C2C Loan Service Agreement

Preamble

Welcome to use the C2C Loan Services of Huobi Global (hereinafter referred to as "this Platform" or "the Platform").

In order access the C2C Loan Services of Huobi Global (hereinafter referred to as “the Services”), You should read and comply with the C2C Loan Services Agreement (hereinafter referred to as “this Agreement”). You are hereby advised to carefully read and fully understand the terms and conditions of this Agreement, particularly the terms and conditions concerning exemption or limitation of liability, and terms and conditions concerning jurisdiction and applicable law. In particular, the terms and conditions concerning exemption or limitation of liability will be highlighted in bold type to draw Your special attention.

You may not use the Services hereunder unless and until You read and accept all the terms and conditions of this Agreement. Upon Your use of the Services, You shall be deemed as having read and agreed to be bound by this Agreement.

 1. Scope of Agreement

1.1 This Agreement is the agreement entered into by and between You and the Platform in connection with Your use of the C2C Loan Services.

1.2 This Agreement is deemed as a supplementary agreement to User Service Agreement of the Huobi Global APP (link address: https://huobiapp.zendesk.com/hc/en-us/articles/360000201062), and User Agreement (link address: https://huobiglobal.zendesk.com/hc/en-us/articles/360000298561) (should there be any change to either of the two links, the content corresponding to such changed link shall prevail; the foregoing provision shall also apply to any and all other changes to the link addresses), and shall be an integral part thereof and shall constitute a unified whole together with the agreements.

The content of this Agreement also includes all kinds of rules, declarations, statements, modifications, and revocation announcements, inter alia, that have been released or may be released by the Platform in the future in connection with the Services. The aforementioned rules, or announcements, upon being officially released, shall become an integral part of this Agreement, and You shall also comply with them.

Your use of the Services involves the application of different agreements or documents. Should there be any inconsistency between such agreements or documents, the priority order of effectiveness of such agreements and documents shall be: announcements shall take precedence over rules; rules shall take precedence over this Agreement; this Agreement shall take precedence over the Huobi APP User Service Agreement; and the Huobi APP User Service Agreement shall take precedence over the User Agreement. If there is any inconsistency between two announcements, the one released later shall prevail. Unless otherwise expressly agreed, this Platform shall have the ultimate right to interpret this Agreement.

1.3 You shall confirm that You have full capacity for civil conducts in accordance with law and have the requisite legal qualification necessary for signing this Agreement.

1.4 You should understand that the Services hereunder are only open to registered users of this Platform; non-registered users can only login in, browsing and other services specified by this Platform.

2. The Services

2.1 The Services hereunder refer to the matching services provided by the Platform for the lending and borrowing of digital assets. The Platform permits You to set corresponding conditions to meet Your demand for lending or borrowing of digital assets without violating the relevant rules of the Platform.

2.2 Before You access the Services, the Platform shall have the right to require You to provide the information and complete Your identity authentication in accordance with relevant rules, and the aforementioned information includes but is not limited to the following:

2.2.1 Name, which shall be Your name as is specified in Your citizen identification card, passport and other valid identification documents You currently use.

2.2.2 Identity Document No.: the number of Your valid ID Card.

2.2.3 Mobile Phone Number: the number of the mobile phone You currently use.

2.2.4 Contact Address: the address of Your habitual residence or Your valid postal address.

2.2.5 A video showing You holding Your valid identity document.

The above information shall be subject to requirements by the Platform.

2.3 You understand and agree: the personal information provided by You in the process of Your use of the Platform shall be true, accurate and complete; the Platform only conducts written and formal review of the personal information provided by You; any and all adverse consequences arising from the Platform that occur due to Your failure to provide complete, true and effective personal information shall be borne by You exclusively. You shall fill in Your contact information accurately and update it in time. Any and all damages or other adverse consequence that arises because the contact information You provide is inaccurate or fails to be updated timely shall be borne by You exclusively.

