To protect your rights and interests, please read the terms of this Agreement carefully before signing this Agreement (especially those with boldface headings or boldface type). If you do not agree to all or part of this Agreement, please do not sign this Agreement.
1. Important Notice
1.1 By clicking the "I Agree" button below this Agreement, you are fully aware of and fully understand the content and meaning of this Agreement and are willing to be bound by it and will be considered to become our customer. This agreement is effective between you and CBI UNION LIMITED.
1.2 The obligations under this Agreement are subject to our acceptance of you as our customer. We have the right to decide unilaterally whether or not to accept you as our customer.
1.3 We may translate these clauses into other languages. In the event of any dispute or misunderstanding as to the interpretation of the language or terms of this Agreement, the English version shall prevail.
1.4 We will inform you in a timely manner of any significant changes to these terms and conditions by electronic methods, you are also obliged to consult them on a regular basis.
1.5 You acknowledge that CBI UNION LIMITED is an independent legal entity, not a branch of any other organization or legal entity. The account that you open with CBI UNION LIMITED is a payment account. CBI UNION LIMITED will hold your funds in a separate client account in bare trust, and will only transfer or remit the funds upon your instruction. CBI UNION LIMITED will not pay any interest on any funds in it nor invest your funds in any way.
1.6 You shall be solely responsible for understanding and complying with the laws and regulations of your own country, as well as the laws and regulations that may apply to you in relation to your use of CBI UNION LIMITED services, including but not limited to, laws and regulations related to the following area or payment services: anti-money laundering and anti-terrorist financing requirements, consumer protection, privacy protection, anti-discrimination, gambling, false advertising, illegal sale or purchase or trading of any goods or services, and related import and export activities, taxes or foreign exchange transactions.
1.7 If you violate this Agreement or any other agreement signed with CBI UNION LIMITED, or if the risks that were not previously agreed to was identified upon inspection of your transaction activities, we may close, suspend or restrict your use of CBI UNION LIMITED services. We can also limit your access to the funds according to the instructions of the related government agencies.
1.8 Protecting your privacy is an important task for us. please read our privacy policy carefully to understand our commitment to protect your privacy and to use or disclose your information.
2. Definition
In this Agreement, the following terms have the following meanings:
2.1 "Agreement" means terms and conditions, as well as attachments and any reference documents or appendix, including privacy policy.
2.2 "Customer" means any corporate body or organization in which “You”- who signed this Agreement and registered the CBI UNION LIMITED account in its name.
2.3 "Fees" means the amount of money that you pay us for the use of CBI UNION LIMITED services.
2.4 "Remitting" means the funds that transmit from the approved platform or payer to the designated payment account.
2.5 "Remittance" means the funds that transmit from the designated payment account to the approved platform or the payee/recipient.
2.6 "Remittance Order" means any order issued by the customer to the CBI UNION LIMITED requesting the transfer of funds to the approved recipient/payee.
2.7 "Approved payee/recipient" means a natural or legal individual/entities authorized by CBI UNION LIMITED.
2.8 "CBI UNION LIMITED"" or" We "or "us" are your partners.
2.9 "CBI UNION LIMITED Account" means the account that enable you to register and use the services of CBI UNION LIMITED.
2.10 "CBI UNION LIMITED account balance" means the amount of funds shown in your CBI UNION LIMITED account.
2.11 "CBI UNION LIMITED service certificate" refers to the certificate of the Receiving Account (including bank account, route number, IBAN, etc.) provided for the use of the service of CBI UNION LIMITED.
2.12 “CBI UNION LIMITED Services”or The service of CBI UNION LIMITED” means all payment-related services provided by CBI UNION LIMITED under this Agreement.
2.13 "Service providers" include banks, payment service providers, clearing networks and other third-party payment service providers used during the CBI UNION LIMITED service process.
3. Overview of CBI UNION LIMITED Services
3.1 CBI UNION LIMITED provides the following services for you as the customer;
(a) Receiving payments from the approved platform or payer to your CBI UNION LIMITED account;(b) paying from your CBI UNION LIMITED account to the approved platform or recipient.
3.2 Depending on the following factors, CBI UNION LIMITED services may be limited or unavailable in a particular jurisdiction:
(a) the location of you, the platform and/or the payer;(b) Regulatory requirements applicable to the areas under the jurisdiction of accounts;
(c) other similar factors reasonably determined by CBI UNION LIMITED.
3.3 To provide CBI UNION LIMITED services, CBI UNION LIMITED may rely on their own group, financial institutions, third-party banking institutions and/or payment providers, all of which are subject to abiding by the local laws and regulations.
