PART D. CUSTODIAN WALLET, SELF-CUSTODY WALLET AND SMART CONTRACT VAULT, AND VIRTUAL ACCOUNT

 

This Part D shall only apply if you are using a Custodian Wallet, Self-Custody Wallet and Smart Contract Vault, and/or Virtual Account (as applicable) in connection with the Services.

34.              CUSTODIAN WALLET 

34.1          If you are using a Custodian Wallet in connection with the Services, the Group will manage the virtual assets held in the Custodian Wallet on your behalf and in accordance with these Terms.

34.2         Your virtual assets deposited in the Custodian Wallet are held in custody by a third-party Custodian. The Group has established a contractual relationship with the Custodian to ensure the secure management of your virtual assets. By using the Custodian Wallet, you confirm that you understand the inherent risks associated with using the Custodian Wallet, including but not limited to:

(a)                system risks: risks related to the operation and security of the Custodian’s systems and platforms;

(b)               market risks: risks arising from the volatile nature of virtual currencies and their fluctuating market values; 

(c)                regulatory risks: risks associated with changing regulations and legal compliance of the Custodian;

(d)               security risks: risks related to the potential loss or theft of virtual assets due to cyberattacks or breaches by the Custodian; and

(e)                operational risks: risks arising from operational failures, errors, or disruptions in the Custodian Wallet.

34.3         The Group has the right to give various instructions to the Custodian for the purpose of settling your Card Balances or other transactions under the Services. Such instructions may include, but shall not be limited to, freezing, converting and transferring the virtual assets held in the Custodian Wallet as may be required for settlement purposes, as further described in Clause 25 above. The Custodian is obligated to act upon such instructions of the Group from time to time in accordance with the terms of their agreement.

34.4         The Group may select, evaluate, and if necessary, change the Custodian from time to time at its sole discretion. Should the Group decide to change the Custodian, you authorise the Group to transfer all the virtual assets held in the Custodian Wallet to the new Custodian for the purpose of continuing to use the Services, including the RedotPay Card.  

34.5          The Custodian is responsible for the security of your virtual assets held in the Custodian Wallet. The Group and its affiliates are not liable to you or any other person in respect of any losses, damages or liabilities (including but not limited to tax liabilities) associated with your Custodian Wallet or any virtual assets held therein or otherwise caused by or attributable to the actions or omissions of the Custodian. 

34.6         Your Custodian Wallet comprises individual vault accounts designated for respective users of the Services, including the RedotPay Card, for the purpose of initial storage of the approved virtual assets. Subsequently, all such virtual assets of different users of the Services, including the RedotPay Card, will be swept into a ring-fenced, pooled, centralised omnibus vault account (the "Pooled Account") held by the Group, which is segregated from the Group's own proprietary accounts. The Pooled Account will include all virtual assets of all users of the Services, including the RedotPay Card, but:

(a)                your Custodian Wallet will at all times be maintained in the account records of the Group; and 

(b)               your identity and your share of the virtual assets in the Pooled Account (as represented by your Wallet Balance) will be maintained in the records of the Group.

34.7          The Custodian Wallet is not a debit card supported by a bank account and does not in any way connect to or constitute a savings account or a checking account. No interest will be paid for virtual assets maintained in the Custodian Wallet.

34.8         If you are using a Custodian Wallet in connection with the Services, including a RedotPay Card, you acknowledge that the virtual assets in the Custodian Wallet will be managed by the Group, as outlined in these Terms, to ensure the proper functions of the Services, for security purposes and for compliance with Applicable Law.

34.9         The Custodian Wallet is not a deposit account and the virtual assets held therein are not qualified for protection by the Deposit Protection Scheme (as referred to in the Deposit Protection Scheme Ordinance (Cap. 581 of the Laws of Hong Kong) in Hong Kong.

