1. Definitions and interpretation
(a) “IP Rights” means any copyright, trade marks, service marks, trade names, corporate names, domain names, design rights, registered designs, database rights, semiconductor topography rights, know-how, patents, goodwill, or any similar right exercisable anywhere in the world, and all applications or rights to apply for the same (where such applications can be made), whether presently existing or created in the future, and whether registered or not, and all benefits, privileges, or rights to sue, recover damages and obtain relief for any past, current or future infringement, misappropriation or violation of any of the foregoing rights;
(b) "Loss" means any and all losses, damages, judgments, awards, fines, penalties, sanctions, settlements, claims, demands, actions, costs, charges, expenses or any other liabilities of whatsoever nature (including attorney and legal fees for both internal and external counsel, and costs related to investigations, expert witnesses, court costs or other litigation or settlement expenses);
(c) “Order” means a purchase order placed by you via your Use Account for the purchase of a Product;
(d) “Product” means any product and/or services offered or sold by Unikeys or any Unikeys Group Member via the Site or Unikeys Wallet mobile application;
(e) “Site Content” means any data, material or information, in any format whatsoever, including (without limitation) any text, data files, computer software, images, graphics, photos, video clips, sound, audio files, directories, files, databases or digital downloads, that are displayed or made available through the Site or Unikeys Wallet mobile application;
(f) “Site Marks” means any logos, trade marks, service marks, company names or trade names that are displayed on the Site, Unikeys Wallet mobile application and/or are used by Unikeys;
(g) “Unikeys Group Company” means any entity directly or indirectly controlled by, controlling or under the common control of Unikeys;
(h) “User Account” means a customer account established by us in connection with the Site or Unikeys Wallet mobile application, in order to enable the customer to place orders for the purchase of any Products and make transactions;
2. Amendments or suspension
2.2. We may, in our sole discretion and at any time, without notice or any liability to you, add to, amend or remove any Site or Unikeys Wallet mobile application Content, or ceasing offering or selling any Products, and/or modify, discontinue, suspend, deny access to, or terminate the Site (in whole or in part).
3. Intellectual property
3.1. All rights, title, interests and IP Rights subsisting in this Site, the Unikeys Wallet mobile application and any Site Content are owned by either Unikeys, a Unikeys Group Company or our licensors, any you shall not obtain any rights, title or interest in relation to them. Unless you obtain our prior written consent, you may not copy, reproduce, redistribute, upload, download, save, store in the retrieval system, alter, modify or otherwise display or disseminate for any purpose whatsoever the Site and Unikeys Wallet mobile application Content (in whole or in part).
3.2. All rights, title, interests and IP Rights subsisting in any Site or Unikeys Wallet mobile application Marks belong to either Unikeys, a Unikeys Group Member or our licensors, and you shall not obtain any rights, title or interest in relation to them. Unless you obtain our prior consent, you may not use, copy, register or apply to register any trade mark, service mark, company name, trade name or domain name that is identical or similar to (including, without limitation, a translation of) any of the Site or Unikeys Wallet mobile application Marks (in whole or in part).
4. Your obligations
4.1. You agree that you shall not:
(a) use any Products other than for your own personal use, and shall not re-sell, lease or otherwise distribute or commercialise the Products, without our prior written consent;
(b) directly or indirectly infringe any of our rights, titles, interests or IP Rights in relation to any of our Products, the Site, the Site Content, or the Unikeys Wallet mobile application including (without limitation) by copying, selling, distributing, leasing or creating derivative works based on any Product or the Site, the Site Content and Unikeys Wallet mobile application (in whole or in part);
(c) directly or indirectly attempt to disassemble, decompile or reverse engineer any of our Products and/or the Site or Unikeys Wallet mobile application (in whole or in part);
(d) install, upload or transmit (or allow the installation, uploading or transmission of) any viruses or malicious instructions, codes, techniques or devices capable of disrupting, disabling, damaging, shutting down or gaining unauthorised access to the Site, the Unikeys Wallet mobile application or any networks or systems connected or used in relation to the Site and Unikeys Wallet mobile application;
(e) take any action or allow any third party to take any action that would enable you, or any third party, to gain unauthorised access to, or to tamper with or use any computer systems or networks owned by us or any third parties; and
(f) impersonate another person or otherwise misrepresent an affiliation with a person or entity in a manner that does or is intended to mislead, confuse or deceive others.
