1. Terms and Conditions

This web site (“Site”) is owned and provided by ATP t/a CNPAY Global Company Limited (together with its parents, subsidiaries and related companies “ATP t/a CNPAY Global Company Limited” and also referred to in these terms as “We” and “Us”). The terms and conditions set out herein (“Terms and Conditions”) shall apply to your access and use of this Site and all accounts, services, programs, information and products (collectively “Account” or “Accounts”) that you may use, open or otherwise access from time to time on or through this Site. Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are posted in particular areas of the Site and, together with these Terms and Conditions, govern your use of those areas, content or transactions.

These Terms and Conditions, together with applicable additional terms and conditions, are referred to as this “Agreement.”

IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE SHALL BE DEEMED YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN.

You acknowledge and agree that this Agreement may be formed by electronic means and enforced pursuant to applicable law. Neither you nor ATP t/a CNPAY Global Company Limited may challenge the validity of this Agreement. ATP t/a CNPAY Global Company Limited may modify this Agreement at any time, and such modification shall be effective immediately upon either posting of the modified Agreement on this Site or notifying you. You agree to review this Agreement periodically to be aware of such modifications, and your continued access or use of this Site shall be deemed your acceptance of the modified Agreement.

In addition to the foregoing, you (“Client”, also referred to as “You”) accept and agree each of the following Terms and Conditions:

2. Client Acceptance/Account Opening Requirements

We require a fully completed application form including acceptance to these Terms & Conditions before an Account is opened for you and Instructions may be accepted in connection with your Account. You must complete an Application Form via our Website. When you sign, scan and return the application form by email you are agreeing to abide by these terms and conditions and requesting us to accept you as a client.

ATP t/a CNPAY Global Company Limited has the ultimate right to close or suspend an account at any time or amend the fees at our discretion, according to the additional time or effort involved in a transaction related to your account.

Prior to accepting you as a client we will require you to complete certain documents and provide evidence of your identity in line with the law to prevent money laundering. Such information may contain but not be limited to electronic identification and/or the provision of copies of photographic identification and copies of documentation verifying your address. If you do not provide the appropriate documents or we are not satisfied with them, we may:

a. delay accepting your application for an Account;
b. refuse to accept your application for an Account;
c. suspend your Account

You agree to supply information reasonably requested by us promptly. You warrant that the information you give in relation to your identity and the reasons for your intended Instruction is accurate and that the Instruction does not breach any laws or regulations. If at any time, we are not satisfied as to the accuracy of any information that you have provided to us we may, at our absolute discretion, suspend or close your Account.

When you apply to become a client, and after you have satisfied our security verification procedures, we will approve your application and your Account will be opened.

You will receive an email with a link to set your password and authorization code, and then operate your Account.

If we reasonably believe that you are using the Account for illegal purpose or if it is brought to our attention that there is a disagreement about who owns or has authority to deal on the held funds for you, we may suspend your Account. This means that we will not allow anyone to deal or carry out a transaction until we are satisfied that you are not using your Account for illegal purposes or that the disagreement is settled. There is no time limit for this suspension.

3. Acting on Instructions

Any reference in this Agreement or this Site to “Instructions” or “Client Instructions” includes, without limitation, letter, e-mail, telephone or fax Instructions, information, requests, and orders.
We may accept Instructions in relation to your Account:

a. from the person nominated by you, to be the signatory on your Account (“the
Signatory”), where you warrant that you have the right to operate the Account and that no other person has any rights or interests in the Account that prevents you from operating the Account in line with these terms and conditions. Any Instructions that we accept in good faith from the Signatory will form a legally binding contract between you and us. In particular, you authorize us as your agent for the express purposes of following your Instructions in line with these conditions

b. from a person who has a legal right to give us Instructions (for example, your trustee if you are made bankrupt; your personal representative in the event of your death; your receiver, liquidator or administrator in the event of corporate insolvency); or

c. from a person that you have authorized in writing to give us Instructions (for example, someone who has a Power of Attorney for you);

ATP t/a CNPAY Global Company Limited may engage or appoint agents on such terms as ATP t/a CNPAY Global Company Limited deems fit and can delegate any of its functions under these conditions. ATP t/a CNPAY Global Company Limited will satisfy itself that any person to whom it delegates any functions under these terms is competent to carry out those functions.

