Terms and Conditions
Last updated on April 3, 2021
Yintran Group Holdings Limited (the “Company”), pursuant to section 8F(2) of the Payment Systems and Stored Value Facilities Ordinance, with Stored Value Facilities License No. SVF0014 granted by Hong Kong Monetary Authority (“HKMA”), offers payment transfer platform (the “Platform”) services that allows users to make and receive payment by using a device with an internet connection. All money transfers among users are channeled through the licensed banks in Hong Kong based on users’ instructions via devices with an internet connection and through the Platform within the legal jurisdiction of Hong Kong. All users’ money in the Platform is stored in and under custody of a licensed bank in Hong Kong.
The Company reserves rights to amend the terms and conditions of the Agreement, from time to time and at any time, by posting amendments in its website and App. All amended terms and conditions shall be deemed effective immediately upon being posted in the Company’s website and App unless they are major and material changes which will be deemed effective in seven (7) Business Days from the amendments being published at its website and App. By continuing to use the Services, the user is deemed to have agreed and accepted the amendments. The Company also reserves rights via email or SMS to post amendments to users where the amendments shall be deemed effective immediately from the day the amendments are sent unless they are major and material which shall be deemed effective in seven (7) Business Days from the day the amendments are sent.
1. Yintran Payment Transfer Services
The Company’s Platform provides the user convenience to transfer payment to, request payment from, and receive payment from any one of other Platform’s users via internet connected devices such as computer, mobile phone, tablet, etc. Add Friend, Payment QR, Request QR, ID QR, Transfer, Refill (Top up), Cash Out (Redemption CNY, HKD, Summary, Notifications, Invitation Code, Request Payment, and Link to Bank Account are the main features in the Platform to facilitate users to transfer payment among all users.
1.2 Top Up (Refill) and Redemption (Cash Out)
The user may top up (refill) his/her/its e-Wallet in the Platform from his/her/its own Linked Bank Account, or redeem (cash out) the stored value in his/her/its e-Wallet to his/her/its Linked Bank Account.
1.3 Biometric Authentication
If the user chooses to log in his/her/its e-Wallet or to make payment by using the biometric fingerprint authentication, to enhance the payment transfer security, the user is required to designate ONLY one fingerprint or facial display at his/her/its account with the mobile device. The user utilizes the biometric authentication at his/her/its own risk, and the user indemnifies the Company of any loss caused by the usage of the biometric authentication process.
1.4 Receipt of Payment
Prior to making payment transfer, the user must request the recipient to be a “Friend”. Without the recipient’s consent to be a Friend, the user cannot transfer payment to the recipient.
1.5 No Deposit Protection Coverage
The user is fully aware that the Company, other than its being a stored value facility (“SVF”) licensee pursuant to the Payment System and Store Value Facilities Ordinance (“PSSVFO”), is NOT a bank. The SVF balances are NOT protected by the Hong Kong Deposit Protection Scheme.
1.6 No Interest
The user agrees that the user's e-Wallet will not earn or gain any interest on the money or the stored value in the user's e-Wallet. However, in consideration of usage of the Services, the user hereby agrees to irrevocably transfer and assign to the Company any right that the user may have in any interests that may accrue on money held in the user's e-Wallet which is pooled with other users' stored value in a bank account under custody. This assignment applies only to interest earned on the user's stored value, and nothing in this Agreement grants the Company any right to claim ownership of the user's stored value maintained with the Platform.
2. Registration and Eligibility
2.1 Website and App Download
The individual and non-individual users can only install the e-Wallet from the Yintran website www.yintran.com, Google Play Store and/or Apple App Store. For any special setup by corporate or institutional clients, the users may contact us for assistance at +852 3188-7000 or WhatsApp us +852 9731-5987 or WeChat us or email us the enquiry at email@example.com.
The user is eligible to install an e-Wallet to use the Services if the user is a Hong Kong resident or a Hong Kong registered business entity. Non-Hong Kong resident or non-Hong Kong registered business entity having a valid bank account in Hong Kong is also eligible to install an e-Wallet to use the Services.
