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    Cardholder Terms and Conditions (the “Agreement”)

    Updated September 2021

    The Currenxie Visa Business card (“Currenxie Card”) is issued by Currenxie pursuant to our license granted by Visa Worldwide Pte Limited. Your use and the use by your Client Associate Cardholder/s of the Currenxie Card is governed by the following Terms and Conditions, along with all policies and disclaimers provided herein (collectively, the “Terms”). “You” and “your” mean the person, persons or entity receiving the Card service as provided for in these Terms. In this agreement, “Currenxie”, “we”, “us” or “our” refers to Currenxie Limited or any of its corporate affiliates. Currenxie Limited (company registration number 2074841) is a company incorporated in the Hong Kong Special Administrative Region.

    Definitions:

    • Business Day: Any day on which Currenxie is open for business. This is typically Monday through Friday of each week. Currenxie Limited is open for business on most Hong Kong public holidays.
    • Client: The party that has entered into this agreement and accepted the Global Account Terms and Conditions.
    • Client Associate: Any Client’s nominated shareholder, partner, director, employee, or other members.
    • Client Associate Cardholder: Any Client Associate who has been issued a Currenxie Card.
    • Currenxie Card and Currenxie Visa Business Card: Any Currenxie Visa Card that has been issued pursuant to our licence with Visa Worldwide Pte Limited. This includes both virtual and physical cards.
    • Global Account: The brand name for Currenxie’s web-based platform and/or mobile application through which clients manage their virtual accounts, transactions, and Currenxie Card facility.
    • Card Spending Limit: The monthly aggregate transaction limit set by you or your nominated card administrator.
    • Prohibited Use: Any use of the Currenxie Card in connection with Prohibited Industries and Sanctioned Countries as per our Global Account Terms and Conditions.
    • Single Card Transaction Limit: The maximum transaction size that can be processed as one single transaction on your Currenxie Card.

    1. General Terms

    These Terms and Conditions (“Terms”) constitute a legally binding agreement which applies to the entire offer within the framework of the contractual relationship between Currenxie and the Client, and shall apply to the Client’s use of the Currenxie Card and all related services (“Currenxie Card Services”).

    The activation of the Currenxie Card constitutes your acceptance and agreement to be bound by these Terms, operational guidelines, cardholder promotional terms and conditions and any other related terms and conditions or amendments to the foregoing as may be issued by Currenxie from time to time. Your continued use of the Currenxie Card after any such changes, whether reviewed by you or not, shall constitute your consent and acceptance of the revised Terms and Conditions.

    This Agreement will remain in force until terminated by you or by us.

    Your Global Account must be in good standing for continued access. If your Global Account is closed due to suspicious activity or for any other reason, then your Currenxie Card will be automatically cancelled. Any applicable costs or expenses will be borne by you.

    2. Eligibility & Liability

    The Currenxie Card is a credit card that is made available to approved Hong Kong incorporated Currenxie Global Account clients and their Client Associates. The issuance of Currenxie Cards to Client Associate must be authorised by the nominated Global Account client card administrator. The Currenxie Card is not a retail card and is only made available to Global Account clients.

    We are entitled to regard any person who is nominated as your Global Account client card administrator as having your full authority to act on your behalf to administrate your Currenxie Card facility.

    You are responsible for ensuring that each Client Associate Cardholder of your business reads, understands and complies with these Terms.

    The Currenxie Card may only be used by you or your Client Associate Cardholders. You may not transfer it to another business or person. We may refuse to process your transactions with no notice if you allow another business or person to use your Currenxie Card.

    You must ensure that each Client Associate observes and transacts within card limits at all times.

    You, the Global Account client are liable for all transactions made by you and the Client Associate Cardholders using the Currenxie Cards until such a time as the card expires or is cancelled. Any credit, whether secured or unsecured, is granted to Currenxie’s Global Account client and the Global Account client is responsible for the repayment of all amounts outstanding. Currenxie Cards issued to Client Associate Cardholders are not individual lines of credit being granted in a personal capacity to Client Associate Cardholders.

