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User Agreement

HashKey Xpert
  • Updated

 User Agreement

Last update: 24/05/2021

 

Important Notice

  • This User Agreement (hereinafter referred to as the “Agreement”) is made by HashKey XPert Limited and its affiliates (hereinafter referred to as “XPert Company” or “we” or “our” or “us”) to the User (including any authorized users under the same user account, collectively referred to hereinafter as “you” or “your”) setting out the rules and disclaimers in relation to accessing to our website and any of the pages and using relevant products and services.
  • We hereby remind you to read each clause of this Agreement carefully, including those exemption clauses that exempt or restrict the lability of any XPert Company and the restrictions on the User’s rights. Unless you have accepted the clauses of this Agreement, you have no right to use the product(s) or service(s) under this
  • By clicking on an “I Agree” (or similar) button, or accessing or using this platform and/or relevant products and services, you shall be deemed as accepting and agreeing to be legally bound by each clause of this
  • This Agreement shall be read in conjunction with (and subject to) any other agreement between yourself and us where applicable and any additional terms and conditions that apply at the relevant time. To the extent of any inconsistency with this Agreement, the terms of any specific product, service or transaction apply to that product, service or transaction and any matters connected with it.

 

  1. Definitions
    • In this Agreement,
      1. “HashKey XPert” (or referred to hereinafter as “platform” or “this platform”) refers to an electronic web-based platform created and operated by XPert Company for interacting with its clients, which currently provides following services in relation to XPert Company: (a) a client services portal for information collection, identity verification, balance checking, general communication and account management; (b) a balance checking service which enable users to track and manage balances; (c) a digital assets custodian service platform; (d) provision of any other services of XPert Company from time to time. Its official domain name is “xpert.hashkey.com”.
      2. “Agreement” means this User Agreement and any applicable appendices and /or other documents or relative amendments designated by us from time to time.
      3. “Company” means XPert Company and its subsidiaries and affiliated companies that control, are controlled, and/or under common control of “Company Member” shall be construed accordingly.
      4. “Hong Kong” means the Hong Kong special administrative region of the People's Republic of China.
      5. “Regulatory Rules” means the regulations, or any other laws, bylaws, ordinances, directives, notices, and regulatory guidance released by any applicable regulatory body of any applicable jurisdiction from time to time.
      6. “Laws” means various laws, cases, bylaws, ordinances, directives, notices and regulatory guidance currently in force in Hong Kong or any other relevant countries or areas.
    • In this Agreement,
      1. The singular includes the plural and vice versa.
      2. A reference to any gender includes other gender and any person includes any natural person, legal person, and corporation.
      3. Once discretion right is awarded to XPert Company or any Company Member, such discretion right shall be absolute. In the event of any discretion is exercised, XPert Company and any Company Member shall bear no liabilities (of whatever nature) towards any User or any other person, to the extent permissible under Laws; and XPert Company or any Company Member has no obligation to explain for its action, inaction, or decision unless otherwise provided.
      4. The headings in this Agreement are for reference only and shall not affect the interpretation of this Agreement.
      5. Any reference to Laws, articles of Laws, or Regulatory Rules shall include its amendment, substitute, revision, extension, or newly enacted copy which may from time to time enter into force.
      6. If there is any conflict between the clauses of this Agreement and any Laws, the latter shall prevail. To comply with Laws, XPert Company shall take or refuse to take any action or shall require a User to take or not to take any action at its sole discretion. All action taken by XPert Company according to Laws shall be binding upon Users.
  1. General
    • All rights of the relevant product involved with HashKey XPert, including without limitation its ownership, intellectual property rights, etc., shall belong to XPert Company. Any products and services provided by XPert Company shall be performed according to this Agreement as well as the specific agreements, terms of service and operational rules entered into with or released by XPert Company from time to time. In using the products and services provided by this platform, User shall be bound by this Agreement as well as the specific agreements, terms of service and operational rules relating to the product and services and the corresponding user’s agreement of third-party software and services (if any) and by the latest versions of the foregoing (collectively the “Service Terms”).
    • Once User has successfully registered or accessed HashKey XPert, this Agreement shall forthwith become effective, which denotes that the User has voluntarily accepted the terms of this Agreement and all provisions of other Service Terms released by XPert Company from time to time.
    • Unless otherwise specified: (a) the ownership and the operating rights of this platform and the right to release and revise any rules of this platform shall all belong to XPert Company; (b) the rights and obligations that this platform has towards its Users shall be enjoyed or undertaken by XPert Company; (c) XPert Company also has the right to supervise, remind and check all online activities of the Users; (d) in the event that any behaviour of the User violates any Laws or this Agreement, XPert Company shall be entitled to require the User to correct and reserve the right to pursue such User’s liability.