4.2. If you use the Site or the Unikeys Wallet mobile application, then you represent, warrant and undertake that:
(a) you are at least 18 years old; and
(b) all information you provide to us is complete, accurate and up-to-date.
5. Personal Data
6. User Account and placing an Order
6.1. When you place an Order, a User Account will be created.
6.2. You are responsible for safeguarding the password and login details for your User Account. Without prejudice to Clause 6.3 below, if you know or suspect any unauthorised access or use of your User Account, then you must change your User Account password and notify us as soon as possible.
6.3. You shall be solely and fully responsible for all activities that occur under your User Account (whether or not they are authorised), and Unikeys and/or any Unikeys Group Company shall not be responsible or liable to you or any third party for any loss or damage, whatsoever, as a result of any unauthorised access to your User Account caused by you, including your failure to keep your User Account password confidential.
6.4. We have the right, in our sole discretion, to suspend, terminate or impose any limitations on your User Account, without notice or liability to you.
6.5. Title to any Products that are the subject of an Order shall remain with us until full payment for such Products are received by us. Risk in the Products that are the subject of an Order shall pass to you upon your receipt of the Products.
7. Payment terms
7.1. The price for the Products that may be purchased via the Site are as specified on our Site. The final price payable by you for any Products shall be specified at checkout on our Site, immediately prior to the submission of your Order. All amounts payable in relation to any Order must be paid in full via the payment methods provided under the Site, before the Order can be confirmed and/or delivered to you.
8. Refund policy for card orders
8.1. You shall only be entitled to a refund of an Order, if a refund request is received by us within fourteen (14) days from the date of delivery. You may initiate a product return request via the Unikeys Support Center at https://www.unikeys.io/support within fourteen (14) days upon the delivery and ship us back the product once you received it. We will issue a full refund of your order minus the original shipping charges upon the reception of the returned product.
8.2. To be eligible for a refund once the products have been shipped and received, the Product delivered to you under the relevant Order must be in the same condition that you received it and must be in the original packaging. To complete your refund, you must return the relevant Product to us (“Refund Product”), along with a receipt or proof of purchase.
8.3. Once your Refund Product is received and inspected by us, we will send you an email to notify you that we have received it, and whether we approve or reject your Refund Request. If your Refund Request is approved, then your refund will be processed, and we will contact you for your preferred method of payment.
8.4. The refund will be executed within five (5) weeks as from the day you select your preferred method of payment. In most cases you will receive the refund sooner, but we estimate four to five weeks because of the time required for return shipping, Product inspection at our returns facility, and processing of the payment. Once your refund is processed we will send you a confirmation email.
8.5. Cryptocurrency payment refunds for Orders paid with cryptocurrencies will be issued in cryptocurrencies for the full USD value of the Order and processed at the Bitcoin exchange rate when the refund is completed.
8.6. If you have not received a refund within the estimated time frame stated above, then please contact us at firstname.lastname@example.org.
9. Shipping policy
All Orders will be shipped during Mondays to Fridays, from 9 a.m. to 5 p.m. (Hong Kong time). Any dates specified in the Order or on the Site as to when the relevant Product will be shipped and/or delivered are estimates only.
We will use several internationally recognised carriers to deliver the Orders.
9.3. Order Tracking
If a tracking number is provided by the shipping carrier, we will update your Order with the tracking information once it is received.
9.4. Shipping Rates
The rate charged for the shipping of your Order is a flat rate. Before the final checkout page you will be shown what the cost of shipping will be, and you will have a chance to not place your Order if you decide not to proceed.
9.5. Customs and VAT
(a) International Orders are generally subject to local import duties and taxes (VAT). We are not responsible for, nor can we offer, any specific advice regarding any customs related fees that you may incur. For specific information, please consult with your local government import office.
(b) If you return a Product to us, you will be the exporter from the destination country. Title and risk of loss transfers to us upon our receipt of the Product. Shipping carriers will assist you in recovering your taxes and duties for a fee. Please contact shipping carriers directly to initiate this service.
(c) Cross-border shipments are subject to inspection by customs authorities. We may also be called upon to provide certain order, shipment, and product information to our international carriers. You agree that us and our carriers may communicate such information to customs authorities for the purpose of facilitating customs clearance and compliance with local laws.