    You, the Global Account client must pay us on demand all outstanding amounts owing on the Currenxie card(s) that have been allocated to you or to your Client Associate Cardholders. You, the Global Account client, are liable for all of the outstanding balance that relates to all of your Client Associate Cardholders’ Currenxie Cards.

    3. Use of Your Currenxie Card

    The card can be used to purchase goods and services at any merchant displaying the Visa acceptance symbol.

    Once registration has taken place and the required Know Your Client (KYC) checks have been completed, a virtual card may be issued and used immediately. For physical cards, activation needs to take place. Due to security reasons, the physical Currenxie Card sent to you is not activated and cannot be used prior to activation. Please follow the instructions provided for the activation of your physical card.

    You must not make purchases that exceed the Card Spending Limit associated with your card. You may check your Card Spending Limit on the Global Account. Your available Card Spending Limit will be reduced by the amount of each purchase you make. If any purchase takes you over your available Card Spending Limit in force at that time the transaction will be declined.

    Depending upon your card type, you can use the card to make purchases online or also in-store. You may also use your card at an ATM.

    You may not use the card for:

    1. Transactions at self-service petrol pumps and toll booths;
    2. Purchasing goods or services from adult entertainment or gambling merchants, online or in-store;
    3. Transactions for cash including e.g., cashback, cash from a bank teller, money orders, traveller’s cheques, foreign exchange, or bureau de change;
    4. Any illegal purposes;
    5. Any prohibited use; or
    6. Transactions involving any sanctioned country or entity (which mean any economic sanctions, laws, regulations, embargoes, or restrictive measures administered, enacted or enforced from time to time including by (i) the European Union; (ii) the United Nations; (iii) the United States of America; or (iv) any other relevant sanctions authorities).

    You are fully responsible for ensuring that you only make payments to persons or entities in connection with commercial transactions in compliance with any applicable laws and regulations. At no time and under no circumstances shall you use the Currenxie Card, or any services provided by Currenxie in connection with any illegal activities including, but not limited to, sanctions, money-laundering, fraud, and the funding of terrorist organisations. If you are in doubt as to the legality of a purchase, you should not continue with such payment.

    Your card cannot be used in situations where it is not possible for the merchant to obtain online authorisation that you have a sufficient balance for the transaction. For example: transactions on trains, ships, and some in-flight purchases.

    We may stop, suspend, or restrict your card or PIN on reasonable grounds relating to:

    1. The security of your card, card number or PIN; and
    2. The suspected unauthorised or fraudulent use of your card or PIN.

    If possible, we will inform you that we intend to stop, suspend, or restrict your card or PIN before we do so and the reasons for doing this. If we are unable to do so, then we will inform you as soon as possible thereafter. The requirement to inform you does not apply where it would compromise reasonable security measures, or it would be unlawful for us to do so.

    You and your Client Associate Cardholders may only use the Currenxie Card issued to you to effect transactions.

    The Currenxie Card remains the property of Currenxie Limited at all times. If you have been issued a physical Currenxie Card, at Currenxie’s request, which may be made at any time, you must immediately cut the Currenxie Card in half and return it to us.

    We are not responsible for the quality, safety, legality, or any other aspect of any goods or services purchased with the card. We are not liable for the failure of any supplier to honour the card.

    Currenxie’s Privacy Policy, as may be amended, supplemented and/or substituted from time to time, and is incorporated by reference into and forms part of these Terms, shall apply to all personal data that you provide to Currenxie, personal data that Currenxie has obtained from any other sources or that arises from your relationship with Currenxie. Currenxie undertakes to protect client data at all times using appropriate measures.

    We will not issue the card under these Terms to anyone under 18 years of age. The issuance of a card will be subject to the successful verification of the applicant’s identity.

    4. Transactions

    You agree that any use of your card, card details or PIN constitutes your authorisation and consent to a transaction.

    You cannot stop a transaction after it has been authorised. You are deemed to have consented to all transactions made through the Currenxie Card and you may not stop or reverse a payment on any transaction.