In the event that ATP t/a CNPAY Global Company Limited decides to act upon or carry out any Instruction, or is otherwise under an obligation to act upon or carry out any Instruction, ATP t/a CNPAY Global Company Limited shall be allowed such amount of time to act and carry out any Instruction as may be reasonable and shall not be liable for any loss arising from any delay or failure on the part of ATP t/a CNPAY Global Company Limited in acting on any such Instruction.

ATP t/a CNPAY Global Company Limited shall be entitled to verify the identity of the persons or entities purporting to give any Instruction, the source and origin of any Instruction. ATP t/a CNPAY Global Company Limited may defer acting upon any Instruction until ATP t/a CNPAY Global Company Limited is satisfied as to the matters on which ATP t/a CNPAY Global Company Limited sought verification.

In the event, any Instruction is ambiguous or inconsistent with any other Instruction,
ATP t/a CNPAY Global Company Limited shall be entitled to rely and act upon any Instruction given by Client which ATP t/a CNPAY Global Company Limited believes in good faith to be the correct interpretation or refuse to act until Client issues new Instructions in such form and manner required by ATP t/a CNPAY Global Company Limited.

4. Account Closure

ATP t/a CNPAY Global Company Limited reserves the right to close an Account at any time without providing reasons for doing so.

5. Liability

If We cannot perform any of our services under conditions due to circumstances beyond our control, then We will take all reasonable steps resolve the issues, but We will not be liable for our non-performance.

We do not accept any liability either for any consequential loss arising from error or omission.

We are not responsible for any loss incurred as a result of the actions or omissions of any third party.

We cannot be held responsible for any fees levied by or any delay caused by an intermediary bank or a beneficiary bank. We agree to perform our obligations with reasonable care and skill but providing that We do so, We shall not be liable to the Client or any third party for any damages, costs, expenses, taxes, liabilities or losses resulting from our failure to execute any Instruction.

Time shall not be of the essence for the processing of any Instruction.

You shall indemnify and keep ATP t/a CNPAY Global Company Limited indemnified against all damages, costs, expenses, taxes, liabilities or losses of any nature suffered by ATP t/a CNPAY Global Company Limited through your failure to observe any Terms in respect of any Instruction agreed with ATP t/a CNPAY Global Company Limited. You shall indemnify and keep Us indemnified against all liabilities incurred by Us in the proper performance of our services, including any liabilities incurred by Us as a result of Us performing actions to perform your Instructions (or acting on requests which reasonably appear to ATP t/a CNPAY Global Company Limited to be from you or your authorized representative).

You shall keep all passwords and authorizations whether issued to you by Us, or set by yourself confidential and secure and We shall be entitled to rely on all Instructions or requests received by Us using those passwords and authorizations as if they were received from you, without conducting any further checks as to the identity of the person making the Instruction or request.

The limitations of liability in these Terms are agreed by the parties, including on the basis that you are aware of the volatility of the foreign currency markets.

We shall not be liable to you; in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred
or suffered of an indirect or consequential nature, including without limitation any loss of profits, business or goodwill, anticipated savings, loss caused by any third party, even if such loss was reasonably foreseeable.

We do not purport to limit our liability for death or personal injury or fraudulent misrepresentation.
The operation and maintenance of all Accounts, the execution of all Instructions and the provision of all services shall be subject to applicable laws. ATP t/a CNPAY Global Company Limited may take or refrain from taking any action whatsoever, and Client shall do all things required by ATP t/a CNPAY Global Company Limited, in order to procure or insure compliance with applicable laws.