34.10      You acknowledge and/or warrant that:

(a)                the Group has the sole discretion to modify or make necessary arrangements in relation to the Custodian Wallet, including but not limited to (i) choosing to follow one or more chains resulting from a fork in the virtual assets or (ii) modifying the Pooled Account arrangement;

(b)               the Group is not acting as a trustee, fiduciary or escrow agent with respect to your virtual assets;

(c)                you authorise the Group to freeze, convert and transfer your virtual assets on your behalf as may be required under these Terms;

(d)               you are not a party to any agreement between the Group and the Custodian, and you have no right to enjoy or enforce any benefit under such agreement; and

(e)                all virtual assets deposited by you into the Custodian Wallet are of legal origin and in compliance with all Applicable Law.

35.              SELF-CUSTODY WALLET AND SMART CONTRACT VAULT

35.1           If you are using a Self-custody Wallet in connection with the Services, the Group will have no control over the virtual assets in your Self-custody Wallet, save as otherwise provided under these Terms. You may from time to time designate Locked Tokens to be locked in the Smart Contract Vault for the purpose of securing payments for your future Card Transactions. You agree and authorise the Smart Contract to deduct Locked Tokens from your Smart Contract Vault for settlement of your Card Balances in accordance with these Terms.

35.2          If you are using a Self-custody Wallet in connection with the Services, including a RedotPay Card, upon successful completion of all applicable know your customer (KYC) checks and other applicable due diligence checks, you may from time to time designate Acceptable Tokens of such amount determined in your sole discretion in your Self-custody Wallet ("Locked Tokens") to be locked in the Smart Contract Vault by means of the Smart Contract. You agree and authorise the Smart Contract to, upon your purchase using any RedotPay Card or other transactions under the Services, deduct Locked Tokens from your Smart Contract Vault for settlement of the relevant purchase price or transaction considerations and all other associated fees and charges as may be determined and applied at the Group's sole discretion. 

35.3          The Group has no control over the virtual assets deposited in your Self-custody Wallet, save as otherwise provided under these Terms. You acknowledge and accept that the Group is not responsible for the security and management of your Self-custody Wallet and the virtual assets therein.

35.4          The Smart Contract Vault does not provide any debit card function, is not supported by a bank account and does not in any way connect to or constitute a savings account or a checking account. No interest will be paid for virtual assets locked in the Smart Contract Vault.

35.5          The Smart Contract Vault is not a deposit account and the virtual assets locked therein are not qualified for protection by the Deposit Protection Scheme (as referred to in the Deposit Protection Scheme Ordinance (Cap. 581 of the Laws of Hong Kong) in Hong Kong.

35.6          If you are using a Self-custody Wallet in connection with the Services, including a RedotPay Card, you acknowledge that you are solely responsible for the management and security of your virtual assets in the Self-custody Wallet; provided that Locked Tokens may be frozen, converted and deducted from your Smart Contract Vault by means of the Smart Contract for the purpose of settlement of your Card Balances or other transactions under the relevant Services in accordance with these Terms.

35.7          You acknowledge and/or warrant that:

(a)                the Group has the sole discretion to modify or make necessary arrangements in relation to the Smart Contract or the Smart Contract Vault;

(b)               the Group is not acting as a trustee, fiduciary or escrow agent with respect to the Locked Tokens;

(c)                you authorise the Group to freeze, convert and deduct Locked Tokens from your Smart Contract Vault by means of the Smart Contract as may be required under these Terms; and

(d)               all virtual assets in your Smart Contract Vault are of legal origin and in compliance with all Applicable Law.

35.8         When you use the Services, including your RedotPay Card, in conjunction with the Smart Contract Vault, you agree to the following:

(a)                Locking of Assets: You authorise Locked Tokens to be locked in the Smart Contract Vault from time to time to secure payments for your future Card Transactions or, where relevant, other Services provided by the Group. Once the Locked Tokens are locked in the Smart Contract Vault, they cannot be utilised for any other transactions or purposes.

