🗒️OTC Advertising Agreement
Welcome, and thank you for using HKD.com OTC Advertiser Service.
This agreement is entered into between HKD.com Limited, an International Business Company incorporated in the Republic of Seychelles, and of company number 235204, (hereinafter referred to as “the Platform” or “HKD.com” or “we”) and the “Advertiser” on the Platform (hereinafter referred to as “You” or “the Advertiser”).
By signing up as an advertiser or placing an advertisement on our website, API, mobile application, or related applications, you agree that you have read, understood, and unconditionally accepted all of the terms and conditions stipulated in this Advertiser Service Agreement and related announcements (hereinafter referred to as "this Agreement" or “these Terms”).
HKD.com reserves the right to change, modify or update this Agreement at any time with or without prior notice of any kind, and any modifications or changes to this Agreement will become effective at any time we deem fit; therefore, your continued usage of our services is deemed your acceptance of the modified agreement and rules. If you do not agree to this Agreement or the revised terms and rules, you must immediately stop using HKD.com OTC Advertiser Service and must terminate your advertiser account on the Platform.
Disclaimer:
Once your right to OTC Advertiser Service is approved, or your advertisement is placed, you acknowledge that you have accepted and agreed to be bound by this Agreement and its related rules and announcements.
These Terms will be effective upon publication and will be revised or modified from time to time. Any changes will take effect immediately upon publication, and your continued use of HKD.com OTC Advertiser Service constitutes acceptance. In case of any discrepancy between the contents of this Agreement and the updated terms published on the platform, the updated terms shall prevail.
The Advertiser is an independent trader on the Platform and is granted the right to place advertisements after it is verified and certified by the Platform, but this does not mean that the Advertiser is 100% credible, nor that there is any guarantee between the Platform and the Advertiser. The Platform is not responsible or liable for any losses due to the Advertiser’s violation of this Agreement or any damages caused by the Advertiser.
The Advertiser must abide by local laws in relation to the legal usage of HKD.com OTC Advertiser Service. You are prohibited from using the Platform to perform any illegal activities or transactions, including but not limited to money laundering, smuggling, commercial bribery, market manipulation, or interference with the trading system. If You are identified as having committed any of the aforementioned illegal activities, the Platform has the right to take necessary actions, including but not limited to suspending, freezing, or canceling the use of your HKD.com OTC Advertiser Account, confiscating your security deposit, referring your case to a judicial institution and more; and the Platform is not liable for any losses or damages arising directly or indirectly from the action taken.
1. Scope of Application
The services stated in this Agreement are applicable to users under the following conditions, hereinafter referred to as "the Advertiser":
I. Users who are certified by the Platform are users who have officially obtained the "Advertisement Publication Qualification";
II. Users who are not certified as advertisers but have locked up a certain amount of their assets on the Platform as a security deposit;
III. Users who are in the process of terminating their qualification voluntarily as Advertisers but still have their security deposits locked in their accounts in the Platform.
2. Service
You will be qualified as an HKD.com OTC Advertiser and have the right to publish advertisements on the Platform once you have completed your application and verification. You are entitled to the following services in addition to the rights of a regular user of the Platform:
Publishing Advertisement: You will enjoy relevant publishing rights after becoming an Advertiser in order to carry out a smoother and more flexible transaction. (Please note: After You are qualified as an HKD.com OTC Advertiser and have obtained the publishing rights, You are obliged to report all Your payment methods to the Platform. If Your bank account is frozen, You or the authorized person must immediately fill in and submit the “Registration Form for Frozen Account” in order for the Platform to take necessary actions.) One-to-one Service: We will offer one-to-one service in order to improve the transaction flow and provide effective action to resolve any complaints.
Exclusive Verification Icon: We will provide an exclusive verification icon to qualified Advertisers, which will be displayed next to their username, to distinguish them from regular users.
Others: The Platform may launch other new products and services for Advertisers from time to time and may change or upgrade existing products and services anytime. For specific updates about the services, please refer to those announcements published on the website and related interfaces.
3. Application for Verification
In order to enhance the security of the transaction and the credibility of the Advertiser, the Platform will provide the confirmation of the Advertiser’s application and verification.
Materials Required for Verification
You need to provide the following materials to apply for verification and publishing rights:
Your mobile phone number
Email address
National Identity Card
Passport
and other materials required by this Platform for compliance purposes.
Please Note: While we are not liable for the accuracy and authenticity of the user identification materials submitted, we will cooperate with the applicable law enforcement should there be illegal activities involved with the user identification information collected.
Application Process
You submit the materials required for the application.
Once the Platform receives your materials, the Platform will assess them in accordance with the requirements of the KYC and anti-money laundering principles.