Client shall promptly examine and verify all Account information identified in its Accounts, on this Site or otherwise and shall give ATP t/a CNPAY Global Company Limited notice of any inaccuracy, error or omission immediately after Client receives or is deemed to have received such Account information and, upon receipt of such notice, ATP t/a CNPAY Global Company Limited shall revise the Account information in accordance with the Client’s Instructions. All Account information shall be deemed to be accurate.

Client shall promptly notify ATP t/a CNPAY Global Company Limited from its designated email address of any changes in Account information provided after being opened and ATP t/a CNPAY Global Company Limited shall be entitled to assume that there has been no change until ATP t/a CNPAY Global Company Limited has received notice thereof.

6. Client Representations and Warranties

1. Client has the full capacity and authority to accept and agree to these Terms and Conditions and this Agreement, to open and maintain all Account(s) from time to time opened with ATP t/a CNPAY Global Company Limited, and to provide any Instructions that are necessary to open and maintain such Accounts.

2. All authorizations, consents, licenses or approvals required to accept and agree to these Terms and Conditions and this Agreement, to open and maintain all Accounts from time to time opened with ATP t/a CNPAY Global Company Limited, and to give ATP t/a CNPAY Global Company Limited any Instructions have been obtained and will be maintained in full force and effect.

3. Except for any security or encumbrance created in favor of ATP t/a CNPAY Global Company Limited, no person other than Client will have or acquire any beneficial or other interest in or security or other rights over any Account(s) or assets held by ATP t/a CNPAY Global Company Limited for Client, without the prior written consent of ATP t/a CNPAY Global Company Limited.

4. Client is acting as principal, not agent or representative.

5. Client will not be contravening any laws or regulations by seeking the services of ATP t/a CNPAY Global Company Limited or entering into a transaction in accordance with these terms.

6. The Signatory is authorized by the Client to act on behalf of the Client in accordance with these terms and conditions. In the event that the Signatory is no longer authorized to act on behalf of the Client, the Client will immediately notify ATP t/a CNPAY Global Company Limited and will nominate a new Signatory.

7. The Client will notify ATP t/a CNPAY Global Company Limited immediately in the event of a change in the beneficial ownership of the Client.

7. Fees and Other Expenses

The fees of ATP t/a CNPAY Global Company Limited are provided to you after application and tailored to reflect your company’s commercial profile.

ATP t/a CNPAY Global Company Limited offers these facilities on the basis of the representations made by you when you apply to open your Account. The fees and charges are calculated to reflect the commercial cost and risk to ATP t/a CNPAY Global Company Limited of the Account proposed by you and on the assumption that the Account runs smoothly and without undue fluctuations. If the Account requires attention by ATP t/a CNPAY Global Company Limited in excess of reasonable and normal maintenance, ATP t/a CNPAY Global Company Limited reserves the right to charge an Account Maintenance Adjustment Fee (AMAF).

An AMAF will be charged at the absolute discretion of ATP t/a CNPAY Global Company Limited but will not exceed the reasonable management, accounting, compliance and legal costs of the additional maintenance. The fees charged to the Account also reflect the commercial traffic predicted by you when you apply for the Account with ATP t/a CNPAY Global Company Limited. If the magnitude or volume of commercial traffic or Instructions vary from that represented on your application, ATP t/a CNPAY Global Company Limited reserves the right to apply an AMAF to reflect the fees and charges that would fairly be applied if the Account had operated as represented on your application.

Client shall indemnify ATP t/a CNPAY Global Company Limited from and against all loss in relation to acting on Instructions received from the Client and irrevocably authorizes
ATP t/a CNPAY Global Company Limited to debit any Account for all amounts chargeable to Client as a result of ATP t/a CNPAY Global Company Limited acting upon such Instruction.

8. Restrictions on Use

Client is authorized to view, copy and print the materials appearing on this Site, subject to the following:

1. The materials may be used for internal and non-commercial purposes only and Client may not copy, distribute, modify, transmit, reuse, repost or otherwise display the content on this Site for public or commercial purposes.

2. Client may not use this Site or any related Accounts or services for any purpose that is unlawful or prohibited by this Agreement or conduct any other activity that creates a liability for ATP t/a CNPAY Global Company Limited or otherwise may harm the goodwill of ATP t/a CNPAY Global Company Limited.