(b)               Automatic Execution: Upon the occurrence of a Card Transaction or other transactions under the Services, Locked Tokens with an amount equivalent to the Settlement Amount will be automatically frozen, and subsequently be deducted from your Smart Contract Vault by means of the Smart Contract for the settlement of the relevant Card Balances or other transactions under the Services, as further described in Clause 25 above (among other provisions under these Terms).

(c)                Control: The Group has no control over, or access to, your Self-custody Wallet or the virtual assets therein, save for such interaction with the Locked Tokens locked in the Smart Contract Vault by means of the Smart Contract and in accordance with these Terms.

(d)               Understanding the Smart Contract: You represent and confirm that you fully understand the terms of the Smart Contract and how it operates. You acknowledge and accept that you are bound by the terms of the Smart Contract and you are solely responsible for the fees incurred in connection with the Smart Contract and the operations of the Smart Contract and the Smart Contract Vault. 

35.9          The Group reserves the right to modify the terms of the Smart Contract to improve its functionality, to address security issues, to comply with Applicable Law or otherwise in its sole discretion. By continuing to use the Services, the RedotPay Card or otherwise interact with the Smart Contract Vault or the Smart Contract, you will be deemed to have accepted the modified terms of the Smart Contract.

35.10      Subject to the settlement by you of all outstanding Card Balances, transaction considerations associated with Services and associated fees and charges, you may request to terminate the control by the Smart Contract of any of your Locked Tokens at any time. Upon termination, the relevant Locked Tokens locked in the Smart Contract Vault will be released, subject to the deduction of any fees and charges imposed by the blockchain networks or otherwise for these purposes.

36.              VIRTUAL ACCOUNT

36.1          The Group allows certain users to open a virtual account ("Virtual Account") under the main account opened by the Group with a Virtual Account Service Provider, allowing such users to deposit fiat monies into their Virtual Account for the purposes of transactions with the Group (including the other Services provided under this Clause 3.1, such as the settlement of Card Balances, cash withdrawals from ATMs and the Swap Transactions).

36.2         The Group has opened an main account with the Virtual Account Service Provider ("RedotPay Main Account"), which in turn opened bank account(s) with certain banking institutions. the Group will, for certain users, provide Virtual Account Services for allowing such users to deposit fiat monies (i.e. Virtual Account Deposits) into their Virtual Account for the purposes of transactions with the Group (including the other Services provided under Clause 3.1, such as the settlement of Card Balances, cash withdrawals from ATMs and the Swap Transactions) as Virtual Account Balance. For the avoidance of doubt, a Virtual Account is a ledger of the relevant Virtual Account Deposit attributable to a certain user under the RedotPay Main Account, and all Virtual Account Deposit attributable to a Virtual Account of a user shall not be used for the purpose of any other Virtual Account and you acknowledge, understand and accept that you shall have no recourse to any assets under the RedotPay Main Account other than those attributable to your Virtual Account. The RedotPay Main Account is segregated from the Group's own proprietary accounts The RedotPay Main Account will include all Virtual Account Deposits of all relevant users of the Services, but:

(a)                your Virtual Account will at all times be maintained in the account records of the Group; and 

(b)               your identity and your share of the Virtual Account Deposits in the RedotPay Main Account (as represented by your Virtual Account Balance) will be maintained in the records of the Group.

36.3         Your Virtual Account Deposits deposited in your Virtual Account as deposits paid to the Group, and accordingly the Virtual Account Service Provider. The Group has established a contractual relationship with the Virtual Account Service Provider to ensure the secure management of your Virtual Account Deposits. By using the Virtual Account, you confirm that you understand the inherent risks associated with using the Virtual Account, including but not limited to:

(a)                system risks: risks related to the operation and security of the Virtual Account Service Provider’s systems and platforms;

(b)               regulatory risks: risks associated with changing regulations and legal compliance of the Virtual Account Service Provider;

(c)                security risks: risks related to the potential loss or theft of Virtual Account Deposits due to cyberattacks or breaches by the Virtual Account Service Provider; and

(d)               operational risks: risks arising from operational failures, errors, or disruptions in the Virtual Account.

