ZB Network Technology Limited(hereinafter referred to as the 'Company') is a company incorporated in the Independent State of Samoa under the laws of the Independent State of Samoa, and operates the website https://www.zb.com(hereinafter referred to as 'this Website' or 'the Website') , which is a platform dedicated to the transaction of digital assets and the provision of related services (hereinafter referred to as 'the Service'). For the convenience of wording in this Agreement, the Company and the Website are referred to as 'We' or other applicable forms of first person pronouns in this Agreement. All natural persons or other subjects who log onto this Website shall be users of this Website. For the convenience of wording in this Agreement, the users are referred to as 'You' or any other applicable forms of the second-person pronouns. For the convenience of wording in this Agreement, you and us are collectively referred to as “both parties”, and individually as “one party”.
We hereby remind you that:
1. The digital assets themselves are not offered by any financial institution, corporation or this Website;
2. The digital asset market is new and unconfirmed, and will not necessarily expand;
3. Digital assets are primarily used by speculators, and are used relatively less on retail and commercial markets; digital asset transactions are highly risky, due to the fact that they are traded throughout 24-hour a day without limits on the rise or fall in price, and market makers and global government policies may cause major fluctuations in their prices;
4. Digital asset transactions may be suspended or prohibited at any time due to the enactment or modification of national laws, regulations and regulatory documents.
Digital assets trading is highly risky and therefore not suitable for the vast majority of people. You acknowledge and understand that investment in digital assets may result in partial or total loss of your investment and therefore you are advised to decide the amount of your investment on the basis of your loss-bearing capacity. You acknowledge and understand that digital assets may generate derivative risks. Therefore, if you have any doubt, you are advised to seek assistance from a financial adviser first. Furthermore, aside from the above-mentioned risks, there may also be unpredictable risks. Therefore, you are advised to carefully consider and use clear judgment to assess your financial position and the abovementioned risks before making any decisions on buying and selling digital assets; any and all losses arising therefrom will be borne by you and we shall not be held liable in any manner whatsoever.
You are hereby informed that:
1.1 The User Agreement (hereinafter referred to as 'this Agreement' or 'these Terms and Conditions') consists of the main body, Terms of Privacy, Understanding Your client and Anti-money-laundering Policy, as well as any rules, statements, instructions, etc. that this Website has published or may publish in the future.
1.2 Before using any service offered by this Website, you shall read this Agreement carefully, and consult a professional lawyer if you have any doubt or as may be otherwise necessary. If you do not agree to the Terms and Conditions of this Agreement and/or any change made thereto from time to time and at any time, please immediately stop using the service provided by this Website or stop logging into this Website. Upon your logging into this Website or using any service offered by this Website or engaging in any other similar activity, it shall be deemed as You have understood and fully agreeing to all terms and conditions of this Agreement, including any and all changes, modifications or alterations that this Website may make to this Agreement from time to time and at any time.
1.3 After filling in the relevant information in accordance with the requirements of this Website, and going through other relevant procedures, you will successfully register yourself as a member of this Website (hereinafter referred to as 'Member'); in the process of registration, if you click on the 'I Agree', it shall be deemed that you have reached an agreement with the Company by way of electronic signature; or when you use this Website, you click on the “I Agree” button or a similar button, or if you use the services offered by this Website in any of the ways allowed by this Website, it shall be deemed that you fully understand, agree to and accept all the Terms and Conditions under this Agreement, and in this case, the absence of your handwritten signature will not affect the legal binding force that this Agreement may have on you.
1.4 After you become a member of this Website, you will receive a member account and corresponding password, which shall be properly kept by you as a member of this Website; Members shall be liable for all activities and events carried out through their accounts.
1.5 You cannot engage in trading digital asset by this Website and gain access to the services that are exclusively available to members in accordance with the rules and regulations of this Website, unless and until You become a member of this Website; if You are not a member of this Website, You can only log into and browse the Website and have access to other services as are permitted by the rules and regulations of this Website.