3. Client may not use any device, software or action, including but not limited to, bots, spiders, viruses, Trojan horses, worms or time bombs, designed to damage or otherwise interfere with the Site or to intercept or expropriate any system, data or personal information contained on this Site. Client will not use this Site or related services for chain letters, junk mail, or spamming.

4. ATP t/a CNPAY Global Company Limited reserves the right to reject hard copies of forms or material printed from this Site. ATP t/a CNPAY Global Company Limited agrees to be bound only by the provisions as they appear on this Site and will not be bound by any agreement that has been altered, modified, or amended.

5. ATP t/a CNPAY Global Company Limited may immediately terminate any or all of your rights to use this Site at any time for any reason or no reason whatsoever.

9. Anti-Money Laundering and Privacy Policy

Client acknowledges that Client has read the Anti-Money Laundering Policy and Privacy Policy and it will comply with all of the terms and conditions therein.

10. Restricted Activities

In connection with your use of our websites, your ATP t/a CNPAY Global Company Limited account, the ATP t/a CNPAY Global Company Limited services, or in the course of your interactions with ATP t/a CNPAY Global Company Limited, other ATP t/a CNPAY Global Company Limited customers, or third parties, you must not:

• Breach the terms and conditions, the ATP t/a CNPAY Global Company Limited Acceptable Industry Policy, the Commercial Entity Agreements (if they apply to you), or any other agreement between you and us;

• Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising);

• Infringe ATP t/a CNPAY Global Company Limited’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;

• Sell counterfeit goods;

• Act in a manner that is defamatory, trade libelous, threatening or harassing;

• Provide false, inaccurate or misleading information;

• Send or receive what we reasonably believe to be potentially fraudulent or unauthorised funds;

• Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;

• Control an account that is linked to another account that has engaged in any of these restricted activities;

• Conduct your business or use the ATP t/a CNPAY Global Company Limited services in a manner that results in or may result in;

• complaints;

• requests by payers (either filed with us or card issuers) to invalidate payments made to you;

• fees, fines, penalties or other liability or losses to ATP t/a CNPAY Global Company Limited, other ATP t/a CNPAY Global Company Limited customers, third parties or you;

Use your ATP t/a CNPAY Global Company Limited account or the ATP t/a CNPAY Global Company Limited services in a manner that ATP t/a CNPAY Global Company Limited, or any other electronic funds transfer network reasonably believes to be an abuse of the transfer system or a violation of card association or network rules;

Allow your ATP t/a CNPAY Global Company Limited account to have a balance reflecting an amount owing to us;

Take any action that imposes an unreasonable or disproportionately large load on our websites, software, systems (including any networks and servers used to provide any of the ATP t/a CNPAY Global Company Limited services) operated by us or on our behalf or the ATP t/a CNPAY Global Company Limited services;

Facilitate any viruses, trojan horses, malware, worms or other computer programming routines that attempts to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorised access to any system, data, information or ATP t/a CNPAY Global Company Limited services;

Use an anonymising proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our websites without our prior written permission; or use any device, software or routine to bypass our robot exclusion headers;

Interfere or disrupt or attempt to interfere with or disrupt our websites, software, systems (including any networks and servers used to provide any of the ATP t/a CNPAY Global Company Limited services) operated by us or on our behalf, any of the ATP t/a CNPAY Global Company Limited services or other users’ use of any of the ATP t/a CNPAY Global Company Limited services;

Take any action that may cause us to lose any of the services from our Banking service providers, payment processors, or other suppliers or service providers;

Circumvent any ATP t/a CNPAY Global Company Limited policy or determinations about your ATP t/a CNPAY Global Company Limited account such as temporary or indefinite suspensions or other account holds, limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to open new or additional ATP t/a CNPAY Global Company Limited account(s) when an account has a negative balance or has been restricted, suspended or otherwise limited; opening new or additional ATP t/a CNPAY Global Company Limited accounts using information that is not your own (e.g. name, address, email address, etc.); or using someone else’s ATP t/a CNPAY Global Company Limited account; or

Harass and/or threaten our employees, agents, or other users.