If you are not eligible under these conditions, you may become the user of the Services only if you are invited and accepted by a current user as a “Friend” in order to set up an account. The eligible individual user is required to provide information such as HKID (or passport or an eligible ID), nationality, date of birth; and the eligible non-individual user is required to provide information such as the business registration, certificate of incorporation, place of incorporation, and date of incorporation.
If the user is not a Hong Kong resident or a registered business entity, and also does not hold a valid bank account in Hong Kong, the user is NOT eligible for the Services unless you are invited and accepted by a current user as a “Friend”. Initially, new users may be required to be invited by an existing Yintran user.
2.4 Amendment to Eligibility
Yintran reserves the right to amend the definition of the user eligibility. For the security and safety of the platform, Yintran reserves the right to serve for the best interest of the users.
3. User's Obligations and Responsibilities
3.1 Additional Information Required
Once the accumulated total inward transaction amount (receipts from product or service sold, receipts from person-to-person payment, and receipts from the linked bank account) reaches $25,000 for the first time in any twelve (12) rolling months, ID and address verification is required to be uploaded by the user for the Company’s approval before the user may further use the Services. If the accumulated total inward transaction amount reaches $100,000 for the first time in any twelve (12) rolling months, then further verification is required from the user, such as loading a 2nd ID proof. The additional address and ID verification document could be a utility bill or a bank statement that must be dated within 3 (three) months in order for the Company to verify the user’s identity and e-Wallet’s information. It is the Company’s discretion to either use third party databases or other sources to verify the user’s information, and the user hereby consents to such enquiries conducted by the Company. Other information may also be required in order to comply with anti-money laundering and counter-terrorist financing laws, rules, regulations, codes, guidelines, circulars, and the Company policies.
Non-individual users shall start to use the Services with basic information submitted, additional agreement is required between user and the Company for Services to receive money without limit.
3.2 Discretion for Acceptance
Yintran reserves all right to accept or reject the user’s account information with or without reason.
3.3 Representation and Warranty
The user represents and warrants that all such information provided to the Company is true and accurate.
3.4 User's Information Update
It is the user’s obligation and responsibility to update the said information to ensure the accuracy at all times. Any update for the user’s e-Wallet will only be effective the Company’s verification and approval. The Company has the sole discretion to accept or decline the update which may render the user’s e-Wallet to be deactivated, closed and terminated as a result of change and update made to the user’s e-Wallet. The user may contact us at +852 3188-7000 or WhatsApp us +852 9731-5987 or WeChat us or email us the enquiry at firstname.lastname@example.org.
3.5 User's Obligation to Safe Keep Credentials
It is the user’s responsibility to safe keep his/her/its e-Wallet’s login information, password and User ID. The user is held entirely responsible and liable for the consequences of disclosing or lending such credentials to others, regardless of whether such disclosure is authorized or unauthorized, or voluntary or involuntary, and hence shall be entirely responsible and liable for the activities conducted by those third parties who obtained the user’s credentials.
3.6 User Must Be the Beneficial Owner
The individual and non-individual user must be the beneficial owner of the e-Wallet, and conduct business only on behalf of the registered individual or the registered non-individual entity.
3.7 False Information
If false or inaccurate information is provided by the user or fraud has taken place when the user uses the Services, the detailed and related information will be provided to fraud prevention and credit reference agencies or law enforcement agencies. The information recorded and obtained by the Company will be accessed by the relevant law enforcement organizations in Hong Kong and/or other countries.
3.8 Channels of Communication to Users
3.9 Effectiveness of Communication
Save for the major and material amendments to the Terms and Conditions herein, all communications shall be deemed as received and accepted by the user immediately after they have been posted on the Company’s website or sent to the user’s registered email address. It is the user’s obligation to keep the Company updated of the user’s latest email address in order to receive such email notifications from the Company electronically from time to time so long as the user maintains his/her/its e-Wallet at the Platform. The user may log into the user’s e-Wallet at Platform to update his/her/its email address in the menu’s Settings page. Agreement of and consent to receiving communications from the Company cannot be withdrawn or cancelled. The Company reserves the right to close the user’s e-Wallet if the user chooses to withdraw or cancel his/her/its consent to receive communications from the Company. The user may contact us at +852 3188-7000 or WhatsApp us +852 9731-5987 or WeChat us or email us the enquiry at email@example.com if the user has any enquiry regarding the Company’s policy of communication with the user.
