CITICCASH Hong Kong Investment Limited. (hereinafter referred to as
"the company") is a company incorporated in the Hong Kong (China) under the laws of the Hong Kong (China), and
operates the website https://www.coinw.me (hereinafter referred
to as "this Website" or "the Website"), which is a platform
dedicated to the transaction of digital assets and the
provision of related services (hereinafter referred to as "the
Service"). For the convenience of wording in this Agreement,
the Company and the Website are referred to as "we" or other
applicable forms of first person pronouns in this Agreement.
All natural persons or other subjects who log onto this Website
shall be users of this Website. For the convenience of wording
in this Agreement, the users are referred to as "you" or any
other applicable forms of the second-person pronouns. For the
convenience of wording in this Agreement, you and us are
collectively referred to as "both parties", and individually as
"one party". For the convenience of the Users, all content on
this Website may be available in multiple languages. In case of
any conflict between different language versions of such
content or any omission in any language version, the Chinese
version of such content shall prevail.
Important reminder:
We hereby remind you that:
- 1. The digital assets themselves are not offered by
any financial institution, corporation or this Website;
- 2. The digital asset market is new and unconfirmed,
and will not necessarily expand;
- 3. Digital assets are primarily used by speculators,
and are used relatively less on retail and commercial markets;
digital asset transactions are highly risky, due to the fact
that they are traded throughout the day without limits on the
rise or fall in price, and market makers and global government
policies may cause major fluctuations in their prices;
-
4. The Company may suspend or terminate your account or
use of the Service, or the processing of any digital asset
transaction, at any time if it determines in its sole
discretion that you have violated this Agreement or that its
provision or your use of the Service in your jurisdiction is
unlawful. USE OF THE SERVICE BY PERSONS LOCATED IN THE UNITED
STATES OF AMERICA IS PROHIBITED.
Digital assets trading is highly risky and therefore not
suitable for the vast majority of people. You acknowledge and
understand that investment in digital assets may result in
partial or total loss of your investment and therefore you are
advised to decide the amount of your investment on the basis
of your loss-bearing capacity. You acknowledge and understand
that digital assets may generate derivative risks. Therefore,
if you have any doubt, you are advised to seek assistance from
a financial adviser first. Furthermore, aside from the
above-mentioned risks, there may also be unpredictable risks.
Therefore, you are advised to carefully consider and use clear
judgment to assess your financial position and the
abovementioned risks before making any decisions on buying and
selling digital assets; any and all losses arising therefrom
will be borne by you and we shall not be held liable in any
manner whatsoever.
You are hereby informed that:
- 1. You understand that this Website is only intended
to serve as a venue for you to obtain digital asset
information, find trading counterparties, hold negotiations on
and effect transactions of digital assets. This Website does
not participate in any of your transactions, and therefore you
shall, at your sole discretion, carefully assess the
authenticity, legality and validity of relevant digital assets
and/or information, and solely bear the responsibilities and
losses that may arise therefrom.
- 2. All opinions, information, discussions, analyses,
prices, advice and other information on this Website are
general market reviews and do not constitute any investment
advice. We do not bear any loss arising directly or indirectly
from reliance on the abovementioned information, including but
not limited to, any loss of profits.
- 3. The content of this Website may be changed from
time to time and at any time without notice, and we have taken
reasonable measures to ensure the accuracy of the information
on the Website; however, we do not guarantee the degree of
such accuracy, or bear any loss arising directly or indirectly
from the information on this Website or from any delay or
failure caused by failure to link up with the internet,
transmit or receive any notice and information
- 4. Using internet-based trading systems also involves
risks, including but not limited to failures in software,
hardware or Internet links, etc. In view of the fact that we
cannot control the reliability and availability of the
Internet, we will not be responsible for any distortion, delay
and link failure.
- 5. https://www.coinw.me is the sole official external
information release platform for this Website;
- 6. No service on this Website may be paid for by
credit card;
- 7. It is prohibited to use this Website to engage in
any illegal transaction activities or illegitimate activities,
such as money laundering, smuggling and commercial bribery. In
the event that any suspected illegal transaction activities or
illegitimate activities is uncovered, this Website will adopt
all available measures, including but not limited to freezing
the offender’s account, notifying relevant authorities, etc.,
and we will not assume any of the responsibilities arising
therefrom and reserve the right to hold relevant persons
accountable;
- 8. It is prohibited to use this Website for the
purpose of malicious manipulation of the market, improper
transactions or any other illicit trading activities. Where
any of such illicit trading activities is uncovered, this
Website will adopt such preventive and protective measures as
warning, restricting trading and closing accounts against any
and all such malicious manipulation of prices, maliciously
influencing the trading system and any other illicit
behaviors; we do not assume any of the responsibilities
arising therefrom and reserve the right to hold relevant
persons accountable.
