User Agreement

Important Notice

- This User Agreement (hereinafter referred to as the “Agreement”) is made by Wancloud Limited and its affiliates (hereinafter referred to as “HashKey Cloud Company” or “we” or “us”) to the User (or referred to hereinafter as “You”) setting out the terms in relation to our products and services.

- We hereby remind you to read each clause of this Agreement carefully, including those disclaimers and terms which limit the labilities of HashKey Cloud Company and the restrictions on the User’s rights. Unless you have accepted the terms of this Agreement, you have no right to use the product(s) or service(s) under this Agreement.

- By accessing or using our relevant products and services, you shall be deemed as accepting and agreeing to be legally bound by each clause of this Agreement.

- This Agreement shall be read in conjunction with (and subject to) any other agreement between yourself and us and any additional terms and conditions where applicable. To the extent of any inconsistency with this Agreement, the terms of any specific product, service or transaction apply to that product, service or transaction and any matters connected with it.

1. Definitions

2. General

2.1 All rights of relating to the Services and its associated website(s), including without limitation its ownership, intellectual property rights, etc., shall belong to HashKey Cloud Company. In using the Services, the User shall be bound by this Agreement as well as the specific agreements, terms of service and operational rules relating to the product and services and the corresponding User’s agreement of third-party software and services (if any) and by the latest versions of the foregoing.

2.2 This Agreement governs the provision of the Services. To access and use the Services, you will have to voluntarily accept this Agreement. If you do not agree with this Agreement, you are expressly prohibited from using the Services and must discontinue use immediately. We reserve the right, in our sole discretion, to make changes or modifications to this Agreement at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of this Agreement, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review this Agreement to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Services after the date such revised Terms is posted.

2.3 Unless otherwise specified: (a) the ownership and the operating rights of these Services and the right to release and revise any rules of these Services shall all belong to HashKey Cloud Company; (b) the rights and obligations that the website associated with the Services has towards its Users shall be enjoyed or undertaken by HashKey Cloud Company; (c) HashKey Cloud Company also has the right to supervise, remind and check all online activities of the Users; (d) in the event that any behaviour of the User violates any Laws, Regulatory Rules or this Agreement, HashKey Cloud Company shall be entitled to require the User to correct and reserve the right to pursue such User’s liability.

3. Reserved Rights

3.1 We reserve the right, at any time, temporarily or permanently, in whole or in part, without prior notification and without incurring any liability to you, to: modify, suspend or discontinue the HashKey Cloud Services; restrict or modify access to the HashKey Cloud Services; and modify and/or waive any charges in connection with the HashKey Cloud Services. Our grounds for terminating access to the HashKey Cloud Services may include, but are not limited to, any breach of this Agreement, including without limitation, if we, in our sole discretion, believe that you, at any time, fail to satisfy the eligibility requirements or if you are otherwise in breach of this Agreement. Specifically for the display of node-related data via dashboard feature on this Website, our grounds for termination or discontinue the Services shall include the lack of publicly available node data on third party websites, including that of beacon chain. Further, we reserve the right to limit or restrict access to the HashKey Cloud Services by any person or entity, or within any geographic area or legal jurisdiction, at any time and in our sole discretion. We will not be liable to you for any losses or damages you may suffer as a result of, or in connection with, the HashKey Cloud Services being inaccessible to you at any time or for any reason.

4. Risk Disclosure

4.1 By accessing or using the Services, you represent and acknowledge that you understand that cryptographic and blockchain-based systems have inherent risks to which you are exposed and that you have a working knowledge of the usage and intricacies of blockchain-based digital assets. You further understand that the market value of blockchain-based digital assets may be highly volatile due to factors that include, but are not limited to, adoption, speculation, technology, security and regulation. You acknowledge that the cost and speed of transacting with blockchain networks are variable and may increase or decrease drastically at any time. You hereby acknowledge and agree that we are not responsible for any of these variables or risks and cannot be held liable for any resulting losses that you experience while accessing or using the Services. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using HashKey Cloud Service or the blockchain or otherwise holding cryptocurrencies. Additionally, you expressly waive and release us from any and all liability, claims, causes of action, or damages arising from or in any way relating to your access to and use of the Services.

