Payment Services Terms of Service
Last modified: September 2024
1.1 These terms of service (“Terms of Service”) shall apply and regulate your use of the Payment Services via the Platform for Transactions concluded via SECP or offline channels (“Offline Channels”) as supported by Zhenxing Technology Limited (“ZX” or "us" or "our"), a limited liability company established and existing pursuant to the laws of Hong Kong, whose registered address is at 29/F, Three Pacific Place, No. 1 Queen's Road East, Wanchai, Hong Kong. The Payment Services are provided in collaboration with 快捷通支付服务有限公司 (“YiwuPay”), a company incorporated in the People’s Republic of China (registered number 330000000065314) whose registered office is at 浙江省杭州市拱墅区岳帅桥10号1幢502室.
1.2 ZX may, from time to time, amend any provision of these Terms of Service. By using or continuing to use the Payment Services, you shall be deemed to have accepted, and will be bound by, these Terms of Service as amended from time to time.
1.3 Your use of the Payment Services via the Platform may be subject to other terms and conditions as specified by the Platform from time to time. In the event of any conflict between other applicable terms and conditions and these Terms of Service, these Terms of Service shall prevail to the extent of such conflict.
2.1 In these Terms of Service, unless the context otherwise requires:
“Account(s)” means the virtual account(s) provided by ZX as a collection account for sale proceeds resulting from Transactions concluded via the SECP or Offline Channels, through the Platform;
“Affiliates” means from time to time in relation to an entity, another entity Controlling, Controlled by, or under common Control with, that entity;
“Applicable Laws” has the meaning given to the term in Clause 8.4;
“Beneficially Own” or “Beneficially Owned” means direct or indirect ultimate ownership or control by any natural person, including but not limiting to any natural person who:
(a) owns or controls, directly or indirectly, including through a trust or bearer share holding, more than twenty five percent (25%) of the issued share capital a person;
(b) is, directly or indirectly, entitled to exercise or control the exercise of more than twenty five percent (25%) of the voting rights at general meetings of a person;
(c) exercises ultimate control over the management of a person; or
(d) a person is acting on behalf of another person, means the other person;
"Buyer” means:
(a) in relation to Transactions concluded on the SECP, any person registered and accepted as a buyer by the SECP from time to time; or
(b) in relation to Transactions concluded via Offline Channels, the purchaser of the goods or services provided by you.
“China” means the People’s Republic of China (excluding, solely for the purpose of interpretation of these Terms of Service, Hong Kong, Macau and Taiwan);
“Collection Bank Account” means your designated bank account in China;
"Control" means with regard to an entity the legal, beneficial or equitable ownership, directly or indirectly, of 50% or more of the capital stock (or other ownership interest, if not a corporation) of such entity ordinarily having voting rights, or the equivalent right under contract to control management decisions with regard to the relevant subjects, and "Controlling" and "Controlled" shall be defined accordingly;
“Hong Kong” means the Hong Kong Administrative Region of the People’s Republic of China;
"Force Majeure Event" means any event beyond the reasonable control of the affected party, including acts of God, expropriation or confiscation of facilities, war, hostilities, rebellion, terrorist activity, local or national emergency, pandemic, epidemic, government ban, travel ban, government shutdown/ lockdown, sabotage or riots and natural disasters, provided that the affected party has taken reasonable precautions to mitigate its impact;
"Loss" means any and all losses, damages, liabilities, actions, proceedings, claims, demands, costs, expenses, charges, tax, duties, levies, interest, penalties, fines, assessments, and reimbursement orders (including all legal, professional and other expenses and amounts reasonably paid in settlement) paid, suffered or incurred directly as a result of breach of obligation under these Terms of Service;
“Partners” has the meaning given to the term in Clause 3.4;
“Payment Services” has the meaning given to the term in Clause 3.1;
“Platform” means the online platform established and managed by YiwuPay;