- 9. General Provisions
1.1 The User Agreement (hereinafter referred to as
"this Agreement" or "these terms and conditions") consists of
the main body, Terms of Privacy, Understanding Your client and
Anti-money-laundering Policy, as well as any rules, statements,
instructions, etc. that this Website has published or may
publish in the future.
1.2 Before using the services offered by this
Website, you shall read this Agreement carefully, and consult a
professional lawyer if you have any doubt or as may be
otherwise necessary. If you do not agree to the terms and
conditions of this Agreement and/or any change made thereto
from time to time and at any time, please immediately stop
using the service provided by this Website or stop logging onto
this Website. Upon your logging into this Website or using any
service offered by this Website or engaging in any other
similar activity, it shall be deemed as having understood and
fully agreeing to all terms and conditions of this Agreement,
including any and all changes, modifications or alterations
that this Website may make to this Agreement from time to time
and at any time.
1.3 After filling in the relevant information in
accordance with the requirements of this Website, and going
through other relevant procedures, you will successfully
register yourself as a member of this Website (hereinafter
referred to as "Member"); in the process of registration, if
you click on the "I Agree", it shall be deemed that you have
reached an agreement with the Company by way of electronic
signature; or when you use this Website, you click on the "I
Agree" button or a similar button, or if you use the services
offered by this Website in any of the ways allowed by this
Website, it shall be deemed that you fully understand, agree to
and accept all the terms and conditions under this Agreement,
and in this case, the absence of your handwritten signature
will not affect the legal binding force that this Agreement may
have on you.
1.4 After you become a member of this Website, you
will receive a member account and corresponding password, which
shall be properly kept by you as a member of this Website;
Members shall be liable for all activities and events carried
out through their accounts.
1.5 You cannot engage in trading on the digital asset
trading platform provided by this Website and gain access to
the services that are exclusively available to members in
accordance with the rules and regulations of this Website,
unless and until you become a member of this Website; if you
are not a member of this Website, you can only log in to and
browse the Website and have access to other services as are
permitted by the rules and regulations of this Website.
1.6 Upon registering yourself as a member of this Website and
using any of the services and functions offered by this
Website, it shall be deemed that you have read, understood this
Agreement, and:
- 1.6.1 accepted to be bound by all terms and
conditions of this Agreement;
- 1.6.2 You confirm that you have attained the age of
16, or another statutory age for entering into contracts as
is required by a different applicable law, and your
registration with this Website, purchase or sale via this
Website, release information on this Website and other
behaviors indicating your acceptance of the Services offered
by this Website shall comply with the relevant laws and
regulations of the sovereign state or region that has
jurisdiction over you, and you confirm that you have
sufficient capacity to accept these terms and conditions,
enter into transactions and to use this Website for digital
asset transactions.
- 1.6.3 You undertake that all your digital assets
involved in transactions hereunder are legally acquired and
owned by you.
- 1.6.4 You agree to undertake any and all liabilities
for your own transaction and non-transaction activities as
well as any and all profits and losses therefrom.
- 1.6.5 You confirm that the information provided at
the time of registration is true and accurate.
- 1.6.6 You agree to comply with any and all relevant
laws, including the reporting of any transaction profits for
tax purposes.
- 1.6.7 You agree to always refrain from engaging in or
participating in any act or activity that damages the
interests of this Website or the Company, whether or not in
connection with the Services provided by this Website.
- 1.6.8 This Agreement is only binding on the rights
and obligations between you and us, and does not involve
legal relations and legal disputes arising from and relating
to the transaction of digital assets between the users of
this Website, and between other websites and you.
2. Amendment of this Agreement We reserve the right
to amend this Agreement from time to time, and disclose such
amendment by way of announcement on the Website without sending
a separate notice to you on your rights. The date when the
amendment is made will be indicated on the first page of the
amended agreement. The amended agreement will take effect
immediately upon announcement on the Website. You shall browse
this Website from time to time and follow information on the
time and content of amendments, if any, made to this Agreement.
If you do not agree with the amendments, you shall stop using
the services offered by this Website immediately; if you
continue to use the services offered by this Website, it shall
be deemed that you accept and agree to be bound by the amended
agreement.
Registration
3.1 Eligibility for Registration You confirm and
promise that: you shall be a natural person, legal person or
other organization with the ability to sign this Agreement and
the ability to use the services of this Website, as is provided
by applicable laws, when you complete the registration process
or when you use the services offered by this Website in any
other manner as is otherwise permitted by this Website. Upon
clicking on the button indicating that you agree to register,
it shall be deemed that you yourself or your authorized agent
agrees to the content of this Agreement and your authorized
agent will register with this Website and use the services
offered by this Website on your behalf. If you are not a
natural person, legal person or organization with the
abovementioned ability, you and your authorized agent shall
bear all the consequences of that, and the company reserves the
right to cancel or permanently freeze your account and to hold
you and your authorized agent accountable.