36.4         The Group has the right to give various instructions to the Virtual Account Service Provider for the purpose of settling your Card Balances or other transactions relating to the Services. Such instructions may include, but shall not be limited to, freezing, converting and transferring the Virtual Account Deposits in the Virtual Account as may be required for settlement purposes, as further described in Clause 25 above (among other provisions under these Terms). the Virtual Account Service Provider is obligated to act upon such instructions of the Group from time to time in accordance with the terms of their agreement.

36.5          The Group may select, evaluate, and if necessary, change the appointment of the Virtual Account Service Provider or add another Virtual Account Service Provider as a service provider from time to time at its sole discretion. Should the Group decide to make changes to the appointment of the Virtual Account Service Provider, you authorise the Group to transfer all or part the Virtual Account Deposits held in the Virtual Accounts to the new Virtual Account Service Provider for the purpose of continuing to use the Services, including the RedotPay Card.  

36.6         The Virtual Account Service Provider is responsible for the security of your Virtual Accounts Deposits held in the Virtual Accounts. The Group and its affiliates are not liable to you or any other person in respect of any losses, damages or liabilities (including but not limited to tax liabilities) associated with your Virtual Accounts or any Virtual Accounts Deposits held therein or otherwise caused by or attributable to the actions or omissions of the Virtual Account Service Provider. 

36.7          No interest will be paid to the users for Virtual Account Deposits maintained in the Virtual Account.

36.8         If you are using a Virtual Account in connection with the Services, including a RedotPay Card, you acknowledge that the Virtual Account Deposits in the Virtual Account will be managed by the Group, as outlined in these Terms, to ensure the proper functions of the Services, for security purposes and for compliance with Applicable Law.

36.9         The Virtual Account is not a deposit account and the Virtual Account Deposits (despite its name) held therein are not qualified for protection by the Deposit Protection Scheme (as referred to in the Deposit Protection Scheme Ordinance (Cap. 581 of the Laws of Hong Kong) in Hong Kong.

36.10      You acknowledge and/or warrant that:

(a)                the Group has the sole discretion to modify or make necessary arrangements in relation to the Virtual Account, including but not limited to modifying the RedotPay Main Account arrangement;

(b)               the Group is not acting as a trustee, fiduciary or escrow agent with respect to your Virtual Account Deposits;

(c)                you authorise the Group to freeze, convert and transfer your Virtual Account Deposits on your behalf as may be required under these Terms;

(d)               you are not a party to any agreement between the Group and the Virtual Account Service Provider, and you have no right to enjoy or enforce any benefit under such agreement; and

(e)                all Virtual Account Deposits deposited by you into the Virtual Account are of legal origin and in compliance with all Applicable Law.

37.              TOP-UPS TO YOUR CUSTODIAN WALLET OR SMART CONTRACT VAULT

37.1           To add virtual assets to your Custodian Wallet or to lock virtual assets in your Smart Contract Vault, you must adhere to the instructions provided on the App, the Site or the Smart Contract (as applicable). The Custodian Wallet and the Smart Contract Vault only accept Acceptable Tokens as valid forms of virtual assets for top-ups.

37.2          Each of the Group and (if you are using a Custodian Wallet in connection with the Services including a RedotPay Card) the Custodian has the right to conduct thorough KYC checks, KYT checks, AML/CTF checks and other due diligence checks on all virtual assets and transactions associated with your Custodian Wallet or your Smart Contract Vault (as the case may be). You are required to provide accurate and complete information and documentation upon request to facilitate these checks. 

37.3          If, at any point, the Group deems it necessary to freeze a portion, or all of, the virtual assets in your Custodian Wallet or the virtual assets locked in your Smart Contract Vault (as the case may be) in accordance with these Terms, you will be restricted from accessing or transacting with the affected assets until the freeze is lifted.