4.2 Prior to using the Services, you acknowledge that you have conducted such investigation and analysis regarding services and the underlying technology relating to HashKey Cloud Service as you deem appropriate. To the extent that you deem necessary, you should consult your professional advisers (i) to ascertain the suitability of HashKey Cloud Service according to your needs and risk preference; and (ii) the risks associated with digital assets or the relevant blockchains. Users shall carefully and rationally choose to hold or dispose of any digital assets according to their financial status and risk preference.

4.3 All information provided in connection with HashKey Cloud Service or the Services is for informational purposes only and should not be construed as professional advice. You should not take any action based solely on any information that we make available at any time, including, without limitation, market data, onchain transaction data, term sheets, press releases, articles, links to third-party content, and videos. Before you make any financial, legal, or other decisions involving HashKey Cloud Service or the Services, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate.

4.4 The information provided by us on this website or the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to Laws or Regulatory Rules or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local Laws, if and to the extent that local Laws are applicable.

4.5 Risks are involved in using any Internet based digital assets service including but not limited to the failure of software, hardware and Internet connection. As we cannot control the reliability and availability of Internet, we shall not be liable for any relevant malfunction, distortion, delay and connection failure.

4.6 This Agreement is not intended to, and do not, create or impose any fiduciary duties on us. To the fullest extent permitted by Law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party in relation to the Services or the digital assets deployed as part of the Services, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that we owe you are those set forth expressly in this Agreement.

4.7 It is strictly prohibited to use the Services for any illegal activity such as money laundering, smuggling, commercial bribery and other illegal activities. Once such events are discovered, we shall have the right to adopt any available means including but not limited to restriction/termination of service, freezing the account and notifying relevant authorities. We shall assume no responsibilities arising thereof and shall reserve the right to take actions against relevant personnel for liabilities.

5. User Eligibility

5.1 The Services may not have been registered or qualified under the applicable laws of any jurisdiction anywhere in the world. They are being offered only in jurisdictions where such registration or qualification is not required, including pursuant to applicable exemptions that generally limit the users who are eligible to subscribe for such products and services. No action has been taken to permit the offer, sale, promotion or distribution of the Services or any related products and/or services in any jurisdiction where action for that purpose is required. Prospective users are required to inform themselves about, and to observe any restrictions relating to, the Services or any related products and/or services in their respective jurisdictions. You are not allowed to access or use the Services if you are located, incorporated or otherwise established in, or a citizen or resident of such jurisdiction where the publication or availability of the Services is prohibited or contrary to local law or regulation, or could subject any member of the Company to any local registration or licensing requirements (together, the “Restricted Jurisdictions”). We may, in our sole discretion, implement controls to restrict access to the Services in any of the Restricted Jurisdictions. If we determine that you are accessing the Services from any Restricted Jurisdiction or have given false representations as to your location of incorporation, establishment, citizenship or place of residence, we reserve the right to close any of your accounts immediately and liquidate any open positions. The User shall represent and warrant that he/it: (i) does not come from any Restricted Jurisdictions, (ii) is not located in, under the control of, or a citizen or resident of the Restricted Jurisdictions. Persons from the Restricted Jurisdictions are not allowed to use the Services, and such restriction shall apply to citizens or residents of other countries located in the Restricted Jurisdictions as well. This website may be accessed in the Restricted Jurisdictions, or may display official languages of the Restricted Jurisdictions, but this cannot be regarded as any User having obtained permission to use our products and services in such Restricted Jurisdictions. Any attempts to bypass restrictions, such as covering or changing their true location by using a virtual private network, proxy, or similar service, or otherwise providing false or misleading information about their identity, address, or residential address, or through the use of the Services by third parties and the use of our Services on behalf of third parties in the Restricted Jurisdictions is a violation of this Agreement. If this is true, or if we have reasonable grounds to suspect that the User is from the Restricted Jurisdictions, we reserve the right to suspend or restrict the User’s access in accordance with relevant Laws and Regulatory Rules without prior notice.