3.2 Purpose of Registration You confirm and promise
that you do not register with this Website for the purpose of
violating any of the applicable laws or regulations or
undermining the order of digital asset transactions on this
Website.
3.3 Registration Process
- 3.3.1 You agree to provide a valid email address, a
mobile phone number and other information in accordance with
the requirements on the user registration page of this
Website. You can use the email address, mobile phone number or
any other manner permitted by this Website to log in to this
Website. Where it is necessary and in accordance with the
requirements of applicable laws and regulations of relevant
jurisdictions, you shall provide your real name, identity card
and other information required by applicable laws,
regulations, the Terms of Privacy, and anti-money-laundering
terms, and constantly update your registration data so that
they will be timely, detailed and accurate as is required. All
of the original typed data will be referenced as registration
information. You shall be responsible for the authenticity,
integrity and accuracy of such information and bear any direct
or indirect loss and adverse consequences arising out of it.
- 3.3.2 If any of the applicable laws, regulations,
rules, orders and other regulatory documents of the sovereign
country or region in which you are based requires that mobile
phone accounts must be based on real names, you hereby confirm
that the mobile phone number you provide for registration
purposes has gone through the real-name registration
procedure. If you cannot provide such a mobile phone number as
is required, any direct or indirect losses and adverse
consequences arising therefrom and affecting you shall be
borne by you.
- 3.3.3 After you provide the required registration
information in a legal, complete and valid manner and such
information passes relevant verification, you shall have the
right to obtain an account and a password of this Website.
Upon obtaining such account and password, your registration
shall be deemed as successful and you can log into this
Website as a member thereof.
- 3.3.4 You agree to receive emails and/or short
messages sent by this Website related to the management and
operation thereof.
Services This Website only provides online
transaction platform services for you to engage in digital
asset trading activities through this Website (including but
not limited to the digital asset transactions etc.). This
Website does not participate in the transaction of digital
assets as a buyer or seller; This Website does not provide any
services relating to the replenishment and withdrawal of the
legal currency of any country.
4.1 Content of Services
- 4.1.1 You have the right to browse the real-time
quotes and transaction information of digital asset products
on this Website, to submit digital asset transaction
instructions and to complete the digital asset transaction
through this Website.
- 4.1.2 You have the right to view information under the
member accounts on this Website and to apply the functions
provided by this Website.
- 4.1.3 You have the right to participate in the website
activities organized by this Website in accordance with the
rules of activities posted on this Website.
- 4.1.4 Other services that this Website promises to
offer to you.
4.2 Service Rules You undertake to comply with the
following service rules of this Website:
- 4.2.1 You shall comply with the provisions of
applicable laws, regulations, rules, and policy requirements,
and ensure the legality of the source of all digital assets in
your account, and shall refrain from engaging in any illegal
activities or other activities that damages the rights and
interests of this Website or any third party, such as sending
or receiving information that is illegal, illicit or infringes
on the rights and interests of any other person, sending or
receiving pyramid scheme information or information or remarks
causing other harms, unauthorized use or falsification of the
email header information of this Website, inter alia.
- 4.2.2 You shall comply with applicable laws and
regulations and properly use and keep your account in this
Website and login password, password of your financial
transactions, and the mobile phone number bound with your
account that you provide upon registration of your account, as
well as the security of the verification codes received via
your mobile phone. You shall be solely responsible for any and
all your operations carried out using your account with this
Website and login password, financial transaction password,
verification codes sent to your mobile phone, as well as all
consequences of such operations. When you find that your
account with this Website, your login password, financial
transaction password, or mobile phone verification codes is
used by any unauthorized third party, uncover any other
problem relating to the security of your account, you shall
inform this Website in a prompt and effective manner, and
request this Website to temporarily suspend the services to
your account with this Website. This Website shall have the
right to take action on your request within a reasonable time;
nonetheless, this Website does not bear any liability for the
consequences that have arisen before such action is taken,
including but not limited to any loss that you may sustain.
You may not assign your account with this Website to any other
person by way of donation, lending, leasing, transfer or
otherwise without the consent of this Website.
- 4.2.3 You agree to take responsibility for all
activities (including but not limited to information
disclosure, information release, online click-approving or
submission of various agreements on rules, online renewal of
agreements or purchase service) using your account and
password with this Website.