"Privacy Policy" means ZX's privacy policy covering the use of the ZX's website and the provision of the Payment Services, as may be amended from time to time;
"Regulator" means any ministry, authority, agency or institution that may, from time to time, regulate, supervise and/or otherwise exercise state authority in relation to either party;
“Sanctions” means (i) the economic sanctions maintained under the laws and regulations of the United States of America, including without limitation the sanctions administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) and the Department of Commerce’s Bureau of Industry and Security ("BIS"); (ii) the sanctions maintained by the United Nations (“UN”); (iii) the sanctions maintained by the European Union; (iv) the sanctions maintained by the United Kingdom; (v) the sanctions maintained by Singapore; and (vi) the sanctions maintained by the government of People’s Republic of China (including, without limitation, those administered by Hong Kong, the People’s Bank of China, the Ministry of Public Security (China), and the Ministry of Commerce (China)); and (vii) any other sanctions maintained by any Regulator from time to time under the Applicable Laws. For the avoidance of doubt, “sanctions” as used in this definition include (without limitation) trade sanctions such as import and export controls;
“Sanctioned Jurisdiction” means the jurisdictions that are subject to comprehensive U.S. sanctions administered by OFAC and BIS and/or sanctions administered by the UN, the European Union, the United Kingdom, Singapore, the government of the People’s Republic of China (including without limitation, those administered by Hong Kong, the People’s Bank of China, the Ministry of Public Security (China), and the Ministry of Commerce (China)) and/or any jurisdiction that is subject to sanctions administered by any Regulator from time to time under the Applicable Laws;
“Sanctioned Person” means any individual, entity, or government that is the target of sanctions (i) administered by OFAC (including, without limitation, those persons on OFAC’s Specially Designated Nationals and Blocked Persons List) and BIS as well as any individual or entity that is located or resident in or organized under the laws of a Sanctioned Jurisdiction, and/or (ii) imposed by the UN, and/or (iii) imposed by the European Union, and/or (iv) imposed by the United Kingdom, and/or (v) imposed by Singapore, and/or (vi) imposed by the People’s Republic of China (including, without limitation, those sanctions administered by Hong Kong, the People’s Bank of China, the Ministry of Public Security (China) and the Ministry of Commerce (China)), and/or (vii) imposed by any Regulator from time to time under the Applicable Laws;
“SECP” means specified e-commerce platform partners of the Platform;
"Transaction” means a transaction between a Buyer and you either: (a) on the SECP for the sale and purchase of goods and services listed on the SECP; or (b) through the conclusion of contracts via Offline Channels;
"Transaction Limit" means such limits that ZX may establish, in ZX’s sole discretion, for: (a) the amount of each Withdrawal Request; (b) the aggregate monetary amount of Withdrawal Requests per day, week, month, year or any other period of time; (c) the number of Withdrawal Requests per day; and/or (d) the number of Withdrawal Requests per month or any other period of time;
“Withdrawal Amount” has the meaning given to the term in Clause 4.3; and
“Withdrawal Request” has the meaning given to the term in Clause 4.1.
2.2 In these Terms of Service, unless the contrary intention appears:
(a) the headings are inserted for convenience only and shall not affect construction;
(b) the singular includes the plural and vice versa;
(c) references to one gender include all genders;
(d) references to any legislation includes all amendments, modifications, consolidations or re-enactments of or to that legislation from time to time;
(e) reference to a document are references to that document as amended or replaced from time to time;
(f) mentioning anything after "include", "includes" or "including" does not limit the reference to anything else which might be included; and
(g) other grammatical forms of defined words and expressions have corresponding meanings.
3.1 ZX shall provide services to you (via the Platform) which will enable you to perform collection, withdrawals, currency exchange, remittance and settlement of funds pursuant to the Transactions concluded between you and Buyers on the SECP and/or you and Buyers via Offline Channels, in accordance with these Terms of Service (the “Payment Services”).
