons:
SVVAP changes, alters, amends, removes, and/or introduces functionality to the SVVAP System;
SVVAP introduces new policies in to the SVVAP System to protect the SVVAP System and its operations;
SVVAP introduces new products or services in to the SVVAP System;
SVVAP is required to do so by law and/or regulation; and/or
for any other reason as SVVAP may in its sole discretion find reasonable,
and in such case, the modified Terms and Conditions will be published on the SVVAP Website and publicly accessible at https://svvap.io/, and you will be prompted to accept the modified Terms and Conditions upon making a new Order.
For the avoidance of doubt, any Order made by you prior to any modifications remains subject to the prevailing Terms and Conditions as at the time of the placement of the Order, and any existing Orders and instalments and their constituent attributes such as fees and late payment charges (where applicable) remain in place until they have been paid in full.
If you do not agree to any modifications, you may immediately suspend your Account, settle your outstanding payments due with SVVAP forthwith, and subsequently close off your Account without prejudice.
You may re-join the SVVAP System at any point in time thereafter.
Assignment: You shall not transfer or assign any of your rights and/or obligations under these Terms and Conditions without SVVAP’s prior written consent. Nevertheless, SVVAP may transfer, assign or novate these Terms and Conditions and any rights and obligations under these Terms and Conditions to a third party without your consent and/or notice. You acknowledge and agree that SVVAP may, without your notice or consent, appoint and engage third-party collection agencies to carry out and enforce any actions in relation to any outstanding payments owed by you to SVVAP.
No Agency, Partnership etc.: Nothing in these Terms and Conditions shall be deemed to constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between the parties other than as expressly provided for in these Terms and Conditions. Neither party shall have, nor represent that it has, any authority to make any commitment on the other party’s behalf.
Force Majeure: Neither party shall have any liability under or be deemed to be in breach of these Terms and Conditions for any delays or failures in performance of these Terms and Conditions which result from circumstances beyond the reasonable control of that party, except for payment obligations. The party affected by such circumstances shall promptly notify the other party in writing when such circumstances cause a delay or failure in performance and when they cease to do so.
Remedies: Without prejudice to any other rights or remedies a party may have, the Shopper acknowledges and agrees that damages may not be an adequate remedy for any breach of these Terms and Conditions and SVVAP shall be entitled to the remedies of injunction, specific performance and other equitable relief (but for the avoidance of doubt no right of rescission or, unless expressly permitted, termination) for any threatened or actual breach of these Terms and Conditions.
No Waiver: No failure to exercise, nor any delay in exercising, on the part of either party, any right or remedy under these Terms and Conditions shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in these Terms and Conditions are cumulative and not exclusive of any rights or remedies provided by law. Any term of these Terms and Conditions may be amended or waived only with the consent of the other party and any such amendment or waiver will be binding on all parties. Any consent or waiver required by a party must be in writing and is effective only for the specific purpose for which it is given and for the specific time period, if any, contemplated by it.
Third Party Rights: Unless expressly provided to the contrary in these Terms and Conditions, a person who is not a party has no right under the Contracts (Rights of Third Parties) Ordinance (Cap. 623) to enforce or to enjoy the benefit of any term of these Terms and Conditions.
Severability: If any provision of these Terms and Conditions or part thereof is rendered void, illegal or unenforceable by any legislation to which it is subject, it shall be rendered void, illegal or unenforceable only to that extent and it shall in no way affect or prejudice the enforceability of the remainder of such provision or the other provisions of these Terms and Conditions.
Entire Agreement: You expressly acknowledge that you have read these Terms and Conditions and understood its provisions, and the parties agree that these Terms and Conditions constitutes the entire agreement between them with respect to the Services. No promise, inducement, representation or agreement other than as expressly set forth in these Terms and Conditions has been made to or by the parties.
Governing Law and Jurisdiction: These Terms and Conditions shall be governed and construed in accordance with the laws of Hong Kong. Any dispute arising out of or in connection with these Terms and Conditions, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by the courts of Hong Kong.
There is a Chinese translation of these Terms and Conditions for your reference only. In case there is any discrepancy between the English and Chinese version, the English version shall prevail.