2.4 The C2C Loan Services mentioned in this Agreement shall include the following:

2.4.1 Matching services for lending and borrowing digital assets;

2.4.2 Freezing, transfer and settlement, in accordance with Your instructions, of the digital assets lent or borrowed by You ;

2.4.3 Ensuring that the Platform provides the Services in a safe and orderly manner;

2.4.4 Other services as are released by the Platform or specified under the agreement.

2.5 Special reminder: Unless You voluntarily terminate the operation, the Platform will automatically provide You with the lending/borrowing matching services for the next order after each lending/borrowing of digital assets expires, and there is no limit on the number of the rounds of such automatic matching of the next order.

The Platform may continuously update, improve, increase or decrease the above service contents in the future, and the above changes will take effect from the date of the Platform’s announcement thereof without Your consent.

3. Your Rights and Obligations

3.1 You can access the following services:

3.1.1 Browsing the information on offers to lend digital assets;

3.1.2 Submit and publicize information on offers to lend digital assets;

3.1.3 Submit an application for borrowing digital assets;

3.1.4 Digital assets lending, borrowing accounting, settlement, transfer and other services;

3.1.5 After the lending/borrowing of each single digital asset matures, the Platform will automatically match the next order, and there is no limit on the number of rounds of such automatic matching.

3.1.6 Other relevant Services.

3.2 When using the Services, You shall abide by all applicable laws, regulations and rules, public order and morality as well as the provisions of this Agreement, and shall not affect the normal operation of this Platform or infringe upon the privacy, data security and other legitimate rights and interests of this Platform or any other user of this Platform.

3.3 The Platform respects Your personal information and will take necessary and reasonable measures to protect Your personal information. The Platform will not release or disclose to any third party the personal information under Article 2.2 of this Agreement submitted by You, unless as is required by law or relevant departments authorized by law or with Your consent.

3.4 You shall be subject to a strict obligation of confidentiality for the technical secrets and trade secrets of the Platform (hereinafter referred to as "Confidential Information") that You come into during the performance of this Agreement, both during the term of this Agreement and after the expiration of this Agreement. You guarantee that all the Confidential Information of this Platform that You come into will be used exclusively for the purposes of this Agreement and not for any other purpose. Without the prior written authorization of the Platform, You may not use the Confidential Information by Yourself, or disclose, transfer, license, exchange or donate such Confidential Information, or otherwise use the Confidential Information with any other third party or in any other way.

3.5 You shall abide by the provisions of all applicable laws, regulations, rules and policies, ensure the legality of all sources of digital assets in the account, and shall not engage in illegal activities or any other activity that damages the rights and interests of the Platform or any third party on or using the Platform, including but not limited to sending or receiving any information that violates any of the applicable laws and regulations or infringes on the rights and interests of any other person, sending or receiving materials suspected of violating any of the applicable laws or regulations or information or comments with other hazards, or using or forging the header information of e-mails of the Platform without due authorization from the Platform.

3.6 You understand and agree to be responsible for all activities (including but not limited to information disclosure, information release, online click approval or submission of various rules and agreements, online renewal agreements or other services) that occur under Your account number and password on this Platform.

4. Rights and Obligations of the Platform

4.1 Provide services related to the Services hereunder in accordance with the contents disclosed in this Agreement or the Platform.

4.2 Provide technical support related to the Services and be responsible for ensuring the normal proceeding and maintenance of the Services.

4.3 If the Platform becomes aware of or receives any report alleging that You have violated any of the applicable laws and regulations, the Platform shall have the right to verify the relevant information with You, and may adopt restrictive measures on Your account when necessary (including but not limited to blocking and deleting relevant Service content at any time without notice to you), halt, suspend or even terminate the Services provided to You, and refer the case to the competent judicial authority or regulatory authority when necessary. The Platform does not assume any of the responsibilities arising therefrom and reserves the right to hold You accountable.

4.4 The Platform will continuously develop and launch new versions, or change or restrict some functional effects of the Platform without specifically notifying You or obtaining Your consent thereto. The new version of the Platform will become effective starting from the date of release thereof.