    • When User uses a specific service of this platform, there may be some separate Service Terms or user agreement to regulate such specific service; and User should further understand and acknowledge these terms and agreements before using such services. The use of any specific service by the User shall be regarded that the User has fully read and accepted the separate Service Term or the user agreement and of any other announcements released by XPert Company for such service (if any).
  2. Risk Disclosure
    • Users shall carefully and rationally choose to hold or dispose of any digital assets according to their financial status and risk preference. Services rendered on this platform in relation to digital assets can be subject to substantial risks, including without limitation:
      1. The legal status of certain digital assets may be uncertain, which means that the legality of holding or trading them may be uncertain. Whether and how one or more digital assets constitute property, or assets, or rights of any kind may also seem unclear. Users are responsible for knowing and understanding how digital assets will be addressed, regulated and taxed under applicable law. Users are solely responsible for any loss arising from the suspension or prohibition of digital assets trading due to the promulgation of or amendment to Laws or Regulatory Rules.
      2. Having digital assets on deposit with us or with any third party in a custodial relationship (including this platform) faces certain risks including risk of hacking or security breaches, risk of contractual breach and risk of losses. Users should be wary of allowing any third party to hold or otherwise manage their digital assets for any reason.
      3. The price of digital assets and the income from them (if applicable) can be volatile and highly unpredictable and any individual digital assets may experience upward or downward movements and may even become valueless. There is an inherent risk that losses may be incurred rather than profit made as a result of buying and selling such digital assets.
      4. Where off-exchange transactions are involved, such transactions may involve increased risks since it may be difficult to liquidate an existing position, determine a fair price or assess exposure to risk. Off-exchange transactions are not as transparent as transactions conducted on any recognised exchange. You may be subject to our counterparty risk under an off-exchange transaction. You should evaluate the comparative credit risk and undertake appropriate due diligence on both us and the applicable product before undertaking any off-exchange transaction. 
      5. Conflicts of interest: We or other digital asset trading service providers may be acting as agents for you as well as acting as principals against you. We or other relevant service providers may facilitate the initial distribution of digital assets (such as, initial coin offerings), secondary market trading, or both, in manners similar to a traditional exchange, alternative trading system or securities broker. If these operations are not under the purview of any regulator, it would be difficult to detect, monitor and manage conflicts of interest. 
    • The market information shown on this platform is only sourced from third parties, and it may not be the latest market or the best quotation. Any opinions, messages, discussions, analysis, prices, suggestions and other information on this platform are general comments and shall not constitute any investment suggestions. We shall not be liable for any losses arising from such information directly or indirectly, including but not limited to any loss of profits.
    • The contents of this platform may be amended at any time without notifying the User separately. We will undertake reasonable measures to ensure the accuracy of website information but could not guarantee the accuracy of such website information, and shall not be responsible for any losses directly or indirectly arising from the information of this platform, or the failure to connect to Internet, or the delay or failure in transmitting or receiving any notification or information.
    • Risks are involved in using Internet-based trading system including but not limited to the failure of software, hardware and Internet connection. As we cannot control the reliability and availability of Internet, we shall not be liable for any relevant malfunction, distortion, delay and connection failure.
    • It is strictly prohibited to use this platform for any illegal activity such as money laundering, smuggling, commercial bribery and other illegal activities. Once such events are discovered, we shall have the right to adopt any available means including but not limited to restriction/termination of service, freezing the account and notifying relevant authorities. We shall assume no responsibilities arising thereof and shall reserve the right to take actions against relevant personnel for liabilities.
  3. User Eligibility
    • The products and/or services of this platform may not have been registered or qualified under the securities laws of any jurisdiction anywhere in the world. They are being offered only in jurisdictions where such registration or qualification is not required, including pursuant to applicable exemptions that generally limit the users who are eligible to subscribe for such products and services. No action has been taken to permit the offer, sale, promotion or distribution of the platform or any related products and/or services in any jurisdiction where action for that purpose is required. Prospective users are required to inform themselves about, and to observe any restrictions relating to, the platform or any related products and/or services in their respective jurisdictions. You are not allowed to access or use our services or the platform if you are located, incorporated or otherwise established in, or a citizen or resident of: (i) the United States of America, the province of Québec in Canada, the People’s Republic of China, the Republic of Seychelles, Bermuda, Cuba, Crimea and Sevastopol, Iran, Syria, North Korea or Sudan; (ii) any state, country or other jurisdiction that is embargoed by the United States of America; (iii) a jurisdiction where it would be illegal according to applicable law for you (by reason of your nationality, domicile, citizenship, residence or otherwise) to access or use the services or the platform; or (iv) where the