Term and condition of service
This agreement is made between the customer and Huobi (Thailand) Co., Ltd. Corporate citizenship Thailand. Corporate registration number 0105560166447. Headquarters is located at 2710, 1 Empire Tower, Floor 27, South Sathorn Road, Yan Nawa, Sathon, Bangkok (hereinafter referred to as “Huobi”) As a provider of digital asset exchange trading platforms for customers via www.huobi.co.th or any website related to APIs any mobile phone application or service in the future.
Customers wishing to use the digital asset exchange trading platform of Huobi, therefore, filling in and submitting documents to open a customer account through the system. The customer acknowledges that he has read and understood the memorandum of this agreement and agree to comply with all terms and conditions in this agreement if the customer doesn’t agree with any of the terms and conditions in this agreement. Please refrain from using the services of Huobi until being allowed to modify, change this memorandum in writing from Huobi.
1. Customer testimonials
1.1 Customer Qualifications
1.1.1 In case of an individual
18.104.22.168 Users aged 18 years and over and have the ability to transact according to the laws applicable to customers.
22.214.171.124 Complete consciousness, not an insane person, or a person who is ordered by the court to be incompetent, bankrupt.
126.96.36.199 Not being or having been a member participate in any activity whether directly or indirectly or arrange to help support, instigate, facilitate or giving advice to a group of people who are unlawful, such as a gangster, a gang of resistance, the government that does not exercise legal or constitutional rights, separatist forces, underground forces, terrorist groups, transnational crime organizations, human trafficking groups, pirates, quack groups or chain-sharing, etc.
188.8.131.52 Never having been sentenced to imprisonment by a final judgment for imprisonment because of a criminal offense relating to finance terrorism and transnational crimes which includes but is not limited to money laundering offenses, citizens fraud base, offenses relating to property fraud, and the offense under the law on financial institutions, on securities and stock exchange, on prevention and suppression of financial support for terrorism, on the prevention and suppression of human trafficking and on the prevention and suppression of participation in transnational criminal organizations.
1.1.2 In case of the juristic person
184.108.40.206 Is legally registered which the juristic person has a large office located
220.127.116.11 No objective that can mean that Huobi's service is not allowed.
18.104.22.168 The registered person is the person who has the authority to act on behalf of the juristic person and the juristic person agrees to be responsible for the damage that the registrar has done whether they have acted in the name of the juristic person or not.
22.214.171.124 Directors or authorized persons act on behalf of all juristic persons with complete consciousness. Not an insane person or the person ordered by the court to be incompetent or bankrupt
126.96.36.199 Juristic person, director and the person authorized to act on behalf of the juristic person, not everyone is or has been a member participate in any activity, whether directly or indirectly, or manage to support, support, instigate, facilitate or giving advice to unlawful groups such as crooks, anti-government forces that do not exercise legal or constitutional rights, separatist forces, underground forces, terrorist groups, transnational criminal organizations, human trafficking groups, pirates, quack groups, or sharing chains.
188.8.131.52 Juristic person, director and every person authorized to act on behalf of a juristic person has never been imprisoned by a final judgment for imprisonment because of a criminal offense involving finance, terrorism and transnational crimes which includes but is not limited to money laundering offenses public fraud base offenses relating to fraudulent property and the offense under the law on financial institutions, on securities and exchange, on prevention and suppression of financial support for terrorism, on the prevention and suppression of human trafficking and on the prevention and suppression of participation in transnational criminal organizations.
1.2 According to policies and guidelines on prevention and suppression of money laundering and anti-financial support for terrorism and the proliferation of weapons of mass destruction. Customers must deliver accurate and complete information to Huobi. The customer certifies that the information delivered to Huobi is accurate and true to the customer, including but not limited to the family name. Name of juristic person, list of directors, partners, managers or authorized persons acting on behalf of limitation of power of directors, managing partner or authorized person acting on a copy of ID card or passport, copy of certificate, copy of juristic person registration, copy of shareholder list, telephone number, date of birth, electronic mail (e-mail) taxpayer identification number, bank account number and other related information. If there is a change in any information, the customer agrees to immediately notify such change to Huobi.
1.3 If the customer does not send complete information or the information delivered to Huobi is not clear enough the customer agrees to let the employee assigned by Huobi to inquire. Or send inquiries via electronic mail (e-mail) or other electronic channels.
1.4 The customer agrees to use Huobi's service only manually. Will not allow others to use temporarily lend or share services with others and agree not to open an account for other people to use the service on their behalf. In addition, the customer agrees to create an account for himself only as much as Huobi allows.
1.5 If, in the future, Huobi checked, found that the information or testimonials used by customers to apply for services are false. Huobi reserves the right to suspend or cancel the service without explanation or listen to explanations from customers and do not have to notify in advance.
1.6 If there are laws, rules, regulations, agreements or treaties issued or provided by international organizations. The government or government organization is responsible for whether Thailand is a constitutional authority or whether or not it has been implemented in accordance with international treaties or agreements. If the laws, rules, regulations, agreements or treaties force customers to act refrain from acting restitution or any other action. The customer is solely responsible for complying with laws, rules, regulations, agreements or treaties correctly and completely.
