[Preamble]
You (the “User”) are welcome to use [Legal Tender Top-up and Withdrawal Service] (the “Service”). The Service is provided by third-party payment institutions or banks (the “Payment Channels”) connected to Huobi Global (“the Platform”).
In order to use the Service, you shall read and abide by the Legal Tender Top-up and Withdrawal Service Agreement (this “Agreement"). Please read carefully and fully understand the contents of each article, in particular, those on exemption or limitation of liability. Please note that provisions on exemption and limitation of liability are highlighted in bold.
You have no right to use the Service unless you have read and accepted all the terms of this Agreement. By using the Service, you are deemed to have read and agreed to be bound by this Agreement.
- [General Provisions]
1.1 This Agreement is entered into between you, the Platform and the Payment Channels regarding the use of [Legal Tender Top-up and Withdrawal Service].
1.2 This Agreement shall be a supplementary agreement to Huobi APP User Service Agreement (URL: https://huobiapp.zendesk.com/hc/zh-cn/articles /360000201062- Huobi APP the User Service Agreement), User Agreement (URL: https://huobiglobal.zendesk.com/hc/zh-cn/articles/360000298561- User Agreement) (if the URL changes, the content corresponding to the changed URL shall prevail; the foregoing shall apply to other URL changes.) This Agreement is an integral part of and constitutes an integral whole with the above agreements.
This Agreement shall also include all rules, statements, explanations, changes, announcements on abolition and other contents concerning the Service that have been published or may be published in the future by the Platform. The above rules or announcements shall become an integral part of this Agreement once they are officially published, and you shall also abide by them.
Your use of the Service involves the application of different agreements or documents. In case of any inconsistency in content, announcements shall prevail over rules, and rules shall prevail over this Agreement. This Agreement shall prevail over Huobi APP User Service Agreement which shall prevail over the User Agreement. In case of any inconsistency between announcements, the announcement issued later shall prevail. Unless otherwise expressly agreed, the Platform shall have the right of final interpretation of this Agreement.
1.3 You shall confirm that you have full capacity for civil conduct according to law and are legally qualified to sign this Agreement.
1.4 You shall understand that the Service is only available to registered users of the Platform, and unregistered users can only log in and browse the Platform and have access to other services available on the Platform.
- [About the Service]
2.1 Definitions
The Service refers to the legal tender top-up and withdrawal service in some countries or regions provided to the User by the Payment Channels connected to the Platform.
Top-up: The User transfers legal tender through a payment institution to the Platform’s account in the payment institution; upon receipt of legal tender, the Platform will transfer the corresponding legal tender into the User’s account on the Platform, and the User thus completes the top-up of his/her account on the Platform.
Withdrawal: When the User initiates a legal tender withdrawal request, the payment institution will transfer the corresponding legal tender from the Platform’s account to the User’s bank account or e-wallet account, and the User thus completes the withdrawal of assets in his/her account on the Platform.
The specific contents of the Service will be updated, improved, increased or decreased continuously according to the different Payment Channels, and the aforesaid changes shall take effect from the date of announcement or implementation without your consent.
2.2 Preconditions for Using the Service
2.2.1 The User is a registered platform user;
2.2.2 The User has completed authentication according to the authentication level required by the Platform;
2.2.3 The User has completed security verification required by the Platform;
2.2.4 The User has a valid and verified account under his/her name for top-up or withdrawal; and
2.2.5 The User is an acceptable user confirmed by the Payment Channels.
2.3 Citizenship Limitation
The Service is not open to users in mainland China, the United States and other countries or regions. The specific applicable citizenship shall be subject to the final confirmation of the Platform and the Payment Channels.
2.4 Authentication Requirements
Prior to your access to the Service, the Platform or the Payment Channels shall have the right to require you to provide the following information and to complete identity authentication in accordance with relevant rules, including but not limited to:
2.4.1 Name: your name on the ID card, passport and other valid ID documents that you are using;
2.4.2 ID number: the number of your valid ID document;
2.4.3 Mobile phone number: the mobile phone number that you are using;
2.4.4 Address: the address of your usual residence or your valid mailing address;
2.4.5 Photographs of valid documents;
2.4.6 A photo or video of you holding a valid ID document if necessary.
The specific required information shall be subject to the requirements published by the Platform or set forth in procedures at that time.
2.4.7 You understand and agree that the personal information provided by you in using the Service must be complete, true and valid. The Platform or the Payment Channels will only review the writing and form of your personal information. You shall be solely liable for any adverse consequence arising from your failure to provide complete, true and valid personal information in the Platform or the Payment Channels. You shall accurately fill in and keep your contact information up-to-date. You shall be solely liable for any loss or consequence caused to you due to wrong contact information or failure to update contact information in time.