3.2 To use the Payment Services provided by ZX (via the Platform), you are required to register and provide the information on the Platform as specified by on the Platform from time to time. You shall provide (via the Platform) all information ZX may require from time to time in connection with your application for an Account and to use the Payment Services, including without limitation basic information about your business and operations (such as trade documents and contracts), copies of identification documentation, corporate documentation, licences, registrations, or certificates issued by a competent authority, copies of identification documentation for your directors, shareholders, controllers or ultimate beneficial owners, contact person or authorised representatives and any other information that we may request from time to time, including but not limited to any updates of the information referred to in this Clause 3.2 and any Personal Data referred to in the Privacy Policy.
3.3 Upon successful registration and KYC checks, you may proceed to apply for one or more Account(s) from the Platform to be used for Transactions conducted on the SECP or via Offline Channels. You acknowledge and agree that ZX may (via the Platform) specify the currency(ies) available for the Account(s) from time to time.
3.4 You acknowledge and agree that ZX may obtain information from the Platform relating to you and the Transactions conducted between you and Buyers for the purpose of transaction monitoring purposes and reporting to Regulators. ZX may transfer such information to our collaborating financial institutions and payment partners, our service providers and our business partners (together, our “Partners”) for KYC/AML purposes and compliance with Applicable Laws. By agreeing to these Terms of Service, you authorise ZX to obtain such information directly from the Platform and the transfer of such information to our Partners.
3.5 After considering all relevant facts and circumstances, ZX may approve your application and issue the Account(s) to you.
3.6 Notwithstanding any other provision of these Terms of Service, the acceptance of your application for registration to use the Payment Services and the Account(s) shall be subject at all times to our sole and absolute discretion. We reserve the right to reject any application made by you (via the Platform) and to refuse to provide the Payment Services to you, and, suspend or terminate these Terms of Service for any reason, in our sole and absolute discretion without being obliged to provide you with any reason or notification. You shall also inform and update us (via the Platform) promptly and without delay if any of the information that you have provided has changed.
3.7 Our opening of the Account(s) and our provision of the Payment Services to you (via the Platform) is subject to and conditional upon: (i) your provision of complete and accurate know your customer information and supporting customer due diligence documents ("CDD Information") in relation to you and/or your business; and our verification of and satisfaction with the CDD Information and our approval in our sole and absolute discretion. You hereby authorise us to use the CDD Information for the purposes of: (1) identification, verification and authentication; and (2) the performance of these Terms of Service, including our compliance with Applicable Laws in connection with these Terms of Service. For any CDD Information obtained from the Platform, you agree to (1) provide the relevant agreements or documents in relation to such CDD Information; and (2) be liable for the completeness accuracy and consistency of the information provided. We reserve the right to refuse to provide the Payment Services if the CDD Information you provide is incomplete or we are unable to verify your business from such information to our satisfaction. For the avoidance of doubt, CDD Information includes but is not limited to invoices, logistics documents, transaction records containing product details, proof of business relationship between you and the Buyer, due diligence information you collect on the Buyer, and any other information to support the authenticity and validity of your business and any Transactions you initiate, as well as their compliance with Applicable Laws.
3.8 For the avoidance of doubt, you agree and acknowledge that each Account is not a bank account and as such, funds in an Account do not accrue interest and are not subject to protection under the Hong Kong Deposit Insurance Scheme.
4.1 Following successful registration of your Account(s) and the completion of Transactions concluded between you and Buyers on the SECP or via Offline Channels, ZX will request for the relevant Transaction materials from YiwuPay. Upon ZX’s review and confirmation of such materials, you may issue withdrawal requests (“Withdrawal Requests”) to YiwuPay, who will instruct ZX accordingly. Upon receipt of such instruction from YiwuPay, ZX will (i) (where applicable) conduct currency exchange at the exchange rate quoted by us and/or YiwuPay, (ii) deduct transaction charges (if any) from the Transaction amount and (iii) remit and transfer the remaining funds to YiwuPay’s Account, and YiwuPay will distribute the funds into your Collection Bank Account. “You agree and acknowledge that the settlement of funds may not occur in real-time and actual sale proceeds settlement time may vary, depending on various factors including your arrangement with other third parties (including YiwuPay or the SECP), bank processing time, etc.