3.4 CBI UNION LIMITED is registered to provide: Operating a money or value transfer service; and Changing foreign currency.
4. CBI UNION LIMITED account
4.1 Eligibility. Opening a CBI UNION LIMITED account shall meet all the requirement bellow:
(a) You can only use CBI UNION LIMITED services for commercial and business related activities. CBI UNION LIMITED services are intended to facilitate conduct related to commercial and business activities and are not applicable to use between individuals or private persons. To have a CBI UNION LIMITED account, you shall use it in the course of carrying out your own business, trade or profession, not for personal or family purposes or as a consumer. You hereby confirm and indicate that you are using our services for commercial purposes when using CBI UNION LIMITED services.(b) You guarantee that you have full legal capacity to sign contracts. If you register CBI UNION LIMITED services on behalf of an enterprise or business organization, you guarantee that you have been legally authorized under the format documents of that business organization and/or under the laws of your country and have the right to agree to and accept this agreement.
4.2 Duties of CBI UNION LIMITED. Except for our limited responsibilities in facilitating certain collection and payment under this agreement, we are not involved in any potential transactions between you and the buyer, platform, supplier, payer or recipient. You authorize us to hold, receive and issue funds according to your receipt and payment instructions or request. Within this limited scope, we are neither a trustee nor a buyer or seller of your product or service, nor a party to a potential contracting party. We can use the services of one or more group/companies and/or service providers to provide CBI UNION LIMITED services and issue transactions.
4.3 Validation. Your use of the CBI UNION LIMITED service must go through CBI UNION LIMITED' "know your customer" ("KYC") and the approval process at the time of registration. We have the right to request you to provide (including but not limited to) your identity information, business information, and shareholder information for registering CBI UNION LIMITED account. You agree that CBI UNION LIMITED can take the necessary means to check and verify the information you provide, including by using a third-party mediation or information base to verify your identity. Before or during the use of CBI UNION LIMITED services, we may require you to provide additional relevant business information and documentation, including but not limited to the identification documents, address or ownership certificates and other company documents that allow CBI UNION LIMITED to verify your individual or organizational shareholders. You agree to provide CBI UNION LIMITED with any information that CBI UNION LIMITED requires you to comply with their performance obligations within three (3) natural days. Failure to provide information on such requirements may result in our refusal to provide you with CBI UNION LIMITED services. Under no circumstances shall we provide or be deemed to provide any tax amount, legal opinion, approval or proposal and its amount and time related to the payment of the bill, or any tax or legal opinion or other opinion regarding your relationship with the payee, or tax administration, or your tax, legal or business status or circumstances.
4.4 Account operation history. We will provide you with a summary of your CBI UNION LIMITED account activities our partner’s website or mobile app.
(a) Information on the settlement of recorded payments, fees and exchange rates will be displayed on the online transaction record of your CBI UNION LIMITED account. Please confirm the above information. If any errors are found, please check all transaction information and immediately notify CBI UNION LIMITED to request correction. If you did not notify CBI UNION LIMITED within 3 months from the date of the transaction is available, it will constitute your acceptance of the transactions listed in the CBI UNION LIMITED account.(b) Unless otherwise required by law, you are solely responsible for (a) summarizing and keeping all transactions and other information related to your CBI UNION LIMITED account, as well as permanent records of your use of CBI UNION LIMITED services, and checking all collection and payment activities from your CBI UNION LIMITED account to ensure that they are authorized.
4.5 Processing and rejection. We will deal with transactions that we consider legitimate and authorized. You acknowledge and accept that, be compliance with anti-money laundering regulations or internal risk management decisions, CBI UNION LIMITED has the right to refuse payment, restrict payment or suspend the use of CBI UNION LIMITED accounts against you at any time. You are aware that transactions conducted within the framework of this Agreement may be subject to notifications to the New Zealand Financial Intelligence Unit. You may consult all disclosed information relevant to you in accordance with applicable law, provided that your acquisition does not affect the purpose of combating money laundering and terrorist organization financing. You may not bring any legal actions against us or take any professional actions for reporting information to the relevant authorities on the basis of reasonable suspicion by CBI UNION LIMITED company directors and employees.