publication or availability of the services or the platform is prohibited or contrary to local law or regulation, or could subject any member of the XPert Company to any local registration or licensing requirements (together, the “Restricted Jurisdictions”). We may, in our sole discretion, implement controls to restrict access to the services or the platform in any of the Restricted Jurisdictions. If we determine that you are accessing the services or the platform from any Restricted Jurisdiction, or have given false representations as to your location of incorporation, establishment, citizenship or place of residence, we reserve the right to close any of your accounts immediately and liquidate any open positions. The User shall represent and warrant that he/it: (i) does not come from the above countries or regions, (ii) is not located in, under the control of, or a citizen or resident of the Restricted Jurisdictions. Persons from the Restricted Jurisdictions are not allowed to use this platform, and such restriction shall apply to citizens or residents of other countries located in the Restricted Jurisdictions as well. This platform may be accessed in the Restricted Jurisdictions, or may display official languages of the Restricted Jurisdictions, but this cannot be regarded as any User having obtained permission to use our products and services in such Restricted Jurisdictions. Any attempts to bypass restrictions, such as covering or changing their true location by using a virtual private network, proxy, or similar service, or otherwise providing false or misleading information about their identity, address, or residential address, or through the use of our products and services by third parties and the use of our products and services on behalf of third parties in the Restricted Jurisdictions is a violation of this Agreement. If this is true, or if we have reasonable grounds to suspect that the User is from the Restricted Jurisdictions, we reserve the right to close the User’s account or restrict the User’s access in accordance with relevant Laws and Regulatory Rules without prior notice.
    • The User represents and warrants that he/it: (i) (if a natural person) is of legal age to form a binding contract (at least 18 years old); or (if a corporate entity) is duly incorporated and validly existing in its jurisdiction, and have full civil power and authority to enter into binding agreements, to accept this Agreement and to trade using this platform and in doing so he/it will not violate any other agreement to which he/it is a party; (ii) all information provided by the User to us (including but not limited to the User’s name, mobile phone number, and email address) is true, accurate, and complete; (iii) User’s use of this platform will fully comply with all applicable Laws and Regulatory Rules and will not be used for illegal or immoral purposes; (iv) the User’s registration, access or use of this platform must comply with the certification requirements of the legal entity represented by the User, any other contract obligations and restrictions undertaken by such legal entity, and related laws and regulations, and shall not infringe or harm the rights of any other person; (v) all digital assets of the User in his/its account in this platform are legally owned by the User, and all transactions initiated by his/its account in this platform are initiated by the User; and (vi) the User agrees to abide by all Laws and Regulatory Rules in his/its jurisdiction including but not limited to, reporting transactions or tax profits.
  4. User Information
    • If you intend to use certain designated products and services provided by the platform, you will be required to complete the registration process and you must provide any requested information to us including without limitation your personal information. If you fail to provide your personal information or the personal information you provided is untrue, inaccurate, or incomplete, we may not allow you to use the complete services or products or complete the registration process. When you click the “registration” button or have provided such requested information, you shall be deemed to agree with all contents of this Agreement and the Service Terms and be legally bound.
    • We reserve the right to cancel the User’s qualification as a User if any of the following circumstances take place during the registration:
      1. Providing any misleading or false information or failing to provide any information as reasonably requested by us;
      2. Registering with any uncivilised or unhealthy word or any word containing discrimination, humiliation, obscenity or any other similar meaning;
      3. Registering with any content causing ambiguity or misunderstanding or any other content violating laws, regulations, or public morals or infringing the right of any third party;
      4. Other situations determined by us.
    • When a User creates an account on this platform, he/it agrees to: (i) create a strong password that he/it does not use for any other website or online service; (ii) provide authentic, accurate and complete information; (iii) maintain and promptly update his/its account information; (iv) be solely responsible for and maintain the security of his/its account by protecting his/its password and restricting access to his/its account; (v) promptly notify us if he/it discovers or otherwise suspects any security breaches related to his/its account; and (vi) take responsibility for all activities that occur under his/its account and accept all risks of loss arising from any authorised or unauthorised access to his/its account, to the maximum extent permitted by law.
    • When you successfully register or you practically use the product(s) or service(s) by any other methods permitted by us, you will be given all rights and limitations designated by us to the Users; if any specific circumstance prescribed in this Agreement takes place, we have the right to alter the rights and limitations of the Users. The ownership of the User’s account and any virtual items contained in the account (including but not limited to software, technology, data, code, User’s operation interface, etc., but excluding the digital assets and content of any uploads, storage, or shares by the User) belong to HashKey XPert.