- 4.2.4 In your digital asset transactions on this
Website, you may not maliciously interfere with the normal
proceeding of the digital asset transaction or disrupt the
transaction order; you may not use any technical means or
other means to interfere with the normal operation of this
Website or interfere with the other users' use of the
services; you may not maliciously defame the business goodwill
of this Website on the ground of falsified fact.
- 4.2.5 If any dispute arises between you and any other
user in connection with online transaction, you may not resort
to any means other than judicial or governmental means to
request this Website to provide relevant information.
- 4.2.6 All taxes payable as well as all fees relating
to hardware, software and services that are incurred by you in
the course of using the services provided by this Website
shall be solely borne by you.
- 4.2.7 You shall abide by this Agreement and other
terms of service and operating rules that this Website may
release from time to time, and you have the right to terminate
your use of the services provided by this Website at any time.
4.3 Product Rules
-
4.3.1 Rules for trading products You undertake that in
the process in which you log into this Website and engage in
transactions with other users through this Website, you will
properly comply with the following transaction rules.
4.3.1.1 Browsing transaction information When you
browse the transaction information on this Website, you
should carefully read all the content in the transaction
information, including but not limited to the price,
consignment, handling fee, buying or selling direction, and
you shall accept all the contents contained in the
transaction information before you may click on the button to
proceed with the transaction.
-
4.3.1.2 Submission of Commission After browsing and
verifying the transaction information, you may submit your
transaction commissions. After you submit the transaction
commission, it shall be deemed that you authorize this
Website to broker you for the corresponding transactions, and
this Website will automatically complete the matchmaking
operation when there is a transaction proposal that meets
your price quotation, without prior notice to you.
-
4.3.1.3 Accessing transaction details You can check the
corresponding transaction records in the transaction
statements by the Management Center, and confirm your own
detailed transaction records.
- 4.3.1.4 Revoking/modifying transaction commission. You
have the right to revoke or modify your transaction commission
at any time before the transaction is concluded.
Rights and Obligations of this Website
5.1 If you do not have the registration
qualifications agreed on in this Agreement, this Website shall
have the right to refuse to allow you to register; if you have
already registered, this Website shall have the right to revoke
your member account, and this Website reserves the right to
hold you or your authorized agent accountable. Furthermore,
this Website reserves the right to decide whether to accept
your application for registration under any other
circumstances.
5.2 When this Website finds at its sole discretion
that you or your associated account user is not suitable for
high-risk investment, this Website shall have the right to
suspend or terminate the use of your account and all associated
accounts thereof.
5.3 When this Website finds out that the user of an
Account is not the initial registrant of that Account, it shall
have the right to suspend or terminate the user's access to
that Account.
5.4 Where by means of technical testing or manual
sampling, among others, this Website reasonably suspects that
the information you provide is wrong, untrue, invalid or
incomplete, this Website shall have the right to notify you to
correct or update the information, or suspend or terminate its
supply of the services to you.
5.5 This Website shall have the right to correct any
information displayed on this Website when it uncovers any
obvious error in such information.
5.6 This Website reserves the right to modify,
suspend or terminate the Services offered by this Website, at
any time, and the right to modify or suspend the Service
without prior notice to you; if this Website terminates one or
more of the Services offered by this Website, such termination
by this Website will take effect on the date of announcement of
such termination on the Website.
5.7 This Website shall take necessary technical means
and management measures to ensure the normal operation of this
Website, and shall provide a necessary and reliable trading
environment and transaction services, and shall maintain the
order of digital assets trading.
5.8 If you fail to log into this Website using your
member account number and password for an uninterrupted period
of one year, this Website shall have the right to revoke your
account. After your account is revoked, this Website shall have
the right to offer the member name represented by such account
to other applicants for membership.
5.9 This Website shall ensure the security of your
digital assets by strengthening technical input and enhancing
security precautions, and is under the obligation to notify you
in advance of the foreseeable security risks in your account.
5.10 This Website shall have the right to delete all
kinds of content and information which does not conform to laws
and regulations or the rules of this Website at any time, and
exercise of this right by this Website is not subject to a
prior notice to you.
5.11 This Website shall have the right to, in
accordance with the applicable laws, administrative
regulations, rules, orders and other regulatory documents of
the sovereign country or region where you are based, request to
you for more information or data, and to take reasonable
measures to meet the requirements of the local standards, and
you have the obligation to provide proper assistance to such
measures; this Website shall have the right to suspend or
permanently terminate your access to this Website as well as
part or all of the services offered by this Website.
Indemnity
6.1 Under any circumstance, our liability for your
direct damage will not exceed the total cost incurred by your
three (3) months' use of services offered by this Website.
6.2 Shall you breach this Agreement or any applicable
law or administrative regulation, you shall pay to us at least
US$ Two million in compensation and bear all the expenses in
connection with such breach (including attorney's fees, among
others). If such compensation cannot cover the actual loss, you
shall make up for the difference.