    We may refuse a transaction. We may do this if the relevant phone or computer link is busy. We may also do this if:

    1. A transaction might take you over your Card Spending Limit; or
    2. We reasonably believe that we need to do so to adhere to the rules of the Visa card scheme; or
    3. If Currenxie reasonably believes that not to do so would violate any applicable laws, rules, or regulations in force or as a matter of good practice.

    Rewards on cancelled or refunded transactions will not be included, or any other transaction which we consider ineligible. All such transactions shall be determined entirely at our own discretion.

    5. Foreign Currency Transactions

    The base currency of the Currenxie Card is in Hong Kong dollars (HKD). The card can be used for transactions that are not in the base currency of the card.

    If you make a transaction in a currency other than the base currency of the card, we will convert the amount into the currency of the card at the rate that Visa sets.

    Exchange rates may change, and the exchange rate which applies on the date that you make your transaction may not be the same as the exchange rate shown on your card statement.

    6. Card Balance & Transactions

    You acknowledge and agree that you are solely responsible for ensuring that a sufficient balance is available in your Global Account to cover your Card Spending Limit.

    Currenxie shall not be liable for any balance shortfall. You may not request Currenxie to make up for any such shortfall.

    You or your nominated card administrator will need to set a Card Spending Limit on the Global Account. You may check your Card Spending Limit and access your transaction data via the Currenxie App using your login credentials.

    Currenxie may set a single transaction limit on the Currenxie Card which may vary from time to time.

    Currenxie shall authorise a transaction only if there is a sufficient available Card Spending Limit to cover such a transaction and the relevant Currenxie Card Spending Limit has not been exceeded. If a transaction has been processed despite there being an insufficient Card Spending Limit available, you shall be liable to Currenxie for the shortfall and any other third party on recovering or attempting to recover such shortfall from you.

    7. Expiration Date

    Your Currenxie Card shall expire on the date displayed on the Card. You will not be able to use the Currenxie Card after the date of expiry.

    If no action is taken on your part in relation to the automatic renewal of your Currenxie Card, you are deemed to have agreed to the renewal of the Currenxie Card and the terms of this Agreement or any future amended Agreements shall continue to apply.

    If you request that your Currenxie Card not be renewed, you will not be able to use your Currenxie Card after the expiry date.

    8. Refunds & Chargebacks

    If you wish to receive a refund after conducting a transaction with a merchant via the Currenxie Card (“Refund”), you should approach the merchant directly with your request. If the merchant, at its discretion, decides to approve your request for a Refund, Currenxie shall credit the Client’s account with the Refund, if any. The Refund process is managed by, and at the discretion of, Visa. This can take up to eight weeks.

    If you wish to receive a refund in respect of a disputed transaction (“Chargebacks”), you should approach Currenxie with your request. Currenxie will file a formal dispute with Visa on your behalf. A handling fee will be charged, and you will be required to comply with Currenxie’s request for information and assistance. If the dispute is resolved in your favour by Visa, Currenxie shall credit the Client’s card account with the refunded amount. You acknowledge and agree that the decision of Visa regarding the validity and value of any Chargeback is binding. Currenxie shall not be obliged to investigate or defend the validity and/or value of any Chargeback. Generally, under Visa’s operating rules, Currenxie must lodge a fully detailed claim on your behalf within a period of up to 120 days from the date of the underlying transaction. If you do not notify us immediately and provide us with sufficient information, we may not be able to investigate or lodge a claim in time, in which case you will be liable for the transaction. It is your responsibility to review your transaction history carefully.

    You acknowledge and agree that the amount of any Refund or Chargeback received pursuant to any transaction made under the Currenxie Card may be different to the amount originally processed on the Currenxie Card due to exchange rate fluctuations, fees charged, or the amount received with respect to any Refund or Chargeback may only be a partial refund of the original amount.

    9. Hold on Global Account Funds

    Your Global Account must have sufficient funds available in Hong Kong dollars equal to or greater than your requested Card Spending Limit. Should you require a higher Card Spending Limit than your Global Account Hong Kong dollar balance, you must transfer this additional amount into your Hong Kong Dollar Global Account balance. After this, you can increase your Card Spending Limit to your desired level, subject to our maximum.

