- 协议 是指本协议中的条款和条件，包括任何引用文件或附件。
- 营业日 是指除了周六、周日或香港公众假日以外的，香港金融机构开门营业的任意一天。
- 费用 是指您为了使用我们的服务应当向XTransfer支付的费用。
- 资金 是指XTransfer或其服务提供商在提供XTransfer服务期间代您收到的资金。
- 服务 是指XTransfer（包括其相关网站和服务）提供的所有产品、服务、内容、特性、技术或功能。
- 服务提供者 是指在提供XTransfer服务的过程中，XTransfer使用的银行、支付服务提供商、清算网络和其他第三方支付处理服务提供商。
- 交易 是指涉及XTransfer服务的实际或尝试进行的支付交易。
- 用户银行账户 是指您向XTransfer提供的您的收款人账户，用于结算您XTrasnfer账户中的资金。
- 网站 是指我们向您提供服务的任何网址，包括但不限于www.xtransfer.cn。
- XTransfer 是指XTransfer Group，由XTransfer Limited（这是一家香港公司）以及其所有的子公司或相关公司组成，包括XTransfer UK Limited（这是一家英国公司）。
- XTransfer账户 是指XTransfer为您提供服务时建立的唯一账户，用于注册和持续使用XTransfer服务，它并不构成一个银行账户。该XTransfer账户包括客户信息、交易记录以及与该客户使用XTransfer服务相关的其他信息。
- XTransfer证书 是指XTransfer分配给您的虚拟银行账号，您的客户可以向该账号转入资金。
XTransfer Group，由XTransfer Limited（这是一家香港公司）以及其所有的子公司或相关公司组成，包括XTransfer UK Limited（这是一家英国公司）。XTransfer Limited是一家由香港海关关长许可的金钱服务运营商（许可证号：17-10-02216）。
- i) 您违反了本协议或本协议引用文件的任何条款；
- ii) 我们有理由相信您违反了任何适用法律或法规；
- iii) 法律、政府主管部门、公共机构或执法机构要求或指示我们这么做；
- iv) 我们有理由相信您参与了任何欺诈活动、洗钱、恐怖主义融资或其他犯罪和/或非法活动。
- v) 我们相信您的XTransfer账户已被盗用或出于其他安全原因；或者我们怀疑在没有得到您授权的情况下或以欺诈方式使用了或正在使用您的XTransfer账户。
- i) 如果您未及时通知我们关于您XTransfer账户（如密码丢失）的安全问题，在您通过我们网站发布的紧急联络电话通知我们之前期间出现的损失，将由您自己负责。
- ii) 如果由于您的故意或重大过失导致您XTransfer的账户安全受到威胁，从而导致交易未经授权；或者由于您未能根据协议规定个性化设定安全特性以保护您的XTransfer账户，从而导致未经授权的结算。在这些情况下，您将自行承担所有损失，除非各个司法管辖地的适用法律/法规另有规定。
- iii) 如果在您发送结算请求之日起的6个月内没有向我们告知未经授权或错误的已完成交易。
XTransfer User Terms and Conditions
1.Scope of this agreement and why you should read it
Please read this Agreement carefully before you start to use our Services. This Agreement (always together with the documents referred to in it) tells you who we are, how we will provide the Services to you, how this Agreement may be changed or ended, what to do if there is a problem and other important information.
These Terms and Conditions were originally written in English. We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms and Conditions and the English version, the English version will prevail.
By using our Services, you confirm that you accept and agree to follow this Agreement. If you do not agree, you must not use our Services.
We recommend that you print a copy of this Agreement for future reference. You can always view the most current version on our Website.
This Agreement refers to the following additional documents, which also apply to your use of our Services:
- Our Privacy and Security Policy, which sets out the terms on which we process any personal data we collect about you, or that you provide to us. By using our Services, you consent to such collection, use, disclosure, and processing, and you warrant that all data provided by you is accurate. The policy also sets out information about the ‘cookies’ on our Website.
- Depending on the Services you choose to use with us, additional terms and conditions may apply, as communicated to you before you start using such services.
- Agreement means the terms and conditions herein, in addition to any referenced documents or attachments.
- Business Day means a day other than a Saturday, Sunday or a public holiday in Hong Kong when financial institutions in Hong Kong are open for business.
- Fees means charges payable to XTransfer from you for our services.
- Funds means funds received on your behalf by XTransfer or its Service Providers in the course of supplying the XTransfer Services.