2. Service of Huobi
2.1 Huobi is a provider of digital asset exchange trading platforms for customers via www.huobi.co.th or any website that is related to APIs, mobile phone applications or any services, whether trading between digital assets together, exchange between digital assets and digital money (E-money), exchange between digital assets and cash, or exchanging other trades in the same way.
Since Huobi is not a financial institution and does not provide any financial tools to its customers, Huobi's services are not related to the customer's bank account. The client's bank account will only transfer into or take money between the client account and Huobi's account for system service only. Huobi is not a customer bank account provider.
2.2 When customers register via the system to open a customer account, Huobi reserves the right to accept or reject the service without having to notify the cause of the refusal in any way.
2.3 The customer agrees and accepts that the exchange of digital asset transactions. Once the transaction has been confirmed, it cannot be revoked. Huobi, therefore, recommends that customers check all transaction details before submitting confirmation. But if Huobi has set up a system that can cancel or reverse the transaction, Huobi is authorized and discretion to cancel or reverse the transaction solely. The opening of the order in the trading order will not be delivered immediately until the exchange has been executed and unsold trading orders can be canceled at any time. But if necessary, Huobi may reserve the right to cancel the order that has been sent into the system.
2.4 If the service has an error or caused corruption by directors, employees, employees, contractors, subcontractors, agents or any person acting on behalf of Huobi or cybercrime by third party customers must report errors, fraud or cyber crime to Huobi know immediately. To prevent loss, damage or loss that will occur to Huobi customers or other people.
Huobi reserves the right to correct errors without requiring the consent of the customer. Regardless of whether such error is caused by the service of Huobi or not which includes but is not limited to editing the exchange list of customers, fee collection from customers, returning fees to customers, cancel, exchange and recall any assets transferred or removed.
In the event of errors, defects, frauds, illegal actions or any other reason in the product or service of the customer or third party. The customer is obliged to immediately notify Huobi of the incident to prevent loss, damage or loss that will occur to Huobi customers or other persons.
2.5 To use Huobi's services, customers must transfer cash. Deposit digital assets electronic data or any assets to be stored in the cash account (Baht Wallet) or digital asset wallet. Such assets remain proprietary to customers. Huobi only provides services for customers to trade, exchange digital assets only. Once the transaction is confirmed, Huobi's system will transfer cash. Deposit Digital assets or electronic data between customers automatically. Huobi does not have ownership in cash, bank deposits, digital assets, electronic Data. Or any property of customers stored in a cash wallet (Digital Wallet) or digital asset wallet (Digital Asset Wallet) for the benefit of using this service the customer agrees and allows Huobi to transfer all of the cash. Bank deposits, digital assets, Electronic data or any assets stored in Baht accounts (Baht Wallet) or digital asset wallet (Digital Asset Wallet) to the other party automatically every time there is a transaction and no need to request consent from customers in advance or from time to time.
2.6 Huobi only provides an exchange trading platform. It is not a party to the exchange transaction or as a broker, agent or financial advisor to customers who are subject to the laws and regulations of the Securities and Exchange Commission if the customer wishes to receive advice or have a representative customer must contact the licensee to operate the business themselves.
2.7 Huobi provides a forex trading platform between digital assets and baht and between digital assets only. It does not provide the exchange service between digital assets or baht and foreign currency which are subject to the laws and regulations of the bank of Thailand. If the customer wishes to exchange in foreign currency customers must exchange to establishments that are permitted by law only.
3. Using the service
3.1 The customer agrees to use the service in accordance with the regulations Huobi has stated or will be identified in the future and agrees not to do the following:
3.1.1 Doing anything that is against the law, rules or regulations that are lawfully issued or provided by government agencies with authority which includes but is not limited to criminal law, intellectual property law, laws related to money laundering, public fraud, financial institutions, securities and exchange, terrorism, human trafficking, transnational crimes, computer-related offenses, consumer protection, etc.
3.1.2 Do any actions that show that trying or intentional fraud, intimidation, deception, profanity, defamation, indecency, sexual harassment, violation of human dignity, discrimination or profanity, extortion, fraud, sharing the chain, money games , Gambling, lotteries, auctions, money laundering, terrorism or use Huobi's services for other activities that are against the law, whether connected or shared with other customers or individuals, whether directly or indirectly and whether or not the damage occurred or not.
3.1.3 Do anything that violates copyright, patent, trademark, trade secrets or any other intellectual property, whether Huobi's customers or general person, whether it is a direct or indirect violation and whether or not the damage occurred or not.
3.1.4 Interfere with access or use of services of other customers or violate the legal rights of other customers.
3.1.5 Used or intended to use accounts of other customers without permission.
3.1.6 Intervene, suppress, inhibit, slow, obstruct, interfere, reduce, destroy, damage, trapping, collecting, modifying, changing or adding information systems, data or any content of Huobi or customer sent or loaded (upload) or on the application website or other services of Huobi or other electronic channels or any other action for the Huobi system cannot work normally or does not meet the expectations of Huobi or deliver any information system, data or content with computer viruses, spyware, scanners, Trojans, worms, programs, malware and malicious programs whether in whole or in part.