4. eWallet Account
The user’s stored value in the e-Wallet is segregated from the Company’s bank account that is solely for the Company’s operational purpose. The user's stored value is safe kept by a licensed bank in Hong Kong. In no time will the user’s stored value be used for the Company’s operational purpose or mingled with the Company’s bank account for operational purpose.
The user acknowledges that he/she/it will not be entitled to receive interest or other earning on the amounts in the balance of his/her/its eWallet.
4.3 Negative Balance
Any negative balance in the user’s e-Wallet, the Company may immediately debit from user’s Linked Bank Account to replenish the e-Wallet from negative to the minimum required account balance (“MAB” as defined in Section 5).
5. Minimum Account Balance ("MAB")
A MAB shall be in all time maintained by the user at his/her/its e-Wallet when the user registers and sets up an e-Wallet with the Company. The Company reserves entire discretion to adjust the MAB requirement from time to time by giving prior notice to users. If the user's e-Wallet MAB drops below the minimum requirement, the Company reserves the right to set off the shortfall by deducting money to be received by the user's e-Wallet, or money the user attempts to withdraw or cash out from the user's e-Wallet , or by debiting the user’s Linked Bank Account to maintain the MAB.
6. eWallet Guidelines
The user must not use the e-Wallet in any way that is against any law, or cause the Company to breach or comply with any laws, regulations, codes, guidelines, and rules or act fraudulently or maliciously towards the Company.
6.2 Purpose of Usage
The user may either be an individual or non-individual user. The individual account is only for personal purpose and may not be used to receive payment for business transactions. The non-individual account may only be used for commercial purposes to collect and make payment.
6.3 No Guarantee and No Endorsement
The Services provided by the Company shall not be deemed as endorsement or guarantee from the Company for any individual or non-individual who is using the Company’s system or Services, nor shall any third party’s offers, goods or services featured or advertised or broadcasted on the Company’s website be deemed as endorsement or guarantee from the Company to users. Any information regarding third party’s offers, goods, and services provided on the Company’s website is for reference or informational purpose only, and the Company shall not be held liable for such contents’ truthfulness, accuracy and reliability.
6.4 Non-impairment by Users
The user should not use the Services in a way that could damage, impair or compromise the Services, system, security, infrastructure, or interfere with other users
6.5 Non-authorized Usage by Users
The user should not collaborate, collect cooperate or harvest any information or data from the Services or utilize any system or decrypt or analyze any transmissions to or from the services running between the users and the Company’s system; nor the user should attempt to use any such information or data to create product for any commercial use such as promotional or commercial activities.
7. Linkage of User's Own Bank Account
7.1 Linkage of User's Own Bank Account with eWallet
User may only link his/her/its e-Wallet with accounts of the Hong Kong licensed banks (“Bank”) which are in the list of bank network coverage provided by the Services. When the user makes a payment transfer instruction that is funded by the user’s bank account, the user agrees to authorize the Company to initiate an electronic transfer from the user’s Linked Bank Account an amount the user instructs and specifies. The user is solely responsible for complying with any terms set by the user’s bank with respect to the user’s Linked Bank Account, including but not limited to any fees to be imposed by the bank or the Company in the cases of insufficient balance or overdraft. If there is an adjustment or fee imposed by the user’s bank or the Company that is associated with a payment that the user made when using the Services, the user authorizes the Company to credit or debit the adjustment or fee from the user’s Linked Bank Account to complete the user’s instructed transfer.
7.2 User's Authorization
When the user’s Linked Bank Account is used as a funding source, the user has authorized the Company to initiate on the user’s behalf an electronic transfer from or to the user’s Bank Account. The Company will make electronic transfers via a Hong Kong licensed bank, and the user’s Linked Bank Account will be debited or credited by a Hong Kong licensed bank in an amount the user instructs and specifies. The user agrees that the user’s authorization to the Company to make the electronic transfer is irreversible, and the user will not be able to cancel the electronic transfer. The Company is authorized to resubmit the user’s instruction to any licensed bank to debit the user’s authorized amount that is returned for a reason of insufficient or uncollected funds unless stated otherwise by the applicable Hong Kong law. The individual or non-individual user effectively guarantees the electronic transfer amount instructed by the user to the Company.