- Services means all products, services, content, features, technologies or functions offered by XTransfer and all related websites and services (including the Website).
- Service Providers means banks, payment service providers, clearing networks and other third party payment processing services used by XTransfer in the course of supplying the XTransfer Services.
- Transactions means an actual or attempted payment transaction that involves XTransfer Services.
- User Bank Account means your beneficiary bank account you provide to XTransfer into which the funds in your XTrasnfer Account will be settled.
- Website means any URL, including but not limited to www.xtransfer.cn, where we provide the Services to you.
- XTransfer means XTransfer Group, consisting of XTransfer Limited, a Hong Kong corporation, and XTransfer UK Limited, a UK corporation, along with all its subsidiaries or related companies.
- XTransfer Account means a unique account within the XTransfer established for you to register for, and enable the ongoing use of, the Services and does not constitute a bank account. Such XTransfer Account includes customer information, transaction history and other information related to such customer's use of the services.
- XTransfer Credentials means the virtual bank account number(s) XTransfer assign to you into which your clients could send the funds.
XTransfer Group consists of XTransfer Limited, a Hong Kong corporation, and XTransfer UK Limited, a UK corporation, along with all its subsidiaries or related companies. XTransfer Limited is a Money Service Operator authorized by the Commissioner of Customs and Excise, HK (license No: 17-10-02216).
This Agreement is governed by the law of Hong Kong. Any dispute between you and us in connection with your XTransfer Account and/or this Agreement may be brought to the courts of Hong Kong.
4.Register with XTransfer
a)Create your account
We require that you provide XTransfer with all information required to open an XTransfer Account before we provide you with XTransfer Credentials.
You acknowledge that we are required by law to carry out all necessary security and customer due diligence checks on you in order to provide the Services to you. You may need to provide additional information (in a format acceptable to us) so we can verify your identity as a condition of opening your XTransfer Account, processing your payment order, or providing our Services to you. You authorise us to obtain one or more of your credit reports, from time to time, to establish, update, or renew your XTransfer Account with us, or in the event of a dispute relating to this Agreement and/or activity under your XTransfer Account.
We have the right to request additional information including, but not limited to, information on shareholders and/or CEO (or equivalent) of the business registering for an Xtranfer Account. You agree to keep such information up-to-date in your XTransfer Account. You have to advise XTransfer any change in the ownership or management of the firm by logon to your XTransfer Account to update the profile. We may make, directly or through any third party, any inquiries we consider necessary to validate information that you provide to us, including checking commercial databases or credit reports, using confidential means.
For legal reasons, all information you provide during the signup process or any time thereafter must be complete, accurate and truthful. You must update this information whenever it changes. You can logon your XTransfer Account to update your own profile and/or information. We may refuse to provide, or discontinue, the Services to any person or entity at any time for a reason.
You may only open one XTransfer Account unless we explicitly approve the opening of additional accounts. XTransfer may refuse the creation of duplicate accounts for the same user. Where duplicate accounts are detected, XTransfer may close or merge these duplicate accounts without notification to you.
As part of the registration process, you will need to accept these Terms and Conditions, our Privacy and Security Policy and other XTransfer policies that may be included in the registration process. If you register for the XTransfer Services on behalf of a business or commercial entity, you must be legally authorized by the entity with related documents provided to XTransfer and/or under applicable law to agree to these terms and conditions. XTransfer holds the right to decline the opening or updating of an XTransfer Account and we also reserve the right to terminate or limit your XTransfer account at any point, in our sole discretion.
You will be able to see information regarding your Inbound Payments, fees, promotions and settlement transactions in your XTransfer Account. We advise our customers to check this information regularly and report any discrepancies or clarify any questions you have as soon as possible by contacting XTransfer customer support.
As the authorized individual, you confirm that you have authority to bind any business or corporation on whose behalf you use our Website or Services, and that business or corporation accepts these terms. We’ll require you to provide corresponding evidence, i.e. authorization letter.
you must be 18 years or older to use our Services, and by opening an XTransfer Account you have to provide the evidence of your age at our request.
You must be in good standing with XTransfer in order to use XTransfer Services.
Managing your account
You must ensure that the information recorded on your XTransfer Account is always accurate and up to date, and we shall not be liable for any loss arising out of your failure to do so. We may ask you at any time to confirm the accuracy of your information or to provide documents or other evidence.