4.2 You should provide YiwuPay with Withdrawal Requests as soon as reasonably practicable upon the completion of the relevant Transactions. If ZX does not receive any Withdrawal Request from YiwuPay within one hundred and eighty (180) days following the completion of a Transaction, ZX reserves the right to automatically transfer the funds out to YiwuPay’s Account for remittance to your Collection Bank Account.
4.3 You agree that ZX shall not be liable and responsible for any delay or inability to provide you with Payment Services. Under no circumstances shall ZX be liable or responsible for any Loss sustained by you.
4.4 Where your Withdrawal Requests require any exchange of foreign currencies, you agree to accept the rates of exchange as quoted (and conclusively determined) as published on the Platform from time to time.
4.5 ZX has the right to determine from time to time the scope and features of the Payment Services (including the type and scope of transaction in respect of which ZX will provide services, and the timing and frequency of providing such services) and ZX may, in its sole discretion, cancel, withdraw, suspend, vary, expand, or reduce the Payment Services at any time without giving notice or reason.
4.6 ZX may suspend or terminate any or all of the Payment Services for any reason, including lack of compliance with Applicable Laws, lack of compliance with the Platform’s terms or policies, or where we have reason to believe that: (i) you or the Buyer are utilising the Payment Service or the Account(s) for any fraudulent or abusive behaviour; or (ii) providing the Payment Services to you would violate anti-money laundering, counter-terrorism financing, Sanctions or any Applicable Law (including Import and Export Laws), compliance with our business or risk control requirements, invalid data, closure of related account(s), breakdown, maintenance, modification, expansion and/or enhancement work caused or initiated by any telecommunications companies concerned or by any service providers. ZX will not assume any liabilities or responsibilities for any such suspension or termination.
4.7 ZX may suspend or terminate any or all of the Payment Services due to compliance with Applicable Laws or where we have reason to believe providing the Payment Services to you would violate anti-money laundering, counter-terrorism financing, Sanctions or any Applicable Law (including Import and Export Laws). In such circumstances, ZX may refuse to accept any funds in your Account(s) or refuse to process any Withdrawal Requests.
5.1 All Withdrawal Requests shall be provided by you via the Platform (or by such means of telecommunications and in such manner as ZX may accept from time to time for the purposes of the Payment Services).
5.2 ZX may, at any time in its absolute discretion without prior notice and without giving any reason, refuse to execute any Withdrawal Request and cancel or suspend the Payment Services or any parts thereof.
5.3 Subject to ZX’s right not to accept any Withdrawal Request and subject to Clause 5.3, all Withdrawal Requests once given shall be irrevocable and conclusively binding on you without any obligation on ZX to verify or confirm any Withdrawal Request. You agree and acknowledge that you may not cancel any Withdrawal Request unless and until ZX (via the Platform) determines otherwise.
6.1 ZX has the right to impose Transaction Limits in relation to the Payment Services and to adjust any Transaction Limit at their sole and absolute discretion at any time. ZX will notify you of such Transaction Limits via the Platform.
6.2 ZX may, in ZX’s sole discretion, delay, suspend or reject any Withdrawal Requests made by you that exceed any applicable Transaction Limit, or if ZX suspects that the Withdrawal Request would subject ZX to unacceptable financial or security risks, or may be unauthorised, fraudulent, suspicious, unlawful, a violation of anti-money laundering, counter-terrorism financing, Sanctions and regulations or Applicable Laws (including Import and Export Laws), or in violation of the Terms of Service, or otherwise unusual.
7.1 You agree that the Payment Services are provided for your exclusive use only and you shall not allow any unauthorized person to access, use or receive the benefit of the Payment Services. It is your responsibility to adopt proper safeguards against improper use by unauthorized persons or for unauthorized purposes. If there are any suspicion of unauthorized access, you shall promptly notify (via the Platform) ZX.