7. The Right to Injunctive Relief Both you and we
acknowledge that common law remedies for breach of agreement or
possible breach of contract may be insufficient to cover all
the losses that we sustain; therefore, in the event of a breach
of contract or a possible breach of contract, the non-breaching
party shall have the right to seek injunctive relief as well as
all other remedies that are permitted under common law or
equity.
Limitation and Exemption of Liability
8.1 You understand and agree that under no
circumstance will we be held liable for any of the following
events:
- 8.1.1 loss of income;
- 8.1.2 loss of transaction profits or contractual
losses;
- 8.1.3 disruption of the business
- 8.1.4 loss of expected currency losses
- 8.1.5 loss of information
- 8.1.6 loss of opportunity, damage to goodwill or
reputation
- 8.1.7 damage or loss of data;
- 8.1.8 cost of purchasing alternative products or
services;
- 8.1.9 any indirect, special or incidental loss or
damage arising from any infringement (including negligence),
breach of contract or any other cause, regardless of whether
or not such loss or damage may reasonably be foreseen by us,
and regardless of whether or not we are notified in advance of
the possibility of such loss or damage.
- 8.1.10 Items 8.1.1 to 8.1.9 are independent of each
other.
8.2 You understand and agree that we shall not be
held liable for any damages caused by any of the following
events:
- 8.2.1 Where we are properly justified in believing
that your specific transactions may involve any serious
violation or breach of law or agreement;
- 8.2.2 Where we are reasonably justified in believing
that your conduct on this Website is suspected of being
illegal or immoral;
- 8.2.3 The expenses and losses arising from the
purchase or acquisition of any data, information or
transaction, etc. through the services offered by this
Website;
- 8.2.4 Your misunderstanding of the Services offered by
this Website;
- 8.2.5 Any other losses related to the services
provided by this Website, which cannot be attributed to us.
8.3 Where we fail to provide the Services or delay in
providing such Services due to information network equipment
maintenance, information network connectivity failures, errors
in computer, communications or other systems, power failures,
weather conditions, unexpected accidents, industrial actions,
labor disputes, revolts, uprisings, riots, lack of productivity
or production materials, fires, floods, storms, explosions,
wars, failure on the part of banks or other partners, collapse
of the digital asset market, actions by government, judicial or
administrative authorities, other acts that are not within our
control or beyond our inability to control, or due to causes on
the part of third parties, we shall not assume any
responsibility for such failure to provide service or delay in
providing services, or for the resultant loss you may sustain
as a result of such failure or delay.
8.4 We cannot guarantee that all the information,
programs, texts, etc. contained in this Website are completely
safe, free from the interference and destruction by any
malicious programs such as viruses, trojans, etc., therefore,
your log-into this Website or use of any services offered by
this Website, download of any program, information and data
from this Website and your use thereof are your personal
decisions and therefore you shall bear the any and all risks
and losses that may possibly arise.
8.5 We do not make any warranties and commitments in
connection with any of the information, products and business
of any third party websites linked to this Website, as well as
any other forms of content that do not belong to us; your use
any of the services, information, and products provided by a
third party website is your personal decision and therefore you
shall assume any and all the responsibilities arising
therefrom.
8.6 We do not make any explicit or implicit
warranties regarding your use of the Services offered by this
Website, including but not limited to the applicability,
freedom from error or omission, consistency, accuracy,
reliability, and applicability to a specific purpose, of the
services provided by this Website. Furthermore, we do not make
any commitment or guarantee in connection with the validity,
accuracy, correctness, reliability, quality, stability,
integrity and timeliness of the technology and information
covered by the services offered by this Website. Whether to log
in this Website or use the services provided by this Website is
your personal decision and therefore you shall bear all the
risks and possible losses arising from such decision. We do not
make any explicit or implicit warranties in connection with the
market, value and price of digital assets; you understand and
acknowledge that the digital asset market is unstable, that the
price and value of assets may fluctuate or collapse at any
time, and that the transaction of digital assets is based on
your personal free will and decision and therefore you shall
assume any and all risks and losses that may possible arise
therefrom.
8.7 The guarantees and undertakings specified in this
Agreement shall be the only guarantee and statements that we
make in connection with the Services provided by us under this
Agreement and through this Website, and shall supersede any and
all the warranties and commitments arising in any other way and
manner, whether in writing or in words, express or implied. All
these guarantees and statements represent only our own
commitments and undertakings and do not guarantee any third
party's compliance with the guarantees and commitments
contained in this Agreement.
8.8 We do not waive any of the rights not mentioned
in this Agreement and to the maximum extent permitted by the
applicable law, to limit, exempt or offset our liability for
damages.
