12 – General Terms
You agree that we can communicate with you electronically either by SMS, by email or by posting notices on the EMQ website or by telephone to the telephone number as provided in your EMQ account, as we deem reasonable and appropriate.
Receipt shall be deemed to have taken place on the day of dispatch if the email was sent prior to 1:00pm on a Business Day or the first Business Day after dispatch in any other case. If the email address you have given to us is no longer in use or valid, you must notify us as soon as possible.
Amendment and Termination of this Agreement
We may vary some of the Terms by posting changes on our website or the Mobile Application. Once we have given you notice of the proposed changes, if you do not tell us that you object to the changes before the date on which they are due to come into effect, then you will be deemed to have accepted them and they will take effect on the date indicated. If you do object to the changes, then you have the right to end this Agreement without charge in accordance with this Agreement.
We may, without liability to you or any third party, refuse to let you open an account, suspend your account, terminate your account or deny your use of one or more of the Services. Such action may take place as a result of your account inactivity, your failure to respond to customer support requests, your failure to identify yourself with proper documentation, our belief that your account has been compromised, our requirement to comply with Applicable Laws, or your violation of the Terms.
This Agreement will remain in force until terminated by you or us. You may terminate this Agreement at any time without penalty by notifying us in writing. Termination following such notice will only take effect when any outstanding Transactions prior to the date of receipt of such notification by us are completed. We may terminate this Agreement at any time by any means permissible under this Agreement, including SMS notice to your registered mobile number, which termination shall be effective immediately. Notwithstanding the foregoing and anything to the contrary, the provisions of this Agreement under the sections entitled Limitation of Liability, Indemnity, Representations and Warranties, and Governing Law and Jurisdiction shall survive termination of this Agreement.
Limitation of Liability
While we will endeavour to comply with your Instructions as quickly as possible, there may be circumstances in which we are unable to do so. Therefore, we always reserve the right to refuse to accept your Instructions and to do so without giving you any reasons and without any liability to you for any resulting loss or damages incurred by you or any other party.
You acknowledge and agree that EMQ shall be conclusively deemed to have acted in good faith and to have exercised reasonable care if we have followed the procedures under this Agreement, and that EMQ shall not be liable to you or any third party for any loss, damage, claim or compensation (including loss of profit or loss of use) resulting from our execution of, or failure to execute, any transfer in accordance with the Instructions from you.
You acknowledge that delays in the transmission and receipt of payments may occur. In particular, you acknowledge that we operate an online platform that could be subject to technical or other problems. The nature and duration of the problems may be beyond our control. Our service also involves the use of intermediaries who are outside of our control. Accordingly, while we use commercially reasonable efforts to ensure the timely transmission of funds, we cannot guarantee that transfers of funds will always be made on time. You acknowledge and agree that we will not be liable to you for any loss suffered by you or any other person as a result of any delays in the transmission of funds or any other breach of our obligations under this Agreement.
You agree to indemnify us and our directors, employees, agents, and representatives for any losses, damages, claims, penalties, costs, expenses or fees (including but not limited to reasonable attorneys’ fees ) arising from or in connection with any default by you under this Agreement, including but not limited to the provision of false information or non-compliance with Applicable Laws in connection with any Transaction under this Agreement.
Representations and Warranties
You represent and warrant that the following statements are true and accurate with respect to each Transaction, and you acknowledge that we may cancel or refuse to enter into a Transaction, and apply reasonable administration fees, if we find at any time that they are not true and accurate:
- you are over the age of 18;
- you are the beneficial owner or have the necessary legal authority in respect of the money you are seeking to transfer;
- you are not acting on behalf of an undisclosed principal or a third party;
- you have a valid commercial or personal reason for entering into each Transaction and will not enter into any Transaction for speculative purposes;
- in making your decision to enter into a Transaction, you do not and will not rely on any market-related information that may be provided from time to time by us on our website or by our employees, agents, or representatives;
- you and all Transactions initiated by you will comply with all Applicable Laws;
- all information you provide to us is true, correct, complete, certain and not misleading;
- you will not use the Services, directly or indirectly, for any fraudulent undertaking, to conduct any money laundering activity, in any manner that interferes with the operation of the Services, or for any illegal purposes; and
- your use of the Services will be in compliance with this Agreement.
This Agreement and any documents referred to herein constitute(s) the entire agreement between you and EMQ, superseding all prior agreements, representations and understandings, whether written or oral.
In the event that any provision of this Agreement shall be determined to be invalid, illegal, or unenforceable by ruling of an arbitrator or court of competent jurisdiction, the remainder of this Agreement shall not be impaired or otherwise affected and shall continue to remain valid and enforceable with full force and effect.
Governing Law and Jurisdiction
Any dispute in relation to this Agreement or the Services provided by us must first be referred to us and both parties shall act reasonably and in good faith to resolve the dispute amicably within ten (10) Business Days from the date a notice of dispute is sent by one party to the other.
If the matter is not resolved in the manner above, the matter shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. This referral shall include any dispute, controversy, difference or claim arising out of or relating to this Agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it. There shall be one arbitrator, who shall be chosen by the parties. In the event no agreement regarding the selection of the arbitrator can be reached between the parties, the arbitrator shall be chosen pursuant to the HKIAC Administered Arbitration Rules. The seat of arbitration shall be Hong Kong. The arbitration shall be conducted in the English language.
You consent to the electronic recording by us of any telephone conversations between us, without an automatic warning tone. You acknowledge that either you or we may use any telephone recordings as evidence in any dispute or anticipated dispute between us or in relation to any dealings between us.
This Agreement shall be interpreted in accordance with the laws of Hong Kong and both parties agree to submit to the jurisdiction of the courts of Hong Kong.