8.1 From the date of your use of the Payment Services, and continuously until the expiration or termination of these Terms of Service, you represent, warrant and undertake as follows:
(a) you are a resident of Hong Kong or China and will notify ZX (via the Platform) of any changes in residency (if applicable);
(b) you are a corporation company duly incorporated and validly existing and in good standing, and have the corporate power and authority to agree to these Terms of Service and to bind it hereto;
(c) you are legally capable of entering into these Terms of Service and are and will remain bound by them;
(d) the information that you provide to ZX (via the Platform) under these Terms of Service is true, valid, complete and accurate at all times, and you shall promptly notify ZX (via the Platform) of any incorrect information or any changes to such information;
(e) you shall promptly comply with any direction, notice or requirement issued by ZX in relation to the Payment Services, including cooperating in relation to reviews of any Transactions and your compliance with these Terms of Service and Applicable Laws;
(f) neither you nor any your directors, managers, officers, partners, employees or agents is (i) a Sanctioned Person, (ii) owned 50% or more in the aggregate by Sanctioned Persons, (iii) Beneficially Owned by a Sanctioned Person, or (iv) located or resident in or organized under the laws of a Sanctioned Jurisdiction;
(g) you shall maintain your Account(s) during the use of the Payment Services; and
(h) you are utilizing the Payment Services on your own behalf and not on behalf of anyone else or to provide services to your end customers, and your Withdrawal Request represents a genuine transaction request to use the Payment Services on your own behalf.
8.2 In order to be eligible for the Payment Services, ZX may request (via the Platform) such information as required by ZX from time to time for compliance with all Applicable Laws regarding anti-money laundering and counter-terrorist financing. You acknowledge and agree to provide all information as required by ZX from time to time and authorise for such information to be used for the purpose of compliance with all Applicable Laws regarding anti-money laundering and counter-terrorist financing.
8.3 You shall promptly notify ZX (via the Platform) of any changes to any information or documents provided to ZX related to or for any purpose of the Payment Services.
8.4 You acknowledge and agree that the provision and use of the Payment Services shall be subject to applicable laws, rules, regulations, orders, directions, guidelines, codes, notices or restrictions (including without limitation those regarding import and export controls, such laws, rules, regulations, orders, directions, guidelines, codes, notices or restrictions collectively referred to as “Import and Export Laws”) (whether or not having the force of law) issued by any Regulator, government agency, exchange or professional body from time to time, and any applicable service terms and rules in respect of the use of the Platform (together, the “Applicable Laws”). You agree to comply with Applicable Laws in respect of your receipt and use of the Payment Services.
9.1 You shall not use the Payment Services for any illegal or unlawful purposes including but not limited to money laundering, terrorist financing, proliferation financing and avoiding or violating Sanctions and/or Applicable Laws (including Import and Export Laws).
9.2 You are responsible for keeping your security information confidential and to prevent fraudulent or unauthorized usage of the Payment Services and/or your Account(s).
9.3 You shall only use the Payment Services for the sole purpose of settling the Transactions conducted between you and Buyers via the SECP or Offline Channels. If you use the Payment Services for any other purpose other than those specifically provided under these Terms of Service (including collection and settlement of transactions conducted on an e-commerce platform not currently supported by the Platform or receiving any funds unrelated to any Transaction), you are deemed to have breached these Terms of Service and ZX may, its sole discretion, reject your application for the Account(s), use of all or any part of the Payment Services and/or your Withdrawal Requests. You acknowledge and agree that ZX will not be liable for any Loss incurred as a result of the improper use of the Account(s). You further acknowledge and agree that you shall indemnify ZX for any Loss incurred as a result of the improper use of the Account(s).
9.4 You shall not use the Payment Services on any device that you know or have reason to believe has had its security or integrity compromised (for example, where the device has been “jail broken” or “rooted”). You shall be liable for any Loss incurred as a result of your use of the Payment Services on compromised devices.
9.5 By using the Payment Services, you agree to observe all security measures prescribed by ZX (via the Platform) to you from time to time. Without prejudice to any other provisions of these Terms of Service, if you fail to observe the security measures communicated or published by ZX from time to time, ZX shall not be held responsible or liable for any Loss which you may suffer or incur arising from or in connection with the usage of the Payment Services.