4.6 Restrictions on use. You agree that you will not:
- Breach of this Agreement, Privacy Policy and any other agreement applicable to you;- Violate any applicable law and any laws or regulations of the country/region where your products or services are manufactured, purchased, stored or sold;
- Engage in illegal business or activities;
- Infringe or misappropriate of CBI UNION LIMITED or any third party's intellectual property rights, public rights or privacy;
- The sale of imitations that infringe the intellectual property rights of third parties;
- Provide false, inaccurate or misleading information;
- Refuse to cooperate in the investigation or confirmation of your identity or any information you provide to us;
- Send or receive funds that CBI UNION LIMITED reasonably believes which may involve money-laundering, terrorist financing or other illegal activities.
If CBI UNION LIMITED believes that you have any of the above restricted behaviors, we may at our own discretion to suspend or terminate your CBI UNION LIMITED account or refuse to provide you with any CBI UNION LIMITED services in the future.
4.7 A court order or regulatory action. If CBI UNION LIMITED have received court orders, regulatory orders or similar legal or government notices that may affect your CBI UNION LIMITED account, we may temporarily or permanently withhold, freeze, or even release to a third party, all or part of the funds in your CBI UNION LIMITED account as required. CBI UNION LIMITED will decide on our own discretion. Unless otherwise required by a court order, applicable law, regulatory requirements or other legal proceedings, we shall inform you of the above actions. CBI UNION LIMITED has no obligation to defend or appeal against any court order or legal proceedings involving you or your CBI UNION LIMITED account.
5. Remitting
5.1 Only the platforms or payments which are approved by CBI UNION LIMITED may be made to your CBI UNION LIMITED account for CBI UNION LIMITED’ permitted purposes. The approval of the platform or payment shall be decided by CBI UNION LIMITED's sole discretion. The payments without CBI UNION LIMITED’ approval may be rejected. Any costs and expenses related to the rejected payment shall be borne by your own cost (if applicable). You undertake that the funds which is receiving through CBI UNION LIMITED services does not violate the agreement with the platform.
5.2 You can charge with USD and other currencies.
5.3 After you open your CBI UNION LIMITED account, you can provide the account information to the platform or recipient that you wish to receive payment through CBI UNION LIMITED services. Please note that you are not allowed to perform any activities beyond the scope of CBI UNION LIMITED services.
5.4 CBI UNION LIMITED services only accept wire transfer, the services of remitting and remittance do not support cash, credit card payments.
6. Remittance
6.1 You should ensure that the information should include the following list when the remittance are initiated:
a) Currency type and the amount of remittances;
b) Recipient’s Account name and account number;
c) Receiving bank information, including receiving bank’s name, bank address, bank code (such as Swift number, ABA, IBAN, etc.);
d) other information required by CBI UNION LIMITED to make remittances as required by law.
6.2 If the information provided by the customer is incomplete or incorrect due to technical problems, CBI UNION LIMITED may refuse to execute the remittance instruction.
7. Foreign Exchange Settlement and Withdrawal Services
7.1 CBI UNION LIMITED foreign exchange settlement Service. After your receiving account receives the relevant transaction funds, you can submit a corresponding withdrawal request ("Foreign Exchange Settlement and Withdrawal Instructions") to CBI UNION LIMITED, and instruct CBI UNION LIMITED to pay part or all of your transaction funds (after deducting related service fees) to your designated bank account. The above services are collectively referred to as "CBI UNION LIMITED Foreign Exchange Settlement and Withdrawal Services".
7.2 You understand and agree that, for the purpose of using CBI UNION LIMITED Foreign Exchange Settlement and Withdrawal Services, CBI UNION LIMITED will synchronize your identity information and transaction information to CBI UNION LIMITED’s cooperative third parties in real time. You also agree that CBI UNION LIMITED’s cooperative third parties will handle the balance of payments declaration for you in accordance with the procedures required by relevant laws and regulations (if applicable).
7.3 CBI UNION LIMITED will urge the cooperative third party to remit the funds to your designated bank account within a reasonable period after receiving your transaction funds. Meanwhile, CBI UNION LIMITED will also settle your transaction funds to your designated bank account through a cooperative third party (if applicable) after receiving your Foreign Exchange Settlement and Withdrawal Instructions and the corresponding transaction funds. You agree that if the time of receiving your Foreign Exchange Settlement and Withdrawal Instructions by CBI UNION LIMITED or the cooperative third party or the time for settlement of funds is non-working time of the local bank, CBI UNION LIMITED or the third party will postpone the work to the next working day of the local bank.
7.4 If the settlement amount corresponding to any of your Foreign Exchange Settlement and Withdrawal Instructions does not comply with the relevant cross-border settlement laws and regulations, CBI UNION LIMITED has the right not to execute this instruction. You shall bear the exchange losses that may occur due to the exchange rate difference between the two exchanges before and after the settlement funds, as well as the relevant bank fees and/or the corresponding handling fees (if any) paid by CBI UNION LIMITED.