    Once your Card Spending Limit has been set, you will only be able to withdraw Hong Kong dollars that are surplus to your pre-set Card Spending Limit. This amount, equivalent to your Card Spending Limit, will be set as a reserve. The amount set as a reserve shall not be available to you for withdrawal, notwithstanding the other Terms and Condition governing the Account.

    If you have been granted unsecured credit by Currenxie, then you must ensure you have sufficient funds in your Hong Kong Dollar Global Account at month-end to repay your entire Currenxie Card balance. Terms of unsecured credit need to be agreed with Currenxie by signing an addendum to this agreement.

    You are required to pay your entire account balance on the payment due date which is the first day of each subsequent month. If the first day of the month falls on a Saturday or a Sunday, then the due date will roll forward to the first available Business Day after the first day of that month (“Month End Date”).

    You authorise Currenxie to deduct all amounts owing on your Currenxie Card from your Global Account Hong Kong Dollar balance on the Month End Date. This deduction from your Global Account is made to set off any amounts due and payable to us for transactions (as well as interest, costs, fees, and other amounts payable) made using your Currenxie Card. Amounts you owe on your Currenxie Card become your liability once the transaction is authorised by Visa.

    You must ensure that you have sufficient funds in your Global Account Hong Kong dollar balance in order to support the same Card Spending Limit for your Currenxie Card for the following month. If you do not, the Card Spending Limit will automatically reduce to your new Global Account Hong Kong dollar balance after the previous month-end deduction has occurred.

    You agree that we are entitled, at any time and without prior notice to you, to combine or consolidate your available funds, and set-off or transfer any money received into your account towards settlement (whether in full or in part) of any amounts owed by you to us in connection with any Currenxie Card transactions. For the purpose of this Clause, we may make any necessary currency conversions at any rate that Currenxie considers reasonable and appropriate. We reserve the right to set-off amounts owed across different Global Accounts that may be held by you with Currenxie.

    We may at our discretion assign any or all sums owed to us in connection with a Currenxie Card to any third-party agency engaged by us (including debt collection agencies, credit management organisations or solicitors), for debt recovery. To the extent permitted by the Applicable Laws, you and your Client Associate Cardholders shall jointly and severally indemnify us from all debt recovery costs and expenses that we incur.

    10. Limitation of Liability

    In no event shall Currenxie, its agents, representatives, directors, officers, employees and affiliates be liable to you or any other party for any loss or injury or any damages, either direct, indirect, punitive, special, incidental, consequential or otherwise (including, but not limited to lost profits or lost savings) resulting from or in any way connected to your use of the Currenxie Card, even if it has been advised of the possibility of such damages. This limitation of liability shall apply regardless of whether the claim asserted is based on contract, tort, negligence, strict liability or otherwise.

    Currenxie, its affiliates, agents, representatives, directors, officers, or employees, shall not be liable if it is unable to perform its obligations under this Agreement due, directly or indirectly, to the failure, defect or malfunction of any machine, system of authorisation, data processing or communication system or transmission link or any industrial dispute, war, Act of God or anything outside the control of Currenxie, its service providers or its agents.

    Currenxie is not responsible for products, goods or services supplied by any merchant, establishment, or any third party for the quality or performance of any contract or quality of any product, goods, or services supplied pursuant to or in relation to any transaction. You are to seek redress directly from such merchant, establishment or third party in respect of such products, goods, or services.

    Your liability owing to Currenxie is not affected by any dispute or counterclaim or right of set-off which you may have against such merchant, establishment or third party. In particular, Currenxie shall be entitled to deduct from the client’s Global Account in respect of any transaction notwithstanding the incomplete or non-performance of any contract, or the incomplete or non-delivery of or any defect in any product, good or service obtained pursuant to the transaction.

    Currenxie is not liable for any loss you may incur in connection with the use of the Currenxie Card howsoever arising.