3.1.7 Use any computer system or program that is not proprietary or in your possession to access a website or application or copy information illegally.
3.1.8 Use the robot type program Spiders, grips, interfaces or any other automated methods that are not provided by Huobi to enter the website or retrieve information including developing an external program that works with the website without prior written consent from Huobi.
3.1.9 Do reverse engineer, decompile or remove software that is running on Huobi's website, applications or other services.
3.1.10 Post or forward rumors or facts or act as a danger to Huobi's credibility or provide false information to create misunderstandings or cause annoyance to other customers, whether done on the application website or other services of Huobi or have sent rumors or facts to other customers via electronic channels or other direct channels.
3.1.11 Post or forward content that has political relevance commercial message, third party personal information, Chain message or messages designed to deceive other customers Including any other message that encourages or encourages customers or other persons to act in violation of this memorandum.
3.1.12 Do any other acts that are against the regulations peace or good morals of the people or any other action that Huobi deems inappropriate.
3.2 If the customer uses the service in violation of the law, contrary to law or acts that cause damage to the customer system or third party, Huobi has the right to cancel the service and the client agrees to pay compensation to the damage incurred to Huobi directors, employees, employees, contractors, subcontractors, agents, customers or any person who has to suffer adverse effects due to that. This compensation also includes damage to reputation and goodwill (Goodwill) Value, lack of benefits, travel expenses, profit to be received. If able to operate normally utilities, rent, and expenses to be paid to employees, government agencies, landlord owners to operate businesses that cannot work effectively due to such actions. Expenses to prevent or suppress such damage Attorney fees, court fees, Litigation, and enforcement costs.
In this regard, the customer agrees to Huobi brings cash deposit Digital assets or all other assets in the Baht account (Baht Wallet) or digital asset wallet (Digital Asset Wallet) set-off against such claims.
3.3 Determining whether the customer's actions are in accordance with (3.1) or not and the cancellation of the service under (3.2) is at the discretion of Huobi.
4. Deposit and withdraw from the system
4.1 Huobi may allow customers to transfer in or bring cash, bank deposits, digital assets, electronic data or any property logging out through another person or entity, Huobi will use the effort and caution to check those service providers as being honest and operate lawfully. But Huobi does not guarantee and is not responsible for the loss, damage or loss arising from the service provided by that person. If there is a dispute customers agree that such transactions are legal acts between customers and service providers. Which service providers receive compensation in the form of fees from customers by which Huobi does not participate in any such fees or services.
4.2 The customer is responsible for verifying the validity of the account that is transferred into or depositing money from the system. Huobi will show the name and account number of Huobi. Service providers transfer in or take money out or customers on the website, applications or other services clearly. If customers transfer cash, bank deposits, digital assets, electronic data, or any assets wrong from specified in the system causing loss, damage, or loss to the customers.
4.3 Customers must transfer money into the system via the client's bank account and must bring money out of the system into the bank account of the customer only. Customers are not allowed to transfer money into the system with an automatic deposit machine or other person's bank account and prohibiting customers from taking money out of the system into other people's bank accounts.
5. FRUIT PAYMENT
In case the property of the customer, the company contributes to the preservation of fruits. To pay the compensation.
5.1 Interest from cash The cash and bank customers transferred to the Company. To exchange digital assets are stored in the bank account of the Company. If subsequent financial interest or any compensation for such accounts. Such compensation or interest to become the property of the Company. Customers are not entitled to such compensation or interest whatsoever.
5.2 Interest from digital assets, the Company divided the assets of the digital nature of the two types.
5.2.1 If that happens, hard fork of digital assets, the Company will pay the full amount of the customer, the customer is entitled to receive.
5.2.2 The air drop into two cases
184.108.40.206 The general air drop The rules regarding the number of digital tokens and a token number of digital steps. To pay compensation to customers in full, the customer is entitled as follows.
- Number of customers with comprehensive digital token amount. To get a return on premium received.
- The number of customers who are not fully digital token amount. To get a return on average a return of customers who are not in full digital tokens.
220.127.116.11 The air drop is a specialized company, the company announced via websites, apps, apps or services of the Company. Customers will receive a net amount of digital tokens. By the time the air drop was made to announce the Company's guidelines and policies for clarity via websites, apps, apps or services of the Company prior to air drop at least 24 hours.
The air drop of policies and practices that are different for each digital token, the Company will adjust policy accordingly air drop. Taking into account the interests of the client's location, the company has a principle not to seek benefits in this section is token services provided by the air drop will be paid to the customer in any way. Whether direct compensation. Paying through promotion or promotion measures. After deducting the cost of operation and other expenses related to it.
- The authentication process When the operation period is, of course, the system will generate customer is entitled to as a digital token such period. Compared to the monitoring system, then there is no difference. It will provide technical assistance to increase the digital token to each customer. at the end of the examination period will be randomized to boost digital tokens to customers to prove the correct one.