8.9 Upon your registration of your account with this
Website, it shall be deemed that you approve any and all
operations performed by us in accordance with the rules set
forth in this Agreement, and any and all risks arising from
such operations shall be assumed by you.
Termination of Agreement
9.1 This Website shall have the right to cancel your
account with this Website in accordance with this Agreement,
and this Agreement shall be terminated on the date of the
cancellation of your account.
9.2 This Website shall have the right to terminate
all Service offered by this Website to you in accordance with
this Agreement, and this Agreement shall terminate on the date
of termination of all services offered by this Website to you.
9.3 After the termination of this Agreement, you do
not have the right to require this Website to continue to
provide you with any service or perform any other obligation,
including, but not limited to, requesting this Website to keep
or disclose to you any information in your former original
account, or to forward to you or any third party any
information therein that is not read or sent.
9.4 The termination of this Agreement shall not
prevent the observant party from demanding the breaching party
to assume other liabilities.
Intellectual Property
10.1 All intellectual achievements included in this
Website, including, but not limited to, website logos,
databases, website design, text and graphics, software, photos,
videos, music, sounds and any combinations of the
aforementioned files, and the intellectual property rights of
software compilation, associated source code and software
(including small applications and scripts) shall be owned by
this Website. You may not copy, modify, copy, transmit or use
any of the foregoing materials or content for commercial
purposes.
10.2 All rights contained in the name of this Website
(including but not limited to business goodwill and trademarks,
logos) shall be owned by the Company.
10.3 Upon accepting this Agreement, it shall be
deemed that you, on the basis of your own free will, have
transferred and assigned exclusively and free of charge to this
Website all copyright of any form of information that you
publish on this Website, including, but not limited to
copyrights, distribution rights, lease rights, exhibition
rights, performance rights, projection rights, broadcasting
rights, information network dissemination rights, shooting
rights, adaptation rights, translation rights, compilation
rights and other transferable rights that copyright owners are
entitled to, and this Website shall have the right to sue for
any infringement on such copyright and obtain full compensation
for such infringement. This Agreement shall apply to any
content that is published by you on this Website and is
protected by copyright law, regardless of whether the content
is generated before or after the signing of this Agreement.
10.4 You shall not illegally use or dispose of the
intellectual property rights of this Website or any other
person during your use of the services offered by this Website.
For any information that you publish on this Website, you may
not publish or authorize other websites (or media) to use such
information in any manner wuatsoever.
10.5 Your log into this Website or use of any of the
services offered by this Website shall not be deemed as our
transfer of any intellectual property to you.
Information protection
11.1. Scope of Application
- 11.1.1 When you register your account with this
Website or use your account with this Website, you shall
provide personal registration information in accordance with
the requirements of this Website, including but not limited to
your telephone number, email address, and identity card
information.
- 11.1.2 When you use the services offered by this
Website, or visit this Website, this Website will
automatically receive and record the server information of
your web browser, including but not limited to the IP address
and records on the web pages that you request to access.
- 11.1.3 The relevant data collected by this Website in
connection with your transactions on this Website, including
but not limited to transaction records.
- 11.1.4 Other personal information of yours legally
obtained by this Website.
11.2 Use of Information
- 11.2.1 Upon your successful registration with this
Website and without extra consent from you, it shall be deemed
that you agree to permit this Website to collect and use all
the information you publish on this Website; as is specified
under 11.1 hereof, you acknowledge and agree that this Website
can use your information collected by this Website for certain
purposes, including but not limited to the following:
- 11.2.1.1 providing you with the services offered by
this Website;
- 11.2.1.2 Reporting to relevant regulatory departments
based on the requirements of the competent authorities in
relevant sovereign states or regions;
- 11.2.1.3 When you use Services offered by this
Website, this Website will use your information for such legal
purposes as identity authentication, customer service,
security, fraud monitoring, marketing & promotion, archiving,
and backup, or joint promotion of this Website with a third
party, so as to ensure the security of the products and
services that this Website offers to you;
- 11.2.1.4 Information collection and processing for the
purpose of helping this Website design new products and
services and improving the existing services offered by this
Website;
- 11.2.1.5 In order to enable you to understand the
specifics of the Services offered by this Website, you agree
to permit this Website to send to you marketing event
information, commercial electronic information, and
advertising that is related to you in replacement of
general-purpose ubiquitous advertising;
- 11.2.1.6 This Website may transfer or disclose your
information to any third party that is not a related party of
this Website, for the purpose of completing merger, division,
acquisition or transfer of assets;
- 11.2.1.7 Software certification or management software
upgrade;
- 11.2.1.8 Inviting you to participate in surveys in
connection with the services offered by this Website;
- 11.2.1.9 Data analysis relating to cooperation with
government agencies, public affairs agencies, associations,
etc;
- 11.2.1.10 For all other legal purposes as well as
other purposes authorized by you.