    Currenxie shall not be responsible or liable in any way to you for any inconvenience, loss, damage, cost or expense of any nature or embarrassment or injury suffered or incurred by you or any third party resulting from, arising out of or in connection with any of the following:

    1. If any merchant, establishment, or third-party refuses to accept or honour the Currenxie Card for any reason;
    2. Any refusal by Currenxie to authorise or approve any transaction;
    3. If you are deprived of the use of any services, machinery, equipment, products and/or systems (whether electronic, via telecommunication or otherwise) as a consequence of any action by Currenxie or any merchant, establishment, or third-party;
    4. If Currenxie is unable to perform its obligations under this Agreement due, directly or indirectly, to the failure, defect or malfunction of any machine, system of authorisation, data processing or communication system or transmission link or any industrial dispute, war, Act of God or anything outside the control of Currenxie, its employees or agents;
    5. For any injury to your credit, character and reputation in and about any repossession of the Currenxie Card or any request for its return;
    6. Any damage to, loss of, or inability to retrieve any data or information that may be stored in any microchip or circuit howsoever caused or any failure in the performance or function or breakdown or disruption of any of Currenxie’s computers (whether hardware or software), machinery, equipment, products and/or systems (whether electronic, via telecommunication or otherwise) maintained by, used for, by Currenxie or in connection with Currenxie’s business or otherwise whatsoever, including but not limited to the failure or inability of such computers, machinery, equipment, products and systems or any one or more of them to accept, recognise, store, process and/or transmit dates or data with respect to dates; and
    7. The unauthorised use of the Currenxie Card and/or Account or any facilities in connection therewith any transaction effected by an unauthorised person.

    Without prejudice to the generality of the provisions of this clause, Currenxie is not liable in any way to you for any other loss, damage, cost, or expense of any nature arising out of or in connection with the use of the Currenxie Card and/or this Agreement.

    11. Loss or Theft of Card/PIN Disclosure

    You must safeguard the Currenxie Card and must ensure that your PIN is not disclosed to any person. You are solely responsible at all times for the security of the Currenxie Card, and for all transactions and charges incurred on the Currenxie Card. You undertake to ensure that you:

    1. Sign your physical Currenxie Card as soon as you receive it and keep it safe;
    2. Do not reveal or disclose your PIN, your password(s) or any other security information other than to input your PIN to approve a transaction;
    3. Instruct Client Associate Cardholders not to share with any other person their PIN or other details required to use the Currenxie Card;
    4. Keep virtual card numbers secure and away from public display.

    If your Currenxie Card is lost or stolen or if you believe that your Currenxie Card, card number or PIN may be misused, you must:

    1. Immediately, and without undue delay, freeze or cancel your card on the Currenxie App;
    2. Assist in the recovery thereof; and
    3. Stop using the Currenxie Card, card details or PIN immediately.

    You must also notify Currenxie immediately if the Currenxie Card is damaged or not working properly or if the Currenxie Card has been retained by an ATM.

    Currenxie may, in its sole and absolute discretion, issue a replacement Currenxie Card or a new PIN upon such terms and conditions as we deem fit.

    If your Currenxie Card has been used without your knowledge or permission or is lost, stolen or if you think your Currenxie Card may have been misused, we may disclose to law enforcement agencies any information we believe could be relevant.

    You are liable for any charges and transactions until you freeze your card using the Global Account. If you are not able to access the Currenxie App you must notify us immediately so that we can freeze or cancel the Card on your behalf.

    12. Fees

    We reserve the right to change our fees from time to time.

    13. Consent to Disclosure of Information

    You hereby agree that Currenxie is entitled, at its absolute discretion, at any time and without notice or liability, to disclose the particulars of your Account, your Currenxie Card and any transactions, any information relating to you, and your use of the Currenxie Card to:

    1. Any merchant or establishment that accepts the Currenxie Card;
    2. Any Visa Network member;
    3. Any of Currenxie’s related companies or corporations, representative offices, branches, its agents, employees, correspondents, independent contractors and/or associates;
    4. Any bank or financial institution;
    5. Any party involved in facilitating, effecting or processing the transactions;
    6. Any person or organisation providing electronic or other services, for the purpose of assessing, engaging, obtaining, operating, maintaining and upgrading the services (including any investigation of discrepancies, errors or claims);
    7. Any person or organisation engaged for the purpose of performance of services or operational functions where these have been outsourced;
    8. Any person for the purpose of marketing or promoting any services or products whether by Currenxie or any third party;
    9. Any law enforcement agency or any public officer conducting an investigation;
    10. Any government or quasi-governmental agency or authority or court of the jurisdiction where the Currenxie Card is used;
    11. Any person for the purpose of collecting or recovering on Currenxie’s behalf, or for securing for your benefit, or for the repayment on your behalf, any sums of money owed to Currenxie by you;
    12. Any credit bureau of which Currenxie is a member or subscriber or credit reference agents;
    13. Auditors and professional advisors including lawyers and receivers appointed by Currenxie;
    14. Any person authorised to operate the Account or any guarantor or security provider of the Account;
    15. Any rating agency, business alliance partner, insurance company, insurer, insurance broker or direct or indirect provider of credit protection; and
    16. Any other person Currenxie considers is in its interest to make such disclosure, (and each of the foregoing persons similarly may disclose to Currenxie and to each other) full particulars of your Account, your Currenxie Cards, your transaction records and statements, and any other information in relation to you, the Currenxie Cards and/or your use of the Cards where such disclosure is required by law or where Currenxie deems appropriate, necessary or desirable in connection with its provision of services and the enforcement of any rights and/or performance of any obligation in respect of or in connection with the Account and/or this Agreement or whenever Currenxie considers it in its interest to make such disclosure.

    14. Suspension or Termination

    In addition to all other remedies contained herein and in these Terms, Currenxie may suspend or terminate these Terms and your use of the Currenxie Card at any time and without having to give any reason.

    The termination of your Currenxie Card or this agreement shall be without prejudice to any rights of either party which have accrued or become due on or before the date of expiry or termination. In addition, all provisions expressly or by implication intended to come into or continue in force on or after termination or expiry of this agreement or of a Currenxie Card shall remain in full force and effect.

    15. Conclusiveness of Documents

    Any document relating to any transaction bearing your signature or any transaction authorised by the use of your PIN shall be conclusive evidence of the fact that the transaction therein stated or recorded was authorised and properly made or effected by you.

    If you do not notify Currenxie in writing of any inaccuracy or error in any transaction statements/records within 14 days of the receipt or deemed receipt of such records/statements, it shall constitute conclusive evidence that:

    1. Every transaction stated therein has been affected by you;
    2. Every charge stated therein, every amount debited therein has been validly and properly incurred or debited in the amount stated therein; and
    3. Nothing in this clause shall prevent Currenxie from rectifying any errors, omissions in any statement, record, or advice and any such amended statement, records or advice shall be binding to you.

    Currenxie may serve any writ of summons, statement of claim, statutory demand, bankruptcy application or other legal process or document in respect of any action or proceeding under this Agreement required by any relevant law, including without limitation, the rules of court or other statutory provisions, to be served on you by personal service, by leaving the same at, and/or sending the same by ordinary post, to the last known address (whether within or outside Hong Kong and whether such address is a Post Office Box or is a place of residence or business) as may be provided or disclosed to Currenxie or its solicitors. Such legal process or document is deemed to have been duly served on you even if it is returned undelivered: (a) on the date of delivery, if sent by hand and/or left at the last known address; or (b) on the date immediately following the date of posting, if sent by post. Service of such legal process is deemed to be good and effective service of such legal process on you and nothing in this Agreement shall affect Currenxie’s right to serve legal process in any other manner permitted by law.

    16. Indemnification

    You agree to indemnify and hold Currenxie, its shareholders, subsidiaries, affiliates, directors, officers, and employees, harmless from any loss, claim, demand, or damage, including reasonable legal fees incurred by Currenxie due to or arising out of your use of the Currenxie Card and/or breach of these Terms.