5.2 The User represents and warrants that he/it: (i) (if a natural person) is of legal age to form a binding contract (at least 18 years old); or (if a corporate entity) is duly incorporated and validly existing in its jurisdiction, and have full civil power and authority to enter into binding agreements, to accept this Agreement and in doing so he/it will not violate any other agreement to which he/it is a party; (ii) all information provided by the User to us is true, accurate, and complete; (iii) User’s use of the Services will fully comply with all applicable Laws and Regulatory Rules and will not be used for illegal or immoral purposes; (iv) the User’s access or use of the Services must comply with the certification requirements of the legal entity represented by the User, any other contract obligations and restrictions undertaken by such legal entity, and related laws and regulations, and shall not infringe or harm the rights of any other person; (v) the User agrees to abide by all Laws and Regulatory Rules in his/its jurisdiction including but not limited to, reporting transactions or tax profits.

6. User Information

7. User Rules and Fees

8. Legal Liability and Disclaimer

8.1 We will endeavor to maintain all the products and services provided by us but we do not guarantee the security and convenience of such products and services. To the maximum extent permitted by Laws, we will not be liable for any failure to delete or store any information (including without limitation information released/stored by the User, account address, and information data) relevant to our services.

8.2 If using the products and services provided by us involves Internet services, such use may be affected by factors of instability in various sectors. There existing those risks such as interruption of the use, failure to meet the requirement of the User, or losses of Users’ digital assets as a result of force majeure (including without limitation war, earthquake, lightning strikes, floods, fires, government actions, technical control by telecom departments), computer virus, hacking, system instability, location of the User, shutdown of computers, and any Internet, technical and communications lines; Users shall understand those foregoing risks and bear all the losses therefrom himself/itself while we will not assume any responsibilities.

8.3 If the User suffers any losses as a result of any reason arising from or related to a third party, such as relying on content provided by any party, breakdown of any third party’s (such as the telecom operators’) communication lines, technical issues, networks, computer failures, computer virus, hacking, system instability, or any other force majeure (including without limitation war, earthquake, lightning strikes, floods, fires, government actions, technical control by telecom departments), we will not be responsible for such losses.

8.4 We take reasonable measures but do not make any explicit or implicit guarantee for the use of our services by the Users, including but not limited to the applicability, free of error or omission status, sustainability, accuracy, reliability, and being suitable for a certain purpose of the services. We do not make any representation and guarantee on the validity, accuracy, correctness, reliability, quality, stability, completeness and timeliness of the technologies and information involved in the services. It is the User’s personal decision to access or use the services and the User shall solely bear all risks and any possible losses.

8.5 Information provided by the User being untrue or not updated in time may give rise to a failure in performance of the obligations by the website to the User according to this Agreement, and all legal consequences arising therefrom (including any losses of the User or the website or any third party during the User’s use of the products or services provided) shall be solely borne by the User while we shall not be held liable for such consequences.

8.6 If any breach by the User of any provision of this Agreement results in or causes this website or its partners or its affiliates being claimed by any third party for any claims, demands or losses (including reasonable costs of litigation and attorneys’ fees), the User shall indemnify HashKey Cloud Company and its partners or its affiliates for all losses relating to the liabilities arising therefrom.

8.7 While we have taken reasonable efforts to ensure that all the information on our website is correct, we neither warrant nor make any representations regarding the quality, correctness, accuracy or completeness of any data, information or service provided pursuant to this website in relation to the Services. We shall not be responsible nor liable for the delay or inability to use the Services or related functionality, the provision of or failure to provide functionalities, or for any information, software, functionality and related graphics obtained through this website, or otherwise arising out of the use of the Services, whether based on contract, tort, negligence, strict liability or otherwise.