The user hereby authorizes his/her/its Linked Bank which is registered by the user when setting up e-Wallet at the Platform, to effect transfers from the user’s Linked Bank Account to the Company’s bank account in accordance with such instructions as the user’s bank may receive from the Company’s bank account from time to time, provided always that the amount of any such transfer shall not exceed either (i) the amount of the transfer limit set by the user’s Linked Bank Account or (ii) the daily, monthly, and annual limits set by the Company, or (iii) regulatory required limits, whichever is the lowest.
7.3 No Verification Required by Bank and Company When Effecting User's Instruction
The user agrees that the user’s bank and the Company shall not be obliged to ascertain whether or not the transfer notice is actually provided by the user. Furthermore, the user agrees to accept full responsibility for any overdraft (or increase in existing overdraft) on the user’s Linked Bank Account that may arise as a result of any such payment transfer instruction(s).
7.4 User's Linked Bank Account Status
The user agrees to and MUST notify the Company of any change of the user’s registered Linked Bank Account and further agrees that should there be insufficient fund in the user’s Linked Bank Account to meet any payment transfer that the user hereby instructed and authorized the Company to effect the transfer, the user’s bank shall be entitled, at its discretion, not to effect such transfer in which event the user’s bank and the Company will collect the usual service charge from the user. Such a direct debit authorization shall be continuously effective until further notice from the user. The user understands that if no direct debit authorization is performed on the user’s Linked Bank Account for a continuous period of 24 months, the user’s bank reserves the right to cancel the direct debit arrangement without prior notice to the user.
7.5 Cancellation or Change of User's Linked Bank Account
The user agrees to notify the Company immediately any cancellation or variation of his/her/its Linked Bank Account’s authorization, and understands it will take at least seven (7) Business Days or longer for the Company to effect such change for the user’s eWallet account.
7.5 When Stored Value in eWallet is Ready for Use
After the user registered and linked a bank account with the user’s e-Wallet in the Platform, and filled the user’s e-Wallet, the user may start withdrawing money from his/her/its e-Wallet to effect payment transfer to other individual and non-individual users. Transferring money from the user’s Linked Bank Account to his/her/its e-Wallet, the user acknowledges and understands that it usually takes effect in real-time for the fund available in the user’s e-Wallet, pending the user’s own bank’s operational time and requirement.
8. Transfer Limits
8.1 NO limit on money transferred-INTO-user’s-account.
8.2 Daily Transfer OUT Limit
Top-up, payment, or cash-out 50,000.00
8.2.2 Non-individual SME
Transaction limit subject to agreement*
*A higher than daily transfer limit may be allowed and approved subject to further documentation proof submitted by user, and the approval by the Company at the Company’s sole discretion.
8.3 Monthly and Annual Transferred-OUT Limit
There will also be monthly and annual transfer limit subject to regulatory requirements. Once such limits are reached, the user will require applying for higher limits.
The Company reserves the right to use the sum of the currency HKD and CNY Daily Transfer Limit amount with respect to the individual and non-individual accounts.
The Company reserves the final decision to determine the daily, monthly and annual transfer limit for each user without reasons and without the user’s consent.
Once the user reaches the regulatory established daily, monthly or annual limits, the individual and non-individual accounts will be notified. The limit may be adjusted according to the user’s request and additional information required to provide, if any.
9. Maximum Stored Value
A maximum stored value ("MSV") is the maximum amount that the user may store in the e-Wallet. Any amount greater than the MSV will be automatically cashed out to the user’s Linked Bank Account, and if the account is not linked to a bank account, the user will either have to request the Company for a higher MSV limit or transfer money out of his/her/its e-Wallet immediately to maintain the MSV.
Individual’s MSV: HKD 200,000 or CNY 200,000
*Subject to additional information provided
Once MSV is reached and if the user has a linked bank account, there is a mechanism to “auto cash out” the excess amount to the user’s linked bank account. Whereas the user does not have a linked bank account, if an aggregate of an incoming fund with the balance in the Yintran account exceeds the MSV, the incoming fund will be returned. The recipient user may request a higher MSV subject to additional information provided in justifying for a higher MSV. Alternatively, the recipient user may transfer the balance to other users in order to lower the balance and receive incoming fund.