37.4          You hereby represent and warrant that all virtual assets used to top-up your Custodian Wallet or Smart Contract Vault (as applicable) are legally and beneficially owned by you, and are not subject to any liens, encumbrances or legal disputes. You also affirm that these assets are not derived from, nor connected with, any unlawful activities.

37.5          Each of the Group and the Custodian may refuse to accept a top-up of virtual assets to your Custodian Wallet or Smart Contract Vault (as applicable) at its sole discretion, especially if there are concerns regarding the legality or authenticity of the assets, or if the KYC, KYT, or AML/CTF checks or the due diligence checks on the assets are not satisfactorily completed.

37.6          You acknowledge and accept that the Group and the Custodian are obligated to report any suspicious activities or transactions to the relevant authorities, and you agree to fully cooperate with the Group, the Custodian and the relevant authorities in any resulting investigations.

37.7          You are responsible for ensuring that you only send Acceptable Tokens to the Custodian Wallet or otherwise lock Acceptable Tokens in the Smart Contract Vault. Any assets sent to the Custodian Wallet or locked in the Smart Contract Vault that are not Acceptable Tokens may be irretrievably lost.

38.              TOP-UPS TO YOUR VIRTUAL ACCOUNT

38.1          To add Virtual Account Deposits to your Virtual Account, you must adhere to the instructions provided on the App or the Site. The Virtual Account only accept acceptable Virtual Account Deposits as valid forms of fiats for top-ups.

38.2         Each of the Group and (if you are using a Virtual Account in connection with the Services including a RedotPay Card) the Virtual Account Service Provider has the right to conduct thorough KYC checks, KYT checks, AML/CTF checks and other due diligence checks on all Virtual Account Deposits and transactions associated with your Virtual Account. You are required to provide accurate and complete information and documentation upon request to facilitate these checks. 

38.3         If, at any point, the Group deems it necessary to freeze a portion, or all of, the Virtual Account Deposits in your Virtual Account in accordance with these Terms, you will be restricted from accessing or transacting with the affected assets until the freeze is lifted.

38.4         You hereby represent and warrant that all Virtual Account Deposits used to top-up your Virtual Account are legally and beneficially owned by you, and are not subject to any liens, encumbrances or legal disputes. You also affirm that these assets are not derived from, nor connected with, any unlawful activities.

38.5         Each of the Group and the Virtual Account Service Provider may refuse to accept a top-up of Virtual Account Deposits to your Virtual Account at its sole discretion, especially if there are concerns regarding the legality or authenticity of the assets, or if the KYC, KYT or AML/CTF checks or the due diligence checks on the assets are not satisfactorily completed.

38.6         You acknowledge and accept that the Group and the Virtual Account Service Provider are obligated to report any suspicious activities or transactions to the relevant authorities, and you agree to fully cooperate with the Group, the Virtual Account Service Provider and the relevant authorities in any resulting investigations.

38.7          You are responsible for ensuring that you only send Virtual Account Deposits to the Virtual Account. Any assets sent to the Virtual Account that are not acceptable Virtual Account Deposits may be irretrievably lost.

39.              WITHDRAWALS FROM YOUR CUSTODIAN WALLET OR RELEASE FROM YOUR SMART CONTRACT VAULT

39.1          You may from time to time withdraw your virtual assets from your Custodian Wallet or release virtual assets locked in your Smart Contract Vault to the extent they are not frozen or otherwise subject to any restriction on withdrawal or release in accordance with these Terms. You may also, from time to time, transfer your virtual assets from your Custodian Wallet or release virtual assets locked in your Smart Contract Vault to the Custodian Wallet or Smart Contract Vault of other users. Any such withdrawal, release or transfer shall be effected in accordance with such instructions and procedures as may be prescribed by these Terms or as may be set out on the App, the Site or the Smart Contract (as applicable).