6. Intellectual property
6.1 All documents, text information, unique characteristics, slogans, trade policies, software program research, source code (Source code) Tools, methods, processes, algorithms, materials, patents, copyrights, symbols, seals, trademarks, service marks, certification marks, expertise (know-how) inventions, materials or any other intellectual property that appears to be seen or received from the service in accordance with this memorandum is proprietary and is in the possession of Huobi regardless of whether or not Huobi is legally registered. The customer agrees not to copy, display, make or resemble such things. Or use such material or intellectual property for use or register without Huobi's consent, either in whole or in part.
6.2 The customers or third parties bring intellectual property of Huobi goes reference doesn’t confirm that the product or service of the customer or third party has Huobi is a co-investor or receive support, advice or certification from Huobi and does not confirm that the customer or third party is involved or is a representative of Huobi, being a related person or representative of Huobi must act in writing only Huobi is therefore not responsible for anyone for any products or services that belong to customers or third parties.
7. Fees and taxes
7.1.1 Huobi will show the fee rate via any website, application or service. Huobi reserves the right to change the fee at any time by notifying or notifying the customer at least 24 hours in advance via the website, any application or service or through the contact channels that the customer has informed to Huobi.
7.1.2 If the customer does not exchange digital assets or use any services on any website, application or service for more than 1 year, customers allow Huobi to charge a fee of maintaining 1,000 baht per year. Before charging a fee of not less than 7 days, Huobi will provide written notification via the communication channel that the customer has informed to Huobi, such as sending electronic mail, etc.
7.1.3 Huobi will deduct fees from each transaction from the money or property that customers receive from the other party. The client agrees and allows Huobi to pay the fee by deducting money from the baht account (Baht Wallet) or digital asset wallet (Digital Asset Wallet) of customers immediately without requiring new consent or notice from time to time.
7.2.1 Customers must pay personal income tax, corporate income tax, and other taxes on their own and in case there is a law applicable, whether present or in the future requiring customers to pay VAT due to the sale of digital assets must pay income tax at the time of delivery to the Revenue Department must pay or deliver any taxes or make any reports sent to government agencies customers must comply with the legal requirements. Customers agree that Huobi does not participate in the tax burden, duty deduction or preparing any reports of customers.
7.2.2 In the event of law whether present or in the future, Huobi has to pay income tax at VAT or any other taxes on property Income or profit of customers. The customer agrees to allow Huobi to pay income tax at the value-added tax or any other taxes to be submitted to the Revenue Department or other relevant agencies.if the customer does not have baht remaining in the baht account, the customer agrees to allow Huobi to pay tax by using digital assets to exchange for baht to pay tax.
7.2.3 VAT on fees due to the use of the Huobi system service is Huobi's tax burden. It is responsible for storing and submitting to the Revenue Department manually. The tax burden is included in the service fee and there will be no additional charges to the customer.
The customer agrees to grant Huobi the right to issue a tax invoice or a full tax invoice to the customer.
The client agrees that Huobi will deliver a full or brief receipt and a tax invoice to the customer at Huobi's service system or another location, which Huobi determines. When Huobi has sent the document to that location above shall be regarded as legitimate customers. The customer is responsible for checking and publishing the said documents manually through the website, application, or any other service of Huobi within 1 year from the date that Huobi has delivered the documents to that location.
If the customer wishes to have Huobi prepare a full tax invoice and deliver it to the customer at any place other than the foregoing, the customer must notify Huobi in writing in advance of the service not less than 7 days and occasionally go.
7.3 Financial information and reports: In the event of law whether present or in the future, Huobi has to send customers's financial information or reports to customers regardless of time. The client agrees that Huobi will deliver the financial information and reports to the customer at Huobi's service system or other location where Huobi is the designated person shall be regarded as legitimate customers. The customer is responsible for checking and publishing the said documents manually through the website, application, or any other service of Huobi within 1 year from the date that Huobi has delivered the documents to that location.
In the event of law whether present or in the future, Huobi has to deliver customer financial information or reports to government agencies. The client agrees to allow Huobi to submit financial information or reports to that agency.
8. Electronic transactions
8.1 The customer agrees that which the record of this agreement or the law requires it to be made in writing there is evidence in the book or have documents to show if Huobi has prepared the message as electronic data or have sent books or such information through electronic channels such as electronic messages (SMS) Electronic mail (E-mail) etc. Which is the channel that customers have informed Huobi and that such information can be used by meaning without change should be considered that Huobi's information or delivery is liked by the memorandum and is lawful and considered to be made in writing there is evidence in the book or have documents shown.
8.2 It is the responsibility of the customer to always change their electronic channel information to the present. If Huobi has delivered the information via the electronic channel that the customer has recently informed the customer will refuse liability by claiming that he cannot receive such information.
8.3 If Huobi publishes a message via a website, application or other services when the announcement is made for at least 24 hours, the customer agrees that such an announcement is an electronic message to him. According to (8.1)
8.4 If the customer wishes to allow Huobi to create additional documents send other documents as electronic or officially delivered via public transport. Huobi would like to inform customers that Huobi is an online service only and a heavy burden for Huobi to prepare and deliver documents. Therefore, Huobi may charge additional fees from such services.