The Company reserves the right to use the sum of the currency HKD and CNY MSV amount to limit the MSV with respect to the individual and non-individual account type.
The Company reserves the final decision to determine the MSV for each user without reasons and without the user’s consent.
10.1 Transfer Fee
NO fee between individual users (P2P).
CASH-OUT between the individual’s e-Wallet and his/her linked bank account, after the first two (2) cash-out transactions, will be charged $2.00 fee per cash out.
0.9% on the transaction amount received from Yintran account, and 0.9% plus HKD 2 or CNY 2 handling fee on the transaction amount received from non-Yintran account.
CASH-OUT between non-individual’s e-Wallet and its linked bank account will be charged HKD 2 or CNY 2 fee per cash out for amount no more than 1 million, and HKD 20 or CNY 20 for amount over 1 million.
10.2 Requesting for Account History
A HKD 200 fee charge will be imposed if the user requests for retrieving any record older than the active 24 rolling months record. The user may send request by email to firstname.lastname@example.org.
10.3 Fee Schedule Amendment
All above fee charges are subject to change from time to time with notification.
The 24 rolling month e-Wallet account activities record is kept for the user’s review.
11. Reversal and Suspension of Payment Transfer and Associated Charge and Penalty
11.1 Fee Charge for Reversal of Payment Received
Any payment that the user receives may be reversed or suspended by the Company if the user’s Bank requests a reversal of the payment. The user is solely liable for the full amount of any payment received being requested for reversal and the reversal charge, if any, claimed by the user’s Linked Bank Account, together with an additional administrative fee that the Company will collect from the user. The additional administrative fee that the Company will collect from the user is based on the balance amount outstanding, and the prevalent interest rate in each respective currency (i.e. HKD Prime Rate) plus 12%, with a minimum charge of HKD 250 per incident.
11.2 Recovery of Shortfall
If the user’s eWallet is insufficient to recover any shortfall due to reversal of any money transfer or any reason, the user agrees and authorizes the Company to take any of the following actions to recover the reversal fees and shortfall amount by: (i) debiting the user’s Linked Bank Account or e-Wallet account or other Registered Funding Sources that is available to the Company such as a linked credit card, if any; and/or (ii) engaging collection agents and legal actions for recovery. The user’s e-Wallet will be suspended at the Company’s sole discretion during the period of recovering the reversal amount. All the cost emanated from the recovery process will be payable by the user.
12.1 User's Responsibility for Goods and Services Purchased from Another User or Third Party Vendors
The user acknowledges and agrees that the Company is not responsible for the goods or services the user received by using e-Wallet to make payment transfer for those goods and services, and only vendor(s) user sought for goods and services against user’s payment is entirely responsible for warranty for those goods and services. It is user’s responsibility to (i) review vendor’s policies before making payment transfer to complete the purchase and transaction, and (ii) to resolve any disputes user may have with the vendor in issue. Shall user decide to take a legal action against his/her/its vendor and ask the Company for assistance, the Company may, but has no obligation, volunteer to provide assistance to the extent that the Company is able to facilitate provided that the user agrees to release and indemnify the Company, the Company’s officers, directors, agents, employees, suppliers and all affiliates from all claims and damages of any kind arising out of the user’s dispute with the vendor in issue. Furthermore, the Company does not guarantee its assistance to be satisfactory to the user, nor does the Company guarantee any particular outcome from its assistance to the user.
12.2 Dispute between Users
As regards any dispute between users without underlying commercial factors or transactions and solely related to the payment transfer technical issues, the user must file such dispute to the Company within 30 days from the dispute taking place by sending email to email@example.com where the claim shall provide: the user’s name and the counterparty’s name, the disputed amount, time and date of dispute, details of the dispute and actions being taken so far, copies of the supporting documents, and any other vital information related to such dispute. The user shall provide full cooperation with the Company to provide the required and related documentation per the Company’s request, and shall not conceal or hide the related information. The Company will advise the user and the party involved on the outcome within three months from the date of receiving the dispute from the user. The user agrees that such advice shall be deemed final, conclusive and binding on the parties involved.