39.2         You are responsible for ensuring the accuracy of the destination wallet address. The Group and (if you or the other users (in the case of a transfer) are using a Custodian Wallet in connection with a RedotPay Card) the Custodian shall not be liable to you or any other person in respect of any losses, damages or liabilities (including but not limited to tax liabilities) incurred as a result of any inaccurate or incompatible withdrawal addresses.

39.3         You will be responsible for any network fees or other charges applicable to any withdrawal, transfer or release of virtual assets from your Custodian Wallet or Smart Contract Vault (as applicable). Such fees or charges may be deducted from your Account, Custodian Wallet or Smart Contract Vault (as applicable) at the time of such withdrawal, transfer or release or may otherwise be charged to you separately. 

39.4         Each of the Group and (if you are using a Custodian Wallet in connection with a RedotPay Card) the Custodian shall be entitled to decline any withdrawal, transfer or release request for any reason whatsoever, including without limitation, for compliance of Applicable Laws.

39.5          Withdrawals, transfers and releases from the Custodian Wallet or the Smart Contract Vault will be subject to such applicable withdrawal, transfer or release limits as may be set by the Group and/or (if you are using a Custodian Wallet in connection with a RedotPay Card) the Custodian from time to time at their sole discretion.

40.             WITHDRAWALS AND TRANSFERS FROM YOUR VIRTUAL ACCOUNT

40.1          You may request that we deliver any fiat (i.e. Virtual Account Deposits) in your Virtual Account to a bank or similar account in the same name as you, either directly from the Virtual Account Service Provider, or through any Third Party Payment Providers, the selection of which is in our sole discretion depending on various factors, including without limitation, the prevailing fees, charges, location of your bank or similar account, etc. Unless otherwise agreed by us in our sole discretion and without any obligation to do so, no third party payments will be accepted. 

40.2         Withdrawal initiated by you provided through the Virtual Account Service Provider and/or Third Party Payment Providers are facilitated by the Group for your benefit and convenience. The Virtual Account Service Provider and/or the relevant Third Party Payment Provider, and not us, is responsible for providing the withdrawal service directly to you as its customer. Accordingly, the terms and conditions apply in relation to the Virtual Account Service Provider and/or any Third Party Payment Providers instructed through us. Any such withdrawal instructions you provide through us are provided by you to the Virtual Account Service Provider and/or the relevant Third Party Payment Providers. Under our arrangements with the Virtual Account Service Provider and/or the relevant Third Party Payment Providers, we act simply as a service provider to the Virtual Account Service Provider and/or the Third Party Payment Providers to enable the integration between the Virtual Account Service Provider and/or the Third Party Payment Providers' services and our Services (including through the App) and, to enable you to deal with the Virtual Account Service Provider and/or the relevant Third Party Payment Providers.  It is the Virtual Account Service Provider and/or the relevant Third Party Payment Providers that receives and processes any withdrawal instruction given by you through us.

40.3         You consent to us, the financial institution of your bank or similar account, the Virtual Account Service Provider and the relevant Third Party Payment Provider disclosing to each other your personal information (including for example your name, contact details and identification details) and the transaction details (including but not limited to the recipient details and transaction amount) for the purposes of the withdrawal through us. 

40.4         You also consent and agree to us providing your updated details (including your name, contact details and identification details) to the financial institution of your bank or similar account, the Virtual Account Service Provider and the relevant Third Party Payment Provider whenever you update your details with us or we otherwise become aware that your details have changed.

40.5         Collection, use and handling of your personal information by the financial institution of your bank or similar account, the Virtual Account Service Provider and the relevant Third Party Payment Provider is subject to that that party's terms and conditions and privacy policy.

40.6         When you make an withdrawal request through us: (a) you are instructing the Virtual Account Service Provider and/or through the relevant Third Party Payment Provider to process the transfer and must provide all the relevant information requested as directed through us; and (b) you authorise us to debit the amount of Virtual Account Deposit necessary to complete the transfer from your Virtual Account Balance and to pay it to your bank or similar accounts directly from the Virtual Account Service Provider or through the relevant Third Party Payment Provider on your behalf.