2.5 Anti-money Laundering
2.5.1 To meet regulatory requirements and to protect your assets, the Platform or the Payment Channels will verify your identity information and other documents. If you fail to complete verification as required by the Platform or the Payment Channels, you will not be able to use the Service, and the Platform or the Payment Channels shall have the right to impose restrictions on your account (including but not limited to blocking or deleting relevant services at any time without notice), and suspend, discontinue or even terminate the Service provided to you.
2.5.2 During your use of the Service, you shall make the following anti-money laundering commitments:
2.5.2.1 All of your assets are legal and safe assets of your own. There are no assets related to terrorist financing or money laundering crimes;
2.5.2.2 You shall not use the Platform or the Payment Channels to launder money to cover up the illegal source of your assets and obtain illegal profits; and
2.5.2.3 You shall not use the Service for any illegal and criminal activities such as money laundering and terrorist financing, or provide financial support or disguised assistance for terrorist financing and money laundering.
2.5.3 In case of any suspicious change to your information, the Platform or the Payment Channels shall have the right to re-identify or re-verify your information, and shall, based on re-verification results, decide whether to continue to provide you with the Service or whether to impose restrictions on your account (including but not limited to blocking and deleting relevant services at any time without notice), and suspend, discontinue or even terminate the Service provided to you.
2.5.4 In case of any suspicious transaction or assistant investigation by a judicial authority during your use of the Service, the Platform or the Payment Channels shall have the right to question you immediately in a reasonable manner and to ask you to give a reasonable explanation for the aforesaid situation. If you refuse to give an explanation or fail to give a reasonable explanation, the Platform or the Payment Channels shall have the right to report such suspicious transaction to a regulatory authority or transfer it to a judicial authority.
2.5.5 If the Platform or the Payment Channels have discovered or confirmed that you are involved in illegal and criminal activities such as money laundering and terrorist financing when using the Service, the Platform or the Payment Channels shall have the right to immediately stop providing you with the Service and take measures such as restriction or cancellation of your account, and shall have the right to report the aforesaid suspicious transaction to the a regulatory authority or transfer it to a judicial authority.
2.5.6 For any loss caused to the Platform or the Payment Channels or other third parties due to your violation of this article, you shall be fully liable for compensation and shall bear the corresponding legal consequences independently.
2.6 Service Fee and Taxes
2.6.1 The service fee standard and calculation and collection methods will be announced to you by the Platform or the Payment Channels on the page or in other ways, or shall be subject to a written agreement between you and the Platform or the Payment Channels.
2.6.2 You shall be solely liable for the taxes arising from your use of the Service, and the Platform or the Payment Channels shall not be liable for withholding or paying taxes on your behalf.
2.7 Suspension/Discontinuation/Termination of the Service
The Platform or the Payment Channels shall have the right to suspend, discontinue or terminate the Service provided to you in any of the following circumstances:
2.7.1 You fail to pass identity authentication;
2.7.2 You have violated the law or this Agreement;
2.7.3 As required by law or by regulatory and judicial authorities;
2.7.4 A third party has filed a complaint against you with certain evidence;
2.7.5 The balance of assets in your account is insufficient;
2.7.6 Your account has been marked; or restrictions, such as stopping payment and freezing, have been imposed on your account;
2.7.7 Your trading amount exceeds the limit set by regulatory authorities or financial institutions such as banks;
2.7.8 You are suspected of money laundering, terrorist financing and other illegal trading activities;
2.7.9 You use someone else’s unauthorized account;
2.7.10 You engage in transactions that are inconsistent with what you or the counterparty claims, or that are not true; and
2.7.11 You engage in other activities that may damage the legitimate rights and interests of the Platform or the Payment Channels or third parties.
After termination of the Service by the Platform or the Payment Channels, if asset return is involved, the Platform or the Payment Channels will return the assets (if any) after deducting the corresponding service fee.
2.8 Service Rules
2.8.1 The Service is provided by the Payment Channels connected to the Platform. After you click to enter the payment channel page, you have established an independent right and obligation relationship with the Payment Channels. You and the Payment Channels shall assume all rights and obligations arising from your actions in the payment channels, and shall resolve any disputes and controversies arising therefrom, for which the Platform shall not be liable.
2.8.2 For any loss caused to the Platform or other users or third parties during your use of the Payment Channels to receive the Service, you shall be fully liable for compensation, and the Platform shall have the right to claim compensation directly from you.