Cause us to receive a disproportionate number of claims that have been closed in favour of the claimant regarding your ATP t/a CNPAY Global Company Limited account or business;

Disclose or distribute another user’s information to a third party, or use such information for marketing purposes unless you receive the user’s express consent to do so;

Send unsolicited email to a user or use the ATP t/a CNPAY Global Company Limited services to collect payments for sending, or assisting in sending, unsolicited email to third parties;

Copy, reproduce, communicate to any third party, alter, modify, create derivative works, publicly display or frame any content from the ATP t/a CNPAY Global Company Limited website(s) without our or any applicable third party’s written consent;

Reveal your account password(s) to anyone else, nor may you use anyone else’s password. We are not responsible for losses incurred by you including, without limitation, the use of your account by any person other than you, arising as the result of misuse of passwords;

Do, or omit to do, or attempt to do or omit to do, any other act or thing which may interfere with the proper operation of the ATP t/a CNPAY Global Company Limited service or activities carried out as part of ATP t/a CNPAY Global Company Limited services or otherwise than in accordance with the terms of this user agreement;

Allow your use of the ATP t/a CNPAY Global Company Limited service to present to ATP t/a CNPAY Global Company Limited a risk of non-compliance with ATP t/a CNPAY Global Company Limited’s anti-money laundering, counter terrorist financing and similar regulatory obligations (including, without limitation, where we cannot verify your identity or you fail to complete the steps to lift your sending, receiving or withdrawal limit or where you expose ATP t/a CNPAY Global Company Limited to the risk of any regulatory fines by European, US or other authorities for processing your transactions);

Integrate or use any of the ATP t/a CNPAY Global Company Limited services without fully complying with all mandatory requirements communicated to you by way of any integration or programmers’ guide or other documentation issued by ATP t/a CNPAY Global Company Limited from time to time;

Suffer (or cause us to determine that there is a reasonable likelihood of) a security breach of your website or systems that could result in the unauthorised disclosure of customer information.

You agree that engaging in the above restricted activities diminishes your or our other customers’ safe access and/or use of your account and our services generally.

Actions We May Take if You Engage in Any Restricted Activities

If we believe that you’ve engaged in any of these activities, we may take a number of actions to protect ATP t/a CNPAY Global Company Limited, its customers and others at any time in our sole discretion. The actions we make take include, but are not limited to, the following:

• Terminate this user agreement, limit your account, and/or close or suspend your account, immediately and without penalty to us;

• Refuse to provide the ATP t/a CNPAY Global Company Limited services to you in the future;

• At any time and without liability, suspend, limit or terminate your access to our websites, software, systems (including any networks and servers used to provide any of the ATP t/a CNPAY Global Company Limited services) operated by us or on our behalf, your ATP t/a CNPAY Global Company Limited account or any of the ATP t/a CNPAY Global Company Limited services, including limiting your ability to pay or send money with any of the payment methods linked to your ATP t/a CNPAY Global Company Limited account, restricting your ability to send money or make withdrawals for a set period of 180 days;

• Hold your money to the extent and for so long as reasonably needed to protect against the risk of liability. You acknowledge that, as a non-exhaustive guide:

• ATP t/a CNPAY Global Company Limited’s risk of liability in respect of card-funded payments that you receive can last until the risk of a chargeback closing in favour of the payer/buyer (as determined by card scheme rules) has passed. This depends on certain factors, including, without limitation:

1. The type of goods or services for which you receive payment; or

2. The timeframe for delivery of the goods or performance of the services for which you receive payment (e.g. sales of event tickets months in advance of the event date can present a higher and more enduring risk of chargebacks than sales of most other items or services);

ATP t/a CNPAY Global Company Limited’s risk of liability in respect of a claim or dispute arising from a payment that you receive can last for the time that it takes for the parties to close the claim or dispute and all appeals associated with that claim or dispute;

ATP t/a CNPAY Global Company Limited’s risk of liability in respect of any event of insolvency that you suffer can last for as long as and to the extent that laws applicable to your insolvency restrict ATP t/a CNPAY Global Company Limited from taking legal action against you; and

If you allow your ATP t/a CNPAY Global Company Limited account to have a balance reflecting an amount owing to ATP t/a CNPAY Global Company Limited, ATP t/a CNPAY Global Company Limited’s risk of liability can last for the time and to the extent that you owe that amount to ATP t/a CNPAY Global Company Limited.