8.8 To the extent permitted by Law, we do not waive any rights that are not mentioned herein to restrict or neutralise our liability or exempt us from liability for damage.

8.9 HashKey Cloud Company makes no representations or warranties regarding the amount of time needed to complete processing of any transaction as part of the Services which is dependent upon many factors outside of our control. We will make reasonable efforts but we make no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control. Except for the express statements set forth in this Agreement, you hereby acknowledge and agree that you have not relied upon any other statement or understanding, whether written or oral, with respect to your use and access of the Services.

8.10 If required by laws and regulations or in cooperating with regulatory investigation, or in the event that any User’s infringement of other User’s right or the right of any third party or any other wrongdoings result in a claim or suit against an HashKey Cloud Company, we may in our sole discretion provide the User’s information to the court at the request of the court or the law enforcement agency without the User’s prior consent or any notice to the User.

8.11 The User hereby undertake to indemnify and hold the website and its partners and its affiliates harmless against any or all direct or indirect losses, damages (including, without limitation, fines and penalties imposed by any government or court and any tangible and intangible damages), fees or expenses (including without limitation legal and other professional’ costs) arising from any violation of this Agreement by the User, irrespective of when such losses, damages, fees or costs occur and whether such losses, damages, fees or expenses are based on any claims brought by any third party or resulting from any other forms.

8.12 The Services and/or related content are provided to you on an “AS IS” or “AS AVAILABLE” basis with no further promises made by us about the availability of the Services. To the maximum extent permitted by Law, we disclaim any representations and warranties of any kind, whether express, implied, or statutory, including, but not limited to, the warranties of merchantability and fitness for a particular purpose. You acknowledge and agree that your access and use of the Services is at your own risk. We do not represent or warrant that access to the Services or to our website will be continuous, uninterrupted, timely, or secure; that the information provided to you (including historical price data or the Conversion Rate) will be accurate, reliable, complete, or current; or that Services will be free from errors, defects, viruses, or other harmful elements, any errors or defects in the Services will be corrected, and/or the credentials or description of any products offered by third parties are accurate, complete or reliable. No advice, information, or statement that we make should be treated as creating any warranty concerning the relevant blockchains or the Services. We do not endorse, guarantee, or assume responsibility for any advertisements, offers, or statements made by third parties concerning the Services. Any materials, information, view, opinion, projection or estimate presented via our website is made available by HashKey Cloud Company for informational purposes only and is subject to change without notice. You must make your own assessment of the relevance, timeliness, accuracy, adequacy, commercial value, completeness and reliability of the materials, information, view opinion, projection or estimate provided on our website and/or our website. Accordingly, no warranty whatsoever is given by HashKey Cloud Company and no liability whatsoever is accepted by HashKey Cloud Company for any loss arising whether directly or indirectly as a result of you acting on any materials, information, view, opinion, projection or estimate provided in or made available through our website and/or our website. The Services and any associated websites or websites are not intended to provide any investment, tax or legal advice or to make any recommendations about the suitability of any investments or products for any particular investor. You should seek your own independent financial, legal, regulatory, tax or other advice before making an investment in the investments or products. In the event that you choose not to seek advice from a relevant adviser, you should consider whether the investment or product is suitable for you. HashKey Cloud Company makes no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control. We will make reasonable efforts to ensure that requests for blockchain transfers, electronic debits and credits involving bank accounts, credit cards, and cheque issuances are processed in a timely manner, but we make no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control. Except for the express statements set forth in this Agreement, you hereby acknowledge and agree that you have not relied upon any other statement or understanding, whether written or oral, with respect to your use and access of the HashKey Cloud Company services and website.