    You agree to indemnify and keep Currenxie fully indemnified against all claims, demands, action, proceedings, losses, damages, costs, and expenses of any nature (including legal costs on an indemnity basis) suffered, incurred, or sustained by Currenxie, directly or indirectly, by reason of or in connection with this Agreement, including without limitation:

    1. Any use or misuse of the Currenxie Card including, without limitation, all transactions regardless of whether authorisation has been sought and/or given; and/or
    2. Breach of any provision of this Agreement by you; and/or
    3. The enforcement or protection of Currenxie’s rights and remedies against you under this Agreement; and/or
    4. An insufficiency of available Card Spending Limit to meet a request for payment of any transaction or settlement of any other liability hereunder. In this respect, Currenxie may at its discretion allow the Currenxie Card to exceed its Card Spending Limit and charge such payment or settlement to the Account together with any interest thereof as Currenxie may deem fit; and/or
    5. Any change in any law, regulation or official directive which may have an effect on the Currenxie Card facility and/or this Agreement.

    17. Modification of Terms & Services

    These Terms are effective until amended or terminated by Currenxie. We reserve the right to change the Terms including any applicable fees.

    We reserve the right to cease offering the Currenxie Card at any time. You are responsible for regularly reviewing the Terms.

    Continued use of the Currenxie Card after any changes to the Terms shall constitute your consent to such changes. You may stop using the Currenxie Card at any time.

    18. Governing Law & Jurisdiction

    These Terms are governed by, and shall be construed in accordance with, the Laws of Hong Kong and the parties hereto submit to the exclusive jurisdiction of the Hong Kong Courts. You agree to waive any right you may have to commence or participate in any class action against Currenxie related to the Currenxie Card or these Terms and, where applicable, you agree to opt-out of any class proceedings against Currenxie or its affiliates.

    19. Assignability

    You shall not transfer any rights or obligations you have under these Terms without the prior written consent of Currenxie. We may assign any right or obligation under these Terms without your consent.

    20. Miscellaneous

    Currenxie will not knowingly allow or permit any person, whether the Firm, its directors, its partners, employees, principals or agents or any persons acting for Currenxie or any appointed third party, to charge, recover, demand, or receive any fees, charges, reward or consideration, however named, from any borrower or intended borrower or in relation to the procuring, negotiation, obtaining or application of a loan or guaranteeing or securing the repayment of a loan. This also covers any fees, charges, reward, or consideration, however named, to be paid by the borrower or intending borrower to the appointed third party or any other person as agreed between the borrower/intending borrower and the appointed third party, whether for the purpose of any goods or services or not.

    Currenxie shall be entitled (but not obliged), at its sole discretion, to rely and act on any communication, requests or instructions which Currenxie in its sole opinion believes originates from you (whether orally or in writing and whether in person or over the telephone, by email or by facsimile or other means of telecommunication and whether genuine or with or without your consent or authority), and any action taken by Currenxie pursuant thereto shall bind you, and Currenxie shall not be liable to you for any loss or damage incurred or suffered by it as a result of such action. Currenxie shall not be under any duty to verify the identity of any person communicating purportedly as or on behalf of you.

    If any one or more of the provisions of this Agreement or any part thereof is declared to be illegal, invalid, or unenforceable under any applicable law, it will not affect the legality, validity, or enforceability of the remainder of this Agreement in such jurisdiction or the legality, validity, or enforceability of this Agreement in any other jurisdiction.

    This Agreement covers the use of the Currenxie Card issued by Currenxie, which is additional to those governing the operation of the Global Account and any other agreements that you have with Currenxie. In the event of inconsistency, this Agreement shall prevail with respect to the use of the Currenxie Card.

    The remedies under this Agreement are cumulative and are not exclusive of the remedies provided by law.

    No forbearance or failure or delay by Currenxie in exercising any right, power or remedy is to be deemed to be a waiver or partial waiver thereof on the part of Currenxie; and no waiver by Currenxie of any breach of this Agreement on your part is to be considered as a waiver of any subsequent breach of the same or any other provision of this Agreement.

    If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, the remainder of the Terms shall continue in full force and effect. Unless otherwise specified herein, these Terms, constitute the entire agreement between you and Currenxie with respect to the matters hereof.

    21. Our Contact Details

    Head Office: Currenxie Limited, Suite 1001, 10/F Cambridge House, Taikoo Place, 979 King’s Road, Quarry Bay, Hong Kong

    Email: support@currenxie.com

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