 

  1. User Rules
    • Where applicable, Users can manage his/its digital assets by the deposit and withdrawal functions provided by the platform, and the actual deposit or withdrawal behaviour occurs in the relevant blockchain system. The daily withdrawal limit for Users in the services of the platform may vary due to our imposed risk limits or regulatory requirements of the country/region in which Users use the transfer service, the purpose of transfer, the risk control of the platform, identity verification or other matters. Users may be required to use one or more security verification methods including without limitation mobile phone verification, email verification and Google authenticator when despositing or withdrawing digital assets according to different products and services; Users shall be responsible to safe-keep and backup their authenticatication keys themselves.
    • The right to use User’s account belongs to the initial registrant, which is forbidden from being donated, borrowed, rent, transferred, or sold in any method. The deposit, withdrawl or other operation based on User’s account shall be regarded as being operated by himself/itself and represent his/its true meaning; the platform shall not be responsible for any consequences resulting from those operations.
    • After the User successfully complete his/its account registration in the platform, one or several corresponding blockchain account addresses (“Digital Assets Wallet”), which will be used for the User to deposit digital assets to the platform from his/its external account, We are not responsible for any external account fees or for the management and security of any external account. The User is solely responsible for his/its use of any external account. The timing associated with a deposit transaction will depend partially upon the performance of third parties responsible for maintaining the applicable external account, and we make no guarantee regarding the amount of time it may take to deposit digital assets into the platform. In order to withdraw the User’s deposited digital assets from the platform to his/its external accounts, the User must meet the requirements of this platform for withdrawal and must pay the corresponding fees and shall authorize this platform to deduct any applicable fees. Under no circumstances should you attempt to use your Digital Assets Wallet with us to store, send, request, or receive digital assets in any form that we do not support. We assume no responsibility or liability in connection with any attempt to use your Digital Assets Wallet for digital assets that we do not support. You acknowledge and agree that we bear no responsibility and is not liable for any unsupported asset that is sent to a wallet associated with your account.
    • All Digital Assets held in your Digital Assets Wallet are assets held by the XPert Company for your benefit on a custodial basis. Among other things, this means:

(A) As the owner of Digital Assets in your Digital Assets Wallet, you shall bear all risk of loss of such Digital Assets. No company within the XPert Company shall have any liability for fluctuations in the fiat currency value of Digital Assets held in your Digital Assets Wallet.

(B) You control the Digital Assets held in your Digital Assets Wallet. At any time, subject to outages, downtime, and other applicable policies, you may withdraw your Digital Assets by sending it to a different blockchain address controlled by you or a third party.

(C) In order to more securely hold customer Digital Assets, the XPert Company may use shared blockchain addresses, controlled by a member of the XPert Company, to hold Digital Assets held on behalf of customers and/or held on behalf of HashKey XPert. Customers’ Digital Assets is segregated from the XPert Company’s own Digital Assets or funds by way of separate ledger accounting entries for customer and XPert Company accounts.

Notwithstanding the foregoing, the XPert Company shall not have any obligation to use different blockchain addresses to store Digital Assets owned by you and Digital Assets owned by other customers or by the XPert Company. We are under no obligation to issue any replacement Digital Assets in the event that any Digital Assets, password or private key is lost, stolen, malfunctioning, destroyed or otherwise inaccessible.

  • When the User requests for deposit or withdrawal, the User is deemed to authorise us to execute such transaction and deduct relevant fees therefrom; once the request is executed, the User cannot change or cancel the previous authorization for us to complete this request. Unless otherwise agreed in this Agreement or the Terms of Service, all deposit and withdrawal services that have been completed through this platform are not changeable. If our services encountered an error during processing the request or other circumstances, we reserve the right to correct errors and/or cancel related transactions.
  • Users agree to accept all the risks that may arise when sending their digital assets to certain accounts. As the operation in blockchain is irreversible, after sending the User’s digital assets to an account, the User will bear the risk of permanently losing the access to such digital assets; Users must be responsible for the designated receiving account. If the User deposits any kind of digital assets that does not appear on deposit page into this platform, we may not be able to return the asset. Users should ensure that digital assets are only deposited into the corresponding account address displayed on their deposit page. If the User withdraws certain digital assets from the platform to a third party but the third party returns those assets to which those assets were sent from, the User also loses access to those assets.
  • We have rights to charge certain fees from Users with regard to any products and services provided, and the detailed rules will be published on our official website. We are entitled to change the fee rate from time to time. The change of rate comes into effect from the effective date when we publish the new rate, and we will apply the new rate to the subsequent operations.
  • We will take reasonable technical measures to ensure the good operation and safety of the platform and/or any related products and services. Users shall not utilise any products or services of the platform to deceive or cheat any other person, or to engage in any illegal activities; and Users shall also not interfere with the operation of the platform or the use of the platform by other Users by technical or any other means, or not use or attempt to use other User’s account without his/its authority. Users shall ensure that their use of the products and services would not violate any laws, regulations or relative bylaws or infringe the rights of any third party; we shall not be responsible for any consequences resulting therefrom.
  • Any other software deriving from the software of this platform shall be illegal unless developed and officially released by us or with our authorisation. Downloading, installing, or using such software may cause unknown risks; we shall bear no responsibility for any legal liabilities and disputes arising therefrom. Users shall not download, install, or use those foregoing software, otherwise we have the right to unilaterally terminate the using qualification of the User without prior notice. The User also shall not use any automated means or interface not provided by us to access the platform or to extract data, and also shall not attempt to circumvent any content filtering techniques we employ or to access any service or area of the services that Users are not authorised to access.
  • Users warrant that they shall not use the contents of any materials received from HashKey XPert without the due authorisation of XPert Company and/or other relevant persons, and not to copy, or recreate the contents of HashKey XPert, or create any derivatives related to the contents of HashKey XPert without authorisation. Users shall respect the intellectual property rights and other legal rights of XPert Company and any third party, and shall endeavour to protect XPert Company and its shareholders, employees, and business partners from any losses or impacts caused by any infringement of the forgoing rights; when any User infringe any legal rights of XPert Company, we reserve our rights to stop providing services for such User, not to refund, and to pursue all the legal responsibilities.
  • It is the User’s responsibility to calculate, verify, and pay all taxes and taxation (“Taxes”) arising from the trade, use, consumption, export and import, value-adding, withholding and other behaviours in relation to this platform. The User agrees that we are not responsible for determining whether taxes apply to the User’s trades or for collecting, reporting, withholding or remitting any taxes arising from any trades, and we are not responsible for reporting any information relating to the User or any taxing authorities, governmental organisations, or the third party. The User agrees to indemnify XPert Company and XPert Company’s affiliates for all fines, penalties, similar fees, or other expenses resulting from the User’s failure to pay taxes or report related transactions.
  • Users agree that we have the right to suspend, interrupt or terminate the provision of all or part of our services because of the requirements of a judicial or regulatory agency or our own business reasons.
  • The User shall comply with the provisions of laws, rules, regulations, normative documents and policy regulations, and shall guarantee the legality of the sources of all his relevant digital assets. The User shall not engage in any illegal activity or other activities infringing the rights and interests of us or any third party on the platform or when using our services, such as sending any information which may breach laws, rules, public order and good customs, and others’ rights and interests, sending multi-level marketing materials or other hazardous information or comments, and using or counterfeiting the email title information of us without our authorisation.
  • otherwise we have the right to take any action including unilaterially cancel the User’s account and stop providing services immediately without the User’s consent, and any losses therefrom shall be borne by the User.
  • Users shall not utilise the products and services provided by the platform to engage in money laundering, or any other illegal activities, and shall have the obligation to cooperate with related investigations. If the User refuse to cooperate with the investigation or the platform considers that he/it may involve in money laundry or any other illegal activities, cheating, breach of good faith, or violating the clauses of this Agreement, we have the right to take one or more measures as follows:
    1. to suspend or terminate the services under this Agreement without prior notice;
    2. to terminate this Agreement;
    3. to cancel the User’s account without notice; and/or
    4. to require the User assume responsibility for any losses suffering by the platform arising from he/it.
  • XPert Company has the right to enact or amend the rules of this platform in its sole discretion, and detailed content and rules relating to its technical service and the coming new program or activities on the platform shall be published on our website. In the use of our service, if you fail or your counterparty fails to follow the instructions under these terms or on the related websites, or the operation tips and rules in the transaction pages, we have the right to refuse to provide you and/or your counterparty with such service, and we are exempted from any liability for damages.
  1. Legal Liability and Disclaimer
    • We will endeavor to maintain all the products and services provided by us but we do not guarantee the security and convenience of such products and services. To the maximum extent permitted by Laws, we will not be liable for any failure to delete or store any information (including without limitation information released/stored by the User, account address, quantity of digital assets, and information data) relevant to our services.
    • If using the products and services provided by us involves Internet services, such use may be affected by factors of instability in various sectors. There existing those risks such as interruption of the use, failure to meet the requirement of the User, or losses of Users’ digital assets as a result of force majeure (including without limitation war, earthquake, lightning strikes, floods, fires, government actions, technical control by telecom departments), computer virus, hacking, system instability, location of the User, shutdown of computers, and any Internet, technical and communications lines; Users shall understand those foregoing risks and bear all the losses therefrom himself/itself while we will not assume any responsibilities.