1.6 Upon registering yourself as a member of this Website and using any of the services and functions offered by this Website, it shall be deemed that You have read, understood this Agreement, and:
1.6.1 accepted to be bound by all Terms and Conditions of this Agreement;
1.6.2 You confirm that you have attained the age of 16, or another statutory age for entering into contracts as is required by a different applicable law, and have sufficient capacity to accept these terms and conditions herein, to enter into a transaction, and to use this Website for digital asset transactions.
1.6.3 You undertake that all your digital assets involved in transactions hereunder are legally acquired and owned by You.
1.6.4 You agree to undertake any and all liabilities for your own transaction and non-transaction activities as well as any and all profits and losses therefrom.
1.6.5 You confirm that the information provided at the time of registration is true and accurate.
1.6.6 You agree to comply with any and all relevant laws, including the reporting of any transaction profits for tax purposes.
1.6.7 This Agreement is only binding on the rights and obligations between You and us, and does not involve any legal relations and legal disputes arising from and relating to the transaction of digital assets between the users of this Website, and between other websites and You.
11.1. Scope of Application
11.1.1 When you register your account with this Website or use your account with this Website, you shall provide personal registration information in accordance with the requirements of this Website, including but not limited to your telephone number, email address, and identity card information.
11.1.2 When you use the services offered by this Website, or visit this Website, this Website will automatically receive and record the server information of your web browser, including but not limited to the IP address and records on the web pages that you request to access.
11.1.3 The relevant data collected by this Website in connection with your transactions on this Website, including but not limited to transaction records.
11.1.4 Other personal information of yours legally obtained by this Website.
11.2 Use of Information11.2.1 Upon your successful registration with this Website and without extra consent from you, it shall be deemed that you agree to permit this Website to collect and use all the information you publish on this Website; as is specified under 11.1 hereof, you acknowledge and agree that this Website can use your information collected by this Website for certain purposes, including but not limited to the following:
220.127.116.11 providing you with the services offered by this Website;
18.104.22.168 Reporting to relevant regulatory departments based on the requirements of the competent authorities in relevant sovereign states or regions;
22.214.171.124 When you use Services offered by this Website, this Website will use your information for the purposes of authentication, customer service, security, fraud monitoring, archiving, and backup, so as to ensure the security of the products and services that this Website offers to you;
126.96.36.199 Helping this Website design new products and services, improving the existing services offered by this Website;
188.8.131.52 In order to enable you to understand the specifics of the Services offered by this Website, you agree to permit this Website to send to your account marketing event information, commercial electronic information, and advertising that is related to you in replacement of general-purpose ubiquitous advertising;
184.108.40.206 This Website may transfer or disclose your information to any third party that is not a related party of this Website, for the purpose of completing merger, division, acquisition or transfer of assets;
220.127.116.11 Software certification or management software upgrade;
18.104.22.168 Inviting you to participate in surveys in connection with the services offered by this Website;
22.214.171.124 Data analysis relating to cooperation with government agencies, public affairs agencies, associations, etc;
126.96.36.199 For all other legal purposes as well as other purposes authorized by you.
11.2.2 This Website will not sell or lend your personal information to any other person unless your permission is obtained in advance. This Website also does not allow any third party to collect, edit, sell or gratuitously spread your personal information in any manner whatsoever.
11.3 This Website shall keep confidential the customer identity information and transaction information that it obtains, and shall not provide any entity or individual with customer identification information or transaction information, except where any of the applicable laws, regulations, decrees, orders, etc., of relevant sovereign states or regions requires this Website to provide such information.
All the transaction calculations are verified by us, and all the calculation methods have been posted on the Website, but we can not ensure that your use of this Website will not be disturbed or free from errors.
13. Export Control
You understand and acknowledge that in accordance with relevant laws of the Independent State of Samoa, you shall not export, re-export, import or transfer any material (including software) on this Website; therefore, you hereby undertake that you will not voluntarily commit or assist or participate in any of the above export or related transfer or other violations of applicable laws and regulations; if you uncover any of the aforementioned events, you will report to us and assist us in handling them.