9.6 You must inform (via the Platform) ZX immediately if you know or suspect an unauthorized person has accessed or used, or attempted to access or use, your Account(s) or the Payment Services.
10.1 ZX will use commercially reasonable endeavours to ensure that the Payment Services will generally be uninterrupted and that transmissions or transactions on the Payment Services will be error-free. However, due to the nature of communication networks, ZX is not able to provide any guarantees in this regard. In addition, you acknowledge and agree that your access to the Payment Services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services.
10.2 ZX will not be liable for any disclosure of confidential information not herein authorized where you have not complied with any provision of these Terms of Service.
10.3 ZX will not assume any liability or responsibility (unless the following is caused solely and directly by ZX’s gross negligence or wilful default) to you or any other person for the consequences arising from or in connection with:
(a) any interruption, suspension, delay, loss, mutilation or other failure in the Payment Services, howsoever caused;
(b) any mechanical failure, power failure, malfunction, or installation in connection with the Payment Services; or
(c) any Loss caused by any act or omission of the service provider or any third parties in connection with the Payment Services.
10.4 Without prejudice to Clause 10.3 above, ZX will not assume any liability or responsibility for any failure or delay in executing your Withdrawal Requests. In particular, ZX shall not assume any liability or responsibility for the consequences arising from any cause beyond our reasonable control.
10.5 ZX will not be responsible for any Loss caused to your data, software, electronic device, telecommunications equipment or other equipment as a result of your use of the Payment Services unless such Loss is caused solely and directly by ZX’s gross negligence or wilful default.
10.6 ZX shall not be liable or responsible for any complaints or disputes in relation to Transactions between you and the Buyers or other query, claim or dispute.
10.7 ZX shall not be liable for any indirect or consequential loss, or for any loss of revenues, business, profits or any anticipated savings.
10.8 You undertake to indemnify ZX against all Losses of whatever nature that may result or which ZX may sustain, suffer or incur as a result of the provision of the Payment Services to you.
10.9 Nothing in these Terms of Service shall limit or exclude either party’s liability for: (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability to the extent that it may not be limited or excluded in accordance with Applicable Laws.
11.1 Your privacy is important to us. ZX collects and processes all your Personal Data in accordance with these Terms of Service and our Privacy Policy, as may be amended from time to time. By agreeing to these Terms of Service and/or continuing to use the Payment Services, you grant us your consent to process your Personal Data in accordance with these Terms of Service and our Privacy Policy.
11.2 You acknowledge and agree that ZX may use and share Personal Data relating to you with our Partners for the purpose of providing the Payment Services to you, and our Partners may use such Personal Data for the purpose of: (i) assisting in the provision of the Payment Services to you; (ii) conducting KYC/AML checks on you and/or the Transactions; (iii) data analytics including risk analysis; and (iv) compliance with any Applicable Laws.
11.3 ZX and our Partners operate and may continue to operate servers in a number of jurisdictions around the world, so the servers on which your Personal Data is used, processed and stored may not be in your jurisdiction. You hereby consent to the transfer of Personal Data to places outside your jurisdiction for the purposes, or directly related purposes, as described under these Terms of Service. Where such a transfer is performed, it will be done in compliance with the requirements of applicable data protection laws in force at the time of transfer.
11.4 ZX, as the holder of a Money Service Operator licence under Hong Kong's Anti-Money Laundering and Counter-Terrorist Financing Ordinance (Cap. 615), is under regulatory obligations to comply with anti-money laundering, counter-terrorist financing, Sanctions and other transaction monitoring and reporting requirements under Applicable Laws and must comply with these obligations by obtaining, verifying, and recording identifying information about all customers and keeping this information accurate and up to date. ZX will therefore, require you to supply ZX with personal identification information relating to you and may also consult other sources to obtain information about you. ZX will verify your address and other personal details in order to confirm your identity. You hereby consent to ZX's use or process of your Personal Data for the purpose of compliance with Applicable Laws, including customer due diligence, transaction monitoring and reporting requirements under anti-money laundering, counter-terrorist financing, Sanctions and other transaction monitoring and reporting laws and regulations.