    • If the User suffers any losses as a result of the third parties reason, such as breakdown of any third party’s (such as the telecom operators’) communication lines, technical issues, networks, computer failures, computer virus, hacking, system instability, or any other force majeure (including without limitation war, earthquake, lightning strikes, floods, fires, government actions, technical control by telecom departments), we will not be responsible for such losses.
    • We take reasonable measures but do not make any explicit or implicit guarantee for the use of our services by the Users, including but not limited to the applicability, free of error or omission status, sustainability, accuracy, reliability, and being suitable for a certain purpose of the services. Meanwhile, we do not make any representation and guarantee on the validity, accuracy, correctness, reliability, quality, stability, completeness and timeliness of the technologies and information involved in the services. It is the User’s personal decision to access or use the services and the User shall solely bear all risks and any possible losses.
    • Information provided by the User being untrue or not updated in time may give rise to a failure in performance of the obligations by the platform to the User according to this Agreement, and all legal consequences arising therefrom (including any losses of the User or the platform or any third party during the User’s use of the products or services provided) shall be solely borne by the User while we shall not be held liable for such consequences.
    • If any breach by the User of any provision of this Agreement or the relevant Service Terms results in or causes this platform or its partners or its affiliates being claimed by any third party for any claims, demands or losses (including reasonable costs of litigation and attorneys’ fees), the User shall indemnify XPert Company, HashKey XPert or its partners or its affiliates for all losses relating to the liabilities arising therefrom.
    • If required by laws and regulations or in cooperating with regulatory investigation, or in the event that any User’s infringement of other User’s right or the right of any third party or any other wrongdoings may result in the platform being sued, we may in our sole discretion provide the User’s information to the court at the request of the court or the law enforcement agency without the User’s prior consent or any notice to the User.
    • The User hereby undertake to indemnify and hold the platform and its partners and its affiliates harmless against any or all direct or indirect losses, damages (including, without limitation, fines and penalties imposed by any government or court and any tangible and intangible damages), fees or expenses (including without limitation legal and other professional’ costs) arising from any violation of this Agreement or any Service Terms by the User, irrespective of when such losses, damages, fees or costs occur and whether such losses, damages, fees or expenses are based on any claims brought by any third party or resulting from any other forms.
    • XPert Company is not responsible for the content and data provided by the connected third party website of this platform, and Users are required to comply with the terms of use of such site and are solely responsible for the use of these sites and all the risks.
    • Our guarantees and representations in this Agreement (or the applicable terms of the relevant product or service) are the only guarantee and representation made by us for the products and services provided by us. They shall replace any and all other guarantees and representations (whether written or oral, or whether explicit or implicit) made by us. All these guarantees and representations only represent our own guarantees and representation, and we do not guarantee that any third party will observe the guarantees and representations herein.
    • To the extent permitted by law, we do not waive any rights that are not mentioned herein to restrict or neutralise our liability or exempt us from liability for damage.
    • No Warranties. The services on this platofrm are provided on an "as is" and "as available" basis, with no further promises made by us around availability of the HashKey XPert services. Specifically, we do not give any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement. We do not make any promises that access to our website, any of the HashKey XPert services, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free. We make no representations about the accuracy, order, timeliness or completeness of historical Digital Assets price data available on our website. Any materials, information, view, opinion, projection or estimate presented via our website is made available by HashKey XPert for informational purposes only, and is subject to change without notice. You must make your own assessment of the relevance, timeliness, accuracy, adequacy, commercial value, completeness and reliability of the materials, information, view opinion, projection or estimate provided on our website and/or our website. Accordingly, no warranty whatsoever is given by HashKey XPert and no liability whatsoever is accepted by HashKey XPert for any loss arising whether directly or indirectly as a result of you acting on any materials, information, view, opinion, projection or estimate provided in or made available through our website and/or our website. The HashKey XPert services, HashKey XPert and our website are not intended to provide specific investment, tax or legal advice or to make any recommendations about the suitability of any investments or products for any particular investor. You should seek your own independent financial, legal, regulatory, tax or other advice before making an investment in the investments or products. In the event that you choose not to seek advice from a relevant adviser, you should consider whether the investment or product is suitable for you. HashKey XPert makes no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control. We will make reasonable efforts to ensure that requests for blockchain transfers, are processed in a timely manner, but we make no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control. Except for the express statements set forth in this Agreement, you hereby acknowledge and agree that you have not relied upon any other statement or understanding, whether written or oral, with respect to your use and access of the HashKey XPert services and website.
  2. Third-Party Content and Services
    • We only provide Users with relevant information on third-party content and services. When you access the content or services provided by any third party through this platform, we will not be responsible for your reliance or use of such third-party content or services or your relationship with such third party. If you suffer any losses due to such third-party content or services or you have a dispute with the third party, you agree to resolve the dispute with such third party yourself that will not involve us, and you shall not bring any claims against us.
    • Although we have conducted strict selection of third parties, we cannot control or guarantee the authenticity, legality and accuracy of all third-party information, nor can we control or guarantee the quality, serving capabilities and sustainability of third-party content or services, and the ability of third parties to perform their obligations under the corresponding service agreements. For any losses arising from any quality defect of the content or services provided by any third party or from any delay or interruption in the services, we shall not be liable for any consequences resulting therefrom.
    • We will not be responsible for the legality, accuracy or reliability of any content submitted to us or transmitted or displayed by our services or links (including any content provided by any User or cooperating third party), nor will we give any endorsement, support or assurance. You acknowledge that you understand and agree that you may encounter inaccurate, misleading, defamatory, offensive or illegal content when using our product or services. Any risk arising from your reliance on or use of the content obtained from our products or services shall be on your sole responsibility. We shall not be liable for any direct or indirect loss that you may suffer as a result of your use or reliance on the content of any linked websites or resources. Your use of our products or services does not empower you any rights of the content obtained from such products or services.
    • We may review (but we do not promise to review) the content or third-party services provided by this platform to determine whether the forgoing content or third-party services comply with our policies, applicable Laws and Regulatory Rules or are ambiguous. If any content or third-party services infringe intellectual property rights, or are indecent, defamatory or rough, or violate any legal rights of any third party, or give rise to any risks to the security or operation of this platform, we are entitled to delete or to refuse to provide or link to those forgoing content or third-party services.
    • The third-party content and services displayed on this platform may be subject to other terms, such as the terms of relevant third party who originally made or created such content or services, or terms of relevant third party who conduct promotional activities on this platform. Using such third-party content and services denote that you agree to be bound by any further terms and rules if being notified.
  3. Electronic Notices