4.5 The Platform shall have the right to charge on You services fees in accordance with this Agreement or the rules released publicly by the Platform. The specific rates of such services fees shall be subject to those released publicly by the Platform, and the Platform reserves the right to unilaterally set and adjust the service fee rates.

5. Alteration, Suspension and Termination of Services

The Platform shall have the right to change, modify, interrupt, suspend or terminate the Services at any time, and shall not be held liable for any loss You may sustain therefrom.   

6. Exemption

6.1 You understand and agree that under no circumstance will the Platform be held liable for any of the following events:
6.1.1 loss of income;
6.1.2 loss of transaction profits or contractual losses;
6.1.3 disruption of the business
6.1.4 loss of expected currency losses
6.1.5 loss of information
6.1.6 loss of opportunity, damage to goodwill or reputation
6.1.7 damage or loss of data;
6.1.8 cost of purchasing alternative products or services;
6.1.9 any indirect, special or incidental loss or damage arising from any infringement (including negligence), breach of contract or any other cause, regardless of whether or not such loss or damage may reasonably be foreseen by us, and regardless of whether or not the Platform are notified in advance of the possibility of such loss or damage.
6.1.10 Items 8.1.1 to 8.1.9 are independent of each other.

6.2 You understand and agree that the Platform shall not be held liable for any damages caused by any of the following events:
6.2.1 Where the Platform are properly justified in believing that your specific transactions may involve any serious violation or breach of law or agreement;
6.2.2 Where the Platform are reasonably justified in believing that your conduct on this Website is suspected of being illegal or immoral;
6.2.3 The expenses and losses arising from the purchase or acquisition of any data, information or transaction, etc. through the services offered by this Website;
6.2.4 Your misunderstanding of the Services offered by this Website;
6.2.5 Any other losses related to the services provided by this Website, which cannot be attributed to us.

6.3 Where the Platform fail to provide the Services or delay in providing such Services due to information network equipment maintenance, information network connectivity failures, errors in computer, communications or other systems, power failures, weather conditions, unexpected accidents, industrial actions, labor disputes, revolts, uprisings, riots, lack of productivity or production materials, fires, floods, storms, explosions, wars, failure on the part of banks or other partners, collapse of the digital asset market, actions by government, judicial or administrative authorities, other acts that are not within our control or beyond our inability to control, or due to causes on the part of third parties, The Platform shall not assume any responsibility for such failure to provide service or delay in providing services, or for the resultant loss you may sustain as a result of such failure or delay.

6.4 The Platform cannot guarantee that all the information, programs, texts, etc. contained in this Website are completely safe, free from the interference and destruction by any malicious programs such as viruses, trojans, etc., therefore, your log-into this Website or use of any services offered by this Website, download of any program, information and data from this Website and your use thereof are your personal decisions and therefore you shall bear the any and all risks and losses that may possibly arise.

6.5 The Platform do not make any warranties and commitments in connection with any of the information, products and business of any third party websites linked to this Website, as well as any other forms of content that do not belong to us; your use any of the services, information, and products provided by a third party website is your personal decision and therefore you shall assume any and all the responsibilities arising therefrom.

6.6 The Platform do not make any explicit or implicit warranties regarding your use of the Services offered by this Website, including but not limited to the applicability, freedom from error or omission, consistency, accuracy, reliability, and applicability to a specific purpose, of the services provided by this Website. Furthermore, the Platform do not make any commitment or guarantee in connection with the validity, accuracy, correctness, reliability, quality, stability, integrity and timeliness of the technology and information covered by the services offered by this Website. Whether to log in this Website or use the services provided by this Website is your personal decision and therefore you shall bear all the risks and possible losses arising from such decision. The Platform do not make any explicit or implicit warranties in connection with the market, value and price of digital assets; you understand and acknowledge that the digital asset market is unstable, that the price and value of assets may fluctuate or collapse at any time, and that the transaction of digital assets is based on your personal free will and decision and therefore you shall assume any and all risks and losses that may possible arise therefrom.

