Terms and conditions

The legal agreements set out below are between you and Caxis Limited. Please read the following terms and conditions as they affect your use of the Website, any information contained therein and/or shared on our social media pages, and any products and services available from or through caxis.com (the “Website”) or Caxis Limted. These terms and conditions govern any use of the Website as a guest or registered customer.

Definitions

“Web site” “Website” or “Site” means the web site you were browsing when you clicked on a link to these General and Special Terms and Conditions, including all subsidiary pages.

“Caxis”, “caxis.com”, “we”, “us”, “our” or “ourselves” means Caxis Limited, registered in Hong Kong as a Trust or Company Service Provider (license number: TC001846).

“Company” means the client company for which we are providing Services to.

“You” means (in the case of incorporation service) the individual or corporate client who purchase our incorporation services, and (in other cases) the Company.

A. General Terms and Conditions

Information about us

Caxis.com is a website operated by Caxis Limited. Caxis is registered in Hong Kong as a Trust or Company Service Provider (license number: TC001846).

Use of the Website

By accessing www.caxis.com and all subsidiary web pages within the site, you agree to these General Terms and Conditions in full, together with any additional or specific terms and conditions we may draw to your attention prior to your purchasing any products or services from or via this Website.

All material on the Website and our social media pages is provided for information purposes only and does not constitute legal, accounting or professional advice of any other kind; therefore, it cannot and should not be relied upon as such. If you require any professional advice or services, we recommend you consult a qualified party before acting in reliance on any of the information, or purchasing any of the products or services, available on or from this Website.

You accept that any comments posted by you on our Website and/or social media pages can be viewed by the public, and that we have no control over, or liability for, the way in which this information is used by any third party who views your comments.

Links to third-party websites and services

The Website and our blog articles may contain links, buttons and banners that redirect you to third-party resources and websites that may be of interest. The inclusion of any link does not mean we endorse the site or have any association with its operators, nor should the inclusion of any link be viewed as an encouragement to purchase or use any third-party products or services – we provide these links to you for information purposes and convenience only.

Linked Websites are not under our control and we are not responsible for the contents of any Linked Website including, without limitation, any link contained in a Linked Website, or any changes or updates to a Linked Website. We do not accept responsibility or liability for the privacy of your personal information on any Linked Website, and we are not responsible for webcasting or any other form of transmission received from any Linked Website.

These General Terms and Conditions do not cover your interaction with Linked Websites; therefore, you should carefully review the General Terms and Conditions and privacy policies of any third party sites you visit. Your use of any linked Website is at your own risk.

Certain services made available via the Website are delivered by third parties. By using any product, service or functionality originating from the Website domain, you acknowledge and consent that we may share such information and data with any third party with whom we have a contractual relationship to provide the requested product, service or functionality for the Website’s users and customers.

Updates and changes to the Website

We aim to update the Website regularly but we cannot guarantee that information will be accurate, complete and current at all times. We may update this information when necessary, and all information on the Website is subject to such modification from time to time without notice; however, we make no representations, warranties or undertakings of whatever nature about the information, content or materials provided on the Website. This includes, without limitation, the quality, accuracy, completeness and reliability of the information.

We will use reasonable efforts to keep the Website available to you but it is subject to on-going updates and improvements, and we reserve the right to change or remove (temporarily or permanently) the Website, or any part of it, including all products, services or prices, without prior notice. By accepting these General Terms and Conditions, you confirm that we shall not be liable to you for any such changes or removals that may take place.

Changes to these General Terms and Conditions and the Specific Terms and Conditions may be made at any time. Your use of the Website and the purchase of products or services are also subject to any such changes. You accept personal responsibility to check if any changes have been made to the General Terms and Conditions or relevant Specific Terms and Conditions every time you visit the Website or purchase products or services from us.
Exclusion of liability to you from the use of the Website

The Website is provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made, and without warranty of any kind – whether expressed or implied – including, but not limited to, the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

Any and all liability to you that may arise from your access to, and use of, the Website – whether due to negligence, breach of duty or otherwise – is excluded to the maximum extent permitted by law.