2.8.3 The specific rules of the Service will be announced on the page or in the form of reminders during the service application by the Platform or the Payment Channels. The rules shall take effect at the time of publication without your consent or confirmation.
2.8.4 The service rules may be continuously adjusted and changed, and the adjusted or changed service rules shall take effect at the time of publication. If you continue to use the Service, you shall be deemed to have agreed to the adjusted and changed service rules.
- [Your Rights and Obligations]
3.1 You can enjoy the following services:
3.1.1 Choose to use the Service if you meet relevant conditions;
3.1.2 Select the Payment Channels connected to the Platform
3.2 When using the Service, you shall abide by laws, public order, social morality and this Agreement, and shall not affect the normal operation of the Platform or the Payment Channels, or infringe upon the privacy, data security and other legitimate rights and interests of the Platform or the Payment Channels as well as other users.
3.3 The Platform and the Payment Channels respect your personal information and will take necessary and reasonable measures to protect your personal information. The Platform and the Payment Channels will not disclose or reveal your personal information to any third party unless required by law or by relevant departments authorized by law or with your consent.
3.4 You shall keep strictly confidential the technical secrets and trade secrets (“Confidential Information”) of the Platform or the Payment Channels that you learn during the performance of this Agreement, whether during the term of this Agreement or after the termination of this Agreement. You warrant that all the Confidential Information you know about the Platform or the Payment Channels will only be used for the purpose of this Agreement and shall not be used for any other purpose. Without the prior written authorization of the Platform or the Payment Channels, you shall not use the Confidential Information by yourself, or in any way disclose, transfer or grant the Confidential Information to any third party, or license any third party to use the Confidential Information, or exchange the Confidential Information with any third party, or share or otherwise use the Confidential Information with any third party.
3.5 You shall abide by laws and ensure the legitimacy of the source of all assets in your account. You shall not engage in illegal or other activities that damage the rights and interests of the Platform, the Payment Channels or any third party on the Platform or the Payment Channels or by using the Platform or the Payment Channels, including but not limited to sending or receiving any information that is illegal, violates rules or infringes on the rights and interests of others; sending or receiving materials suspected of violating laws or rules or information or speech that is otherwise harmful; and using or forging the email header information of the Platform or the Payment Channels without authorization of the Platform or the Payment Channels.
3.6 You understand and agree that you shall be responsible for all activities (including but not limited to information disclosure, information release, clicking “agree” online, submission of various rules and protocols, online agreement renewal or other services) under your account number and password on the Platform and the Payment Channels.
- [Rights and Obligations of the Platform]
4.1 The Platform shall provide the Payment Channels that provide you with the Service in accordance with this Agreement or the contents published on the Platform.
4.2 The Platform shall provide technical support related to the Service and coordinate the Payment Channels to ensure the normal operation and maintenance of the Service.
4.3 If the Platform finds or receives reports from others that you are in violation of laws or in breach of contract, the Platform shall have the right to verify the relevant information with you, and, if necessary, restrict your account (including but not limited to blocking and deleting relevant services at any time without notice), suspend, discontinue or even terminate the Service provided to you, and transfer the matter to a competent judicial or regulatory authority. The Platform shall not assume any responsibility arising therefrom and shall reserve the right to hold you accountable.
4.4 The Platform shall have the right to charge you relevant service fees according to this Agreement or rules published on the Platform. The specific service fee standard shall be subject to the announcement on the Platform, and the Platform shall reserve the right to unilaterally formulate and adjust the service fee standard.
- [Rights and Obligations of the Payment Channels]
5.1 The Payment Channels shall provide services related to the Service in accordance with this Agreement or the contents published on the Platform.
5.2 The Payment Channels shall provide technical support related to the Service to ensure the normal operation and maintenance of the Service.
5.3 If the Payment Channels find or receive reports from others that you are in violation of laws or in breach of contract, the Payment Channels shall have the right to verify the relevant information with you, and, if necessary, restrict your account (including but not limited to blocking and deleting relevant services at any time without notice), suspend, discontinue or even terminate the Service provided to you, and transfer the matter to a competent judicial or regulatory authority. The Payment Channels shall not assume any responsibility arising therefrom and shall reserve the right to hold you accountable.
5.4 The Payment Channels shall continuously develop and iterate over new versions, or change or limit the effects of some functions without special notice to you or your consent, and the new versions shall take effect from the date of release.
5.5 The Payment Channels shall have the right to charge you relevant service fees according to this Agreement or rules published on the Platform. The specific service fee standard shall be subject to the announcement on the Platform, and the Payment Channels shall reserve the right to unilaterally formulate and adjust the service fee standard.