11.5 Our Partners may also be subject to regulatory obligations to comply with anti-money laundering, counter-terrorist financing and other transaction monitoring and reporting requirements under Applicable Laws applicable to ZX’s service providers and/or business partners. By using the Payment Services, you acknowledge and accept that ZX may disclose Personal Data relating to you to our Partners in the course of providing the Payment Services and that they may use, disclose or provide such Personal Data to Regulators or government agencies for the purpose of complying with their obligations under Applicable Laws.
11.6 You consent to ZX’s processing of Personal Data in accordance with these Terms of Service and our Privacy Policy (including for the purposes of providing the Payment Services, complying with Applicable Laws and carrying out KYC/AML checks and/or verification and data analytics). You also consent to the use of such Personal Data to enable ZX, our Partners and ZX’s authorised third parties to communicate with you, and for statutory, accounting and archival purposes.
11.7 ZX and our Partners may receive requests from Regulators or be required by Applicable Laws to provide information about you and all information about the Transactions to such Regulators (whether in Hong Kong or abroad). You acknowledge and consent to ZX and our Partners for complying with these requests.
11.8 Subject to Applicable Laws, you have the right to check what Personal Data ZX holds about you and to request access to or correction of your Personal Data, or to request that ZX delete any of your Personal Data that is stored by ZX. If you wish to exercise the abovementioned rights, or if you have any enquiries about ZX’s processing of your Personal Data, please contact ZX's Personal Data Protection Officer at wisefx_personaldata@tencent.com.
12.1 These Terms of Service and any dispute or Loss arising out of or in connection with it shall be governed by the law of Hong Kong.
12.2 Any dispute, controversy or Loss (whether in contract, tort or otherwise) arising out of, relating to, or in connection with these Terms of Service, including its existence, validity, interpretation, performance, breach or termination, shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre ("HKIAC") under the HKIAC Administered Arbitration Rules for the time being in force, which rules are deemed to be incorporated by reference in this Clause 12.2. The seat of the arbitration shall be Hong Kong. The Tribunal shall consist of three arbitrators. The language of the arbitration shall be English.
13.1 The headings of these Terms of Service and of the clauses are inserted for convenience only and shall not be relied upon in interpreting the Terms of Service.
13.2 If any provision of these Terms of Service is or becomes illegal, invalid or unenforceable in any jurisdiction, such provision shall be severed and will not affect: (a) the validity or enforceability in that jurisdiction of any other provision of these Terms of Service; or (b) the validity or enforceability in other jurisdictions of that or any other provision of these Terms of Service.
13.3 Any delay or failure by ZX to enforce the terms of these Terms of Service shall not constitute a waiver of those terms or ZX’s rights thereunder, and such failure shall not affect ZX’s rights to enforce such terms and rights at a later time.
13.4 A person who is not a party to these Terms of Service has no right to enforce any terms of these Terms of Service under the Contracts (Rights of Third Parties) Ordinance (Cap. 623).
13.5 Nothing in these Terms of Service is intended to or creates any type of joint venture, employee-employer, creditor-debtor, escrow, partnership, or any fiduciary relationship between you and ZX. A party shall not be deemed to be an agent or representative of the other party by virtue of these Terms of Service, and no party is authorised to, or will attempt to, create or assume any obligation or liability, express or implied, in the name of or otherwise on behalf of another party, and without limiting the generality of the foregoing, a party will not enter into any contract, agreement, or other commitment, make any warranty or guarantee, or incur any obligation or liability in the name or otherwise on behalf of another party.
13.6 These Terms of Service may be translated into different languages from time to time, the translated version(s) of these Terms of Service is for reference only and if there is any conflict between the English and translated versions of these Terms of Service, the English version shall prevail.