No warranty is given that the functionality of the Website will be uninterrupted or error free, that defects will be corrected, or that the Website – or server that makes it available – are free of viruses or anything else which may be harmful or destructive.

We are not responsible for the content of other Websites that link to or from this Website. Links to other sites are provided simply for your information and do not imply that we approve of those sites or their content.

Nothing in these General Terms and Conditions shall be construed so as to exclude or limit the liability of ourselves for death or personal injury as a result of our negligence or that of its employees or agents. For the avoidance of doubt, this clause shall apply also to the Specific Terms and conditions below.

Intellectual Property – Copyright and Trade Marks

All text, templates, images, information and layouts – other than those supplied by third parties – are the property of Caxis Limited.

You are permitted to view, copy and print extracts from this website for your own personal use; however, all rights, intellectual or otherwise, will remain with Caxis and do not pass to you. Should you wish to use content of the site for any other purpose, please contact us.

The copyright of all other materials not belonging to Caxis that may feature on this Website – including their design, layout, text, graphics, photographs, and the source code and software – belongs to their respective owners.

Registered and unregistered trademarks, logo designs, registered company names and other such forms of IP are also the property of their respective owners.

You are not permitted to sell or re-sell anything available from the Website, other than to the extent expressly permitted in accordance with any product or service purchased by you from the Website, where such permission is either expressly granted or in a circumstance in which it is a necessary attribute of the product or service concerned.

Force Majeure

In connection with the supply of any goods or services ordered by you through the Website, we shall not be liable for any delay or failure to perform any of our obligations if the delay or failure results from events or circumstances outside our reasonable control. Such circumstances include – though are not limited to – acts of God, strikes; lock outs; accidents; war; acts of terrorism; fire; or failure of any communications, telecommunications or computer system. We shall be entitled to a reasonable extension of our obligations to you (to the extent we owe any such obligations) should a Force Majeure event occur.

If a Force Majeure event to which this clause applies does occur, we agree to notify you as soon as practicable. If the Force Majeure event continues for more than 14 days, either party shall have the right to cancel the agreement. Where services have been paid for in advance but have not been rendered, you will be entitled to a full refund from the date of cancellation for all such services.

Creating an account with us

The Website provides a facility that allows you to create and register an account with us in order to gain greater access privileges and purchase products or services. If you choose to register with us, you are solely responsible for maintaining the confidentiality and security of your account and for all activities that occur on or through it – under no circumstances should you disclose your account information to anyone else. You agree to immediately notify Caxis of any security breach of your account.

Caxis shall not be responsible for any losses arising out of the unauthorised use of your account, and you agree to indemnify us for any loss or damage we may incur resulting from breach of this clause.

Your privacy and Data Protection

We respect your confidentiality and take the protection of your personal data very seriously. Therefore we shall not sell or make your data available to any third party without your prior consent.

You may alter or update any personal data provided to us as part of registration on the Website at any time.

For the purposes of applicable data protection legislation, Caxis will process any personal data you have provided to it in accordance with our Privacy Statement available on the Caxis website or on request from Caxis. If you have any queries about the manner in which personal data will be processed by Caxis or your rights in relation to such processing please contact us.

You agree that, if you have provided Caxis with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer of such personal data to Caxis and (2) that you have brought to the attention of any such third party the Privacy Notice available on Caxis’ website or otherwise provided a copy of it to the third party. You agree to indemnify Caxis in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.

Please review our Privacy Policy in full, which explains how we treat your personal information and protect your privacy.

Terminating the use of the Website

We reserve the right to withdraw or suspend your right to access or use the Website at any time without prior notice and without disclosing our reason for doing so.

Waiver

No waiver by us (whether express or implied) in enforcing any of our rights shall prejudice our right to enforce such rights in the future.

Miscellaneous

If any provision of these General Terms and Conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed, and the validity and enforceability of the remaining provisions shall not be affected.

In the event of there being any conflict between these General Terms and Conditions and the Specific Terms and Conditions that apply specifically to the purchase of certain goods or services through this Website, the Specific terms and Conditions shall prevail.

