1.     Consent

1.1.  By continuing to Use Our Site, you acknowledge and agree that You have read, understood, accepted, and agreed with these T&Cs.

1.2.  You acknowledge and agree that if You did not positively agree to these T&Cs then We are unable to, and do not intend for You, to have access to any content and/or Services that comprise and/or offered therein.

2.     Parties

2.1.  Refiny Company Limited, a private company limited by shares registered in Hong Kong under company number 75838151-000-10-23-5 whose registered office is Suite A, Level 7, World Trust Tower, 50 Stanley Street, Central, Hong Kong.

2.2.  You are the natural person who is presently visiting Our Site in Your own individual capacity and/or on behalf of Your company («You», «Your», «Yours»).

3.     Terms and conditions

3.1.  You acknowledge and agree that These T&Cs strictly govern Your access to and Use of the Services that We offer and may offer.

3.2.  By Using the Services, you acknowledge and agree that You:

3.2.1.     accept these T&Cs‍.

3.2.2.     shall always comply with these T&Cs‍; and

3.2.3.     accept Our Privacy Policy

3.3.  If You do not accept and agree to these T&Cs, You acknowledge and agree that You should immediately exit from and not Use Our Site

4.     Right to use

4.1.  Subject to Clauses 4.2 and 4.3 and Your compliance with these T&Cs, we hereby grant You a revocable, royalty-free, non-exclusive, non-transferable license to Use, any content, information, and related materials that may be made available.

4.2.  Clause 4.1 is strictly conditional on You ensuring that You shall not (and shall not permit anyone else to):

4.2.1.     reproduce, modify, distribute, transmit, post, or disclose any service content without Our prior written approval which may be withheld in Our sole and absolute discretion.

4.2.2.     alter, modify, or adapt all or any part of the services in any way.

4.2.3.     remove any copyright, trademark, or other proprietary notices displayed on the site.

4.2.4.     Use any part of the content on the site for commercial purposes without obtaining a license to do so from Us or Our licensors.

4.2.5.     modify the paper or digital copies of any materials You have printed off or downloaded in any way.

4.2.6.     try to gain access to any other area of the site by hacking, password «mining» or any other illegitimate means.

4.2.7.     link to, mirror, or frame any part of the site without Our prior written approval which may be withheld in Our sole and absolute discretion.

4.2.8.     pretending You are or impersonating another individual; or

4.2.9.     using the site or any services’ content for any unlawful activity and/or activity prohibited by these T&Cs, including developing, offering, or engaging in the performance of similar or competing services.

4.3.  Where You breach these T&Cs, Your right to Use the site shall cease immediately.

4.4.  The license to Use the site in Clause 4.1 applies to:

4.4.1.     You act in Your individual capacity as a natural person;

4.4.2.     Your company on behalf of whom You are legally authorised to act, such company being as indicated in the Account Information; and

4.4.3.     You act in Your individual capacity as a director or shareholder of the company referred to in Clause 4.6.2.

5.     Purchasing services

5.1.  You acknowledge and agree that these T&Cs govern Your Use of the site but the conclusion of any contract in connection with any Services You seek to acquire from Us shall be subject to a separate Service Contract.

5.2.  You acknowledge and agree that where You have executed a Service Contract and there is any conflict, ambiguity or inconsistency between the Service Contract and these T&Cs, the Service Contract shall take precedence.

6.     Intellectual property

6.1.  You acknowledge and agree that You shall not (and shall not permit anyone else to) reproduce, modify, distribute, post, disclose or otherwise take or use Our IPR.

6.2.  The Online Tools and all rights therein are and shall remain Our property or the property of Our licensors. Neither these T&Cs nor Your Use of the site shall convey or grant to You any rights:

6.2.1.     in or related to the site except for the limited license granted in Clause 4.1; or

6.2.2.     to use or reference in any manner Our Marks or those of Our licensors.