9.1 Huobi knows that customer information is confidential. Huobi agrees to keep such information confidential. And will issue guidelines to ensure that directors, employees, employees, contractors, subcontractors, or anyone providing services to Huobi will retain such information obtained from confidential operations and will arrange training for directors their employees and employees understand the importance of keeping such information. If Huobi issued the rules and organized training for the directors, staff, and employees to understand the importance of keeping the information mentioned above, then any damage caused the damage to be folded to the customer.
9.2 Such confidential information will be disclosed under the following conditions.
9.2.1 Obtain written consent from customers who own the data.
9.2.2 Must be disclosed in accordance with the law or in accordance with the order of the court or government agency that has the legal authority.
9.2.3 Is publicly disclosed and the public can access such information.
9.2.4 Receive disclosure from third parties or other persons who have no obligation to maintain confidentiality with customers or Huobi.
9.2.5 Has agreed to the customer that such information is not confidential or not.
9.2.6 Disclosed under the terms and conditions in accordance with this memorandum of understanding.
9.3 If the customer receives any information of other customers through Huobi's service. The customer agrees to keep such information confidential and will destroy any data which he received immediately by agreeing to not disclose such confidential information to other people, whether directly or indirectly unless receiving consent from that customer.
10. Using other computer programs
10.1 Customers are not allowed to use computer programs from other developers to connect to Huobi's system, regardless of whether the computer program is owned by the customer or the third party. Unless obtaining prior written consent from Huobi.
10.2 The customer is obliged to check and carefully maintain the security of the computer program and to connect the computer program to the Huobi system manually. If it later causes loss or damage due to the computer program or the system connection. No matter what happens to the customer, other customers or the Huobi system, the customer must be responsible for all such loss or damage. Unless such loss or damage is caused by force majeure.
10.3 In the event of loss or damage to Huobi's system, the customer agrees that Huobi will seize all cash. deposit Digital assets or all other assets in the Baht account (Baht Wallet) or Digital asset wallet (Digital Asset Wallet) temporarily until Huobi can prove that such loss or damage has occurred due to any reason and the customer must be responsible or not.
10.4 In the case that Huobi can prove that such damage is caused by connecting other computer programs to Huobi's system, the customer agrees that Huobi will bring cash, bank deposits. Digital assets, electronic data or any property stored in Baht account (Baht Wallet) or Digital asset wallet (Digital Asset Wallet) deduction of debts and damages incurred, such deductions are not the right of Huobi to civil and criminal prosecution or claim damages that have a higher amount of money than such assets.
11. Advance consent
11.1 Huobi has the right to modify the service, including the terms and conditions in accordance with this memorandum. Whether in whole or in part, Huobi will notify the customer of such changes in advance in writing and specify not less than 15 days for the customer to accept such changes through the website, application or service any other of Huobi.
11.2 The customer is always responsible for checking such changes or changes to ensure that the customer is aware of the service, conditions, and requirements in accordance with the current and accurate memorandum. The customer neglects or ignores such changes or changes. Shall be deemed that the customer waives the right to object to such amendment or change.
If the customer does not agree with the changes or changes, please ask the customer to inform Huobi of the objection in writing. And please stop using Huobi services temporarily until the objections of the client are considered to be terminated.
If Huobi has informed the customer of such changes through the communication channels that the customer has informed and customers continue to use Huobi's service to continue or terminate the service and then continue to use Huobi's service for more than 30 days. Regardless of whether the customer is aware of any changes or changes shall be deemed that the customer agrees with the amendment of such changes and is not attracted to such an amendment.
If Huobi is open for other services or sells products on Huobi's platform, the customer agrees to use such services. This agreement shall be deemed to be a memorandum of agreement to use other services or to sell such products. By allowing all conditions and requirements to be complied with as far as this agreement can be adjusted and it is deemed that the customer agrees to enter into a memorandum of agreement with Huobi to use other services or purchase such products.
11.3 The customer agrees that Huobi transferred his rights and duties under this memorandum. Including the rights and duties of Huobi that will continue or occur in the future, whether in whole or in part, but if the customer wishes to transfer their rights and duties, whether in whole or in part customers must obtain consent from Huobi in advance and in writing.
11.4 The customer agrees that Huobi will suspend the service in advance. Whether in whole or in part without having to report the cause of that not liable to customers and do not need to inform in advance and allowing Huobi to seize all the cash deposit Digital assets, electronic data or any assets stored in Baht accounts (Baht Wallet) or Digital asset wallet (Digital Asset Wallet) in order to check or deduct the legal debt.
11.5 The customer agrees that Huobi slows down the service to check by status. "Wait for confirmation" (Pending) without having to report the cause of that not liable to customers and do not need to inform in advance. During the waiting period for confirmation, customers will not be able to transfer or issue cash. Deposit digital assets or any other assets related to the provision of services.
11.6 The customer agrees that Huobi limits the number of cash. deposit Digital assets or any other property per transaction and allowing Huobi to limit the amount of transactions that customers can perform for a while and if the customer uses the service more than the specified amount, Huobi has the right to refuse to provide such transaction services. But if Huobi sees it as a service,the customer agrees that Huobi will divide the service into several transactions automatically or delay the service until the time limit has been reached the client agrees to pay an additional fee according to Huobi's regulations.