It is the User’s responsibility to guarantee that his/its email address, mobile phone number and/or other electronic communication method provided to us is true and effective, so that we can communicate with the User electronically. The User understands and agrees that if we send him/it an electronic communication but the User does not receive it because his/its email address, mobile phone number or electronic communication method on file is incorrect, out of date, blocked by his/its service provider, or he/it is otherwise unable to receive electronic communications, we will be deemed to have provided the communication to him/it. Please note that if the User uses a spam filter that blocks emails from senders not listed in his/its email address book, he/it must add us to his/its email address book so that he/it will be able to receive the communications we send to him/it. If the User’s email address or mobile phone number becomes invalid such that electronic communications sent to him/it by us are returned, we may deem his/its account to be inactive, and he/it may not be able to complete any transaction.

  1. Privacy Policy and Personal Information Collection Statement

All policies regarding the collection, storage and use of personal and other information in relation to the User’s access and use of the platform are included in our Private Policy, which is an integral part of this Agreement. The latest vision of Private Policy can be viewed on our website.

  1. Anti-Money Laundering
    • We are committed to providing Users with safe, compliant and reputable services; therefore, we insist on carrying out necessary due diligence and continuous analysis and reporting against Users. Depositing or withdrawing digital assets by Users through the platform will be subject to anti-money laundering and anti-terrorism financing transactions supervision. We will refer to Hong Kong’s Anti-Money Laundering and Terrorist Financing Ordinance (Chapter 615 of the Laws of Hong Kong), other applicable laws and contractual relationships to preserve certain information and documents, such as transaction records involving large amounts and suspected money laundering, and cooperate with regulatory agencies when requested, we expressly reserve its right to preserve such information and documents. The same applies even if the User terminates the relationship with us or waived their application in the process of registering with this platform.
    • We reserve the right to refuse registration or access of the User at any time for any reason (or no reason), or prohibit the User from depositing or withdrawing, or terminating the relationship with the User. Without prejudice to the generality of the foregoing provisions, applicable conditions of the foregoing provisions include, but are not limited to, persons originating from or residing in a country that does not comply with the international money laundering/counter-terrorism financing standards stipulated by Financial Action Task Force (“FATF”), or considered as politically exposed persons under the FATF’s forty anti-money laundering recommendations, or persons who fail to meet our standards of user due diligence, inquiry or request. We may use enhanced due diligence process whereby we may request that you submit additional information about yourself or your business, provide relevant records, and arrange for meetings with our staff so that we may, among other things, establish the source of your wealth and source of funds for any transactions carried out in the course of your use of HashKey XPert.
  2. Modification and Amendment to this Agreement
    • XPert Company has the right to unilaterally modify, if necessary, the terms of this Agreement and the relevant terms of each specific service. The modification made by XPert Company to this Agreement and/or the relevant terms of a specific service shall come into effect automatically upon the effective date specified in its online announcement or system upgrade reminder. When using our products and services, you shall check and read the amendments in a timely manner, and shall consciously abide by the provisions of this Agreement and the relevant terms of a specific service. If you do not agree to the modifications, you shall immediately stop accessing or using the products and services provided by the platform.
    • We reserve the right to modify or discontinue the services at any time without notice to the User. We may from time to time (and to the extent permitted by applicable Laws) add, change or delete the functional items (including the free provision of a service) of the platform, or suspend or terminate a service completely, without being held responsible for the User or any third party.
  3. Suspension and Termination of Services
    • If the User posts any illegal information in the platform, or commits any act which seriously contradicts social morals, violates Laws or breaches any terms of this Agreement, we have the right to immediately terminate the provision of services.
    • Save for the circumstances specified in Clause 13.1 above, if we determine, at our discretion, that the User has committed other improper behaviours during his/its use of the products and services provided by the platform, we have the right to terminate the provision of such products and services without any explanation.
    • If the User provides false identity information or fraudulently uses other person’s name to access or use this platform, or conducts any activities in breach of any terms of this Agreement, we have the right to suspend the provision of all or part of the services to the User and immediately cancel the User’s account without prior notice, in which case all legal responsibilities resulted therefrom shall be borne by the User.
    • We reserve the right to change, suspend or terminate the services at any time without notice to the User. We shall not be liable for compensating or indemnifying the User or any third party in any way for such change, suspension or termination.
    • If any service is terminated or suspended for reasons attributable to Laws, telecoms service providers, third-party technical issues, hacking or other force majeure (including without limitation war, earthquake, lightning, flood, fire, government actions and technical control by telecom departments), we shall not be liable for compensating or indemnifying the User or any third party in any way for such suspension or termination.
    • After termination of services, we will only retain and use user data in accordance with this Agreement (in particular, the “Privacy Policy and Personal Information Collection Statement”). If we suspend or terminate a service or we terminate the User’s access to our services, there is no guarantee that we can return any of the User’s data to the User, and we may permanently delete User’s data without notice at any time after termination of services. Please ensure that you regularly create backup files for your content.
  4. Feedback

We shall own exclusive rights, including all intellectual property rights, to any feedback, suggestions, ideas, or other information or materials regarding the platform or its Services that the User provided, whether by email, posting through our services or otherwise (“Feedback”). Any Feedback submitted by the User shall become the sole property of us. We shall be entitled to the use and dissemination of such Feedback in any manner and for any purpose permitted by the applicable law. The User waives any rights he/it may have to the Feedback (including any copyrights). Do not send us Feedback if the User expects to be paid or want to continue to own or claim rights in it. Any personal information or other information of the User involved in the Feedback will be collected, maintained and used by us in accordance with our Privacy Policy and Personal Information Collection Statement.