6.3.  All content and functionality on the Online Tools are the exclusive property of Us or Our licensors and are protected by the law of Hong Kong and international intellectual property laws.

6.4.  The Marks displayed on the site are IPR-owned by Us and/or Our licensors. You shall not use or reproduce any Marks of, or imply any endorsement by or relationship with, Us or Our licensors.

7.     Warranties

7.1.  You always warrant and represent to Us as at the agreement date and during the validity of this agreement that:

7.1.1.     Your Information is accurate and correct and We may rely on it without further inquiry.

7.1.2.     You shall not (and shall not permit anyone else to) reproduce, modify, distribute, post, disclose or otherwise take or Use Our IPR; and

7.1.3.     You shall not breach any of the conditions of these T&Cs.

7.2.  You acknowledge and agree that:

7.2.1.     the site and any Services accessible via the site are provided on an «as is» and «as available» basis;

7.2.2.     We do not guarantee that the Online Tools, or any content on it, will be free from errors or omissions.

7.2.3.     We do not guarantee the quality, suitability, safety, or ability of third-party providers associated with the provision of the Services;

7.2.4.     We cannot guarantee that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to Your mobile device. We are not responsible for any loss You may incur because of this; and

7.2.5.     the entire risk arising out of Your Use of the site remains solely with You, to the maximum extent permitted under applicable law.

7.3.  You acknowledge and agree that insofar as is permitted by applicable law We provide no warranties nor give any representations or undertakings to You whatsoever including that:

7.3.1.     the content on the site is accurate, complete, or up to date.

7.3.2.     the site or any content, service, or feature of the same shall be error-free or uninterrupted, or that any defects will be corrected; or

7.3.3.     the site will be accessible on any hardware or device.

7.4.  We and our third-party content providers provide no warranties nor give any representations or undertakings as to the ownership, accuracy or adequacy of the content on the Online Tools.

7.5.  We exclude all conditions, warranties, representations, or other terms which may apply to the Online Tools or any content on it to the maximum extent permitted by applicable law.

8.     Liability

8.1.  Our total liability to You for loss under these T&Cs shall be limited to 300 USD in aggregate for all claims under these T&Cs arising for whatever reason whatsoever.

8.2.  We shall not be liable to You for:

8.2.1.     any loss or damage of any nature howsoever whether direct, indirect, or consequential caused or arising under or in connection with Your Use of, or inability to Use, the site; or

8.2.2.     any information published on linked websites, contained in any user submissions published on the site, or provided by Third Parties.

8.3.  You acknowledge and agree that We shall not be liable to You for any damages, liability or losses arising out of:

8.3.1.     Your Use of or reliance on the Services made available via the site or Your inability to Use the site and/or access the Services (as the case may be);

8.3.2.     any failure to provide the site and/or the Services, in part or in full, due to abnormal and unforeseen circumstances beyond Our control, including phone network failures or You being out of mobile coverage; or

8.3.3.     any transaction or relationship between You and any Third Party provider associated with the provision of the Services.

8.4.  The limitations and disclaimer in Clause 10.3 do not purport to limit liability or alter Your rights as a consumer that cannot be excluded under applicable law.

9.     Indemnity

9.1.  You acknowledge and agree that You shall fully indemnify Us from and against any and all claims and/or losses of whatever nature suffered, sustained or incurred, arising out of or in connection with:

9.1.1.     Your breach of these T&Cs‍; and

9.1.2.     Our use of any and all information that You submit to Us via the site in connection with a Service Contract.

9.2.  For the purposes of Clause 11.1, We shall be deemed to include Our affiliates, employees, agents, directors, shareholders, and officers.

10. Termination

10.1.                   We may, in Our sole and absolute discretion and at any time, terminate Your use of the site.

10.2.                   Upon termination of these T&Cs for any reason:

10.2.1. You shall destroy all copies of our services including all components of it in Your possession; and

10.2.2. all rights You have in respect of our services will immediately end.