No third party may enforce any term of these General Terms and Conditions or of any provision contained in any document issued pursuant to our services.

The provisions of the Contracts (Rights of Third Parties) Ordinance (Cap. 623) of the laws of Hong Kong are hereby expressly excluded from these General Terms and Conditions.

Notices

This clause applies where these General Terms and Conditions or the Specific Terms and Conditions provide expressly or by implication for the service of notices.

Any notice required to be given under these General Term and Conditions or in connection with the matters contemplated by it shall be written in the English language by email to admin@caxis.com.

Governing law and Jurisdiction

Your use of the Website and the purchase of any products or services from it are governed in accordance with the laws of Hong Kong.

The Hong Kong courts shall have exclusive jurisdiction over any dispute or difference whatsoever arising out of or in connection with your use of the web site or the purchase of any products or services from it.

B. Specific Terms and Conditions

These Specific Terms and Conditions are applicable to transactions made from or through the Caxis website at https://www.caxis.com and any subsidiary pages. They must be read and agreed to in full, together with the General Terms and Conditions above, which apply to any agreement between us and to your use of the Website in general.

In these Specific Terms and Conditions, “Services” means company secretarial services purchased through the Website including but not limited to incorporation, filings, mail handling, and other related services.

Authorisation

By purchasing the Services from Caxis, you are granting us the right to file with Companies Registry, as an authorised person for and on behalf of the Company, the statutory forms required to implement the Services you are agreeing to take under this agreement. Please note that you will be required to provide proof of identity and other personal information relating to shareholders and directors.

Limitation of Liability

We do not accept any liability of whatever nature for errors or omission in the company information you submit through our Website, or for any such company incorporation application which is subsequently rejected by Companies Registry.

If your company incorporation application is rejected by Companies Registry, you will not be entitled to a refund for any incorporation service purchased from Caxis.

We do not accept any liability should your company be struck off and/or removed from the Register for any reason that is not within our control, or following the cancellation or expiry of the services you are agreeing to take under this agreement should your company fail to meet its statutory requirements following our actions to file the requisite forms to notify the termination of such services.

It is your responsibility to ensure that any company name you choose is available for registration and can be lawfully used by you. We accept no liability for your choice of name or any problems which may arise due to your choice of company name.

Requirements for the use of our incorporation services

The minimum age requirement for directors, company secretaries and shareholders members is 18 years.

We are not responsible or liable for any rejection of incorporation or problems arising due to the appointment of any persons not meeting the legal requirements for company incorporation. It is your responsibility to ensure all persons named on the company incorporation application are eligible to hold their respective positions.

Ordering our products and services

You are presented with a range of choices during the ordering process. It is your responsibility to ensure you read and fully understand these choices before proceeding with any purchase. Should you have any queries regarding our products and/or services, or any aspect of your order, we strongly recommend that you contact us during our usual Hong Kong business hours prior to proceeding with any purchase.

All orders that you place through this Website are deemed to be an offer by you to purchase the products and/or services that we supply, subject to these Specific Terms and Conditions and our acceptance of the order. We may choose to reject any order without disclosing our reason for doing so.

We only provide services on the basis that you have given us full and proper instructions and the authority to lawfully carry out those instructions. You undertake to ensure the accuracy and completeness of the information you provide for us, and you accept all liability for the rejection of any services or documents due to inaccuracies or incompleteness. We do not accept any liability of whatever nature for errors or omissions in documents that are uploaded, or not uploaded, to our website by you, or for any such documents which are subsequently rejected by Companies Registry.

By accepting these Specific Terms and Conditions, you are granting us authorisation to file with the Companies Registry as an authorised person for, and on behalf of, the company, the statutory forms required to implement the services you are agreeing to take under this agreement for the full term of the agreement. If said services are cancelled, terminated, or shall expire as a result of failing to make the required payment, you are granting us authorisation to file the statutory forms required to terminate these services.

