ADDITIONAL TERMS APPLICABLE TO FIAT-TO-VIRTUAL-ASSET ON-RAMP SERVICES – HashKey Global

ADDITIONAL TERMS APPLICABLE TO FIAT-TO-VIRTUAL-ASSET ON-RAMP SERVICES

All capitalized terms and references used in these Additional Terms that are defined and construed in the Investor Business Terms (the “Terms”) but are not defined or construed in these Additional Terms shall have the same meaning and construction in these Additional Terms. For the avoidance of doubt, where a term is defined both in the Terms and in these Additional Terms, for the purposes of these Additional Terms only, the definition in these Additional Terms shall prevail.

The terms set out hereunder shall be supplemental to and are to be read together with the Terms. In the event of any conflict or inconsistency between the provisions set out under the Terms and these Additional Terms, the terms in these Additional Terms shall prevail unless expressly stated otherwise.

There are additional specific risks that apply to the On-Ramp Services, including risks relating to payment processing, third-party provider controls, delayed or failed settlement, refunds, chargebacks, fraud prevention, sanctions screening, compliance reviews, transaction limits, technical issues and blockchain-network conditions affecting delivery or crediting. You must have the financial ability, sophistication, experience, tolerance and willingness to bear those risks. The On-Ramp Services may only be made available by HBML to Clients who satisfy HBML’s applicable eligibility, onboarding, account-status, jurisdictional, compliance, security and risk-management requirements from time to time. Before using the On-Ramp Services, you should carefully review your financial situation, experience and objectives, ability to bear risks and other relevant circumstances to determine whether the On-Ramp Services are suitable for you. You should consult professional advisers, including legal, tax, financial and accounting advisers, as may be appropriate. By selecting “Continue”, “Proceed”, “Buy” or any similar button, or by otherwise using the On-Ramp Services, you agree that you assume all risks specifically relating to the relevant On-Ramp Transaction and that HBML and/or its group affiliates will not be responsible for any losses you may suffer except to the extent determined by Applicable Laws.

The On-Ramp Services are intended only for Clients who are authorised to access the relevant Products and Services. They are not intended for Clients who are subject to any applicable restrictions. You are responsible for familiarising yourself with and complying with any restrictions and/or requirements regarding access to and use of the Products and Services offered by HBML in each country or region from which you access them. HBML reserves the right to modify, change, refuse, limit, suspend or impose additional restrictions on your access to and use of the On-Ramp Services at any time, in its sole discretion, with or without prior notification, subject to Applicable Laws.

ON-RAMP SERVICES

HBML may make available functionality, including functionality described on the Platform as “Buy Crypto”, that enables eligible Clients to purchase supported Virtual Assets using an eligible fiat payment method, including a debit card, credit card, Apple Pay or another payment method made available by HBML and/or an On-Ramp Provider from time to time (the “On-Ramp Services”). The Client may use the On-Ramp Services in accordance with the Terms, these Additional Terms, the Rules and any applicable disclosures or instructions made available by HBML from time to time.

The On-Ramp Services are limited to the purchase of supported Virtual Assets using eligible fiat payment methods. They do not include the sale of Virtual Assets for fiat currency, fiat withdrawals, fiat payouts or any other off-ramp functionality unless HBML expressly notifies the Client otherwise.

By using the On-Ramp Services, which HBML may in its absolute discretion make available to the Client from time to time, the Client agrees to be bound by these Additional Terms. The Client acknowledges and agrees that access to and continued use of the On-Ramp Services is subject to HBML’s eligibility, onboarding, account-status, jurisdictional, compliance, sanctions, security and risk-management requirements from time to time, and that HBML may refuse, restrict, suspend or withdraw access where those requirements are not met or are no longer met.

ADDITIONAL RISKS ASSOCIATED WITH ON-RAMP SERVICES
In addition to the other risks disclosed by HBML that are relevant to the Client’s use of the Services and Products, the Client expressly acknowledges, understands and accepts each of the following risks as applicable, and provides their consent to assume such risks:

Payment authorisation, successful card authentication or submission of a payment instruction does not mean that the On-Ramp Transaction has completed or that the relevant Virtual Assets will be credited to the Client’s Account. Crediting may be delayed, declined, restricted or reversed due to payment-provider controls, fraud-prevention measures, compliance checks, sanctions screening, technical issues, blockchain-network conditions affecting delivery, transaction errors or other circumstances.

The Client may be subject to limits, fees, exchange rates, spreads, payment authentication requirements, refunds, Chargebacks or other conditions determined by HBML and/or the On-Ramp Provider from time to time. The Client should review the applicable transaction details and fees before confirming any payment instruction.

The On-Ramp Services may involve reliance on third-party systems, payment networks, card schemes, wallet infrastructure, blockchain networks and other service providers. HBML is not responsible for delays, failures, losses or errors caused by such third parties except to the extent required by Applicable Laws.

If there is an actual or suspected payment reversal, refund, Chargeback, fraud, security incident, sanctions or compliance concern, transaction error or other issue affecting an On-Ramp Transaction, HBML may delay, decline, restrict or, where legally and technically possible, reverse any Account credit or take any other action it considers necessary for risk management, compliance or client protection.