- 11.2.2 This Website will not sell or lend your
personal information to any other person unless your
permission is obtained in advance. This Website also does not
allow any third party to collect, edit, sell or gratuitously
spread your personal information in any manner whatsoever.
11.3 This Website shall keep confidential the
customer identity information and transaction information that
it obtains, and shall not provide any entity or individual with
customer identification information or transaction information,
except where any of the applicable laws, regulations, decrees,
orders, etc., of relevant sovereign states or regions requires
this Website to provide such information.
Calculation All the transaction calculations are
verified by us, and all the calculation methods have been
posted on the Website, but we can not ensure that your use of
this Website will not be disturbed or free from errors.
Export Control You understand and acknowledge that in
accordance with relevant laws of the Hong Kong (China),
you shall not export, re-export, import or transfer any
material (including software) on this Website; therefore, you
hereby undertake that you will not voluntarily commit or assist
or participate in any of the above export or related transfer
or other violations of applicable laws and regulations; if you
uncover any of the aforementioned events, you will report to us
and assist us in handling them.
Transfer The rights and obligations agreed in this
Agreement shall be equally binding on the assignees, the heirs,
executors and administrators of the parties hereto who benefit
from the rights and obligations. Without our consent, you may
not transfer to any third party any of your rights or
obligations hereunder, provided, however, we may, at any time,
assign our rights and obligations under this Agreement to any
third party with thirty (30) days' notice to you.
Severability If any provision of this Agreement is
found unenforceable, invalid or illegal by any court of
competent jurisdiction, validity of the remaining provisions of
this Agreement shall not be affected.
No Agency Nothing in this Agreement shall be deemed
to have created, implied or otherwise treated us as your agent,
trustee or other representative, unless it is provided
otherwise in this Agreement.
Waiver Our or your waiver of the right to hold the
other party liable for breaches of agreement or any other
liability as is agreed upon in this Agreement shall not be
construed or deemed as a waiver of the right to hold the other
party for other breaches of contract; a failure to exercise any
right or remedy shall not be construed in any way as a waiver
of such right or remedy.
Headings All headings herein are exclusively for the
convenience of wording and are not intended to to expand or
limit the content or scope of the terms and conditions of this
Agreement.
Applicable Law This Agreement in its entirety is a
contract concluded under the laws of the Hong Kong (China), and relevant laws of the Hong Kong (China)
shall apply to its establishment, interpretation, content and
enforcement; Any claims or actions arising out of or relating
to the Services agreed in this Agreement shall be governed and
interpreted and enforced in accordance with the laws of the
Hong Kong (China). For the avoidance of doubt, this Clause
shall be expressly applicable to any tort claim against us. The
competent court or forum for any claim or action against us or
in relation to us shall be in the Hong Kong (China). You
have unconditional access to exclusive jurisdiction in court
proceedings and appeals in the courts of the Hong Kong (China). You also unconditionally agree that the venue or
competent court for any dispute or problem relating to this
Agreement or any claim and proceeding arising from this
Agreement shall be exclusively in the Hong Kong (China).
If any other business of this Website is subject to any special
agreement on jurisdiction, such agreement shall prevail. The
Doctrine of Forum Non Conveniens does not apply to the court of
choice under these Terms of Service.
Entry into Force and Interpretation of the Agreement
20.1 This Agreement shall enter into force when you click
through the registration page of this Website, complete the
registration procedures, obtain your account number and
password of this Website, and shall be binding on you and this
Website. 20.2 The ultimate power of interpretation of this
Agreement shall be vested in this Website. Know-your-customers
and Anti-Money Laundering Policies
Preamble
1.1 We ensure that we comply with know-your-customer
and anti-money-laundering laws and regulations, and will not
knowingly violate know-your-customers and anti-money-laundering
policies. To the extent of our reasonable control, we will
adopt necessary measures and technology to provide you with
Services that are safe and secure, so as to protect you against
the loss caused by money laundering to the greatest extent
possible.
1.2 Our know-your-customer and anti-money-laundering
policies are a comprehensive system of international policies,
including the know-your-customer and anti-money-laundering
policies of the jurisdictions to which you are subject to. Our
robust compliance framework ensures that we meet regulatory
requirements and regulatory standards on both the local and
global levels, and ensure the operational sustainability of our
website.