Once the verification is completed, the Platform will provide You with an exclusive "V" icon to distinguish You from regular users. At the same time, as a verified Advertiser, You must lock the agreed amount of assets in the security deposit account, which will not be non-transferable until You terminate your Advertiser account.
Application
Update Required Materials:
The application is an identification service provided by the Platform. Once You have completed your application on the Platform, the submitted information for identity verification and the application result will not be modified unless otherwise agreed and stated in this Agreement unless there is a legal change to your identity information after the verification. If your identity information has been legally changed after completing the verification, You are responsible for informing and providing the Platform with the updated information issued by the competent authorities, and the Platform will assist You with changing the related information in your account.
Management of the Application Materials:
Your application and submission of material for verification mean that you consent to authorize the Platform to retain the verified materials. The Platform will not disclose, edit or reveal your verified materials except for lawful or agreed purposes and will not be used for non-public content on the Platform for commercial purposes. However, You authorize the Platform to disclose your information under the following conditions:
When the Platform is asked to provide such materials to relevant government authorities or law enforcement agencies;
When the Platform is asked to provide such materials by any of our affiliated companies and partners;
When a third party is working with the Platform and needs such materials to provide You with the Service (excluding your bank information);
When You and a third party are involved in a civil dispute where the Platform has the right to disclose your identity and related materials to the third party.
Please refer to the Privacy Policy on the Platform for more information about data protection.
4. Security Deposit
The Advertiser shall comply with the terms and conditions in this Advertiser Service Agreement, as well as have read, understood, and accepted the following Security Deposit clause:
4.1 Description of Security Deposit
The Platform will require the Advertiser to deposit and lock a certain amount of assets in its security deposit account after verifying and passing the Platform's KYC and anti-money laundering review. The required amount and asset type vary in accordance with your nationality and your type of publishing rights on this Platform. Please refer to the verified personal information in your Advertiser Account for the specific requirement.
4.2 Confiscate Security Deposit
The Platform has the right to confiscate some or all of the Advertiser's security deposit in the following cases:
The Advertiser fails or refuses to cooperate or perform the corresponding obligations and causes damages to other users after being deemed to be at fault by the Platform in a transaction dispute and is held liable for the dispute;
The Advertiser repeatedly violates "The Advertiser Credit Points Rules" and is punished in accordance with the relevant terms and rules;
The Advertiser uses the Platform to perform illegal activities, including but not limited to money laundering, illegal arbitrage trading, market manipulation, or interference with the trading system;
The Advertiser causes damages to the Platform and its reputation by using the brand, HKD, to engage in any false or misleading publicity or promotion;
The Advertiser uses other people's identities, credit cards, or bank cards to perform unlawful activities such as money laundering and causes damages to related users or parties;
The Advertiser has unusual orders and is being complained about but fails to be contacted due to any objective reason (e.g., the Advertiser is detained by the police);
The Advertiser violates any terms and conditions of this Agreement, any legal documents, or transaction rules on the Platform;
The Advertiser fails to report to the Platform as required after its payment method is suspended;
The Advertiser engages in unauthorized cross-platform transactions and uses its HKD account to collect and make payments in such unauthorized cross-platform transactions and fails to perform the effective separation of risky funds, which results in freezing other users' accounts on the Platform;
Other circumstances where the Platform evaluates the situation and determines that a deduction should be made from the Security Deposit.
The confiscated amount is determined by the severity of the actual consequences after the Platform conducts the risk control assessment. Examples include but are not limited to the following:
The deducted amount is generally used as compensation for the actual losses caused by the user. However, if the security deposit is insufficient to cover the losses caused by the user, We have the right to require You to provide an additional security deposit. The amount of the additional security deposit is confirmed by the Platform.
The Platform has the right to confiscate all of your security deposit under the following circumstances:
When the Advertiser is found and identified by the Platform as having directly participated in or assisting in money laundering or other illegal activities
When the Advertiser is found and identified as having been involved in money laundering by conducting cross-platform OTC transactions on high-risk platforms (platforms with low-risk control capabilities such as lack of KYC review)
When the Advertiser forms any authorized trading groups or participates in any authorized community trading and fails to perform KYC and verify basic information from the trading party, which results in bringing illegal funds and assets to HKD.
When the payment of the Advertiser leads to freezing the bank cards of three or more users, and the Advertiser refuses or does not actively cooperate to resolve the issue.
When the bank card the Advertiser uses is suspended, and the Advertiser fails to report the issue to the Platform as required, or when the Advertiser fails to inform the Platform after its bank card is frozen, which causes losses or damages to other users on the Platform.