We may contact you by your registered email or in other ways with information or notices regarding your XTransfer Account. If you don't maintain or check your email and other methods of communications, you may miss emails and/or other communications about your transactions and our Services. We shall not be liable for any consequence or loss arising from this.
Keep your account safe
We have implemented commercially reasonable administrative and technical procedures to protect your personal information from accidental loss and from unauthorized access, use or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use such personal information for improper purposes.
Additional XTransfer products or services you use may have additional security requirements and you must familiarise yourself with those as notified to you.
Never disclose your XTransfer Account password or your customer reference number to any third party. Keep them safe. Change your password regularly. We will never ask you to provide your password to us or to a third party. Tell us if anyone asks for your password and contact firstname.lastname@example.org if you are not sure. Contact us if you need additional support. You must never let anyone access your XTransfer Account or watch you access it.
If you suspect your XTransfer Account, login details, password or other security feature is stolen, lost, used without authorisation or otherwise compromised, you are advised to change your password. We rely on you to regularly check the transactions history of your XTransfer Account. Contact email@example.com immediately in case of any unauthorised, incorrect, or misdirected transaction, or when you suspect that your XTransfer Account has been compromised. Any undue delay in notifying us may not only affect the security of your XTransfer Account but may result in you being responsible for financial losses.
XTransfer provides ‘payment collection’ service to receive the funds from payer on behalf of you.
Funds receiver in your XTransfer Account shall be settled to your User Bank Account.
The XTransfer Services may include some or all of the following services, which may change from time to time:
- Receive payments from your buyers through XTransfer Services;
- Currency conversion of funds received in your XTransfer Account;
- Settle funds in your XTransfer Account to your User Bank Account, in currency selected;
- You can view and manage Transaction activity online through your XTransfer Account on the XTransfer website;
- Any additional services that are made available by XTransfer from time to time.
Use of our Services requires an XTransfer Account. You agree to provide us with complete and accurate information when you register for an account. The XTransfer Services are intended to enable payments for commercial activities and are not intended for personal use. You may not assign or transfer your right to utilize the XTransfer Services to a third party or otherwise grant any third party a legal or equitable interest in connection with your use of the XTransfer Services.
XTransfer does not act as a fiduciary, trustee or escrow holder on your behalf. XTransfer assumes no liability to or in respect of any Product or any other part of your business. You assume exclusive responsibility for your product, clients, and shall indemnify and hold XTransfer harmless from any claim by any of them against XTransfer.
The XTransfer Account is not a bank account. Funds held in your XTransfer Account shall not bear interest. By accepting these Terms and Conditions you acknowledge that XTransfer is authorized to retain any interest that arises with respect to the sum of any Funds held in XTransfer Account.
You are solely responsible for reporting to all applicable government tax authorities all Funds received of any applicable taxes that apply to such Funds.
We reserve the right to terminate your XTransfer Account or Service at any time and you may cancel your XTransfer Service at any time by giving us 30 days’ notice. It is strictly forbidden to use the XTransfer Service for any illegal purposes including, but not limited to, fraud and money laundering. You are prohibited from using the XTransfer Service in any attempt to abuse, exploit, or circumvent any law or regulation.
Funds are your property. No person or entity other than such registered user has any rights in relation to Funds.
XTransfer has implemented commercially reasonable administrative and technical measures to protect and safeguard the fund. According to laws and regulations in different jurisdictions, XTransfer could be required by applicable law to apply safeguarding measures on customer funds by putting your funds in a segregated account.
b)Receiving Payments via XTransfer Services
Get your XTransfer Credential
XTransfer Service enables you to receive Funds from your buyers. Upon applying for XTransfer Service Credentials, you will be provided with the information you need to receive funds through XTransfer Services. You will provide your XTransfer Credentials to your clients from whom you wish to receive payments through the XTransfer Service.
Please note XTransfer relies on service providers including banks to carry out the services we provide to you. You agree to avoid any direct communication with any bank that is involved supporting the XTransfer Service. Any direct contact with a bank or other provider regarding the XTransfer Service may result in immediate termination of your use of the XTransfer Service.
Reject Incoming Payment
XTransfer Service will only accept funds received in the currencies you set up in your XTransfer Account. We reserve the right to reject partial or full payments at any time. Payments may be rejected for any reason, including but not limited to reasons relating to compliance with related regulations or XTransfer’s compliance policies. When rejecting a payment, XTransfer will be under no obligation to disclose the reason for the rejection.
