The “Whizz VPN” service is offered to you via the internet by the company Importeron Ltd. The use of Whizz VPN is subject to the following terms and conditions. By using Whizz VPN, you agree to these terms and conditions.
Deviations from or additions to these general terms and conditions are only binding if they have been accepted in writing by Importeron Ltd.
Article 1. Use of the service
1.1. Whizz VPN allows you to use a VPN service.
1.2. To use Whizz VPN, you must first register. Once your registration is complete, you can log in to your account immediately and use the service.
1.3. You must protect access to your account from unauthorized persons by a username/password or activation code. In particular, you must keep your password and activation code strictly confidential. Importeron Ltd may assume that everything that happens from your account after logging in with your username/password or activation code is done under your direction and supervision. You are therefore liable for all these actions, unless you have notified Importeron Ltd that someone else knows your password.
1.4. Whizz VPN processes your personal data. You consent to all forms of processing that fall within the scope of the service. Please refer to Importeron Ltd’s privacy statement for more information.
Article 2. Rules of use
2.1. It is prohibited to use Whizz VPN for actions that violate Hong Kong or other applicable laws and regulations. This includes, among other things, storing or distributing information via the service that is defamatory, libelous, or racist.
2.2. If Importeron Ltd finds that you are violating the above conditions, or receives a complaint about this, Importeron Ltd may intervene to stop the violation.
2.3. If, in the opinion of Importeron Ltd, nuisance, damage, or other danger arises for the functioning of the computer systems or network of Importeron Ltd or third parties and/or the provision of services via the internet, in particular due to excessive sending of email or other data, leaks of personal data, or activities of viruses, Trojans, and similar software, Importeron Ltd is entitled to take all measures it deems reasonably necessary to avert or prevent this danger.
2.4. Importeron Ltd is at all times entitled to report any criminal offenses it discovers.
2.5. Importeron Ltd may recover from you any damage resulting from violations of these rules of conduct. You indemnify Importeron Ltd against all claims from third parties in connection with information posted by you.
Article 3. Availability and maintenance
3.1. Importeron Ltd makes every effort to ensure that the service is available, but does not guarantee uninterrupted availability.
3.2. Importeron Ltd actively maintains Whizz VPN. If maintenance is expected to result in limited availability, Importeron Ltd will carry it out during the night (between 11 p.m. and 7 a.m.). Maintenance will be announced in advance where possible. Maintenance in connection with emergencies may take place at any time and will not be announced in advance.
3.3. Importeron Ltd may modify the functionality of Whizz VPN from time to time. Your feedback and suggestions are welcome, but ultimately Importeron Ltd decides which modifications it will or will not implement.
Article 4. Intellectual property
4.1. The Whizz VPN service, the associated software, and all information and images on the website are the intellectual property of Importeron Ltd. These may not be copied or used in any way without the separate written permission of Importeron Ltd, except in cases where this is permitted by law.
4.2. Information that you publish or store via the service is and remains your property (or that of your suppliers). Importeron Ltd has a limited right to use this information for the service.
4.3. The right of use referred to in the previous paragraph is granted for an indefinite period and cannot be revoked. The right of use remains in force after termination of the agreement. In exceptional cases where there is a compelling interest against continued use of the information, Importeron Ltd may decide to modify or remove it.
4.4. You may modify or remove information that you publish or store via the service at your own discretion.
4.5. If you send information to Importeron Ltd, such as feedback about an error or a suggestion for improvement, you grant it an unlimited and perpetual right to use this information for the service. This does not apply to information that you expressly mark as confidential.
4.6. Importeron Ltd will not take note of any private data that you store and/or distribute via Whizz VPN, unless this is necessary for the proper provision of the service or Importeron Ltd is obliged to do so by virtue of a legal provision or court order. In that case, Importeron Ltd will endeavour to limit its knowledge of the data as much as possible, insofar as this is within its power.
Article 5. Payment for the service
5.1. The use of Whizz VPN is subject to a monthly fee. This fee must always be paid in advance.
5.2. Payment can be made by direct debit, by transferring the amount yourself to the bank account of Importeron Ltd, via iDEAL payment, by credit card, via PayPal, or according to the payment instructions on the website.
5.3. Because the service is provided immediately, and at your express request, it is not possible to cancel a payment under the Distance Selling Act.
Article 6. Liability
6.1. Except in cases of intent or gross negligence, Importeron Ltd.’s liability is limited to the amount you paid for the three months prior to the damaging event.
6.2. Importeron Ltd is expressly not liable for indirect damage, consequential damage, lost profit, lost savings, and damage due to business interruption.
6.3. Any right to compensation is conditional upon you reporting the damage to Importeron Ltd in writing within two months of discovery.
6.4. In the event of force majeure, Importeron Ltd is never obliged to compensate you for any damage you may have suffered as a result. Force majeure includes, among other things, malfunctions or failures of the internet, the telecommunications infrastructure, power failures, domestic unrest, mobilization, war, transport blockages, strikes, lockouts, business disruptions, stagnation in supply, fire, and flooding.
Article 7. Duration and termination
7.1. This agreement takes effect as soon as you use the service for the first time and then runs for a fixed period.
7.2. A free 3-day trial period applies to Whizz VPN. You must request this yourself on our website.
7.3. A subscription can be terminated at any time, without reason. The amount paid in advance for the agreed subscription period will not be refunded.
7.4. Importeron Ltd may terminate the agreement if you have not used the service for eighteen months. In that case, it will first send a reminder email to the email address linked to your account.
Article 8. Changes to prices and terms and conditions
8.1. Importeron Ltd may amend these terms and conditions and prices at any time.
8.2. Importeron Ltd will announce the changes or additions at least thirty days before they take effect via the service so that you can take note of them.
8.3. If you do not wish to accept a change or addition, you may terminate the agreement until the date of entry into force. Use of the service after the date of entry into force constitutes acceptance of the amended or supplemented terms and conditions.
Article 9. Other provisions
9.1. This agreement is governed by Hong Kong law.
9.2. Unless otherwise prescribed by mandatory law, all disputes relating to Whizz VPN will be submitted to the competent court in the district in which Importeron Ltd is located.
9.3. If a provision in these terms of use requires that a communication be made “in writing,” this requirement will also be met if the communication is made by email or communication via the service, provided that it is sufficiently certain that the message actually originates from the alleged sender and that the integrity of the message has not been compromised.
9.4. The version of communication or information as stored by Importeron Ltd shall be deemed to be correct, unless you provide evidence to the contrary.
9.5. If any provision of these Terms of Use is found to be invalid, this shall not affect the validity of the entire Terms of Use. In this case, the parties will establish a new provision or provisions to replace the invalid provision, which will reflect the intention of the original provision as much as legally possible.
9.6. Importeron Ltd is entitled to transfer its rights and obligations under the agreement to a third party that takes over Whizz VPN or the relevant business activity from it.