• Block your ATP t/a CNPAY Global Company Limited account and/or hold any funds in the reserve account (including, without limitation, for more than 180 days if so required byATP t/a CNPAY Global Company Limited, where ATP t/a CNPAY Global Company Limited’s rights arise from your engagement in the restricted activity);

• Refuse any particular payment transaction at any time for any reason and will only be required to make available the fact of the refusal and the reasons for the refusal and how you may resolve the problem, where possible, upon request and provided it is not prohibited by law;

• Reverse a payment (including, if appropriate, to the sender’s funding source);

• Take legal action against you.

• Contact third parties and disclose details of the restricted activities

• Request or update inaccurate information you provided us;

• Request information or documents from you in order to verify your identity and/or with regard to the goods or services you provided based on a transaction;

• If you’ve violated our terms and conditions, then you’re also responsible for damages to ATP t/a CNPAY Global Company Limited caused by your violation of this policy,

Please also see the section below on Your liability.

Unless otherwise directed by us, you must not use or attempt to use your account while it is suspended or has been closed. You must ensure that all agreements with sellers or other third parties that involve third party initiated payments (including billing agreement payments) set up from your account are cancelled immediately upon the termination, suspension or closure of your account. You remain liable under this user agreement in respect of all charges and other amounts incurred through the use of your account at any time, irrespective of termination, suspension or closure.

Holds, Limitations, and Reserves
What are holds, limitations and reserves?

Under certain circumstances, in order to protect ATP t/a CNPAY Global Company Limited and the security and integrity of the network of customers that use the ATP t/a CNPAY Global Company Limited services, ATP t/a CNPAY Global Company Limited may take account-level or transaction-level actions. If we take any of the actions described here, we will normally notify you of our actions, but we may, if it is reasonable to do so (for example if you are in breach of these terms and conditions or we consider it advisable for security reasons), take any of these actions without prior notice to you.

Holds

A hold is an action that ATP t/a CNPAY Global Company Limited may take under certain circumstances either at the transaction level or the account level. When ATP t/a CNPAY Global Company Limited places a hold on a payment amount, the money is not available to either the sender or the recipient. ATP t/a CNPAY Global Company Limited reviews many factors before placing a hold on a payment, including: account tenure, transaction activity, business type, past customer disputes, and overall customer satisfaction. Some common situations where ATP t/a CNPAY Global Company Limited will hold payments include where we have reason to believe that:

• Transactions are higher risk, this can be where the transaction involves the sale of goods or services in a high risk category, or other facts known to us typically resulting in other claims or disputes or to be often involved in fraud or illegal activity;

• Any ATP t/a CNPAY Global Company Limited account is being used in relation to restricted activities;

• A ATP t/a CNPAY Global Company Limited account involved in the transaction may have been compromised, or that stolen financial details (bank or credit card) are used for the payment, or otherwise a transaction has not been properly authorised;

• A user is trying to send or withdraw funds they received fraudulently;

• A user has not provided sufficient Information to us to enable us to verify their identity or the identity of their business and/or the user has a limited trading history with ATP t/a CNPAY Global Company Limited;

• A payment sent to you as a seller or service provider is challenged as a payment that should be invalidated and reversed.

• There is a risk of reversal of funds in your account to your funding source.

• There is a risk of liability (a non-exhaustive list of examples of such risk is set out in the section Actions We May Take If You Engage In Any Restricted Activities above).