THIRD-PARTY ON-RAMP PROVIDER

HBML may make the On-Ramp Services available through a third-party on-ramp and payment provider (the “On-Ramp Provider”). The Client may be redirected to, or use, the On-Ramp Provider’s checkout environment in connection with an On-Ramp Transaction.
Before completing an On-Ramp Transaction, the Client may be required to review and accept the relevant On-Ramp Provider’s terms of service, privacy notice, risk disclosures and any other documents or consents required by the On-Ramp Provider. Those documents govern the relationship between the Client and the On-Ramp Provider, including payment checkout, payment processing, quotes, fees, payment authentication, refunds, Chargebacks and the On-Ramp Provider’s processing of personal data.

The On-Ramp Provider, rather than HBML, is responsible for the payment-processing and payment-checkout aspects of an On-Ramp Transaction. HBML is not the merchant of record, payment acquirer, card issuer or payment processor for an On-Ramp Transaction unless HBML expressly notifies the Client otherwise.

ON-RAMP TRANSACTIONS AND CREDITING

In order to use the On-Ramp Services, the Client must satisfy the eligibility criteria determined by HBML from time to time. HBML may change the eligibility criteria relating to the use of the On-Ramp Services at any time, including by introducing additional requirements. To be eligible to use the On-Ramp Services, the Client may be required to submit additional documents or information to HBML and/or the On-Ramp Provider, satisfy verification, onboarding, account-status, jurisdictional, compliance and product access requirements, and represent, warrant and undertake that its use of the On-Ramp Services complies with all Applicable Laws.

The payment method, supported Virtual Asset, blockchain network, transaction limit, quote, exchange rate, spread, fees and other transaction terms applicable to an On-Ramp Transaction may be determined or changed by HBML and/or the On-Ramp Provider from time to time. The Client should review the applicable transaction details and fees before confirming a payment instruction.

An On-Ramp Transaction is not complete because the Client has submitted a payment instruction or received payment authorisation. HBML will credit the purchased Virtual Assets to the Client’s Account only after HBML has received the relevant Virtual Assets and completed its applicable operational, security, reconciliation, sanctions and compliance checks.

HBML may delay, decline, restrict or, where legally and technically possible, reverse an Account credit where there is an actual or suspected payment reversal, refund, Chargeback, fraud, security incident, sanctions or compliance concern, transaction error or other issue affecting the transaction.

The Client must use a payment method that the Client is authorised to use and must provide complete and accurate information. The Client must cooperate with HBML and the On-Ramp Provider in connection with any payment dispute, refund, Chargeback, fraud review, compliance review or transaction investigation.

PAYMENT METHODS, LIMITS, QUOTES AND FEES

The Client agrees to pay all commissions, charges, spreads, network fees, payment fees, processing fees and other fees applicable to the On-Ramp Services as notified, published or otherwise made available by HBML and/or the On-Ramp Provider from time to time. Different fees, limits, supported payment methods, supported Virtual Assets, supported blockchain networks, exchange rates, quotes, rebates, waivers or promotional arrangements may apply to different Clients, client categories, jurisdictions, payment methods, transaction types, Virtual Assets or other account characteristics, in each case as determined and disclosed by HBML and/or the On-Ramp Provider from time to time.

DATA SHARING AND PERSONAL DATA

By using the On-Ramp Services, the Client acknowledges that HBML may be required to share the Client’s personal data and transaction information with the On-Ramp Provider, and receive relevant information from it, to enable the On-Ramp Services, process and reconcile transactions, prevent fraud, conduct compliance and security checks, handle support queries and complaints, and comply with Applicable Laws. HBML processes personal data in accordance with the HashKey Global Privacy Policy, as updated from time to time. The processing of personal data by the On-Ramp Provider is governed by the On-Ramp Provider’s privacy notice.

SUSPENSION, REFUSAL AND TERMINATION

In addition to other rights set out in the Terms, HBML may, in its sole discretion and without liability to the Client, with or without prior notice, refuse, limit, suspend, withdraw or terminate the Client’s access to all or any part of the On-Ramp Services, or delay, decline, restrict or reverse an Account credit, where HBML considers it necessary or desirable for compliance with Applicable Laws, regulatory requirements, sanctions requirements, fraud-prevention measures, security controls, account procedures, payment-provider requirements, risk management, client protection or any other valid reason.

QUERIES AND COMPLAINTS

Queries or complaints concerning the HBML Platform or crediting of the Client’s Account should be directed to HBML. Queries or complaints concerning payment checkout, payment processing, quotes, fees, refunds or Chargebacks should be directed to the relevant On-Ramp Provider. HBML and the On-Ramp Provider may cooperate to address matters affecting both services.

DEFINED TERMS APPLICABLE TO THE ON-RAMP SERVICES ADDITIONAL TERMS
“Buy Crypto” means the functionality made available through the Platform as part of the On-Ramp Services that enables an eligible Client to purchase supported Virtual Assets using a bank card or any other eligible payment method made available from time to time. Payment processing, conversion and delivery in connection with Buy Crypto may be performed by HBML and/or one or more On-Ramp Providers or other designated service providers.
“Chargeback” means a reversal, cancellation, refund, dispute or other return of funds or equivalent payment adjustment in respect of a payment made or purported to be made in connection with an On-Ramp Transaction.
“On-Ramp Provider” has the meaning given in Clause 3.1 of these Additional Terms.
“On-Ramp Services” has the meaning given in Clause 1.1 of these Additional Terms.
“On-Ramp Transaction” means a transaction or attempted transaction under which a Client purchases or seeks to purchase supported Virtual Assets using an eligible fiat payment method through the On-Ramp Services.

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