The customer agrees that Huobi has access to personal information. Financial information and service information without prior notice with both consenting and agreeing that Huobi uses such information for research and development of technology, including selling, using or giving to the same affiliated entity contractor, subcontractor or any person who has a legal relationship with Huobi which Huobi cannot agree to or amend the service agreement in order to be subject to the client's confidentiality agreement or the agreement or amendment of the contract is difficult to do without having to pay any compensation to the customer under the legal limit.
11.7 The use of such information shall include the delivery of such information to the SEC or other government agencies, regardless of whether such actions are by order, rule, regulation, decree or any other law or law which is lawful or not.
11.8 The customer agrees that Huobi has hired a subcontractor to provide services to the customer at all times without requiring consent and no new notice is required from time to time. Huobi requires effort and caution in inspecting contractors those periods as being honest, honest and operating lawfully. If the subcontractor is responsible for any damage to the customer, Huobi agrees to such liability.
If Huobi has indemnified the customer for any damages, Huobi shall take over the rights of the customer to file a lawsuit or prosecute the subcontractor for damages. Under the limitation of liability under Clause 11. (11.1) The customer agrees that all of the above consent does not affect the rights and he has given explicit consent therefore, it is not considered as an offense to infringe on the theft of property or other civil or criminal offenses and agree not to carry out civil or criminal prosecution against Huobi, directors, employees, employees, contractors, subcontractors, agents or any persons related to Huobi.
12. Liability reserves and other agreements
To the fullest extent permitted by law, which may have different levels in each country, Huobi reserves the following liability under the maximum limits and limits permitted by that law.
12.1 For the benefit of interpretation if damage occurs to the customer due to Huobi, directors, executives, employees, personnel, contractors or subcontractors of Huobi acting fraud Refrain from doing any act which has the duty to do, act negligently or not operating in accordance with the service agreement record or according to the standards announced by the Securities and Exchange Commission. Huobi will be responsible for any damage to the customer unless such damage is caused by force majeure that Huobi cannot control.
Not keeping the assets of customers in the system that is stable, secure and reliable and does not comply with the criteria for the selection of digital assets to be traded (Listing rules) which is submitted to the SEC office shall be considered as not complying with the standards announced by the Securities and Exchange Commission.
12.2 Under the limitation of liability under (A), customers know that trading in digital assets is risky. Due to the non-currency digital assets that have been approved by any government or financial institution, there is a risk of fluctuating currency and having electronic crimes using digital assets as tools which may cause the customer to lose all investment or may lose more. But customers have studied and understood the matter in detail therefore voluntarily buying, selling, exchanging digital assets and using Huobi's services on their own that in any way.
12.3 Under the limitation of liability under (A), customers know that Huobi is not the owner of digital assets or controls the protocol of digital assets that are provided in the system. Verifying the accuracy and reliability of digital assets and protocol. Prospectus or any other method of digital assets is the duty of the customer. Because the above things can be searched, copied and distributed for inspection at all times, Huobi is not responsible for loss, damage, loss, impairment or loss incurred to the customer in any way.
12.4 Under the limitation of liability under (A), customers have studied the information and security systems of Huobi very well and see that Huobi has taken adequate precautions to prevent electronic crime. When customers transfer or bring cash, bank deposits or digital assets entering or leaving the system customers to agree that Huobi only provides a baht account service (Baht Wallet) or Digital Asset Wallet (Digital Asset Wallet). Huobi, therefore, has to take care of the storage facilities to be safe, secure and reliable. But do not have to pay interest to customers and cash, bank deposits Digital asset or any other property that is not guaranteed or protected by the insurance company any financial institution, juristic person, government or government agency.
12.5 Under the limitation of liability under (A), customers know that they have to set passwords that are difficult to predict. Always change the password and check cash deposit and digital assets stored in baht accounts (Baht Wallet) or Digital Asset Wallet (Digital Asset Wallet) by themselves, including having the duty to take care not to let anyone know how to access baht accounts (Baht Wallet) or Digital Asset Wallet (Digital Asset Wallet) own. If later, there is a loss, damage or losing cash, bank deposits, Digital assets or any other assets stored in such accounts allow the loss, damage or loss to be folded to the customer, without Huobi being responsible.
12.6 Under the limitation of liability under (A), the customer is responsible for the preparation and maintenance of hardware, software and other equipment necessary to receive the service. Huobi recommends that customers use standard and reliable antivirus software or programs and would like to remind customers that communication channels such as electronic messages (SMS) electronic mail (e-mail) websites, applications, or other services of Huobi can be disguised. The customer should check the correctness of the documents and such information every time before making a transaction. Huobi is not responsible for any loss, damage, or loss caused by computer viruses, spyware, scanners, Trojans, worms, malware programs or cyber-attacks.
12.7 If the error is caused by the customer which includes, but is not limited to, errors in determining the purchase price, error in identifying account number failure from transferring or removing from the system. The customer agrees and accepts any loss, damage or loss, folded to customers only.