13. Claims, Fees, Fines and Penalties
13.1 Liabilities and Indemnification
The user is solely liable for all bank charges, charges arising from reversals and claims, fees, fines, penalties, the Company’s administrative cost incurred, and other liabilities caused to the Company, other the users, or third parties in relation to the user’s breach of this Agreement when using the Services. The user agrees to indemnify the Company, the Company’s affiliates, other users, and any third party against the liabilities resulting from his/her/its breach of this Agreement.
13.2 Closure of eWallet and Recovery of Damage
If the Company determines, at the Company’s sole judgment, with or without reason, that the user may have breached this Agreement and the user and the user’s e-Wallet present risk(s) or security concerns, or if the Company is unable to verify the user’s identity, the Company may immediately take actions to protect the Company and other users or other third parties. These actions may include, but are not limited to, suspension of the user’s access to his/her/its e-Wallet and/or the Company’s Services, at the Company’s discretion, for 30 days or longer until the user rectifies the breach. Furthermore, the Company may take action to claim and recover the amount incurred as a result of the user’s breach, close the user’s e-Wallet, contact the user’s linked bank, contact third parties involved in the user’s breach, and resort to legal action and enforcement against the user, the user’s affiliates and the user’s related third parties. The Company may decide, in future, not to provide the Services, with or without reason, to such user, his/her/its related parties, associates and affiliates.
14. Limited Liabilities
Unless the Company have been grossly negligent, committed fraud or willful default, the Company will NOT be liable to the user for any losses that the user may have suffered or costs that the user has incurred because (i) the user does not receive any notifications in a timely manner or as expected; (ii) the Services does not work as the user has expected; (iii) any third party service providers have compromised service level or failed to achieve adequate service level or been unable to provide as expected such as the vendors and the software service providers; (iv) the software the user uses in connection with the Services is damaged or corrupted; (v) the user is unable to access or use the Services for any reason or there is a delay in the usage. Under no circumstances the Company is or will be liable for any indirect or consequential losses or damage, even when advised of the presumption of such loss.
15. Unauthorized Access to User's eWallet
The user shall report to the Company immediately, within seven (7) days, by contacting us at +852 3188-7000 or WhatsApp us +852 9731-5987 or WeChat us or email us the enquiry at firstname.lastname@example.org if the user’s e-Wallet has the following activities: (i) a payment transfer has been administered inaccurately; (ii) e-Wallet has been log on without the user’s authorization or agreement; (iii) a payment transfer has transpired without the user’s authorization or agreement; or (iv) account activities summary contains a miscalculation. If any unauthorized payment transfer is caused by an access authorized by the user or the user’s disclosure of his/her/its account information, such payment made shall be deemed as if it were made by the user and the user shall therefore be bound by the validity of such payment transfer. If the Company’s system caused an error in account activities summary or incorrect payment transferred without involving the user’s authorization, the Company will reply to the user within seven (7) Business Days after receiving email report from the user if the error is caused by the Company’s system (phone call report shall be followed by email report). The Company will correct the error promptly at the sole discretion of the Company, if the error is solely caused by the Company as determined at the sole discretion of the Company. If not caused by the Company, the Company is allowed to have a longer time to investigate the cause, and determine if it shall credit or debit the user’s e-Wallet the disputed amount, if any, caused by the error.
16. Termination of Services and Account Closure
16.1 Clearance of Balance before Termination
When the user decides to cease using the Services and terminate his/her/its e-Wallet account, the user, first, is required to withdraw the balance in his/her/its e-Wallet by cashing out the balance to his/her/its Linked Bank Account or by transferring the balance to other users, then email the account closure request to the Company from the user’s registered email. In case the user cannot clear the balance by the above methods, the user may email to the Company from the user’s registered email or request for setting up an appointment to collect the balance, in a form of a check issued by the Company, at the Company office, within one (1) months after receipt of the termination notice. The clearing balance for the purpose of the e-Wallet account closure is free of charge.
16.2 Closure of eWallet
If there are no pending or unsettled transactions or outstanding disputes, the Company will, once the account balance is cleared, proceed with the termination of such user’s eWallet account.