8.13 HashKey Cloud Company is neither the issuer of any digital assets nor the owner or operator of any blockchains. Accordingly, HashKey Cloud Company makes no representation, undertaking or guarantee as to the characteristics or the value of the digital assets or any associated rewards or return. In using the Service, you acknowledge and agree that in no event will HashKey Cloud Company be liable or responsible for any losses in relation to your use of the Services or any loss of profits, loss of opportunity, or special, incidental, indirect, consequential or punitive damages whatsoever.

8.14 If any aspect of the Services does, in the reasonable opinion of any HashKey Cloud Company might, breach any Laws or Regulatory Rules, we reserve the right to perform or not perform any action in connection with the Services to avoid any such breach occurring immediately without providing any notice to the Users and without incurring any liability howsoever arising to the Users.

8.15 We do not endorse any content submitted to the Services by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with content. We do not permit copyright infringing activities and infringement of intellectual property rights on the Service, and we will remove any content if properly notified that such content infringes on another's intellectual property rights. We reserve the right to remove content without prior notice.

9. Third-Party Content and Services

9.1 We may provide Users with the relevant information, content or services from a third-party (including content generated by other users on this website). We will not be responsible for your reliance or use of such third-party information, content or services or your relationship with such third party. If you suffer any losses due to such third-party content or services or you have any dispute with the third party, you agree to resolve the dispute with such third party yourself that will not involve us, and you shall not bring any claims against us.

9.2 Although we use commercially reasonable efforts in selection of third parties, we cannot control or guarantee the authenticity, legality and accuracy of all third-party information, nor can we control or guarantee the quality, serving capabilities and sustainability of third-party content or services, and the ability of third parties to perform their obligations under the corresponding service agreements. For any losses arising from any quality defect of the content or services provided by any third party or from any delay or interruption in the services, we shall not be liable for any consequences resulting therefrom.

9.3 We will not be responsible for the legality, accuracy or reliability of any content submitted to us or transmitted or displayed by our services or links (including any content provided by any User or cooperating third party), nor will we give any endorsement, support or assurance. Any risk arising from your reliance on or use of the content obtained from our products or services shall be on your sole responsibility. We shall not be liable for any direct or indirect loss that you may suffer as a result of your use or reliance on the content of any linked websites or resources. Your use of our products or services does not empower you any rights of the content obtained from such products or services.

9.4 We may review (but we do not promise to review) the third-party content or services provided by this website to determine whether the forgoing content or services comply with our policies, applicable Laws and Regulatory Rules. If any content or third-party services infringe intellectual property rights, or are indecent, defamatory or rough, or violate any legal rights of any third party, or give rise to any risks to the security or operation of this website, we are entitled to remove or restrict the access to those forgoing content or services.

9.5 The third-party content and services displayed on this website may be subject to other terms, such as the terms of relevant third party who originally made or created such content or services. Using such third-party content and services means that you agree to be bound by any further terms and rules if being notified.

10. Electronic Notices

It is the User’s responsibility to guarantee that his/its email address, mobile phone number and/or other electronic communication method provided to us is true and effective, so that we can communicate with the User electronically. The User understands and agrees that if we send him/it an electronic communication but the User does not receive it because his/its email address, mobile phone number or electronic communication method on file is incorrect, out of date, blocked by his/its service provider, or he/it is otherwise unable to receive electronic communications, we will be deemed to have provided the communication to him/it. Please note that if the User uses a spam filter that blocks emails from senders not listed in his/its email address book, he/it must add us to his/its email address book so that he/it will be able to receive the communications we send to him/it. If the User’s email address or mobile phone number becomes invalid such that electronic communications sent to him/it by us are returned, we may deem his/its account to be inactive, and he/it may not be able to complete any transaction.

11. Privacy Policy

All policies regarding the collection, storage and use of personal and other information in relation to the User’s access and use of the website are included in our Privacy Policy, which is an integral part of this Agreement. The latest vision of Privacy Policy can be viewed on our website.