12.8 If Huobi agrees to terminate the exchange of a particular digital asset or terminate any other services. Huobi will notify the date and time to terminate the service via the application website or by any other means to the customer at least 7 days in advance unless it is an emergency, Huobi must immediately terminate the service. Which includes, but is not limited to, the legal compliance of officials or courts or the contract which requires Huobi to terminate such digital assets for whatever reason.
After Huobi terminated the service customers are only entitled to remove such digital assets from the system. There is no right to exchange digital assets with cash or other digital assets.
If Huobi has followed the guidelines for digital asset revocation to be traded (Delisting rules) sent to the SEC. The customer agrees that the termination of the service does not affect the rights. And the person has explicitly given consent so it is not considered a violation of the offense, theft, base to lose property, or other civil or criminal offenses and agree not to carry out civil or criminal prosecutions against Huobi, directors, employees, employees, contractors, subcontractors, agents, or any person providing services to Huobi in any way.
12.9 Under the limitation of liability under (A), the customer agrees that all descriptions, advertisements, prospectus, messages, data or any other documents appearing on any website, application or other services of Huobi. Not guaranteeing, guaranteeing or guaranteeing the accuracy, quality, reliability, safety, suitability and legality of such services or information whether directly or indirectly. That is, the description, advertisement, prospectus, message, information or document thereof for the benefit of the decision of the client only and is the duty of the customer only to study and understand the matter in detail. Customers voluntarily use the service or trade and exchange things on their own. Huobi does not use scam, deceit, or intimidate customers in any way. Huobi, directors, employees, employees, contractors, subcontractors, agents, or any person related to Huobi are not responsible for any loss, damage, loss, or impairment that occurs to the customer.
12.10 If the customer receives information about Huobi via social media, whether it is Facebook, Twitter or any other application or social media, it has created a link to connect customers to that Huobi service. Huobi would like to clarify that Huobi cannot control or endorse the content of social media and such connections belonging to third parties. Huobi would like to thank the third parties who are interested in following and supporting Huobi's services. Whether it is positive or negative criticism, it's all useful to Huobi. But regardless of the content of the information in any direction, Huobi cannot be responsible for the content of the news and connections that appear in such social media. Huobi, therefore, requests that customers who follow the information and use the connection through a third party. Please be careful and check the reliability and accuracy of information and connections every time before deciding to use the service of Huobi.
12.11 Huobi will use all his efforts to secure his system and be able to use the service but Huobi cannot be held responsible for system defects, software or hardware, delays or failures caused by floods, storms, fire, earthquakes, or other natural disasters, strikes, power outages, riots, civil wars, political protests, government officials actions, changes or fluctuations of the server or internet, cyber-attacks or any other event that is beyond Huobi's control.
12.12 Under the limitation of liability under (A), Huobi will use its best efforts to provide the best service to customers with good faith and fairness. But Huobi may not check the transactions of all customers that cash, bank deposits, Digital assets, electronic data or any property that was exchanged correctly and unlawful or not. Although Huobi will use his best efforts to prevent theft or other criminal offenses that will cause the customer or the country to be injured. But Huobi realized that Huobi could not protect all the interests of customers. The customer agreed and accepted that customers voluntarily enter Huobi's service. When Huobi is intending to do business in good faith, Huobi is not the agent of the user or the sponsor of the criminal offense against the customer or criminal land. Directors, employees, employees, contractors, subcontractors, agents, or any person related to Huobi are not individuals who are liable for criminal offenses against customers or criminal liability in any country.
the customer agrees that all of the above liability and agreement provisions do not affect the rights. And he has given explicit consent therefore is not considered a violation of the offense, burglary base, loss of property, or other civil or criminal offenses and agree not to carry out civil or criminal prosecution against Huobi, directors, employees, employees, contractors, subcontractors, agents, or any other person related to Huobi.
13.1 Huobi is pleased and willing that all customers will send suggestions and comments to Huobi to improve service quality and develop new service channels. Or for any other purpose Customer's suggestions and comments are subject to the confidentiality agreement of this memorandum. The customer agrees that the suggestions and comments are the property and intellectual property of Huobi by waiving any right to claim compensation. Huobi has unlimited rights to use and publish such suggestions or comments without requiring consent or compensation for customers and whether the use or distribution will be for commercial benefit or not.
13.2 If customers send suggestions and comments, expecting themselves to receive compensation or want to be self-owned or intellectual property in their suggestions or comments, please do not send suggestions or comments to Huobi because the idea of customers may have the same concept or similar to what Huobi had previously thought and Huobi does not wish to have any disputes with customers who are benefactors.
13.3 Huobi may need to disclose the identity of the customer to a third party who claims that the customer's suggestion or comment is a violation of intellectual property, privacy rights or against the law. Huobi reserves the right to remove customer suggestions or comments that are contrary to this agreement.