11. Viruses

11.1.                   We do not guarantee that the site will be secure or free from bugs or Viruses. You shall not misuse the site by knowingly introducing any Viruses.

11.2.                   You shall not attempt to gain unauthorized access to the site, the server on which the site are stored or any server, computer or database connected to the Online Tools.

11.3.                   You shall not attack the site via a denial-of-service attack, a distributed denial-of-service attack, or any other cyber-attack aimed to disrupt ordinary access to the Online Tools.

11.4.                   You acknowledge and agree that any breaches of Clauses 11.1, 11.2 or 11.3 by You:

11.4.1. will amount to a criminal offense under the law of Hong Kong and other applicable jurisdictions.

11.4.2. shall be reported by Us to the relevant law enforcement authorities and We shall cooperate with them by disclosing Your identity to them; and

11.4.3. shall result in Your right to Use the site ceasing immediately and Us taking relevant proceedings against You.

12. Network access and devices

12.1.                   You acknowledge and agree that You are responsible for:

12.1.1. obtaining the data network access necessary to Use the site, including all fees and charges associated with the same; and

12.1.2. procuring compatible hardware or devices necessary to access the site.

13. Third party websites/applications/services

13.1.                   The site may contain links to independent third-party websites and/or applications and may also contain content supplied by independent Third Parties.

13.2.                   You acknowledge and agree that Third Party websites and/or applications to which the site contain links are:

13.2.1. not under Our control and We have no responsibility for, nor do We endorse their content; and

13.2.2. governed by their own terms and conditions and privacy policies and access to them is at Your own discretion.

13.3.                   You acknowledge and agree that certain Services accessible via the site are provided and/or fulfilled, either in whole or in part, by Third Parties.

13.4.                   In relation to Clause 13.3, You acknowledge and agree that:

13.4.1. such Services may be made available or accessed in connection with Third Parties We do not control;

13.4.2. different terms of use and privacy policies may apply to Your use of such Third-Party services and content; and

13.4.3. We do not endorse such Third Parties services and shall in no event be liable for any products and/or services of such Third-Party providers.

14. The site’s content

14.1.                   You acknowledge and agree that We may update the site from time to time, and may change its content at any time, including the Services that We offer.

14.2.                   You acknowledge and agree that despite Our efforts certain content on the site may, from time to time, become out of date, and We shall take reasonable steps to update the same.

15. Promotions

15.1.                   We may offer benefits, discounts, and other promotions (any, a "Promotion"). By participating in a Promotion, you are agreeing to official rules that govern that Promotion. The rules and conditions for each such Promotion will be defined by us and we reserve the right to limit them as we see necessary. No two Promotions of any kind, such as discounts, promotion codes, partnership benefits, referral codes etc. can be used for the same purchase.

16. General provisions

16.1.                   You acknowledge and agree that You shall not refer to Us or Our licensors in any public media for any purposes.

16.2.                   You acknowledge and agree that We may revise these T&Cs at any time without any need to formally notify You.

16.3.                   Your continued Use of the site shall be deemed an acceptance by You to these T&Cs as revised from time to time under Clause 15.2.

16.4.                   You will be able to view, and You agree to check each time You Use the site the current version of these T&Cs.

16.5.                   In accepting and agreeing on these T&Cs, you hereby warrant and represent to Us that You have the lawful capacity and authority needed for You to do so.

16.6.                   You acknowledge and agree that We can and will rely on the warranty, representation, and undertaking You provide to Us in Clause 15.1.

16.7.                   Both You and We shall comply with all applicable laws.

16.8.                   We may, in Our sole and absolute discretion and at any time, modify, suspend, or terminate the operation of or access to the site (or any part thereof) and the Services.

16.9.                   Neither You nor We shall be liable to the other (as the case may be) for any delay or non-performance of Our obligations under these T&Cs as a direct result of an established Force Majeure Event.