40.7         You must notify us immediately if you did not authorise a withdrawal related to a debit of your Virtual Account Deposit to your Virtual Account.

40.8         We may set, vary or remove any limits on the withdrawal amount, frequency of withdrawal or other features relating to withdrawal.

40.9         Your liability and rights in relation to your withdrawal instruction through us to the Virtual Account Service Provider and/or the relevant Third Party Payment Provider is determined in accordance with the terms and conditions of the Virtual Account Service Provider and/or the relevant Third Party Payment Provider.

40.10     If your relevant bank or similar account or the relevant Third Party Payment Provider returns any funds to us we will return the funds to your Virtual Account and re-credit it to the Virtual Account Balance.

40.11      To the maximum extent permitted by Applicable Laws, we will not be liable to you for any loss or damage you suffer as a result of linking to or accessing the services of the Virtual Account Service Provider and/or the Third Party Payment Providers or instructing any withdrawal through us. For the avoidance of doubt, we shall not be responsible to you for deficiencies in the provision of the Virtual Account Service Provider's and/or the Third Party Payment Providers' services or the manner in which these services are provided, and any direct or indirect loss or damage to you suffered as a consequence.

40.12     We may suspend your access to your withdrawal services with the Virtual Account Service Provider and/or any Third Party Payment Providers through us at any time for any reason, including if you are suspected of acting in a fraudulent or illegal manner. Us doing so will not affect your rights and obligations in respect of the Virtual Account Service Provider and/or the relevant Third Party Payment Providers. We are not required to notify you before we suspend the access of the Virtual Account Service Provider and/or Third Party Payment Providers' services but will notify you within a reasonable period after we do so. We may also notify the Virtual Account Service Provider and/or the relevant Third Party Payment Providers.

40.13      We reserve the right to charge a handling fee in relation to the processing of any aspect of the withdrawal set out in our prevailing relevant fee schedules, the App and the Site.  You authorise us to debit any handling fee and any other costs and expenses then due and payable by you from the withdrawal proceeds and/or your Virtual Account Balance.

40.14     We may vary any of these Terms applicable to the withdrawal, at any time by notice without giving reasons.  We will notify you of a variation through our designated communication channels or in any other manner that we consider appropriate. To the extent that it is within our control to do so, we will give you at least 30 calendar days’ prior notice (or such other notice period as permitted under Applicable Laws) of a change to any terms affecting any fees or charges, or your liabilities or obligations applicable to the withdrawal. If you still use the withdrawal services prior to the effective date of a variation, then you will be bound by such variation accordingly.

40.15      Subject to the other provisions of these Terms (including in particular this Clause 40) applicable mutatis mutandis, you may also request that we deliver any Virtual Account Deposits in your Virtual Account to a Virtual Account of another user with an Account with the Group. In particular, when you make an transfer request through us: (a) you are instructing the Virtual Account Service Provider to process the transfer and must provide all the relevant information requested as directed through us; and (b) you authorise us to debit the amount of Virtual Account Deposit necessary to complete the transfer from your Virtual Account Balance and to pay it to the Virtual Account of another user on your behalf.

41.               WALLET BALANCE, SMART CONTRACT VAULT BALANCE AND SETTLEMENT OF CARD BALANCES AND OTHER TRANSACTIONS

41.1           Your Wallet Balance in the Custodian Wallet or your Smart Contract Vault Balance in the Smart Contract Vault (as applicable) may be subject to minimum or maximum limits set by the Group or the Custodian, as detailed on the App or the Site. These limits may be adjusted at the sole discretion of the Group or the Custodian.