13.4 Huobi would like to cooperate with customers. Please send suggestions and comments with polite words. Huobi realized that sometimes the wrong service could cause resentment. But customers can express their resentment through polite words and please do not send suggestions and comments that are defamatory, obscene, sexual harassment, violations of human dignity, discrimination or profanity, or violate any rights of Huobi customers or third parties
13.5 Customers can notify Huobi if they see any suggestions or comments that are believed to violate this agreement and Huobi will make every effort to inspect and take appropriate action to ensure satisfaction with all customers.
14. Dispute resolution
14.1 In the event of a dispute between both parties agreed to make a letter to tell the other party to act, refrain from acting or pay compensation to the other party by sending a letter to the electronic channel which the customer has informed or through the complaint channels that appear on the website or application in the letter, specify the period for the other party to perform, which must not be less than 7 days from the date of receipt of the book.
14.2 If the party receiving the letter in accordance with (14.1) is not in compliance with the specified period, the other party must submit a dispute to the arbitrator to decide before filing a lawsuit or submit a petition to the court or government agency to have 1 arbitrator to consider and decide the case. Huobi has the right to choose arbitrators and places for diagnosis.
14.3 Any proceedings in the arbitration class and court the customer agree to proceed with the consideration process and keep the information confidential. If the client discloses any proceedings or information that causes Huobi to be damaged, Huobi may consider claiming additional damages.
14.4 If Huobi is the victim, the customer agrees to pay compensation in the event of damage. Whether intentionally or negligently whether the client is a breach of contract or violates himself or directors, employees, employees, contractors, subcontractors, agents, or any person acting on behalf of customers and whether the person being treated as Huobi, the director, employee, employee, contractor, subcontractor, agent, or any person who has suffered adverse effects due to Huobi's involvement. This compensation also includes damage to reputation and goodwill (Goodwill) the lack of benefits, travel expenses, profits that Huobi must receive if able to operate normally utilities, rent, and expenses to be paid to employees, government agencies, landlord owners to operate Huobi businesses that are not able to work effectively due to such actions expenses to prevent or suppress such damage Attorney fees, court fees litigation and enforcement costs.
14.5 Under the limitation of liability under Clause 11. (A), in the event that the customer is the victim, Huobi agrees to pay compensation only to the part that the customer actually damaged and must not be subject to liability reserves according to this memorandum and compensation does not include future damage and such damage must be a direct result of Huobi's actions or only Huobi employees, and if Huobi has taken full precaution in preventing adverse effects and mitigating the adverse effects that will occur to customers such damage will be folded to the customer.
14.6 If Huobi is the victim, the customer agrees to allow Huobi to freeze all cash, deposit Digital assets electronic data or any property stored in baht account (Baht Wallet) or Digital Asset Wallet (Digital Asset Wallet) to check or deduct the legal debt.
15. Consent and agreement
The customer has given consent and agreed to comply with the terms and conditions in accordance with this memorandum. If later, the customer does not agree with any terms or conditions under this agreement or request to revoke the consent or agreement provided in this memorandum, allow customers to refrain from using Huobi's services until they have been authorized to make changes to this written agreement from Huobi.
Huobi's service to customers does not mean that Huobi has allowed changing the record of this agreement changes to this memorandum must be in writing only.
If the customer continues to use Huobi's service without being allowed to modify, change, or write this agreement from Huobi, then the customer waives the right to object to the terms or conditions or revoke the consent or agreement given and to comply with the previous memorandum of understanding as if there was no objection or revocation of consent.
If the customer disagrees with the terms or conditions or requests to revoke the consent or agreement provided in this memorandum, ready to stop or cancel the service the said objection or revocation will be effective in the future. That is to say, Huobi does not have the right to exempt liability and has no right to information that occurs only after objections or revocation but not bound to action or information that occurred before the objection or revocation and Huobi still retains the right to exclude liability and information that occurred before the objection or revocation, such as
15.1 Customers use Huobi's service from January to August. Huobi is exempt from liability and has rights to such information under this agreement. Later in September, customers request to revoke the consent to disclose personal information. Huobi does not have the right to personal information of customers from September onwards, but Huobi still has the right to disclose the personal information of customers that occur during January to August.
15.2 Huobi issued electronic invoices for customers to activate via the system from January to August. Customers request the revocation of consent. Do not allow Huobi to issue electronic invoices via the system. Huobi does not have to issue a full tax invoice as a backward paper from January to August for customers but will be binding in the future only.
15.3 The Revenue Department requests cooperation to send exchange trading information during the January to August period of customers. Later in September, the customer revoked the consent to disclose personal information and allowed to disclose only when receiving a summons from the court. Huobi still has the right to send the exchange trading data during January to August to the Revenue Department. But without the right to send information during September onwards.
16. Separate void
The integrity of this memorandum will not affect the case of the contract. Terms or terms anyone is void or not applicable. All parties agree to use the negotiation effort to find ways to continue to comply with this memorandum legally or find the closest method possible.
17. Applicable law
Both parties agree to use the law of Thailand to enforce and interpret this memorandum and the Court of Thailand is a court that has jurisdiction to judge cases arising from the memorandum of agreement, completeness, the result of the memorandum, Interpretation, and compliance with this memorandum as well as any legal relationships that have occurred in accordance with this memorandum of understanding.