© 2015-2019 Fusang Corp
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DIGITAL IDENTITY TERMS OF USE

Introduction:
 

This website (our “Website”) is owned and operated by Fusang Custody Limited, a Hong Kong incorporated private company limited by shares (“Fusang”, “we”, “us”, or “our”). Each reference in these Terms of Use (“Terms”) to our Website includes all materials that we make available to you on our Website.
 
By using our Website, you agree to comply with these Terms. You further agree that it shall be your responsibility to check this page each time you use our Website, as we may update these Terms from time to time. If you continue to use this Website after our update of these Terms, you shall be deemed to have agreed to the updated Terms.

If you carry out any transaction through our Website, that transaction may be subject to additional terms and conditions which you will be asked to read and accept at the relevant time. To the extent of any inconsistency with these Terms, the terms of the transaction apply to that transaction shall prevail over these Terms and any matters connected with it.
 

Your Obligations:

 

You must comply with any instructions we give you about how to use our Website and must not do anything that interferes with or adversely affects the normal operation of the website (including the ability of other users to access or use the Website).


You are responsible for ensuring the security of the systems and devices that you use to access our Website, including but not limited to through the use of appropriate virus-checking and other security software.

You agree that you will not impede the correct operation of the network and will only use our Website for lawful purposes. 

For the avoidance of doubt, Fusang reserves the right to determine at its sole discretion whether your conduct is in breach of any of the provisions of these Terms. If you are found in violation of any of the foregoing, you shall take the full and sole responsibility of any potential legal and financial consequences and liabilities and you are obliged to indemnify Fusang for any loss incurred by such violation. 
 

 

Registration

 

You may need to register with us in order to access certain parts of our Website. Further details about registrations are available by contacting us at clients@fusang.co. In this case, we may issue you with a user name and password, or other appropriate log-in details for your account. You are responsible for keeping your log-in details confidential so that they cannot be used without your permission. You will be responsible for any use of our Website by anyone using your log-in details and this includes unauthorised access and/or use of your log-in details. You agree and acknowledge that the information you provide to us is accurate and that you will keep it accurate and up-to-date. 

You may close your account at any time by contacting us. In the event you believe your account is no longer secure, then you must immediately notify us at clients@fusang.co

Fusang shall take all commercially reasonable measures in handling your personal details and will ensure that your personal details are retained only as long as necessary for the transaction made under these Terms. However, in the absence of fault on our part, we shall not be held liable for any loss that you may suffer in the event of any unauthorized access by the third party to any data provided when accessing our Website unless we have been proved to be negligent in securing the information provided. 

Additional Information:
 
Upon request, you may need to provide us with information for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime.

You may need to complete certain verification procedures before you are permitted to use our services through our Website. The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth and government identification documents.


By providing us with the information described above, you permit us to keep a record of the information and confirm that the information is accurate and authentic.

In order to implement our know-your-customer processes and  to facilitate your use of the services, you hereby authorise us to make the inquiries, whether directly or indirectly through third-party applications, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deemed necessary based on the results of such inquiries.

You agree not to impersonate or represent intentionally or unintentionally, in any way whatsoever, any third party, individual, agent, sole proprietor, company or entity without lawful authority; or otherwise provide, submit or present any false and/or misleading information to us. 
 
Please also refer to the “Privacy” section below.

 

Eligible Users:
 
The following are conditions of access to our Website, and each time you access our Website you represent and warrant to us that:

  • if you are an individual, that you are at least eighteen (18) years of age or older, capable of forming a binding contract with us, and under no legal impediment or incapability;

  • if you are an authorised representative of a company, that you are the authorised representative from that company provided that you have obtained a written authorisation or consent from that company to access our Website and form a binding agreement with us on behalf of that company;

  • you have not previously been suspended or removed from accessing our Website;

  • you are not identified as a “Specially Designated National” (as defined below) by the United States Office of Foreign Assets Control, or otherwise subject to any sanctions or restrictions which may affect our ability to provide you with our services;