16.10.               These T&Cs constitute the entire agreement between You and Us relating to Your Use of the site, to the exclusion of all other terms and conditions, and any prior written or oral agreement between both parties.

16.11.               You may not assign, novate, or otherwise transfer all or any of Your rights, benefits, or obligations under these T&Cs without Our prior written approval.

16.12.               We may assign, transfer, or deal in any way with Our rights under these T&Cs including to an affiliate or any Third Party.

16.13.               No failure to exercise, nor any delay in exercising, any right, power, or remedy under these T&Cs shall operate as or be deemed a waiver of the same. Waivers must always be given in writing.

16.14.               Any waiver of any breach of these T&Cs shall not be deemed to be a waiver of any subsequent breach.

16.15.               If any provision of these T&Cs is determined to be invalid, illegal, or void by any court or administrative body of competent jurisdiction, these T&Cs shall be deemed modified to the minimum extent necessary to make them valid and enforceable.

16.16.               Where the deemed modification in Clause 16.5 is not possible, the relevant invalid, illegal or void provision(s) shall be deemed deleted and the rest of these T&Cs shall still remain in full force and effect.

16.17.               You and We are and shall remain independent parties and neither You nor We shall have, or represent Ourselves to have, any authority to bind the other party to act on Our behalf.

16.18.               Nothing in these T&Cs shall be construed to make either You or We an agent, employee, franchisee, joint venturer, or legal representative of the other party.

16.19.               Except as expressly stated, these T&Cs do not create any rights that are enforceable by any Third Parties. You acknowledge and agree that only the following people have rights under these T&Cs:

16.19.1.                     You.

16.19.2.                     Us.

16.20.               These T&Cs are drawn up in the English language and the English language version of the same shall always prevail over any translation. These T&Cs shall be construed, interpreted, and administered in English.

16.21.               These T&Cs are governed by and shall be construed following, the law of Hong Kong.

17. Definitions

17.1.                   « Information» means the following information that You provide to Us to register for the service:

17.1.1. Your full name.

17.1.2. Your address.

17.1.3. Your email address.

17.1.4. Your mobile phone number.

17.1.5. Your birthdate.

17.1.6. any other information We may request from You from time to time.

17.2.                   «Force Majeure Event» means any unforeseeable event or occurrence that is beyond the reasonable control of a party, and which prevents or delays that party from performing any or all of its obligations under these terms and conditions («T&Cs») (e.g., acts of God, civil unrest, political situations, etc.).

17.3.                   «IPR» means patents, inventions (whether patentable or not), copyrights, moral rights, design rights, trade-marks, trade names, business names, service marks, brands, logos, service names, trade secrets, know-how, domain names, database rights and any other intellectual property or proprietary rights (whether registered or unregistered, and whether in electronic form or otherwise) including rights in computer software, and all registrations and applications to register any of the Website, rights like the aforesaid items in any country or jurisdiction, any rights like unfair competition rights, and rights to sue for passing off.

17.4.                   «Marks» means company names, product and service names, trademarks, service marks, designs, and logos.

17.5.                   «Our Site» means the website at refiny.io.

17.6.                   «Privacy Policy» means Our privacy & cookie policy on the site.

17.7.                   «Service Contract» means the service contract that You enter with Us to purchase.

17.8.                   «Services» means any services which We may choose to offer via Our Site including Vietnam Company Establishment Consultation, Hong Kong Company Establishment Consultation, United States Company Establishment Consultation, General Payment Gateway Consulting provided by Us.

17.9.                   «T&Cs» means these terms and conditions.

17.10.               «Third Party» means a natural person or legal entity who is neither You nor Us.

17.11.               «Use» means using any content of the site, including downloading, accessing, browsing, viewing.

17.12.               «User» means any natural person who has visited Our Site or the legal entity that they are authorised to represent.

17.13.               «Virus» means any viruses, worms, trojan horses, cancel bolts or any other computer code designed to disrupt or adversely impact computer systems, networks or devices.