- [Change, Suspension or Termination of the Service]
The Platform shall reserve the right to change, modify, discontinue, suspend or terminate the Service at any time and shall not be liable for any loss thus caused to you.
- [Exceptions]
You understand and agree that the Service is provided by the Payment Channels connected to the Platform; the Platform shall not provide any guarantee for any information, product or business of the Payment Channels, and you shall decide whether to use the Service provided by the Payment Channels at your sole discretion and assume all responsibilities arising therefrom. The Platform shall not be liable for your actions in the Payment Channels.
7.2 You understand and agree that under no circumstances shall the Platform and the Payment Channels be liable for:
7.2.1 Loss of income;
7.2.2 Loss of trading profits or contracts;
7.2.3 Loss caused by business interruption;
7.2.4 Loss of expected savings in currency;
7.2.5 Loss caused by information issues;
7.2.6 Loss of opportunities, goodwill, or reputation;
7.2.7 Damage or loss of data;
7.2.8 Cost of purchasing an alternative product or service; and
7.2.9 Any indirect, special or incidental loss or damage arising from infringement (including negligence), breach of contract or any other cause, whether or not such loss or damage could reasonably have been foreseen by the Platform or the Payment Channels and whether or not the Platform or the Payment Channels have been informed in advance of the possibility of such loss or damage.
Articles 7.2.1 through 7.1.9 are independent of each other.
7.3 You understand and agree that the Platform and the Payment Channels shall not be liable for any damage caused to you by any of the following circumstances:
7.3.1 Your specific transaction may be materially illegal or in breach of contract;
7.3.2 Your use of the Service is suspected to be illegal;
7.3.3 Expenses and losses arising from the purchase or acquisition of any data, information or transaction through the Service or substitution thereof;
7.3.4 Your misunderstanding of the Service;
7.3.5 Other losses in connection with the Service not attributable to the Platform and the Payment Channels;
7.4 The warranties and commitments of the Platform set forth herein are the sole warranties and representations of the Platform with respect to the Agreement and the services provided by the Website, and shall supersede any other warranties and commitments, whether written or oral, express or implied, generated by any other means or ways. All of these warranties and representations represent only the Platform’s own commitments and warranties, and provide no guarantee that any third party will comply with the warranties and commitments herein.
7.5 The Platform does not waive any right not mentioned herein to limit, release or offset the Platform’s liability for damages to the maximum extent permitted by law.
7.6 The Platform or the Payment Channels may provide any of your information (including but not limited to identity and transaction information) for a competent authority in accordance with applicable laws or upon the request of the competent authority, and shall not be liable for any consequences arising from the provision of such information.
7.7 In order to comply with changes in laws or regulations or to maintain the overall health of the market, the Platform or the Payment Channels will, at its sole discretion, change policies or rules or implement emergency rules from time to time. Such changes or implementation may temporarily render your account inaccessible to the Service or disrupt other services. The Platform or the Payment Channels shall not assume any responsibility for your loss.
7.8 If your account is frozen, closed or deducted by an appropriate authority due to reasons not attributable to the Platform and the Payment Channels, the Platform and the Payment Channels shall have the right to be exempted from liability and shall not be liable for compensation.
7.9 You understand and agree that, in order to provide you with better services, the Platform or the Payment Channels shall have the right to overhaul, maintain and upgrade the platform or related equipment providing the Service at regular or irregular intervals. The Platform or the Payment Channels shall not be liable for any interruption or suspension of relevant services within a reasonable period of time as a result thereof.
7.10 You understand and agree that the Platform or Payment Channels shall not be liable for any interruption or disruption of services due to any of the following circumstances:
7.10.1 Your computer software, systems, hardware and communication lines have failed;
7.10.2 You operate properly;
7.10.3 You use the Service in a way that is not authorized by the Platform or the Payment Channels; and
7.10.4 Other circumstances beyond the control or reasonable expectation of the Platform and the Payment Channels
7.11 You understand and agree that the Platform and the Payment Channels shall not be liable for any of the following circumstances:
7.11.1 Loss of income due to inability to use other services simultaneously due to your use of the Service, i.e. loss of expected income due to the purchase of an alternative product or service;
7.11.2 Difference in market prices of digital assets themselves after your use of the Service
7.11.3 Loss of expected benefits due to your use of the Service;
7.11.4 Loss of opportunities, goodwill, or reputation;
7.11.5 Any indirect, special or incidental loss or damage arising from infringement (including negligence) upon other parties or third parties, breach of contract or any other cause involving the Service, whether or not such loss or damage could reasonably have been foreseen by the Platform or the Payment Channels and whether or not the Platform or the Payment Channels have been informed in advance of the possibility of such loss or damage.