Notification of Funds Arrival
The time it takes for Inbound Payments to reach XTransfer is not in XTransfer's control. XTransfer shall use commercially reasonable efforts to inform you of inbound payments of Funds into your XTransfer Account. XTransfer offers no guarantee that such information will be accurate, complete or timely.
You must provide XTransfer with a copy of the trade contract or proforma invoice to claim the funds, before you can request a settlement of the funds to your User Bank Account.
c)Settlement to Your User Bank Account
Pre-Approval of your User Bank Account
In order to complete settlement of your Funds to your User Bank Account, you must logon to your XTransfer Account and request a fund settlement. Before executing a settlement from your XTransfer Account to your User Bank Account, we require you to provide the bank account details. We hold the ability to ensure you are in good standing with the account-holding financial institution from time to time.
In order to receive funds, you must have a User Bank Account that has been pre-approved by XTransfer. You must not request settlement to any Bank Account that is not pre-approved.
The XTransfer Service has no peer-to-peer or third party transmission functionality and you may receive Funds in only one place, your User Bank Account.
Funds received in your XTransfer Account shall be settled to your User Bank Account. Under certain conditions, XTransfer may allow funds to be settled to your associated or agency bank account. XTransfer has the right to accept or reject funds paying to certain settlement accounts. XTransfer reserves the right to offset from any settlement to you any funds owed to XTransfer by you, including, but not limited to, all fees payable under this agreement.
Funds can be settled in different currencies, subject to availability. If you wish to settle in different currencies, you must select the currency before the fund to be settled into your User Bank Account. XTransfer cannot be used for FX exchange after the settlement.
Funds may be temporarily withheld in the event when XTransfer or one of its Service Providers determines that settlement would violate applicable laws or place XTransfer or our Service Providers in excessive security, financial, or reputational risk. Funds may be forfeited as per the requirements of applicable laws.
You must ensure that your User Bank Account information is correct and accurate. We cannot be held responsible for Funds being sent to the wrong bank account as a result of you providing incorrect payment details. In the event when XTransfer receives inaccurate payment information which is later rejected, you may be charged fees which we can deduct from your fund. In case of any incorrect or misdirected payment, we shall take reasonable measures to assist you with tracing and, if reasonably possible, recovering such payments, but we shall not be liable for any payments that cannot be recovered.
XTransfer may rely on third party banking counterparts or on local payment providers with whom we have payment arrangements and who are regulated in respective jurisdictions and comply with the local laws in order to complete settlement.
The time it takes for settlement is not in XTransfer's control and it could take two to fifteen (2-15) business days. XTransfer offers no guarantee on the time settlement takes.
We carry out verification checks, and these checks may increase the time it takes to process your payment order. We cannot be responsible for any delays as a result of carrying out those checks.
XTransfer will initiate a settlement to your User Bank Account in the amount you selected, less any applicable fees. Any fees charged by your bank are not the responsibility of XTransfer. The funds settled to your User Bank Account will not be returned to XTransfer unless the settlement was in error/ not completed.
d)Accessing Our Services
We will try to make sure our Services are available to you when you need them. However, we do not guarantee that our Services will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our Service without prior notice. You are responsible for making all arrangements necessary for you to have access to our Services.
The XTransfer Services are provided “as is.” XTransfer and its Service Providers hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither XTransfer nor its Service Providers, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you use our Services, or otherwise obtain content, at your own discretion and risk.
a)Your right to terminate service:
You may terminate your XTransfer Account with us at any time by giving us a 30 days’ notice period via the registered email contacting firstname.lastname@example.org .
All provisions of this Agreement which by their nature should survive termination including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
b)Termination/suspension by XTransfer:
We reserve the right to terminate your XTransfter Account or any service associated with it.
We may at any time suspend or terminate your XTransfer Account without notice if:
- i)you breach any provision of this Agreement or documents referred to in this Agreement;
- ii)we have reason to believe you are in violation of any applicable law or regulation;
- iii)we are requested or directed to do so by any competent court of law, government authority, public agency, or law enforcement agency;
- iv)we have reason to believe you are involved in any fraudulent activity, money laundering, terrorism financing or other criminal and/or illegal activity.
- v)we believe that your XTransfer Account has been compromised or for other security reasons; or we suspect your XTransfer Account has been used or is being used without your authorisation or fraudulently.