6.7 The guarantees and undertakings specified in this Agreement shall be the only guarantee and statements that the Platform make in connection with the Services provided by us under this Agreement and through this Website, and shall supersede any and all the warranties and commitments arising in any other way and manner, whether in writing or in words, express or implied. All these guarantees and statements represent only our own commitments and undertakings and do not guarantee any third party's compliance with the guarantees and commitments contained in this Agreement.

6.8 The Platform do not waive any of the rights not mentioned in this Agreement and to the maximum extent permitted by the applicable law, to limit, exempt or offset our liability for damages.

6.9 Upon your registration of your account with this Website, it shall be deemed that you approve any and all operations performed by us in accordance with the rules set forth in this Agreement, and any and all risks arising from such operations shall be assumed by you.

6.10 according to the applicable laws or the requirements of the competent authority, the platform can provide any information of you (including but not limited to identity information, transaction information, etc.) to the competent authority, and shall not bear any responsibility for the relevant consequences arising from the provision of such information.

6.11 in order to comply with changes in laws or regulations, or to maintain the overall health of the market, the platform will change policies, rules or implement emergency rules from time to time at its own discretion. Such changes or implementation may cause your account to be temporarily unable to access the service or interrupt other services. The platform shall not be liable for the above losses.

6.12 if your account number is frozen, sealed up or deducted by relevant organizations due to various reasons other than the two parties, the platform has the right to exempt from liability and shall not be liable for compensation.

6.13 You understand and agree that in order to provide You with better Services, the Platform shall have the right to regularly or irregularly overhaul, maintain and upgrade the Platform or relevant equipment used in providing the Services. Such overhaul, maintenance, and update may result in interruption or suspension of the Services for a reasonable period of time, and in this case, the Platform shall not be held liable for such interruption or suspension in any manner whatsoever.

6.14 You understand and agree that if the Services are interrupted or blocked due to any of the following circumstances, the Platform shall not be held responsible in any manner whatsoever:

6.14.1 Any failure or error in the computer software, computer system, hardware and communication lines of Yours or of this Platform;

6.14.2 Any improper operation by You;

6.14.3 You use the Platform in a manner that is not authorized by the Platform; and

6.14.4 Other circumstances beyond the control of the Platform or not reasonably foreseeable by the Platform.

6.15 You understand and agree that in no event shall this Platform be held responsible for any of the following matters:

6.15.1 Loss of income caused by Your inability to use any other service because You choose to use the Services hereunder, i.e., the loss of expected income caused by purchasing substitute products or services;

6.15.2 Losses in the form of price difference caused by fluctuations in the market price of digital assets after You choose to use the Services hereunder;

6.15.3 Losses that arise when You use the Services hereunder without obtaining the expected benefits therefrom;

6.15.4 Loss of opportunity, goodwill or reputation;
6.15.5 Any indirect, special or incidental losses or damages caused by infringement (including negligence), breach of agreement or any other reason on the part of any other party or third party involved in the Services, regardless of whether such losses or damages can be reasonably foreseen by us, or whether or not the Platform have been informed of the possibility of such losses or damages.

7. Special Clauses

7.1 You fully understand and agree that You must be responsible for all actions under Your registered account.

7.2 You shall properly use and keep Your account number, login password, fund password, and the mobile phone number bound with Your account upon your registration thereof, and mobile phone verification codes received by Your mobile phone. You are fully responsible for any operation and consequences from using Your account and login password, fund password and mobile phone verification codes. When You find that the account number with the Platform, login password, fund password and verification codes are used by a third party without Your authorization, or there are other account security problems, You should immediately and effectively notify this Platform. In this case, this Platform shall have the right to adopt action in response to Your request within a reasonable period of time, provided, however, this Platform does not assume any responsibility for the consequences (including but not limited to any of Your losses) that have occurred before such action is taken.

7.3 You shall not donate, lend, lease, transfer or otherwise dispose of the account number of this Platform to any other person without the consent of this Platform.

