PART E. OTHER THIRD PARTY SERVICES

 

This Part E only applies to Other Third Party Services. 

43.              OTHER THIRD PARTY SERVICES - GENERAL

43.1          In addition to Custodian Wallet, Self-Custody Wallet and Smart Contract Vault, and Virtual Account, the Group may facilitate and allow, in its sole discretion, certain services ("Other Third Party Services") to be linked or otherwise provided by with third party services providers (the "Third Party Service Providers") and integrated in the App, from time to time.

43.2         The Other Third Party Services initiated by you provided through Third Party Service Providers are facilitated by the Group for your benefit and convenience. 

43.3         If you have an account directly with the Third Party Service Providers ("TPSP Account"), you can link to and access your TPSP Account and instruct the relevant Third Party Service Provider in relation to Other Third Party Services on your behalf through the App, rather than accessing your TPSP Account in other ways.

43.4         The relevant Third Party Service Provider, and not us, is responsible for providing the Other Third Party Service directly to you as its customer. Accordingly, the terms and conditions apply in relation to any Third Party Service Providers instructed through us. You may find the terms and conditions of the relevant Third Party Service Providers on their website.

43.5          If you create a TPSP Account through us, you are contracting directly with the Third Party Service Provider, and not us, in relation to the TPSP Account. Any Other Third Party Service instructions you provide through us are provided by you to the Third Party Service Provider.

43.6         Under our arrangements with the relevant Third Party Service Providers, we act simply as a service provider to the Third Party Service Providers to enable the integration between the Third Party Service Providers' services and our Services (including through the App) and, to enable you to deal with the relevant Third Party Service Providers, and create and/or access your TPSP Account conveniently through us.  It is the relevant Third Party Service Providers that receives and processes any withdrawal instruction given by you through us, from your TPSP Account.

43.7          If you create a TPSP Account with the relevant Third Party Service Provider through us, you consent and agree to us in disclosing your personal information (including for example your name, contact details and identification details) and the transaction details (including but not limited to transaction amount) to the Third Party Service Provider for the purpose of creating your TPSP Account and providing its services to you. You will not be able to login to your TPSP Account directly from the Third Party Service Provider but can only use the relevant Other Third Party Services we made available through App in relation to that Third Party Service Provider.

43.8         If you link to and access an existing TPSP Account through us, you consent to us and the relevant Third Party Service 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 transaction amount) for the purposes of linking and providing you with access to your TPSP Account through us. You can still access to  your existing TPSP Account through the relevant Third Party Service Provider after linking to the App.

43.9         If you have access to a TPSP Account through us (whether you created it through us or not), you consent and agree to us providing your updated details (including your name, contact details and identification details) to the relevant Third Party Service Provider whenever you update your details with us or we otherwise become aware that your details have changed.

43.10      Collection, use and handling of your personal information by the relevant Third Party Service Provider is subject to that Third Party Service Provider's terms and conditions and privacy policy.

43.11       When you utilise the Other Third Party Services through us: (a) you are instructing us directly or through the relevant Third Party Service Provider to process the Other Third Party Service and must provide all the relevant information requested as directed through us; and (b) you authorise us to debit or credit the amount necessary to complete the transaction from your Account (including the Custodian Wallet, the Self-Custody Wallet (subject to the Smart Contract Vault) and/or Virtual Account) on your behalf.

43.12      Where applicable, you must ensure that there are sufficient available fiat and/or Acceptable Tokens in your Account to process the debit relating to any instruction you give to the relevant Third Party Service Provider through us and that the information you provide in relation to the Other Third Party Service is correct.

43.13      You acknowledge and accept that we are not obliged to transfer any fiat and/or Acceptable Tokens to the Third Party Service Provider on your behalf if there are not sufficient available funds in your Account or we consider, acting reasonably, that not processing the Other Third Party Service is necessary to avoid us or you suffering loss or to avoid a breach of any Applicable Laws.

43.14      You must notify us immediately if you did not authorise a transaction relating to an Other Third Party Service related to a debit to your Account.

43.15      We may set, vary or remove any limits on the amount relating to the Other Third Party Services, frequency of Other Third Party Services or other features relating to the Other Third Party Services.

43.16      Your liability and rights in relation to your Other Third Party Service instruction through us to the relevant Third Party Service Provider is determined in accordance with the terms and conditions of the relevant Third Party Service Provider.

43.17      If the relevant Third Party Service Provider returns any funds to us we will return the funds to your Account.

43.18      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 creating a TPSP Account, linking to or accessing the Other Third Party Service or instructing any Other Third Party Service through us. 

43.19      The Other Third Party Services are carried out solely by the relevant Third Party Service Providers. For the avoidance of doubt, we shall not be responsible to you for deficiencies in the provision of the Other Third Party Services or the manner in which these services are provided, and any direct or indirect loss or damage to you suffered as a consequence.

43.20     We may suspend your access to the TPSP Account or the Other Third Party Services with any Third Party Service 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 relevant TPSP Account or Third Party Service Provider. We are not required to notify you before we suspend the access of Other Third Party Services but will notify you within a reasonable period after we do so. We may also notify the relevant Third Party Service Providers.

43.21      We reserve the right to charge a handling fee in relation to the processing of any aspect of the Other Third Party Services 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 proceeds of the Other Third Party Services and/or any of your Account.

43.22     We may vary any of these Terms applicable to the Other Third Party Services, 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 Other Third Party Services. If you still use the Other Third Party Services prior to the effective date of a variation, then you will be bound by such variation accordingly.

43.23     The Other Third Party Services will be terminated upon the earlier of: (a) any termination or closure of your Account; (b) our termination by notice to you through our designated channels; (c) suspension of the Other Third Party Services for 12 consecutive months or such other period as determined by us from time to time. You remain responsible for performing and discharging all of your obligations and liabilities to us that are created or accrued before termination.

43.24     We may suspend the creation and/or linkage to TPSP Account, and submission of Other Third Party Service transactions instructions from your Account and/or terminate the Other Third Party Service transaction (in whole or in part) with immediate effect at any time without  prior notice if: (a)your Account is suspended or closed for whatever reason; or (b) we determine at our discretion that such suspension is required by any Applicable  Laws, or to comply with our internal policies and procedures.