Payment review

When we identify a potentially high-risk transaction, we review the transaction more closely before allowing it to proceed. This may be because we have the reasonable suspicion that the payer’s ATP t/a CNPAY Global Company Limited account is being used in relation to restricted activities or for other reasons as determined by us in our reasonable discretion. This may include where there is a risk of liability (a non-exhaustive list of examples of such risk is set out in the section Actions We May Take If You Engage In Any Restricted Activities above).

If a payment is subject to payment review, we may:

• execute the payment order initiated by the sender;

• in our discretion, immediately upon such execution restrict the payer’s account;

• place a hold on the payment in the payer’s account; and/or

• notify the recipient to delay the delivery of the purchase paid for by the payment.

A payment subject to payment review is a review of the payment only and is implemented to reduce the risk of ATP t/a CNPAY Global Company Limited users receiving high risk transactions. A payment subject to payment review is neither a review nor a representation by ATP t/a CNPAY Global Company Limited as to the commercial dealings, character or reputation of a party to the payment transaction and should not be considered as a lessening of the respect of any person.

11. Disclaimer of Warranties

ATP t/a CNPAY Global Company Limited MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE OR ITS CONTENT OR ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. ATP t/a CNPAY Global Company Limited EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE AND ITS CONTENT OR ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. CJ BANKING LIMITED DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR ATP t/a CNPAY Global Company Limited’ PRODUCTS OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR ATP t/a CNPAY Global Company Limited’ PRODUCTS OR SERVICES WILL BE CORRECTED. TRADE & TRUST DOES NOT WARRANT THE ACCURACY OR
COMPLETENESS OF THE SITE, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE AND ATP t/a CNPAY Global Company Limited’ PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

12. Indemnity

Client shall indemnify, defend and hold harmless ATP t/a CNPAY Global Company Limited, its parent companies, subsidiaries, affiliates, joint ventures, business partners, licensors, officers, members, directors, employees, consultants, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable lawyers’ fees, resulting from or arising out of Client’s use, misuse, or inability to use the Site, Accounts, or any of our related products or services, or any violation by Client of this Agreement.

ATP t/a CNPAY Global Company Limited reserves the right, to participate in the defense or settlement process of any claim arising pursuant to this paragraph. ATP t/a CNPAY Global Company Limited further reserves the right to report any wrongdoing that we become aware of to any government agency.

13. Links

This Site may contain links to other web sites which are not under the control of ATP t/a CNPAY Global Company Limited. These links are provided only for Client’s convenience and ATP t/a CNPAY Global Company Limited is not responsible for the contents or transmission of any web site to which a link is provided. ATP t/a CNPAY Global Company Limited does not endorse any such web sites and does not make any representation that they are error or virus free. The disclaimer of warranties above also applies to any linked web site.

14. Intellectual Property Rights

The copyrights, trademarks, service marks, other intellectual property, and content on this Site are the property of ATP t/a CNPAY Global Company Limited and may not be used without permission from the ATP t/a CNPAY Global Company Limited. Client shall not reproduce, reverse engineer, disassemble, modify or create derivative works from this Site.

15. Waiver

The waiver by ATP t/a CNPAY Global Company Limited of a breach of any portion of this Agreement by Client shall not operate or be construed as a waiver of any subsequent breach.

16. Other conditions applying to communications between Us

E-mails will be treated as arriving immediately upon sending by us.

If you change your name, address, e-mail address or other contact details, you must inform us through your online Account straight away. You should make sure that you can receive e-mail from us at the designated e-mail address that you have notified to us.

When we receive returned e-mails, or do not get a response to our emails, we will attempt to contact you by telephone to verify your details. We reserve the right to not send further communications to the old e-mail address. In the event that we are unable to contact you by telephone, we will suspend your Account until we hear from you.

We may keep any e-mails sent to or from us. We do this to keep a record of communications and also to help train our staff. We do not accept Instructions by email or phone.

17. Complaints

If you have a complaint about your Account or the service We provide or you would like details of our complaints procedures, please email Us

We have internal procedures for handling complaints fairly and promptly. A copy of this complaints procedure is available upon request and will be sent to you should you lodge a complaint.