41.2          You authorise the Group to, following a Card Transaction or a transaction under any Services, deduct necessary virtual assets from your Wallet Balance or Smart Contract Vault Balance (as applicable) and convert it into any stablecoins or fiat currencies at the discretion of the Group for settling the relevant Card Balances or other transactions in accordance with these Terms. For further details, please refer to Clause 25 above (among other provisions under these Terms). You also authorise the Group to deduct from your Custodian Wallet or Smart Contract Vault (through the Smart Contract) such fees or expenses associated with any regulatory or risk management action taken by the Group at its sole discretion in compliance with Applicable Law or to safeguard your virtual assets. 

41.3          The Group expressly reserves the right to manage the virtual assets in your Custodian Wallet or the Locked Tokens in your Smart Contract Vault (as the case may be) for the purposes of the final settlement of any Card Balances or any transactions under any Services, which may include freezing the assets, converting them into any relevant stablecoin or fiat currency or imposing limits on the amounts that can be frozen or converted, to ensure compliance with these Terms and facilitate the settlement of your Card Balances or any transactions under any Services.

41.4          Deductions from your Wallet Balance or Smart Contract Vault Balance (as applicable) or conversions of your virtual assets in your Custodian Wallet or Smart Contract Vault (as applicable) into stablecoins or fiat currencies may incur fees, including but not limited to, transaction fees, third-party service fees and network fees, any potential foreign exchange variations, customary industry-type variances and other applicable charges. 

41.5           The Group will provide notification through the App or the Site of any asset freeze or conversion action taken on your Account, including details of the amount of virtual assets affected and the exchange rate applied.

41.6          You accept sole responsibility for any consequences arising from the freeze, deduction or conversion of your virtual assets in your Custodian Wallet or Smart Contract Vault (as applicable) by the Group or otherwise, and acknowledge that the Group will not be responsible for any losses, damages or liabilities (including but not limited to tax liabilities) incurred as a result of these actions.

42.              VIRTUAL ACCOUNT BALANCE AND SETTLEMENT OF CARD BALANCES AND OTHER TRANSACTIONS

42.1          Your Virtual Account Balance in the Virtual Account may be subject to minimum or maximum limits set by the Group or the Virtual Account Service Provider, as detailed on the App or the Site. These limits may be adjusted at the sole discretion of the Group or the Virtual Account Service Provider.

42.2         You authorise the Group to, following a Card Transaction or a transaction under any Services, deduct necessary Virtual Account Deposits from your Virtual Account Balance and, if applicable, convert it into any stablecoins or virtual assets, at the discretion of the Group for settling the relevant Card Balances or other transactions in accordance with these Terms. For further details, please refer to Clause 25 above (among other provisions under these Terms). You also authorise the Group to deduct from your Custodian Wallet or Smart Contract Vault (through the Smart Contract) such fees or expenses associated with any regulatory or risk management action taken by the Group at its sole discretion in compliance with Applicable Law or to safeguard your virtual assets. 

42.3         The Group expressly reserves the right to manage the Virtual Account Deposits in your Virtual Account for the purposes of the final settlement of any Card Balances or any transactions under any Services, which may include freezing the assets, converting them into any relevant stablecoin or virtual assets or imposing limits on the amounts that can be frozen or converted, to ensure compliance with these Terms and facilitate the settlement of your Card Balances or transactions under any Services.

42.4         Deductions from your Virtual Account Balance or conversions of your Virtual Account Deposits in your Virtual Account into stablecoins or virtual assets may incur fees, including but not limited to, transaction fees, third-party service fees and network fees, any potential foreign exchange variations, customary industry-type variances and other applicable charges. 

42.5          The Group will provide notification through the App or the Site of any asset freeze or conversion action taken on your Account, including details of the amount of Virtual Account Deposits affected and the exchange rate applied.

42.6         You accept sole responsibility for any consequences arising from the freeze, deduction or conversion of your Virtual Account Deposits in your Virtual Account by the Group or otherwise, and acknowledge that the Group will not be responsible for any losses, damages or liabilities (including but not limited to tax liabilities) incurred as a result of these actions.