(d) Cross-border shipments going through customs inspections can delay delivery. These delays are out of our control as well as the carriers. Please check with your local government import office to determine what you can expect for any delays associated with the arrival of your Order.
10.1. THE SITE, UNIKEYS WALLET MOBILE APPLICATION, SITE CONTENT AND SERVICES PROVIDED VIA THE SITE AND UNIKEYS WALLET MOBILE APPLICATION ARE AT YOUR SOLE RISK AND ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR GENERAL REFERENCE PURPOSES ONLY.
10.2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) WE EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND IN RESPECT OF THE SITE, UNIKEYS WALLET MOBILE APPLICATION, SITE CONTENT, SERVICES PROVIDED IN RELATION TO THE SITE, THE UNIKEYS WALLET MOBILE APPLICATION AND (SUBJECT TO CLAUSE 11.1) THE PRODUCTS, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, COMPLETENESS AND ACCURACY;
(b) THE USE OF THE SITE, UNIKEYS WALLET MOBILE APPLICATION, SITE CONTENT, PRODUCTS AND ANY RELATED SERVICES ARE ALL AT YOUR SOLE RISK; AND
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE (INCLUDING, WITHOUT LIMITATION, THE SITE CONTENT), THE UNIKEYS WALLET MOBILE APPLICATION, ARE DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL;
10.3. WITHOUT PREJUDICE TO THE GENERALITY OF CLAUSES 10.2 OR 12.1, WE MAKE NO REPRESENTATIONS, WARRANTIES OR UNDERTAKINGS (SAVE AS EXPRESSLY SET OUT UNDER CLAUSE 11.1 RELATION TO THE PRODUCTS):
(a) AS TO THE ACCURACY, QUALITY, COMPLETENESS, CURRENTNESS, ADEQUACY, RELIABILITY OR VALIDITY OF ANY INFORMATION OR MATERIAL PROVIDED ON OR THROUGH THE SITE, INCLUDING THE SITE CONTENT, THE UNIKEYS WALLET MOBILE APPLICATION OR ANY SERVICES OFFERED ON THE SITE;
(b) THAT THE PRODUCTS, SITE, UNIKEYS WALLET MOBILE APPLICATION, SITE CONTENT OR SERVICES OFFERED ON THE SITE WILL MEET YOUR REQUIREMENTS, OR ARE FREE OF DEFECT, ERROR, OMISSION OR VIRUS;
(c) THAT YOUR USE OF THE PRODUCTS, SITE, UNIKEYS WALLET MOBILE APPLICATION, SITE CONTENT OR SERVICES OFFERED ON THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR
(d) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE PRODUCT, SITE, UNIKEYS WALLET MOBILE APPLICATION, SITE CONTENT OR SERVICES OFFERED ON THE SITE WILL BE CORRECTED.
10.4. The Site and Unikeys Wallet mobile application Content does not constitute legal, financial or investment advice and is not intended as a recommendation for buying, trading or selling crypto assets. We recommend that you seek independent advice from legal and financial experts before purchasing, trading and/or selling any crypto assets. You are responsible for obtaining such legal and financial advice from a third party professional, if necessary. Unikeys HK Limited and its group of companies will not be responsible for the consequences of reliance upon any opinion or statement contained in the Site and Unikeys Wallet Mobile Application Content or for any omission.
10.5. Please note that you are solely responsible for the way you use, store, and back up your information and data relating to your crypto assets in connection with the Products.
10.6. You are solely responsible for maintaining the confidentiality of your username, recovery phrase and PIN code, and any means used to secure your personal and private access to your accounts using the Products, as well as restrictions on access to your computer and other equipment, and to the extent permitted by applicable law, you agree to be responsible for all activities that have been conducted from your account or with your PIN code or recovery phrase. You must take all necessary steps to ensure that your password, PIN code and recovery phrase remain confidential and secure.
10.7. Crypto assets protocols and Forks:
(a) Please note that Unikeys does not have control over the underlying blockchain protocol of the crypto assets you are securing with your Product(s).
(b) The underlying protocol may sometimes change, which may have consequences on certain elements including but not limited to its name, its valuation or the way it operates (“Forks”).
(c) Forking crypto asset may create potential issues at the core technology level. For this reason, Unikeys may decide, in certain circumstances, to suspend its support of such crypto assets ahead of the Fork and for as long as Unikeys considers necessary. In such a situation, Unikeys will do its best effort to warn you, but may not be able to do so.