  • you have the full power and authority to agree to these Terms, and to enter into any transactions or use any service offered by us through our Website;

  • all information and documentation that you have provided to us for the purposes of engaging in digital asset trading is true, accurate and not incomplete or misleading and that if such information or documentation becomes untrue, inaccurate, incomplete or misleading for any, that you will update us as soon as you are aware that those details are no longer true, accurate, complete and not misleading, including the date upon which the factual correctness of the details changed;

  • you will only trade with legally obtained digital assets or fiat currencies that belong to you, and that you have full legal and beneficial title to any such assets at the time you transfer them to us; and

  • you are not located in, or a resident of, any Restricted Territory (as defined below), and have not used any technical means to misrepresent your geographical location to access our Website.

 

Your access to our Website may be restricted based on your jurisdiction or geographical location. You must not use our Website if you are located in, or a citizen or resident of any state, country, territory or other jurisdiction in which use of our Website or any services on our Website would be illegal or otherwise violate any applicable law (“Restricted Territory”).  We reserve the right to restrict access to any Restricted Territory and may implement technical controls to prevent access to our Website and services from any Restricted Territory.

For the avoidance of doubt, “Specially Designated National” means an individual, entity or organization deemed detrimental to the security of the United States of America (“U.S.”). The citizens of the U.S. are prohibited from having transactions of any kind with Specially Designated National, and the U.S. Department of the Treasury will act to block their assets in the U.S.

 

Rights to suspend or terminate access:
 
We may suspend, terminate, block or freeze your access to all or any part of our Website at any time and without prior notice to you. In certain circumstances, we may not be in a position to provide information to you about the reasons for the suspension or termination of your access to our Website. 

In addition to the above, whenever Fusang determines in its sole discretion that the information you provided may not be accurate, truthful, complete and/or updated, Fusang may ask you to correct it in a timely manner. 

Intellectual Property:

Other than the content you own, or unless otherwise indicated, we and/or our licensors have valid, unrestricted and exclusive rights, title and interest of the patents, trademarks, trade names, trademark registrations, know-how, copyrights, technology, and other intellectual property rights in and to the content contained in or published on our Website.  We may update and change the materials available on our Website, including by removing materials, at any time in our discretion without notice to you.

You may download or print certain sections of our Website if needed for your own personal use, but otherwise, you shall not reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any part of our Website to any third party without our express prior consent. To the extent that our Website contains functionality that allows you to access or download specific materials through our Website, your use of that functionality and the downloaded materials may be subject to separate terms and conditions which you will be asked to read and accept at the relevant time.

You shall not breach any Intellectual Property Rights (as defined below) connected with our Website, including but not limited to altering or modifying any of the content, causing any of the content to be framed or embedded in another website, or creating derivative works from the content.

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Website in accordance with these Terms. All other users are prohibited without our prior written consent. 

For the purpose of this clause, “Intellectual Property Rights” mean all applicable rights, title, interests and benefits thereto including, without limitation, patents, copyrights, trademarks, trade secrets, trade names, logos, patents, inventions, registered and unregistered design rights, copyrights, databases, database rights and all other similar intellectual property rights. 

 

Website Links:
  
Our Website may contain or link to information that has not been devised, verified or tested by us or any of our officers, employees or agents. These are provided for your information only. We do not take any responsibility for that information, nor endorse its accuracy or completeness.
 
We do not guarantee that the information or the provision of the hyperlinks provided to you, does not infringe any third-party rights. If our Website contains a link to an external website, we do not endorse, recommend, approve, guarantee or introduce any third parties or the services and/or products that those third parties may offer. We accept no responsibility for them or any of the content available, or for any loss or damage that may arise from your use of them.
 
You may be provided with a link to the home page of our Website at, on any website you operate, as long as you do not suggest any form of association, approval or endorsement on our part without our express prior permission and you shall promptly delete the link at our request.

Except as set out in this clause, you may not link to our Website.
 