16.3 IDLE eWallet
In case an e-Wallet is idle without activities for 12 months, after the Company ascertains there are no disputes involved or outstanding sum unsettled, the Company will alert the user by email his/her/its account status and enquire if the user wants to elect to close the account. If the Company does not hear from the user in 30 days after the alert, the Company will close the user’s e-Wallet account, and give the user three (3) months grace period to redeem the balance. During these three (3) months, the user’s residual balance will be deposited in a segregated account. After three (3) months, the Company will start imposing HKD 25 monthly account maintenance fee on the user for six (6) months so long as the user still does not withdraw the residual balance, or only until the month when the user completely withdraws the residual balance, and after six (6) months, the maintenance fee will be increased to HKD 60 per month plus any other charges imposed by the bank holding this segregated account plus the Company’s additional administrative cost until the user’s stored value account balance becomes zero.
16.4 Discretional Suspension by the Company
Separately, the Company may at its sole discretion suspend, then close the user’s e-Wallet account or cease the user’s access to the Services without giving prior notification to the user and without being liable to the user for any loss or damage incurred thereby shall the user breach the Agreement or if the Company suspect any illegal activities engaged or conducted by the user when using the Services, such as (i) violation of laws, regulations, codes, ordinances, or guidelines; (ii) committing fraud; (iii) using the Service to engage illegal or criminal activities including but not limited to receiving proceeds generated from crimes or inappropriate activities; (iv) providing false information to the Company; (v) behaving inappropriately towards the Company’s staff or other users; (vi) becoming ineligible to use the Service; or (vii) allowing other entities use his/her/its eWallet account.
16.5 Cease of Services and Linkage with User's Bank
The Services will immediately cease upon the account’s closure. It is the user’s obligation to notify his/her/its own bank that his/her/its e-Wallet account is being terminated and he/she/it has no longer has access to the Services.
The user agrees to indemnify and hold harmless the Company, its officers, directors, agents, employees, suppliers, related parties, and affiliates from any dispute as a result of his/her/its using the Services and e-Wallet provided by the Company. Furthermore, the user agrees to indemnify and hold harmless the Company, its officers, directors, agents, employees, suppliers, related parties, and affiliates from any dispute related to any transaction between the user and the Company.
17.2 Indemnification Against Legal Proceedings
The user further agrees to indemnify and hold harmless the Company, its officers, directors, agents, employees, suppliers, related parties, and affiliates from any claims, actions, proceedings, and suits and related liabilities, damages, settlements, penalties, fines, costs or expenses (including legal fees and litigation expenses) arising from the user’s actual or alleged violation of this Agreement or any other applicable Company’s policies or any third party’s rights or any laws regulations and rules governing the Company as a result of the user’s use of the Services.
17.3 Dispute Resolution
All disputes arising from this Agreement shall first resort to an amicable solution, failure of which the user and the Company irrevocably agree that the courts of the Hong Kong Special Administrative Region (“HKSAR”) shall have an exclusive jurisdiction in relation to any claim or dispute concerning this Agreement unless the disputed amount falls within the Small Claim Court’s jurisdiction.
17.4 Maximum Liability
The user agrees that the maximum liability and claim against the Company and its officers, directors, employees, affiliates and agents, if any, in relation to the user’s use of the Services shall in no time exceed the fee charge collected by the Company from the user. The user explicitly agrees to waive any claim exceeding the fee charge collected from the user by the Company in relation to the user’s use of the Service.
17.5 Services Free from Warranty
The Services are provided "as is" and “as available”, without any representation or warranty of usage or availability, whether express, implied or statutory. The user’s use of the Services is at his/her/its own risk. The Company, its officers, directors, agents, employees, suppliers and affiliates, specifically disclaim any explicit or implied warranties for any usefulness, fitness or a particular purpose of the Services and non-¬infringement when using the Services. The Company has neither control of nor liability for any product or services that are paid by using the Services and cannot ensure that any third party the user transacts with will complete the transaction.
17.6 Free from Representation and Warranty
The Company does not represent or warrant that the Services will meet the user’s requirements and expectation, or the Services will be continuous, uninterrupted, secured, timely, or error-¬free, or defects of the Services will be corrected. No advice or information, whether oral or written, obtained by the user from the Company or through the Services will create any warranty which is not expressly stated herein or which is indirectly inferred herein.