7.5 You must ensure that your Foreign Exchange Settlement and Withdrawal Instructions, including but not limited to your designated bank account and the settlement and withdrawal amount, are accurate. If occurs the relevant fund transfer error due to your Foreign Exchange Settlement and Withdrawal Instructions, CBI UNION LIMITED will not take any responsibility. If the remittance or the withdrawal of foreign exchange is rejected due to your Foreign Exchange Settlement and Withdrawal Instructions (including the situation where your Foreign Exchange Settlement and Withdrawal Instructions are rejected due to non-compliance with laws and regulations or regulatory requirements), you will bear all the expenses incurred, and you agree that CBI UNION LIMITED has the right to deduct the corresponding fees directly from your receiving account balance.
7.6 You understand and agree that your Foreign Exchange Settlement and Withdrawal Instructions are irrevocable once issued.
8. Cost
8.1 The cost of service is USD200 per year for maintaining the account, payable annually.
9. Termination and suspension
9.1 If you wish to terminate this Agreement or your CBI UNION LIMITED account, you can stop using CBI UNION LIMITED services. The terms and conditions of this Agreement, warranty, disclaimer, liability and limitation of liability shall remain in full force even after the termination of this Agreement.
CBI UNION LIMITED can suspend or terminate some or all of the CBI UNION LIMITED services to you at any time for any reason. If possible, we will give at least one (1) month's notice by email, unless exceptional circumstances or regulatory circumstances (including but not limited to court or government orders) result in the fact that CBI UNION LIMITED must take immediate action, e.g.,(a) you provide false, misleading, incomplete or inaccurate information or other dishonest conduct;(b) you violate this agreement or any other agreement ;(c) your CBI UNION LIMITED account is damaged or for other security reasons; (d) you engage in fraud, money laundering, terrorist financing or other illegal activities, or we have the above reasonable suspicion ;(e) you use CBI UNION LIMITED services in accordance with the applicable law involving illegal acts or fraud, or we have the above reasonable suspicion; or (f) we have other suitable reasons. We will send notice of termination / suspension of service, and we will also provide instructions on how to withdraw the remaining funds if the applicable law does not prohibit.
9.2 When your CBI UNION LIMITED account is suspended or terminated, any continued attempt to use CBI UNION LIMITED services will result in your funds being rejected and returned to the platform and may be notified to the relevant department as required. You are solely responsible for any expenses related to the rejected payment.
10. Use CBI UNION LIMITED Services Safely
10.1 You should properly protect your CBI UNION LIMITED account, password and service certificate, as well as computers, mobile phones or other equipment from any risk of loss, embezzlement, unauthorized use.
10.2 If any of the following occurs, please contact us immediately:
(a) if you find any loss, theft, embezzlement or unauthorized use of your CBI UNION LIMITED account;(b) within 3 months after the date of transaction, you find any unauthorized or incorrect settlement request or transaction.
10.3 CBI UNION LIMITED will keep you informed in the appropriate manner.
11. Limited liability
11.1 CBI UNION LIMITED or its service providers are not responsible for any of the below, nor are we responsible for any contractual liability, negligent liability, strict liability or other legal or equitable principle:(i) any special, incidental or indirect damage;(ii) purchase costs of alternative services ;(iii) interruption of use, or loss or damage of information; or (iv) amounts exceeding the full amount that you paid to CBI UNION LIMITED under this Agreement within 12 months prior to the appearance of the cause of action; any failure or delay which is beyond the reasonable control.
11.2 For any credited/recorded payment, you hereby exempted the corresponding payment liability of the Platform, i.e., the related payment CBI UNION LIMITED received from the Platform and will be settled to you through CBI UNION LIMITED in the future.
11.3 Payment orders may be executed only if they meet the regulatory requirements. CBI UNION LIMITED shall not bear any damage that may result from the inaccurate, incomplete or incorrect information (provided by you) which caused that CBI UNION LIMITED fails or mistakenly executes the billing instructions. In the case of VAT payment in the European Economic Area, the payment instruction is executed in accordance with the relevant approved payee’s International Bank Account Number (IBAN), provided that such bank account is held by the EEA’s bank (“unique identifier”). If the unique identifier provided by you is different from any other information, CBI UNION LIMITED only relies on the unique identifier to execute the instruction without any liability. In this case, the funds under the relevant payment instructions transmitted by you will be deemed to have been transferred to the intended beneficiary. If the unique identifier provided by the customer is incorrect, as long as CBI UNION LIMITED executes the instruction according to the unique identifier shown, then CBI UNION LIMITED will not be liable for any damage that may result from the failure or incorrect execution of the billing payment instruction, you will bear full responsibility on your own risks.