11. Our limited warranty
11.1. Unikeys warrants to you that any Product delivered under an Order placed by you, excluding content and/or software supplied with or as part of the Products, shall:
(a) be free from material defects in its manufacturing;
(b) conform in all material respects with Unikeys’s published product specifications, as amended from time to time; and
(c) be fit for its normal merchantable use,
but subject to any defects or deficiencies excluded under Clause 12.1(collectively the "Product Warranty") for a period of one year from the date of the relevant delivery (“Warranty Period”).
11.2. In order to make a claim for breach of a Product Warranty, you must contact Unikeys at email@example.com within the Warranty Period (and in any event as soon as reasonably possible upon discovery of the breach) and provide the following information:
(a) your name and email address;
(b) a description of the alleged breach of the Product Warranty;
(c) a proof of the relevant delivery or (if not purchased via the Site) a copy of the proof of purchase showing the date, place of purchase and (if applicable) the name of the reseller;
(d) the name, type and serial number of the Product that is allegedly in breach of the Product Warranty ("Defective Product");
(e) photos, logs and/or screenshots of the Defective Product (if applicable);
(f) the merchant or website where you purchased the Defective Product and the date of your purchase;
(g) if applicable, the cryptocurrency address from which payment was made to us under the relevant Order for the Defective Product and the relevant invoice number;
(h) any other information requested by us.
11.3. Upon receipt of the requested information set out in Clause 11.2, Unikeys or our appointed service provider ("Service Processing Facility") will assist you to identify the cause of the defect and if possible, resolve it through email communication.
11.4. If the breach of Product Warranty cannot be resolved pursuant to Clause 11.3, then the Service Processing Facility may request that you return the Defective Product to the mailing address provided. Unless otherwise specified, this mailing address is: 17/F, Tesbury Centre, 28 Queen's Rd E, Wan Chai, Hong Kong. You will be responsible for paying for your own shipping costs for delivering the Defective Product to the Service Processing Facility ("Returned Product"). Shipping costs are non-refundable. We recommend that you send the Returned Product to our Service Processing Facility using a trackable shipping service and/or that you purchase shipping insurance. If the Returned Product is delivered to us uninsured, you shall assume all risks of loss or damage during shipment. We do not guarantee that the Returned Product will be safely or successfully delivered to us and are not liable for any loss or damage to the Returned Product during shipment to the Service Processing Facility.
11.5. Prior to shipping any Returned Product to us, you must delete all data and content stored on the Returned Product. Unikeys is not responsible for any damages to or loss of any data or other content stored in the Defective Product, at any time.
11.6. If following inspection of the Returned Product, the Service Process Facility determines that the Returned Product is in breach of the Product Warranty (excluding any defects or deficiencies excluded under Clause 12.1), then Unikeys may, at its sole discretion, repair the Returned Product (“Repaired Product”), provide you with an equivalent Product (“Replacement Product”), or if unable to repair or replace the Returned Product, refund the purchase price in accordance with paragraph 6above.
11.7. If the Service Process Facility concludes after its inspection of the Returned Product that the Returned Product is not in breach of the Product Warranty or the defect or deficiencies are excluded from the scope of the Product Warranty pursuant to Clause 12.1), then we shall not have any obligation to repair the Returned Product or provide a replacement. In such circumstances, you may request that we re-deliver the Returned Product to you. Such re-delivery shall be at your sole cost and expense, which must be paid by you to us before we ship the Returned Product back to you. Unikeys may, at its sole discretion, offer you a discount on any new Product purchase if the Returned Product is not redelivered to you.
11.8. In the event that Unikeys elects, at its sole discretion, to send you a Repaired Product or Replacement Product under Clause 11.6:
(a) the parts, components and labour necessary in order to perform the repair of any Returned Product (if applicable) in order to ensure compliance with the Product Warranty is free of charge, provided that the Returned Product is returned to us otherwise undamaged, subject to shipping insurance and with shipping of the Returned Product and Repaired Product fully paid by you; and
(b) the Replacement Product (if applicable) will be shipped to you following the receipt and processing of the Returned Product at our Service Processing Facility.