The rights and obligations agreed in this Agreement shall be equally binding on the assignees, the heirs, executors and administrators of the parties hereto who benefit from the rights and obligations. Without our consent, you may not transfer to any third party any of your rights or obligations hereunder, provided, however, we may, at any time, assign our rights and obligations under this Agreement to any third party with thirty (30) days' notice to you.
If any provision of this Agreement is found unenforceable, invalid or illegal by any court of competent jurisdiction, validity of the remaining provisions of this Agreement shall not be affected.
16. No Agency
Nothing in this Agreement shall be deemed to have created, implied or otherwise treated us as your agent, trustee or other representative, unless it is provided otherwise in this Agreement.
17. WaiverOur or your waiver of the right to hold the other party liable for breaches of agreement or any other liability as is agreed upon in this Agreement shall not be construed or deemed as a waiver of the right to hold the other party for other breaches of contract; a failure to exercise any right or remedy shall not be construed in any way as a waiver of such right or remedy.
All headings herein are exclusively for the convenience of wording and are not intended to to expand or limit the content or scope of the terms and conditions of this Agreement.
This Agreement in its entirety is a contract concluded under the laws of the Independent State of Samoa, and its establishment, interpretation, content and enforcement shall apply to the relevant laws of the Independent State of Samoa; Any claims or actions arising out of or relating to the Services agreed in this Agreement shall be governed and interpreted and enforced in accordance with the laws of the Independent State of Samoa. For the avoidance of doubt, this clause shall be expressly applicable to any tort claim against us. The competent court or forum for any claim or action against us or in relation to us shall be in the Independent State of Samoa. You have unconditional access to exclusive jurisdiction in court proceedings and appeals in the court of the Independent State of Samoa. You also unconditionally agree that the venue or competent court for any dispute or problem relating to this Agreement or any claim and proceeding arising from this Agreement shall be exclusively in the Independent State of Samoa. The Doctrine of Forum Non Conveniens does not apply to the court of choice under these Terms of Service.
20. Entry into Force and Interpretation of the Agreement20.1 This Agreement shall enter into force when you click through the registration page of this Website, complete the registration procedures, obtain your account number and password of this Website, and shall be binding on you and this Website.
20.2 The ultimate power of interpretation of this Agreement shall be vested in this Website.
Know-your-customers and Anti-Money Laundering Policies
1.1 We ensure that we comply with know-your-customer and anti-money-laundering laws and regulations, and will not knowingly violate know-your-customers and anti-money-laundering policies. To the extent of our reasonable control, we will adopt necessary measures and technology to provide you with Services that are safe and secure, so as to protect you against the loss caused by money laundering to the greatest extent possible. 1.2 Our know-your-customer and anti-money-laundering policies are a comprehensive system of international policies, including the know-your-customer and anti-money-laundering policies of the jurisdictions to which you are subject to. Our robust compliance framework ensures that we meet regulatory requirements and regulatory standards on both the local and global levels, and ensure the operational sustainability of our website.
2. Content of Our Know-Your-Customer and Anti-Money-Laundering Policies
2.1 We promulgate and update know-your-customers and anti-money-laundering policies to meet the standards set by relevant laws and regulations;
2.2 We promulgate and update some of the guidelines and rules in connection with the operation of this Website, and our staff will provide you whole-process service in accordance with the guidelines and rules;
2.3 We design and complete the procedures for internal monitoring and transaction control, such as rigorous identity authentication procedures, and form a professional team responsible for anti-money laundering;
2.4 We adopt risk-prevention-based approach to carry out due diligence and continuous supervision in connection with customers;
2.5 Review and regularly inspect existing transactions;
2.6 To report suspicious transactions to the competent authorities;
2.7 Proof documents of identity documents, address certificates and transaction records will be maintained for at least six(6) years; if they are submitted to the regulatory authorities, let it be understood that a separate notice will not be provided to you;
2.8 Credit cards are prohibited throughout the course of the transaction;
2.9. Regularly participate in the trainings organized by the relevant authorities and provide regular trainings to the staff.