7.4 You shall judge the information You come into contact with when using this Platform, and shall bear any and all risks arising from Your use of this information, including risks arising from reliance on the correctness, completeness or practicability of the information published on this Platform. This Platform cannot and will not be responsible for any loss or damage caused by the aforementioned risks.

7.5 If You have any dispute with any other user or any third party in connection with the use of the Services, You shall deal with such dispute Yourself and assume all responsibilities therefrom.

8. Intellectual Property Rights

8.1 All intellectual achievements contained in the Services, including, but are not limited to, the Platform’s logos, databases, website design, text and graphics, software, photos, videos, music, sound and any combination thereof, the intellectual property rights in the software compilation, relevant source code and software (including applets and scripts) are owned by this Platform. You may not duplicate, modify, copy, transmit or use any of the foregoing materials or content for commercial purposes.

8.2 All rights contained in the name of the Services hereunder (including but not limited to goodwill, trademarks and logos) are owned by the Platform.

8.3 You may not illegally use or dispose of the intellectual property rights of this Platform or any other person in the process of using the Services. You may not publish in any manner whatsoever or authorize any other website (and media) to use in any manner whatsoever the information published on this Platform.

8.4 Your use of the Services may not be deemed as any transfer of intellectual property rights from this Platform to You.

9. Risk Reminders

9.1 At Your own risks. Your acceptance of the Services on the Platform is entirely a voluntary transaction conducted by Yourself on the basis of Your own economic situation and proper assessment of relevant risks You face. You acknowledge and agree that You shall bear any and all the risks or losses that may arise from Your use of the Services for transactions, for which this Platform or any third party may not be held liable.

9.2 Suitable subject. The Services are only suitable for subjects with rich experience in digital asset transactions or subjects who are capable of fully understanding all risks related to digital asset transactions and bearing part or all losses of the assets in their accounts caused by transaction errors.

9.3 Risks involved in the Services include but are not limited to:

9.3.1 Risks caused by price fluctuations: Affected by a range of factors, the price of digital assets is subject to significant fluctuations, as a result of which You may sustain substantial losses or cannot effectively control risks. Therefore, You must bear any and all losses and risks arising therefrom.

9.3.2 Transaction risks: You must understand that the Services are characterized by a high degree of risks and may cause substantial losses to You; any order You place on the Platform will become irrevocable upon being closed, and You must accept any and all the risks that such a transaction model may bring.

9.3.3 Policy Supervision Risk: the Services may be subject to risks resulting from policies and regulation in specific jurisdictions. Therefore, You are advised to make prudent judgments on the basis of a proper assessment of the policies and regulation in the jurisdictions to which the trading is subject to.

9.3.4 Other possible risks: including but not limited to losses caused by such measures as changes in service content, forced reduction of positions, forced liquidation of positions, withdrawal of orders, early liquidation and settlement.

9.3.5 The above-mentioned risks are only enumerations of risks and are not intended to exhaust all the risk factors that the Services are subject to. Therefore, before using the Services, You should carefully understand and assess other possible risk factors.

9.3.6 This Platform does not guarantee Your profitability, and will not share profits or risks with You.

10. Applicable Law

This Agreement is concluded in accordance with the laws of the Republic of Seychelles, and its establishment, interpretation, content and performance shall be governed by the relevant laws and regulations of the Republic of Seychelles.  Any claim or lawsuit arising from the Services agreed in this Agreement shall be governed, interpreted and enforced in accordance with the laws of the Republic of Seychelles.

11. Miscellaneous

11.1 The headings of the terms and conditions of this Agreement are for convenience only and may not be used for the purpose of interpreting the terms and conditions of this Agreement.

11.2 If any term or condition in this Agreement is deemed by any competent authority as totally or partially invalid or unenforceable for any reason whatsoever, the other terms and conditions of this Agreement shall remain fully valid and binding on both parties hereto.

11.3 The ultimate right to interpret this Agreement shall be owned by the Platform.