11.4 You acknowledge that CBI UNION LIMITED may provide CBI UNION LIMITED services by using facilities which may be provided by banks, payment service providers, clearing networks and other third-party payment processing services. There is no business agreement between the service provider and you, so each service provider does not take any direct responsibility for you.
11.5 You shall be fully responsible for reporting all funds used for CBI UNION LIMITED services to the relevant government tax authorities and paying any related taxes applicable to such payments and fulfilling any other relevant reporting requirements, including but not limited to: any customs or foreign exchange controls.
11.6 Neither party shall be deemed to be in breach of contract or liable for breach of contract due to force majeure resulting in delay in performance or non-performance of the obligations.
12. Other agreements
12.1 Obtain this Agreement. The terms of this agreement have been provided to you before the agreement become effective and are thereafter available on our website. During the terms of the contractual relationship, you have the right to receive and accept the terms and conditions of this agreement at any time.
12.2 Change of agreement. We may update CBI UNION LIMITED services, which means that sometimes we have to change the terms and conditions of this agreement. CBI UNION LIMITED may at its own discretion to amend, modify or update this Agreement. If we make any important changes, we will inform you by email or otherwise. If you disagree with the changes, then you should stop using CBI UNION LIMITED service immediately. Your continual using of CBI UNION LIMITED Services will be deemed as you agree with the updated agreement. However, any transaction or dispute that occurred before the agreement has been changed, it shall be subject to the agreement which is already signed when the transaction or dispute occurred.
12.3 Service providers. CBI UNION LIMITED has the right to allow third parties to provide CBI UNION LIMITED services. CBI UNION LIMITED may require that complete or partial service procedures be handled directly through these third parties, as stated in the privacy policy.
12.4 Anti-Money Laundering & Anti-terrorist Financing Compliance. CBI UNION LIMITED is bound by the applicable law on anti-money laundering and anti-terrorist organization financing. CBI UNION LIMITED therefore reserves the right to obtain information from you, including but not limited to, information about your identity, business transactions, business relationships, and/or financial information. Moreover, CBI UNION LIMITED must take all necessary steps to confirm you and (if applicable) the beneficial owner of the CBI UNION LIMITED account and/or any recorded payments related to the CBI UNION LIMITED account. You acknowledge that even without sufficient information about its purpose or nature, CBI UNION LIMITED can terminate or delay the use of login information at any time, access accounts or execute transactions.
12.5 Severability. Invalidity or unenforceability of one or more provisions of this Agreement shall not affect any other provision of this Agreement. If possible, any unenforceable provision within this Agreement will be modified to reflect the parties’ original intention of interest. The same approach applies to the case of regulatory gaps.
12.6 Compensation. You agree to indemnify, defend and protect any third party against the claims of directors, officers, employees and agents of CBI UNION LIMITED’ parent company or subsidiaries and their companies as a result of your use of CBI UNION LIMITED services to exempt CBI UNION LIMITED from any compensation and expenses (including attorney fees). You agree to compensate CBI UNION LIMITED for any fees or taxes levied from CBI UNION LIMITED due to your business activities, or any fees associated with the services that CBI UNION LIMITED provide to you. You authorize CBI UNION LIMITED to recover any such government fees or taxes from your CBI UNION LIMITED account.
12.7 Disclaimer. CBI UNION LIMITED and its service providers hereby declare that they do not undertake any express or implied warranties, including but not limited to warranties of marketability, specific use and non-infringement. CBI UNION LIMITED and their service providers do not guarantee that there will be no errors in the service or that access rights will remain continuous and uninterrupted. You understand the content or service you have decided to download or otherwise obtain through our CBI UNION LIMITED service is at your own risks.
13. Jurisdiction
13.1 Application of Law. This agreement is governed by, exclusively and construed in accordance with the laws of the Hong Kong.
13.2 Dispute. You hereby agree that any dispute, claim or argument arising under this agreement or with our services, regardless of the nature of the alleged cause of action, it shall be negotiated at first. In the absence of friendly negotiation, the dispute shall be settled by the Financial Dispute Resolution Service, CBI UNION LIMITED’s designated Dispute Resolution Scheme. You may find their contact information on our website, under our disclosure statement.