11.9. The delivery of the Repaired Product or Replacement Product to you, or the refund of the purchase price under Clause 11.6, as applicable, shall be in full satisfaction and discharge of all your rights, remedies and claims howsoever arising in relation to the Defective Product and related Order, and shall be your sole and exclusive remedy against Unikeys.
11.10. In relation to any Repaired Product or Replacement Product, Unikeys only provides the Product Warranty for the remaining Warranty Period (calculated as from the date of the relevant Order for the original Defective Product).
12. Warranty Limitations
12.1. We fully disclaim and offer no express or implied warranties, representations or undertakings in relation to, and the Product Warranty shall not apply to, any pre-installed software on the Product, or any warranty, representation or undertaking to the quality, performance, functionality, compatibility or fitness of the Product for a particular purpose. We do not warrant that the functions contained in the software and/or Product will meet your specific requirements or that the operation of the software and/or Product will be uninterrupted or error-free. The Product is sold “as is”. To the extent permitted by applicable law, the Product Warranty under paragraph 11 does not apply to:
(a) normal wear and tear;
(b) damage resulting from accident, abuse, misuse, neglect, improper handling or improper installation;
(c) damage or loss of the Product caused by undue physical or electrical stress, including but not limited to moisture, corrosive environments, high voltage surges, extreme temperatures, shipping, or abnormal working conditions;
(d) damage or loss of the Product caused by acts of nature including, but not limited to, floods, storms, fires, and earthquakes;
(e) damage caused by operator error, or non-compliance with instructions as set out in accompanying documentation;
(f) alterations by persons other than us, associated partners or authorized service facilities;
(g) Products, on which the original software has been replaced or modified by persons other than us, associated partners or authorized service facilities;
(h) counterfeit products;
(i) damage or loss of data due to interoperability with current and/or future versions of operating system, software and/or hardware;
(j) damage or loss of data caused by improper usage and behavior which is not recommended and/or permitted in the Product documentation; and
(k) failure of the Product caused by usage of the products not supplied by us.
12.2. The Product Warranty is non-transferable and is enforceable only by the original purchaser of the Product. Any Product that has not been purchased as new from Unikeys or our authorized vendor and/or associates is expressly excluded from Product Warranty. The Product Warranty does not apply to Products which were not sold by Unikeys or its authorized vendors and/or associates.
12.3. We reserve the right to make changes or improvements in design, firmware or manufacturing without assuming any obligation to change or improve Products previously manufactured and/or sold.
13. Limitation of liability
14.1. Except to the extent prohibited under applicable law, you agree to indemnify, defend, and hold harmless Unikeys, the Unikeys Group Companies, or licensors, and each of their officers, directors, employees and agents, from and against any Losses arising out of or in relation to:
(a) your use of, or activities in connection with the Site, the Unikeys Wallet mobile application, the Site Content, your User Account and/or the Products;
(c) any third party claim in connection with or arising out of your use of the Products or any content, data, or information that you submit, provide or transmit to us and/or through the System;
14.2. We reserve the right to assume the exclusive defence and control of any claim, proceeding or action subject to indemnification by you, in which event you shall fully cooperate and assist us in the assertion of any defence.
15. Governing law and jurisdiction
The site and Unikeys Wallet mobile application may include hyperlinks to other websites, content or resources, which are hosted, offered or provided by third parties unrelated to Unikeys. You understand and agree that:
(i) Unikeys has no control over and does not monitor such third party websites, content, or resources;
(ii) Unikeys makes no guarantee or warranty, and is not responsible for any such external sites, content or resources (or any products, goods or services promoted, referred to or offered on such external sites or resources); and
(iii) Unikeys does not endorse any websites linked to the Site, or any advertising, products, goods, services or other materials on or available from such websites or resources.
19. Entire Agreement
22. Rights of Third Parties
23. Force Majeure
23.1. Unikeys shall not be responsible for any Losses resulting from any delay or failure in fulfilling or delivering any Order, or making transactions through the Unikeys Wallet mobile application, so long as any such failure or delay arises out of any circumstances that are outside the reasonable control of Unikeys, including a natural disaster, fire, explosion, flood, typhoon, storm, earthquake, tsunami, war, military operation, epidemic, pandemic, strike, labour dispute or default of a supplier or service provider ("Force Majeure Event"). If the Force Majeure Event prevents Unikeys from performing its obligations for more than thirty (30) days, then the Unikeys has the right to immediately terminate the relevant Order.