We are subject the certain laws and regulations relating to Anti-Money Laundering and Counter-Terrorist Financing. By accepting these Specific Terms and Conditions you are granting us authority to carry out a background check. We will also require you to provide proof of your identity and address in the form of certified copies of the original documents to satisfy our Anti-Money Laundering and Counter-Terrorist Financing policies (the “Policies”). Failure to comply with any request for such documents may result in the cancellation of services. No refund shall be given for the cancellation of services resulting from a failure to comply with our Policies.

As a Trust or Company Service Provider we have a responsibility to carry out due diligence checks from time to time on our customers (companies, officers and shareholders) to which we provide ongoing services. Should any of our checks result in the discovery of illegal or unethical activities, we reserve the right to terminate services without notice and without refund.

We also have an obligation to meet the requirements of ‘Know Your Customer’ (KYC) and you will be asked to complete a short questionnaire on the business activity or activities of your company and the reason for your business relationship with Caxis.

Incorporation Service

Caxis is a specialist online company service provider. We use secure electronic filing facilities that are made available from Companies Registry. By choosing to register a company through us, or authorising us to register an user account at the eRegistry and file information on your behalf, you accept that all information will be submitted to Companies Registry via this electronic filing facility.

Provided you have complied with the formalities necessary to register a company through us, Companies Registry will generally complete the incorporation of your company within same working day. However, we have no control over this process; therefore, it may take longer than the usual processing time of one working day.

Conditions of our company address services

When you purchase a Registered Address from us, you are agreeing to use our address only as official address but not correspondence address. All official government mails will be received at our address, and it is your responsibility to collect shall mails at our office.

All original copies of your mail will be securely stored for a period of 30 days. After the expiry of 30 days, unclaimed mail will be securely destroyed.

If you purchase Mail Handling Service together with the Registered Address, you may request that the mails be forwarded to you by post (postage fees to be borne by you).

When you purchase an address service from Caxis, you are authorising us to receive, sort and forward mail on your behalf. We shall not be responsible for any losses incurred due to any act, omission, neglect, or delay by us, or our employees or agents, in the process of receiving, sorting and forwarding mail on your behalf.

We are not responsible for any mail that fails to be delivered to our offices, nor are we liable for mail after it has been handed to Hongkong Post or our nominated courier for delivery to your preferred forwarding address.

We will not accept any general business mail (non-statutory mail) for you or your company through our Registered Address service. Please refer to the maximum number of mails in our mail handling service as stated on our Website.

If payment for renewal of a Registered Address service has not been made on or before the anniversary of the date of the previous payment, or you have failed to provide the required ID, you will be deemed irrevocably to have authorised us to change, with immediate effect, your Registered Address to your residential address or any other address you have previously provided us for this purpose. This new address information will be registered with Companies Registry and displayed on public record.

Caxis reserves the right to cancel an address service with immediate effect should we believe you have caused a palpable risk to our reputation and/or business. Our address will be removed from Companies Registry records and it will be changed to your residential address or any other address you have previously provided us for this purpose. If you are a non-Hong Kong resident and do not have a Hong Kong address to use for this purpose, we will apply to Companies Registry to have our address removed. This new address information will be registered with Companies Registry and displayed on public record.

We will not accept or handle any items weighing more than 2kg or larger than 500 x 500mm in dimension. This limit is imposed because we are a mail-forwarding service and do not have the storage facilities to store large parcels.

Should we receive mail returned to ourselves which has previously been forwarded by ourselves to the forwarding address we have on file for the customer, we will contact the customer to clarify the forwarding address we have on file. Any returned mail which is subsequently re-sent by post to the customer will be charged at postal rates + 15%, unless we are satisfied an error has been made by ourselves.

Changes to goods and services

The price of any goods or service that you may purchase from us is set out under the option you select on our Website.

The total purchase price will be displayed in your shopping cart prior to your confirming the order. Refunds cannot be provided after your confirmation of order.

We reserve the right to update the prices on the Website of any products or services without prior notice or explanation. Every effort is made to ensure that all prices are correct; however, in the event of a serious error, any transaction shall be voided by us, entitling you to a full refund.

We reserve the right to update, amend, or withdraw the products and services that we offer on our Website without prior notice or explanation.

We shall not be liable to anyone for withdrawing or amending any of the products we sell, or for refusing or failing to process an order.

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