5. Advertiser Account Termination
The Advertiser shall comply with the terms and conditions in this Advertiser Service Agreement, as well as have read, understood, and accepted the following Advertiser Account Termination clause:
5.1 When the Advertiser terminates its own account and publishing rights:
The Advertiser must submit a formal application to the Platform to terminate its Advertiser Qualification should the Advertiser wants to cancel its verification due to personal reason. If the Platform confirms the Advertiser is not involved in any unresolved dispute or any illegal activities, the Platform will complete the termination within seven (7) working days and transfer the remaining Security Deposit to Your Fiat Currency Account.
5.2 When the Platform unilaterally terminates the Advertiser Account
The Platform has the right to terminate your Advertiser account if one of the following conditions exists:
The Advertiser has received many complaints during trading on this Platform;
The Advertiser provides false or misleading information during the application;
The Advertiser appears to use the Platform in a fraudulent manner or maliciously spreads bad information that affects the Platform and its reputation;
The Advertiser does not cooperate with the Platform's customer support to process the order or delay the process intentionally;
The Advertiser maliciously uses the rules of the Platform to gain profit;
The Advertiser is identified by the Platform to use other people’s bank cards to trade or engage in money laundering;
The Advertiser is found and identified as having been involved in money laundering or other illegal activities by performing trading on platforms with low KYC/ risk control capabilities or in high-risk OTC communities. If other user accounts are frozen due to the actions of the Advertiser, the Advertiser is required to cooperate with the Platform for account unfreezing in addition to being disqualified as an Advertiser and having the Security Deposit confiscated;
The Advertiser must carry out proper risk control and identification measures such as KYC and AML to prevent illegal funds from flowing into the Platform if the Advertiser engages in unauthorized cross-platform OTC transactions. The Advertiser must separate its funds and avoid using its HKD Account to collect or make payments in unauthorized cross-platform OTC transactions. If any user account is frozen because the Advertiser fails to effectively separate its funds or account in such unauthorized cross-platform transactions, the Platform has the right to terminate your Advertiser Account immediately;
The Advertiser’s bank account or payment account is frozen but fails to report to the Platform as required;
The Advertiser violates this Agreement or “The Advertiser Credit Points Rules”;
The Advertiser violates the rules, purpose, or spirit of the Platform and their actions are not in conformity with public order, good customs, and fair transactions as determined by the Platform.
6. Limitation of Liability
The Advertiser shall comply with the terms and conditions in this Advertiser Service Agreement, as well as have read, understood, and accepted the following exemption and limitation of liability:
6.1 Over-the-counter Trading is extremely complicated, and You have to pay extra attention to the risk of involving in any money laundering or illegal activities. You must trade in accordance with the procedures and rules of the Platform and verify the identity of the trading party in accordance with the requirements of the KYC and anti-money laundering principles; otherwise, your bank account can be frozen due to your trading party’s criminal actions. The Platform is not liable for any loss that may be caused arising out of this situation.
6.2 The Platform only provides matching services for C2C transactions and is not a party to a C2C transaction. All transactions are carried out solely by the users. You agree to independently bear all the risks arising from the engagement in C2C transactions should you violate any of the terms and rules of this Agreement. The Platform is not responsible or liable for any losses due to the Advertiser’s violation of this Agreement or any damages caused by the Advertiser.
6.3 The Advertiser must avoid illegal funds or assets flowing into the Platform (especially when the Advertiser withdraws coins in authorized cross-platform OTC transactions, the Advertiser must identify the trading party and separate the funds properly) to prevent from using the Platform to engage in illegal activities including but not limited to money laundering or illegal arbitrage trading. If the Advertiser is identified and verified as having participated in unlawful activities on this Platform (e.g., using, buying, or renting other people’s bank cards to wash trades or illegally bulk trade in US dollars), the Platform has the right to take necessary actions including but not limited to suspending, freezing or canceling the use of your HKD.com OTC Advertiser Account, confiscating your security deposit, referring your case to a judicial institution and more. The Platform is not liable for any losses or damages arising directly or indirectly from the action taken.
6.4 The platform discourages You from renting or buying other people’s bank cards to trade:
If you rent or buy other people’s bank cards to wash trades, resulting in the loss of the real owner of the card, the Platform has the right to refer You to the judicial institution or government authorities and is not liable for any losses caused by the action taken.
You are obliged to cooperate with the investigation and unfreeze the account if you have rented or bought other people’s bank cards to trade which then has led the police to freeze the other user accounts or cards due to the payment received from You. If you refuse to cooperate, the Platform has the right to confiscate your security deposit to compensate for the loss of the other users and is not liable for any losses or damages arising directly or indirectly from the action taken.
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