12. Anti-Money Laundering

12.1 We are committed to providing Users with safe, compliant, and reputable services; therefore, we insist on carrying out necessary due diligence and continuous analysis and reporting against Users. Your access to the Services is subject to the us carrying out assessment and processes for satisfaction of KYC and AML Obligations. You agree to promptly provide to the us such information, documentation and authorisation as we may from time to time require, and you shall also promptly notify the us in writing of any change in any information, documentation or authorisation provided. Where incomplete or suspicious information are provided, we reserve the right to reject, suspend or terminate the Services.

12.2 We reserve the right to refuse registration or access of the User at any time for any reason (or no reason), or prohibit the User from using the Services, or terminating the relationship with the User. Without prejudice to the generality of the foregoing provisions, applicable conditions of the foregoing provisions include, but are not limited to, persons originating from or residing in a country that does not comply with the international money laundering/counter-terrorism financing standards stipulated by Financial Action Task Force (“FATF”), or considered as politically exposed persons under the FATF’s anti-money laundering recommendations, or persons who fail to meet our standards of user due diligence, inquiry or request. We may use enhanced due diligence process whereby we may request that you submit additional information about yourself or your business, provide relevant records, and arrange for meetings with our staff so that we may, among other things, establish the source of your wealth and source of funds for any transactions carried out in the course of your use of the Services.

13. Modification and Amendment to this Agreement

13.1 HashKey Cloud Company has the right to unilaterally modify, if necessary, the terms of this Agreement. The modification made by HashKey Cloud Company to this Agreement shall come into effect automatically upon the effective date specified in its online announcement or system upgrade reminder. When using the Services, you must check and read the amendments in a timely manner and shall consciously abide by the provisions of this Agreement. If you do not agree to the modifications, you must immediately stop accessing or using the products and services provided by the website.

13.2 We reserve the right to modify or discontinue the Services at any time without notice to the User. We may from time to time (and to the extent permitted by applicable Laws) add, change or delete the functional items (including the free provision of a Service) of the website, or suspend or terminate a service completely, without being held responsible for the User or any third party.

14. Suspension and Termination of Services

14.1 If the User commits any act which violates any Laws or Regulatory Rules or breaches any terms of this Agreement, we have the right to immediately terminate the provision of services. If we determine, at our discretion, that the User has committed other improper conduct during his/its use of the Services, we have the right to terminate the provision of the Services without any explanation.

14.2 If the User provides false identity information or fraudulently uses other person’s name to access or use this website, or conducts any activities in breach of any of this Agreement, we have the right to suspend the provision of all or part of the services to the User and immediately cancel the User’s account without prior notice, in which case all legal responsibilities resulted therefrom shall be borne by the User.

14.3 We reserve the right to change, suspend or terminate the Services at any time without notice to the User. We shall not be liable for compensating or indemnifying the User or any third party in any way for such change, suspension or termination.

14.4 If the Services are terminated or suspended for reasons attributable to Laws, telecommunications service providers, third-party technical issues, hacking or other force majeure event (including without limitation war, earthquake, lightning, flood, fire, government actions and technical control by telecommunications departments), we shall not be liable for compensating or indemnifying the User or any third party in any way for such suspension or termination.

14.5 After termination of services, we will only retain and use user data in accordance with this Agreement. If we suspend or terminate a service or we terminate the User’s access to the Services, there is no guarantee that we can return any of the User’s data to the User, and we may permanently delete User’s data without notice at any time after termination of the Services.

15. Feedback

We shall own exclusive rights, including all intellectual property rights, to any feedback, suggestions, ideas, or other information or materials regarding the Services that the User provided, whether by email, posting through our services or otherwise (“Feedback”). Any Feedback submitted by the User shall become the sole property of us. We shall be entitled to the use and dissemination of such Feedback in any manner and for any purpose permitted by the applicable law. The User waives any rights he/it may have to the Feedback (including any copyrights). Do not send us Feedback if the User expects to be paid or want to continue to own or claim rights in it. Any personal information or other information of the User involved in the Feedback will be collected, maintained and used by us in accordance with our Privacy Policy.