No Financial Services Activities or Advice:
  
The information and any materials contained in this website should not be considered as an offer or solicitation to buy or sell financial instruments, provide financial advice, create a trading platform, facilitate or take deposits or provide any other financial services of any kind in any jurisdiction.

The information contained on this website is not intended to provide and should not be construed as advice of any kind. You should obtain appropriate professional advice when necessary. It does not take into account your objectives, financial situation or needs. 

You hereby represent and warrant that you have made enough independent investigation regarding the information on this Website and you are deemed to be fully aware of and accept all relevant risks. 

 

Limitation of Liability:
 
This Website is provided to you on an “as is, where is” and “as available” basis. While we will use reasonable care and skill in operating our Website, we cannot promise that our Website will always be available, meet your requirements or completely free of faults, errors or compromise from cybersecurity events.


To the maximum extent permitted by law, except as expressly set out in these Terms, we exclude:

 

  • all conditions, representations, warranties and statutory guarantees, whether express or implied, in relation to our Website. Nothing on our Website should be relied upon as a promise or representation as to the future; and

  • any liability, whether in contract, tort (including negligence), or otherwise, for any indirect or consequential loss, damage or expense incurred by you or any other user in connection with our Website, content and/or any inaccessibility of, interruption to or outage of this Website and/or any loss or corruption of data and/or the fact that the content is incorrect, incomplete or out-of-date. Access to, and use of, this Website is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.  

As this Website is dependent on other third-party service providers, including but not limited to website domain hosts and payment providers, we do not guarantee that this Website will be available at all times or uninterrupted. Whilst we endeavour to make this Website available 24 hours a day, we shall not be liable for any reason this Website is unavailable for any time or for any period. We make no warranties, guarantees or representations that your access to this Website will be uninterrupted, accessible, timely or error/bug-free. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions. 

Without prejudice to any other disclaimer, waiver, indemnity or exclusion of liability that you agree to in any agreement with us, you agree to:

 

  • indemnify, to the extent permitted by Hong Kong law, Fusang and its Affiliates (as defined below) against any action, claim, proceeding, loss, damage, expense or liability you have suffered or incurred directly or indirectly arising from your use of our Website; and

  • release Fusang and any Affiliate against any action, claim, proceeding, loss, damage, expense or liability you have suffered or incurred directly or indirectly arising from your use of our Website.

 
To the extent we are unable by law to exclude any implied condition, representation, warranty or statutory guarantee in relation to the provision of goods or services through our Website, we limit our liability for a breach to the re-supply of those goods or services or payment for such re-supply.  This is without limitation to any other exclusions or restrictions of our or others’ liability in connection with our Website.

For the purpose of this clause, “Affiliate” means, with respect to any person, any other person directly or indirectly controlling, controlled by, or under common control with, such person. 

Privacy:  

We will manage any personal information that we collect through our Website in accordance with our Privacy Policy, which you can access here https://www.fusang.co/privacy-policy

 

You represent and warrant that:
 

  • your disclosure of any personal data to us relating to individuals other than yourself was or will be made in accordance with all applicable data protection and data privacy laws, and those data are accurate, up to date and relevant when disclosed;

  • before providing such personal data to us, you have read and understood our Privacy Policy and, in case of personal data relating to an individual other than yourself, you have (or will at the time of disclosure) provided a copy of that Privacy Policy (as amended from time to time) to that individual; and

  • if from time to time we provide you with a replacement version of the Privacy Policy, you shall promptly read and provide a copy to any individual whose personal data you have provided to us.

 

In some circumstances, we may require additional information from you, and may require additional verification or screening to be conducted before you are able to access certain services on our Website. You therefore authorise and provide us consent to (either directly or through a third party with whom we have a confidentiality agreement):

 

  • screen and verify your information to prevent fraud and other suspicious transactions, including but not limited to conducting screening against various sanctions and politically exposed persons lists, querying information contained in public sources and records, querying account information contained in any linked bank or other institutional accounts;

  • provide your personal data to any banks or other institutions that may require that data in order to facilitate any requested service on our Website; and

  • take any action that we consider necessary as a result of such verification and screening, including further requests or inquiries to third parties, and you authorise and consent to us sharing any data held by us with those third parties, and authorise and consent to those third parties processing your personal data in order to respond to any such inquiry or request by us.