3. Identity Information and the Verification and Confirmation
3.1 Identity Information
3.1.1 In accordance with the laws and regulations of relevant jurisdictions and in light of the nature of entities concerned, the content of your information as is collected by us may vary, and in principle, we will collect the following information of yours if you register as an individual: Basic personal information: your name, address (and permanent address, if the two are different), date of birth and nationality, and other information available. Identity authentication shall be based on documents issued by the official or other similar authorities, such as passports, identity cards or other identity documents as are required and issued by relevant jurisdictions. The address you provide will be validated in an appropriate manner, such as checking the fare ticket of means of transportation you use, your interest rate bills, or voter register. Valid photo: before you register, you must provide a photograph showing you holding your identity document in front of your chest; Contact information: telephone/mobile phone number and valid email address.
3.1.2 If you are a company or any other type of legal entity, we will collect the following information of yours to determine the final beneficiary of your account or your trust account. Your corporation enrollment and registration certificates of the company; a copy of the articles of association and memorandum of the company; the detailed certification materials of the ownership structure and ownership description of the company, and the decision of the board of directors on designating the authorized agent of the company responsible for the opening and execution of the account of the company with the website; the identity documents of the directors, major shareholders of the company as well as the authorized signatory for the company’s account with the website, as are required to be provided in accordance with relevant rules; the company's main business address, and the company's mailing address if it is different from the main business address of the company. If the local address of the company is different from its main business address, the company shall be deemed to be a high-risk customer, and consequently the company will be required to provide additional documentation. Other certification documents, documents issued by competent authorities and other documents we may deem necessary in light of the laws and regulations of relevant jurisdictions and in light of the specific nature of your entity.3.1.3 We only accept English and Chinese versions of your identity information; if your identity information is not in either of the two languages, you shall have your identity information translated into English and duly notarized.
3.2 Confirmation and Verification
3.2.1 You are required to provide both the front and back sides of your identity documents.
3.2.2 You are required to provide us with a photograph showing you holding your identity documents in front of your chest.
3.2.3 Copies of certification documents shall be checked against the originals thereof. Nonetheless, if a trusted and suitable certifier person can prove that such copies are accurate and comprehensive duplicates of the originals thereof, such copies shall be deemed as acceptable. Such certifiers include ambassadors, members of the judiciary, magistrates, etc.3.2.4 The identification the ultimate beneficiary and controller of the account shall be based on the determination of which individuals ultimately own or control the direct customer and/or to determining that the ongoing transaction is performed by another person. If you are a business enterprise, the identity of major shareholders thereof (for example, those holding 10 % or more of the voting equity in such business enterprise) shall be verified. Generally, a shareholder holding 25 % of the shares of the company will be deemed as involving an average level of risk, and the identity of the shareholder shall be verified; a shareholder holding 10 % or more of the voting rights or shares is deemed to be involving a high level of risk, and the identity of the shareholder shall be verified.
4. Transaction Supervision4.1 We constantly set and adjust daily trading and cash withdrawal limits based on security requirement and actual state of transactions;
4.2 If the transaction occurs frequently in an account registered by you or is beyond reasonable circumstances, our professional team will assess and determine whether such transaction is suspicious;
4.3 If we identify a specific transaction as suspicious on the basis of our assessment, we may adopt such restrictive measures as suspending the transaction or denying the transaction, and if it is possible, we may even reverse the transaction as soon as possible, and report to the competent authorities, without, however, notifying you;
4.4 We reserve the right to reject registration applications by applicants that do not comply with the international standards against money laundering or who may be regarded as political and public figures; we reserve the right to suspend or terminate a transaction identified as suspicious based on our own assessment, which, however, does not breach any of our obligations and duties to you.