16. Intellectual Property Rights

16.1 All intellectual property related to the Services or as contained in the associated website including but not limited to the logo, database, design, words and charts, software, photos, video records, music, voices and the combination of the aforesaid contents, software compilation, relevant source code and software (including small application program and script) shall be owned by us. Without express prior written consent, the User shall not reproduce, change, copy, send or use any of the aforesaid materials or contents for commercial purpose, or decompile, reverse engineer, disassemble, derive the source code of, modify, or create derivative works of the underlying websites of the website or any part of our property or in any other way infringe any intellectual property rights.

16.2 All rights (including but not limited to trademark, name of the product, logo, domain name, or other distinguishing brand feature) contained in the name of the website or relating to our products and services shall belong to us.

16.3 The User shall not illegally use or dispose of intellectual property rights of us or others during the use of our services.

17. Liability for Breach of Contract

Our or User’s breach of this Agreement herein shall constitute the breach of contract, and the breaching party shall assume the liability for breach of contract to the non-breaching party and compensate for all losses arising therefrom. Notwithstanding the foregoing, we are not liable for any breach of this Agreement, including delays, failure in performance or interruption of service, where they arise directly or indirectly from abnormal and unforeseeable circumstances beyond our control, the consequences of which would have been unavoidable despite all effects to the contrary, nor are we liable where the breach is due to the application of mandatory legal rules.

18. Jurisdiction and Settlement of Dispute

18.1 The Agreement shall be governed by the Laws of the Hong Kong Special Administrative Region as to all matters including validity, construction, effect, performance and remedies without giving effect to the principles of choice of law thereof. In the event of any dispute, controversy, or claim arising out of or relating to the Agreement or the construction, interpretation, performance, breach, termination, enforceability or validity thereof (a “Dispute”), the party raising such Dispute shall notify the other party promptly and no later than sixty (60) days from the date of its discovery of the Dispute. The parties shall cooperate and attempt in good faith to resolve any Dispute promptly.

18.2 Any Dispute which cannot otherwise be resolved as provided in Clause 17.1 above shall be submitted to the International Court of Arbitration of the International Chamber of Commerce (“ICC”) for arbitration which shall be conducted in accordance with its rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties.

19. Language

Notwithstanding any other provision of this Agreement, any translation of this Agreement is provided for convenience only. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in English.

20. Miscellaneous

20.1 You agree that you will not make any claim against us for any statement which is not explicitly set out in this Agreement. The invalidity of any terms of this Agreement (or any part of a clause) will not affect the validity or enforceability of any other terms (or the remainder of such clause). In the event that we cannot enforce any part of this Agreement in the manner originally provided in this Agreement, we may replace it with similar terms, to the extent permitted under applicable Laws, and the remaining terms of this Agreement shall remain unchanged. Any delay in the enforcement of any clause of this Agreement shall not be interpreted as a waiver of any rights in that clause. Any rights and obligations under this Agreement which by their nature should survive (including any obligations in relation to the liabilities of or the indemnities (if any) provided by the respective parties) will remain in effect after termination or expiration of this Agreement.

20.2 You may not delegate, assign or transfer this Agreement or any rights or obligations under this Agreement without our prior consent. We may assign, transfer or sub-contract this Agreement or our rights and obligations under this Agreement, in whole or in part, without your prior consent or prior notice to you.

20.3 This Agreement may be executed by electronic means, and the electronic assent or use of the products and services by the User shall constitute execution of the Agreement. The User agrees that the electronic text of the Agreement constitutes “writing” and the User consents to the terms and conditions hereof constitute a “signing” for all purposes.

20.4 The section titles in this Agreement are solely used for convenience and have no legal or contractual effect.