We will investigate your complaint in accordance with the Cyprus requirements and our complaints procedures. Upon resolution of your complaint, we will send you a final response letter, which sets out the nature of that resolution. If you are dissatisfied with our final response and provided you are classified as an eligible complainant under the Central Bank of Cyprus, you will be entitled to refer your complaint to them.

18. Our obligations under the Payment Services Regulations

In accordance with our obligations under the EMI Regulations, ATP t/a CNPAY Global Company Limited must inform you of certain important rights pertaining to you. Money transfers are governed by the Regulations where the destination of the funds and the recipient of those funds are located with the EEA and where the funds are in a currency of an EEA state.

19. How We use your Personal Data

Like other financial organizations, we are legally obliged to collect, verify and record information confirming client identity and to report details of suspicious transactions

20. Data Protection

Our main use of your personal information is to look after your Account or to provide the specific service you require. We may use your details to inform you by telephone or e-mail about any special offers, products or services offered by us and selected third parties, unless you ask us not to do so. If you do not wish to hear about these, please call us or let us know by any means available to you. You agree that we have your permission to contact you on any telephone number or e-mail address that you have provided.

Unless you have given us your consent, we will not provide information about you to companies outside ATP t/a CNPAY Global Company Limited to use for their marketing purposes. We disclose personal information only with your consent, or if we are required to do so by law. Sometimes we need to give information to our agents and subcontractors so that they can provide a particular service. Sometimes, these companies may be located abroad in countries that do not have data protection laws. In these circumstances, we always take great care to ensure that your personal information is kept safe and secure.

21. Rules applying to Security

i) You must provide us with identity details before we allow you to open an Account.

You will log into your online Account using your username and password that you have set online. In order to authorize a transaction, you must use your code also set by you during the Account opening process. You can change your password online by following the Instructions on the screen. For administration or security reasons, we can require you to change your password at any time.

If you think that someone else knows your password or any of your additional security details or has used any of them to use our online service, you must do the following:

(a) You must contact us as soon as possible

(b) Change your password online as soon as possible. If you have difficulty changing your password, you must inform us immediately via e-mail. We will reset the password online, and you will receive an email with a link so that you may enter a new password. We do not have access to your password or authorization code.

ii) We may suspend your Account if we believe that:

(a) your identity details are being used by someone else or we are otherwise concerned about the security of your Account;

(b) We suspect your Account is being used in breach of these conditions in an unauthorized or fraudulent manner;

(c) you are not keeping to these conditions or the conditions of any of your Accounts.

Where we suspend your Account under this condition we will, if practical, notify you immediately before, or where we cannot notify you immediately before, after suspending your Account and inform you of our reasons for doing so unless it is unlawful for us to do so or it would compromise our reasonable security measures.

22. Miscellaneous

You may not, without our prior written consent, assign or transfer, all or any of your rights or obligations under these terms.

It is agreed that these conditions are governed by the laws of Cyprus and that any dispute will be dealt with by the Cypriot courts.

You are responsible for ensuring that all information supplied by you at all times is accurate and up to date. Any changes must be notified by you to us in writing. ATP t/a CNPAY Global Company Limited reserves the right to process foreign exchange transactions with the best interests of all parties involved.

Force Majeure: If We are unable to perform any of our obligations under these terms in regard to any Instruction because of factors beyond our control such as, but not limited to, acts of God; fire, flood, earthquake, wind, storm or other natural disaster; war, threat of war, armed conflict, sanctions, terrorist attack; chemical or biological contamination; changes in law in any relevant jurisdiction; explosion or accidental damage, collapse of buildings or structures; failure of computers; labor disputes; non-performance by third parties; interruption or failure of utility services, We shall not be in breach of this agreement or any Instruction and shall not be liable for any failure or delay in the performance of its obligations.

The provisions of these terms are severable and the invalidity or unenforceability of any provision herein shall not affect the validity or enforceability of any other part of these terms.