The Company shall not be held responsible for any interruptions to or system failures in the Services that may affect the processing and completion of the user’s payment transfer or settlement of the transaction with the payment made via using the Services. The disclaimer shall apply to all circumstances permitted by the laws of the HKSAR and all the applicable jurisdictions.
17.8 Suspension of Usage of Services
The user further understands and agrees that the Company shall not be held liable for any losses or damages resulting from suspension of the Services due to extraordinary events or circumstances beyond the Company’s control. Under such circumstances, when the Company suspends the user’s access to the Services and e-Wallet, the linkage between the user’s e-Wallet and user’s Linked Bank will also be simultaneously suspended.
17.9 Assignment and Governing Law
The user is not allowed to transfer or assign any rights or obligations he/she/it has under this Agreement. The Company reserves the right to transfer or assign any rights or obligations under this Agreement at any time without the user’s consent. The user hereby agrees that the laws of the Hong Kong Special Administrative Region government this Agreement and any claim or dispute that has arisen or may arise between the user and the Company.
17.10 Entirty and Non-waiver
This Agreement, along with any applicable and related Company’s policies shall form the entire understanding between the user and the Company with respect to the Services. Any failure of the Company to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
If any provision or term of this Agreement is invalid or unenforceable under law, they shall be struck where the remaining provisions shall remain in full force and effect. Consent to receive communication from the Company, all and any matters related to payment reversal, disputes with other the users, the user’s liability, actions that the Company may take against the user, disputes with the Company, as well as any other terms which in their nature should survive, will survive the termination of this Agreement.
18. User's Enquiries
The user may contact the Company direct at +852 3188-7000 or WhatsApp us +852 9731-5987 or WeChat us or email us email@example.com for questions. The Company will endeavor to respond to the user’s enquiries as soon as appropriate.
19. User's Data Privacy
The user’s data with the Company will be protected pursuant to the Hong Kong Personal Data (Privacy) Ordinance (Chapter 486).
"Bank" means a licensed bank in Hong Kong.
"Company" or "the Company" means Yintran Group Holdings Limited and its successors, affiliates, or assigns which operates a payment transfer platform facilitating payment transfer among the users via a wide banking network connected by the Company.
Daily Received Amount Limit: None
Daily Transfer-IN Limit: NO limit on money transferred-INTO user’s account
Daily Transfer-OUT Limit:
INDIVIDUAL: Top-up or payment or cash-out: HKD 30,000.00
NON-INDIVIDUAL: A higher than daily transfer limit may be allowed and approved subject to further documentation proof submitted by user, and the approval by the Company at the Company’s sole discretion.
Once MSV is reached and if the user has a linked bank account, there is a mechanism to “auto cash out” the excess amount to the user’s linked bank account. Whereas the user does not have a linked bank account, if an aggregate of an incoming fund with the balance in the Yintran account exceeds the MSV, the incoming fund will be returned.
The Company reserves the right to use the sum of the currency HKD and CNY MSV amount to limit the MSV with respect to the individual and non-individual account type.
The Company reserves the final decision to determine the MSV for each user without reasons and without the user’s consent.
"Minimum Account Balance" means minimum balance required to be maintained in the Yintran e-Wallet. The Minimum Account Balance may be increased depending on user’s usage. The Company reserves the right to change the Minimum Account Balance from time to time at its sole discretion with or without reasons.
"Non-individual Account" means an account or e-Wallet established for business and not for personal purposes. The Company has the right, not the obligation, to determine the account type (i.e. individual or non-individual) at its sole discretion with or without reason.
"Recipient (Payee)" means the user receiving payment from another user.
"Registered Funding Sources" means the funding sources for the user’s e-Wallet, such as the user’s Linked Bank Account.
"Sender (Payer)" means the user making payment transfer to another user.
"Services" means all payment transfer related services offered and provided by the Company through the Company’s website, iOS/ Android applications, or any other related services provided by the Company.
"Settings" or "Settings page" means the Settings page in e-Wallet allowing the user to update his/her/its profile and registered information. Confirmation and authentication are required prior to the user being allowed to affect the update. Nevertheless, the final approval of the update is entirely at the Company’s sole discretion.
"Users" means any individual or non-individual that has registered with the Platform to use the Services and has an e-Wallet at the Platform.