- [Special Provisions]
8.1 You fully understand and agree that you must be responsible for all actions under your registered account.
8.2 You shall properly use and keep your account and login password, capital password, mobile phone number bound to your registration, and mobile phone verification code received by your mobile phone. You shall be fully responsible for any actions and consequences caused by using your account and login password, capital password and mobile phone verification code. When you find your platform account, login password, capital password or verification code is used by a third party without your authorization, or when there are other account security issues, you shall notify the Platform and the Payment Channels immediately and effectively, and the Platform and the Payment Channels shall have the right to take action on your request within a reasonable time, provided that the Platform or the Payment Channels shall not be liable for any consequences (including, but not limited to, any of your losses) that may have occurred prior to such action.
8.3 You shall not give, lend, rent, transfer or otherwise dispose of your account to others without the consent of the Platform or the Payment Channels.
8.4 You shall make your own judgment on the information you have access to while using the Service and shall bear all risks arising from the use of such information, including risks arising from reliance on the correctness, completeness or usefulness of such information. The Platform cannot and will not be liable for any loss or damage caused to you as a result of the foregoing risks.
8.5 You shall settle and be solely liable for any disputes you may have with other users or any third parties arising from your use of the Service.
- [Intellectual Property Rights]
9.1 All intellectual achievements contained in the Service include, but are not limited to, platform logo, database, website design, text and charts, software, photos, videos, music, sounds and combinations thereof. The intellectual property rights of software compilation, related source codes and software (including applets and scripts) shall belong to the Platform or the Payment Channels. You shall not reproduce, alter, copy, send or use any of the foregoing materials or content for commercial purposes.
9.2 All rights (including but not limited to goodwill, trademarks and marks) contained in names of the Service shall be owned by the Platform or the Payment Channels.
9.3 You shall not illegally use or dispose of the intellectual property rights of the Platform or the Payment Channels during your use of the Service. You shall not publish or authorize any other website (and media) to use the information published on the Platform or the Payment Channels in any form.
9.4 Your use of the Service shall not constitute a transfer of any intellectual property right from the Platform or the Payment Channels to you.
- [Risk Warning]
10.1 Assumption of risks. Your acceptance of the Service is solely a voluntary transaction made by you in accordance with your own financial situation after you understand the relevant risks you face. You acknowledge and agree that you shall bear all the risks or losses that may arise from your use of the Service which have nothing to do with the Platform, the Payment Channels or any third party.
10.2 Suitable subject. The Service is only suitable for subjects that have rich experience in digital assets trading or can fully understand all risks related to digital assets trading and can bear losses of part or all of the assets due to trading errors.
10.3 Risks involved in the Service include, but are not limited to:
10.3.1 Risk of price fluctuations: Affected by a variety of factors, prices of digital assets fluctuate sharply and may suffer large losses and cannot be effectively controlled. You must bear all losses and risks arising therefrom.
10.3.2 Trading risk: You shall understand that the Service is characterized by high risk, which may cause large losses; the order you are submitting is irrevocable upon submitted and you must accept the risks that may come with this approach.
10.3.3 Risk of policy regulation: The Service may be subject to policy regulation within certain jurisdictions. You shall make a careful judgment before trading based on your understanding of the policy regulation background in the place of trading.
10.3.4 Other possible risks include but are not limited to losses arising from changes in service content, withdrawal of orders, early delivery and settlement, and other treatment measures.
10.3.5 The above risks are for illustrative purposes only and do not include all the risk factors of the Service. You shall also carefully understand and grasp other possible risk factors before using the Service
10.3.6 The Platform and the Payment Channels do not guarantee your profits and do not share profits or risks with you.
- [Applicable Law]
The entire content of this Agreement is made in accordance with the laws of the Republic of Seychelles, and its establishment, interpretation, content and execution shall be governed by the relevant laws of the Republic of Seychelles. Any claim or lawsuit arising in connection with the services agreed herein shall be governed by, construed and enforced in accordance with the laws of the Republic of Seychelles.
- [Miscellaneous]
12.1 The headings of all the provisions herein are for convenience only and have no practical meaning in themselves and shall not be used as a basis for interpretation of this Agreement.
12.2 If any provision of this Agreement is held by any competent authority to be unenforceable, invalid or illegal, the validity of the remaining provisions hereof shall not be affected.
12.3 The Platform shall reserve the right of final interpretation of this Agreement.