Content of Our Know-Your-Customer and
Anti-Money-Laundering Policies
2.1 We promulgate and update know-your-customers and
anti-money-laundering policies to meet the standards set by
relevant laws and regulations;
2.2 We promulgate and update some of the guidelines
and rules in connection with the operation of this Website, and
our staff will provide you whole-process service in accordance
with the guidelines and rules;
2.3 We design and complete the procedures for
internal monitoring and transaction control, such as rigorous
identity authentication procedures, and form a professional
team responsible for anti-money laundering;
2.4 We adopt risk-prevention-based approach to carry
out due diligence and continuous supervision in connection with
customers;
2.5 Review and regularly inspect existing
transactions;
2.6 To report suspicious transactions to the
competent authorities;
2.7 Proof documents of identity documents, address
certificates and transaction records will be maintained for at
least six(6) years; if they are submitted to the regulatory
authorities, let it be understood that a separate notice will
not be provided to you;
2.8 Credit cards are prohibited throughout the course
of the transaction;
Identity Information and the Verification and
Confirmation Thereof
3.1 Identity Information
-
3.1.1 In accordance with the laws and regulations of
relevant jurisdictions and in light of the nature of entities
concerned, the content of your information as is collected by
us may vary, and in principle, we will collect the following
information of yours if you register as an individual: Basic
personal information: your name, address (and permanent
address, if the two are different), date of birth and
nationality, and other information available. Identity
authentication shall be based on documents issued by the
official or other similar authorities, such as passports,
identity cards or other identity documents as are required
and issued by relevant jurisdictions. The address you provide
will be validated in an appropriate manner, such as checking
the fare ticket of means of transportation you use, your
interest rate bills, or voter register. Valid photo: before
you register, you must provide a photograph showing you
holding your identity document in front of your chest;
Contact information: telephone/mobile phone number and valid
email address.
-
3.1.2 If you are a company or any other type of legal
entity, we will collect the following information of yours to
determine the final beneficiary of your account or your trust
account. Your corporation enrollment and registration
certificates of the company; a copy of the articles of
association and memorandum of the company; the detailed
certification materials of the ownership structure and
ownership description of the company, and the decision of the
board of directors on designating the authorized agent of the
company responsible for the opening and execution of the
account of the company with the website; the identity
documents of the directors, major shareholders of the company
as well as the authorized signatory for the company's account
with the website, as are required to be provided in
accordance with relevant rules; the company's main business
address, and the company's mailing address if it is different
from the main business address of the company. If the local
address of the company is different from its main business
address, the company shall be deemed to be a high-risk
customer, and consequently the company will be required to
provide additional documentation. Other certification
documents, documents issued by competent authorities and
other documents we may deem necessary in light of the laws
and regulations of relevant jurisdictions and in light of the
specific nature of your entity.
- 3.1.3 We only accept English and Chinese versions of
your identity information; if your identity information is not
in either of the two languages, you shall have your identity
information translated into English and duly notarized.
3.2 Confirmation and Verification
- 3.2.1 You are required to provide both the front and
back sides of your identity documents.
- 3.2.2 You are required to provide us with a photograph
showing you holding your identity documents in front of your
chest.
- 3.2.3 Copies of certification documents shall be
checked against the originals thereof. Nonetheless, if a
trusted and suitable certifier person can prove that such
copies are accurate and comprehensive duplicates of the
originals thereof, such copies shall be deemed as acceptable.
Such certifiers include ambassadors, members of the judiciary,
magistrates, etc.
- 3.2.4 The identification the ultimate beneficiary and
controller of the account shall be based on the determination
of which individuals ultimately own or control the direct
customer and/or to determining that the ongoing transaction is
performed by another person. If you are a business enterprise,
the identity of major shareholders thereof (for example, those
holding 10 % or more of the voting equity in such business
enterprise) shall be verified. Generally, a shareholder
holding 25 % of the shares of the company will be deemed as
involving an average level of risk, and the identity of the
shareholder shall be verified; a shareholder holding 10 % or
more of the voting rights or shares is deemed to be involving
a high level of risk, and the identity of the shareholder
shall be verified.
Transaction Supervision
4.1 We constantly set and adjust daily trading and
cash withdrawal limits based on security requirement and actual
state of transactions;
4.2 If the transaction occurs frequently in an
account registered by you or is beyond reasonable
circumstances, our professional team will assess and determine
whether such transaction is suspicious;
4.3 If we identify a specific transaction as
suspicious on the basis of our assessment, we may adopt such
restrictive measures as suspending the transaction or denying
the transaction, and if it is possible, we may even reverse the
transaction as soon as possible, and report to the competent
authorities, without, however, notifying you;
4.4 We reserve the right to reject registration
applications by applicants that do not comply with the
international standards against money laundering or who may be
regarded as political and public figures; we reserve the right
to suspend or terminate a transaction identified as suspicious
based on our own assessment, which, however, does not breach
any of our obligations and duties to you.