It is strictly forbidden to use the XTransfer Service for any illegal purposes including, but not limited to, fraud, bribery, money laundering or terrorism financing. You are prohibited from using the XTransfer Service in any attempt to abuse, exploit, or circumvent any law or regulation.
XTransfer discloses the prices on the XTransfer website and informs you via your XTransfer Account. The fees charged for XTransfer’s Services may be modified from time to time at XTransfer's discretion. XTransfer’s Service may also offer promotions in the form of refunds, discounted fees, or bonuses. If you have any questions or are unclear as to any fees, you should contact XTransfer customer support via email@example.com.
The applicable fees will be deducted from your fund before settlement to your User Bank Account. XTransfer will provide a statement for the fees charged.
If you have any complaints about us or our Services, you may contact us by sending emails to firstname.lastname@example.org
We will do our best to address complaints submitted to email@example.com in a timely manner.
In the occurrence that a dispute leads to legal action, all legal action will be brought to the courts of Hong Kong.
9.Limitation of our liabilities
If we do not reasonably meet our commitments to you, we are responsible for loss or damage you suffer. We are not responsible for any loss or damage that is not foreseeable.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so for example for fraudulent misrepresentation.
a)IT and infrastructure
We will not be liable for any loss or damage caused by a virus, or other technological attacks or harmful material that may infect your computer equipment, computer programs, data or other proprietary material related to your use of our Services.
We have no control over websites linked to and from our Website and so we assume no responsibility for their content or any loss or damage that may arise from your use of them.
In case of an unauthorised settlement or mistake due to our error, we shall at your request refund the amount including all fees deducted by us. This shall not apply:
- i) if you do not quickly notify us of security issues on your XTransfer Account (e.g. loss of your password), you remain liable for losses incurred up to your notification to us via emergency number, which is published on our website;
- ii) if the transaction was unauthorised but you have compromised the security of your XTransfer Account with intent or gross negligence, or the unauthorized settlement arises from your failure to keep the personalized security features of your XTransfer Account safe as described in this Agreement, in which cases you shall be solely liable for all losses, except as otherwise required by applicable laws/regulations in respective jurisdictions.
- iii) if you don’t let us know about the unauthorised or incorrectly completed transaction within 6 months from the date when you sent your settlement request.
Section (i) above shall not apply to settlement requests made after you have notified us via emergency number, in which case we shall remain liable and compensate any unauthorised transaction to you.
In addition, we rely on you to regularly check the transactions history of your XTransfer Account and to contact customer support immediately in case you have any questions or concerns.
In the case of any incorrect or misdirected settlement, we will try to help you with tracing and recovering such settlement. We (and our affiliates) cannot be liable for our inability to deliver or delay as a result of things which are outside our control.
In the unlikely event of loss or claims or costs and expenses arising out of your breach of this Agreement, any applicable law or regulation and/or your use of our Services, you agree to compensate us and our affiliates and hold us harmless. This provision will continue after our relationship ends.
XTransfer will not be liable for the loss or damage caused by any third party service providers.
You agree to indemnify and hold harmless XTransfer and its Service Providers and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the XTransfer Services, including but not limited to your violation of this Agreement.
Our primary purpose in collecting personal information is to provide you with a secure, smooth, efficient, and customized experience.
We, and our third party service providers, automatically collect your information about your use of our Website and our online Services through cookies, web beacons, and other technologies.
We may collect and store any information you provide us when you use our Services, including when you add information on a web form, add or update your account information, participate in dispute resolutions, or when you otherwise correspond with us regarding our Services.
We may share your information with third parties, including Service Providers, regulated institutions (e.g., financial institutions), affiliated entities, and partners after obtaining your consent at account opening.
Please refer to Privacy and Security Policy for details.
12.Changes / Modification
We may change this Agreement by giving you 30 days’ prior written notice via your registered email and published on our website. If we do this, you can terminate this Agreement immediately by providing written notice to us during the notice period. If we do not hear from you during the notice period, you will be considered as having accepted the proposed changes and they will apply to you from the date the change(s) comes into effect.
If you disagree with our changes, then you should not continue using the XTransfer Services after the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms that were in place when the dispute arose.
Changes to this Agreement which are (1) more favorable to you; (2) is required by law; or (3) relates to the addition of a new service or extra functionality to the existing Service; or (4) any other change which neither reduces your rights nor increase your responsibilities, will come into effect immediately if they are stated in the change notice.