  1. Intellectual Property Rights
    • All intellectual achievements contained in the platform or relating to our products and services including but not limited to the website logo, database, website design, words and charts, software, photos, video records, music, voices and the combination of the aforesaid contents, software compilation, relevant source code and software (including small application program and script) shall be owned by us. Without express prior written consent, the User shall not reproduce, change, copy, send or use any of the aforesaid materials or contents for commercial purpose, or decompile, reverse engineer, disassemble, derive the source code of, modify, or create derivative works of the underlying platforms of the platform or any part of our property or in any other way infringe any intellectual property rights.
    • All rights (including but not limited to trademark, name of the product, logo, domain name, or other distinguishing brand feature) contained in the name of the platform or relating to our products and services shall belong to XPert Company.
    • The User’s acceptance of this Agreement shall be deemed that the User initiatively and exclusively transfers the copyright of the information in any form that he/it publishes on the platform to us free of charge, including but not limited to the right of reproduction, the right of issuance, the right of leasing, the right of exhibition, the right of performance, the right of playing, the right of broadcasting, the right of information network broadcasting, the right of filming, the right of adaption, the right of translation, the right of compilation, and other transferrable rights to be enjoyed by the User. This Agreement is written agreement under Hong Kong Copyright Ordinance (Chapter 528 of Laws of Hong Kong), and it is effective for the contents of any works published by the User on the platform and protected by copyright law, no matter whether the contents are formed before or after the Agreement taking effect.
    • The User shall not illegally use or dispose of intellectual property rights of us or others during the use of our services.
  2. Liability for Breach of Contract

Our or User’s breach of the Agreement herein shall constitute the breach of contract, and the breaching party shall assume the liability for breach of contract to the non-breaching party and compensate for all losses arising therefrom. Notwithstanding the foregoing, we are not liable for any breach of the Agreement, including delays, failure in performance or interruption of service, where they arise directly or indirectly from abnormal and unforeseeable circumstances beyond our control, the consequences of which would have been unavoidable despite all effects to the contrary, nor are we liable where the breach is due to the application of mandatory legal rules.

  1. Jurisdiction and Settlement of Dispute
    • The Agreement shall be governed by the Laws of the Hong Kong Special Administrative Region as to all matters including validity, construction, effect, performance and remedies without giving effect to the principles of choice of law thereof. In the event of any dispute, controversy, or claim arising out of or relating to the Agreement or the construction, interpretation, performance, breach, termination, enforceability or validity thereof (a “Dispute”), the party raising such Dispute shall notify the other party promptly and no later than sixty (60) days from the date of its discovery of the Dispute. The parties shall cooperate and attempt in good faith to resolve any Dispute promptly.
    • Any Dispute which cannot otherwise be resolved as provided in Clause 17.1 above shall be submitted to the International Court of Arbitration of the International Chamber of Commerce (“ICC”) for arbitration which shall be conducted in accordance with its rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties.
  2. Language

Notwithstanding any other provision of this Agreement, any translation of this Agreement is provided for convenience only. If there is any inconsistency or conflict between the English and Chinese versions of this Agreement, the English version shall prevail.

  1. Miscellaneous
    • You agree that you will not make any claim against us for any statement which is not explicitly set out in this Agreement. The invalidity of any clauses of this Agreement (or any part of a clause) will not affect the validity or enforceability of any other clauses (or the remainder of such clause). In the event that we cannot enforce any part of this Agreement in the manner originally provided in this Agreement, we may replace it with similar terms, to the extent permitted under applicable Laws, and the remaining terms of this Agreement shall remain unchanged. Any delay in the enforcement of any clause of this Agreement shall not be interpreted as a waiver of any rights in that clause. Any rights and obligations under this Agreement which by their nature should survive (including any obligations in relation to the liabilities of or the indemnities (if any) provided by the respective parties) will remain in effect after termination or expiration of this Agreement.
    • You may not delegate, assign or transfer this Agreement or any rights or obligations under this Agreement without our prior consent. We may assign, transfer or sub-contract this Agreement or our rights and obligations under this Agreement, in whole or in part, without your prior consent or prior notice to you.
    • This Agreement may be executed by electronic means, and the electronic assent or use of the products and services by the User shall constitute execution of the Agreement. The User agrees that the electronic text of the Agreement constitutes “writing” and the User consents to the terms and conditions hereof constitute a “signing” for all purposes.
    • The section titles in this Agreement are solely used for convenience and have no legal or contractual effect.

 

 

 

 

 

 

 

 

 

 

 

 

 

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