 
We may at any time process and transfer any and all of the personal data relating to you and/or personal data provided by you relating to an individual other than yourself to any of our affiliates and/or subsidiaries.

We will manage any personal data collected through the website in accordance with relevant laws and regulations.

 

Communications:
 
Communications over the internet and/or through our Website may be subject to interruption, transmission blackout, delayed transmission due to internet traffic, or incorrect data transmission due to the public nature of the internet. You are advised to exercise with caution and confirm any relevant details/communications by other means should you have any doubt about the accuracy of this communication.
 
Any communications with us or our officers, representatives or agents may be recorded and retained, subject to applicable law, relevant policies and the terms of any applicable written agreement.


For contractual purposes, you consent: 

(a)    to receive communications from us in an electronic form via the last email address you have submitted to us; and 
(b)    that any terms and conditions, agreements, policies, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.  
 
Notice will be deemed given 24 hours after email is sent to the last email address you provided to us or notice is posted on this Website. 

Compliance with Laws and Regulations:
 
You are responsible for complying with all applicable laws and regulations relating to services you use through our Website, including without limitation to the reporting of any transactions, and the calculation and payment of all applicable taxes within any relevant jurisdiction. If you have any doubts about whether or which laws and regulations apply to you, you should seek independent legal, accounting and/or taxation advice.

 

Assignment:

You shall not assign or delegate these Terms and any rights and obligations hereunder, in whole or in part, to any third party without Fusang’s prior written consent. Any assignment or delegation without the prior written consent of Fusang shall be null and void. 

Fusang may assign these Terms and any rights and obligations hereunder, in whole or in part, to any third party without your consent at any time at its sole discretion. 

Subject to the foregoing, these Terms shall continue to be binding upon and inure to the benefit of the parties’ respective successors and permitted assigns. 
 
Force Majeure: 

In addition to applicable disclaimer set above, Fusang will not be liable for any delay and/or interruption resulting from conditions beyond its reasonable control, including but not limited to any act of God, storm, earthquake, fire, typhoon, flood, war, explosion, act of any government, civil disorder, power failure, equipment failure, failure of any communication method, act of terrorism, labour dispute, cyber-attack and denial-of-service attack. 


Governing Law:
  
These Terms shall be governed and construed in accordance with the laws of Hong Kong.

 

Submission to Arbitration:
 
Any dispute, controversy, difference or claim arising out of or relating to these Terms, including but not limited to the existence, validity, interpretation, performance, breach or termination, or any dispute regarding non-contractual obligations arising out of or relating to these Terms, will be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (“HKIAC”) under the HKIAC Administered Arbitration Rules (“Rules”) in force when the Notice of Arbitration is submitted and the same shall be finally settled by one (1) arbitrator appointed in accordance with the Rules. The seat of arbitration shall be in Hong Kong and it shall be conducted in the English language. The decision of the arbitrator and any award granted by the arbitrator shall be final and binding on the parties, save for manifest error. The reference of any dispute to arbitration in accordance with this clause shall not excuse the parties from continuing with the performance of any other obligations under these Terms which are not affected by the dispute. Nothing in this clause shall prevent a party from seeking urgent equitable relief before an appropriate court in Hong Kong.

Severability:
 
If any of these Terms are determined to be illegal, invalid or otherwise unenforceable, to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it will be severed and deleted from these Terms and the remaining terms will survive, remain in full force and continue to be binding and enforceable.


Waiver:

If a party waives any right under these Terms, it must be done in writing. No failure to exercise and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. A waiver of a breach of a term in these Terms does not operate as a waiver of another breach of the same term or any other term. 

Language:
 
In the case of a discrepancy between the English version and any other language version in respect of these Terms or our Website, the English version prevails.

 

Questions:
 
Please contact us at clients@fusang.co if you have any questions about our Website.