General Terms and Conditions of the C2C Loan Services Agreement
- Terms & Conditions
The General Terms and Conditions of the C2C Loan Services Agreement (hereinafter referred to as "this Agreement") are offered by the Lender on the Platform of HTX (“the Platform”), on the basis of which the Borrower is matched with the Lender. The Borrower and the Lender then, on the basis of the principles of free will, equality and fairness, agree on the General Terms and Conditions after reaching a consensus thereon on the basis of proper consultations by and between themselves.
Article I General Provisions
1. This Agreement is concluded on the basis of relevant rules of the Platform. If any of such rules of the Platform is modified, altered or terminated, the corresponding terms or conditions of this Agreement will be automatically modified, altered or terminated accordingly, so as to keep them consistent with such rules of the Platform.
2. This Agreement is signed by and between the two parties hereto through the Platform in the form of an electronic agreement, and shall become effective upon clicking by both parties hereto on the "Agree" button on the Platform.
3. As general terms and conditions, this Agreement, upon being duly signed, shall be permanently valid for both the Lender and the Borrower, and shall be applicable to any digital asset lending or borrowing by either party hereto.
Article II Lender’s Warranties
1. The Lender is a natural person or legal entity with full capacity for civil conducts, and has the right and authority to enter into this Agreement, exercise its rights and perform its obligations under this Agreement;
2.The signing and performance of this Agreement by the Borrower are the true expression of the Borrower's intention, and all its obligations under this Agreement are legal, valid and enforceable;
3. The Lender’s signing or performance of this Agreement does not violate any of the contracts between the Lender and a third party, or any of the relevant laws and regulations, or any approval, authorization, consent or permission by any competent authority or any court ruling or order, or otherwise conflict with any of the foregoing;
4. The Lender enjoys complete, legal and effective ownership of the Loaned Digital Assets hereunder; such Loaned Digital Assets are free of any dispute over the ownership thereof, or any pledge or any other security in the benefit of any third party, or any trust or restrictive conditions of use or other encumbrances, nor are they frozen, seized or supervised by a third party, or entitled to any exemption from litigation, enforcement, coercive measures or any other legal procedure.
Article III Borrower’s Warranties
1. The Borrower is a natural person or legal entity with full capacity for civil conducts, and has the right to enter into this Agreement and exercise and fulfill its rights and obligations under this Agreement;
2.The signing and performance of this Agreement by the Borrower is the true expression of the Borrower's own intention, and all its obligations under this Agreement are legal, valid and enforceable;
3. The Borrower's signing or performance of this Agreement does not violate any of the contracts between the Borrower and a third party, or any of the relevant laws and regulations, or any approval, authorization, consent or permission by any competent authority or any court ruling or order, or otherwise conflict with any of the foregoing;
4. The Borrower has complied with and fulfilled all relevant obligations under the laws applicable to it, and has complied with all authorizations and licenses applicable to it, is free of any violation of relevant laws, regulations or rules which may result in any serious adverse impact on the legality, effectiveness, performance and enforceability of this Agreement;
5. The Borrower warrants that it will use the Loaned Digital Assets in accordance with the agreed purposes thereof, and may not change such purposes without due authorization, or use the Loaned Digital Assets for any project prohibited by any of the applicable laws, regulations, regulatory requirements, or state policies.
6. The Borrower warrants that it will pay the [Digital Assets loan interest] on the Loaned Digital Assets, as well as applicable fees, and will repay the Loaned Digital Assets in full and on time in accordance with this Agreement.
Article IV Delivery of Loaned Digital Assets
1.The prerequisites for the delivery of the Loaned Digital Assets from the Lender to the Borrower: the two parties hereto have confirmed that they agree to the terms and conditions of this Agreement.
2.Delivery Method of the Loaned Digital Assets hereunder: The Platform assists the transfer to complete the delivery.
Article V Repayment of Loaned Digital Assets
1. Unless otherwise expressly agreed, the Borrower shall repay all Loaned Digital Assets and the agreed [Digital Assets loan interest] to the Lender prior to the expiry of the Loan Term in accordance with the terms.
2. Prior to the expiration of the Loan Term, the Lender may not require the Borrower to repay in advance, provided, however, the Borrower may apply for advance repayment of some or all of the Loaned Digital Assets through arrangements by the Platform, and the loan interest on the digital assets underlying such early repayment shall be settled in accordance with relevant provisions in the Digital Assets Loan rules.
Article VI Special Covenants
1. During the Loan Term hereunder, any added value or income that is generated by the digital assets under this Agreement and is not attributable to the Borrower's conducts, including but not limited to the added value or income that are obtainable through rewards, airdrops, etc. shall belong to the Lender;
2. In the event of any dispute between the two parties hereto in connection with the signing, performance, cancellation or termination of this Agreement, both parties hereto shall irrevocably authorize the Platform to provide the personal information of one party hereto upon request by the other party hereto. Such personal information includes its registered UID on the Platform, name, ID card number, mobile phone number, e-mail address and other personal information necessary for resolving such disputes.
3. Either party hereto shall be subject to a confidentiality obligation to the other party hereto for the content of this Agreement and related agreements, as well as the information of the latter that the former may come into due to the signing, alteration, performance, termination or rescission of the aforementioned documents; the recipient of such information may not provide or disclose such confidential information to the media, the public or any other third party, whether directly or otherwise, in the absence of proper authorization, and without written approval of the other party, unless disclosure of such information is required by any legal proceeding or regulatory requirement.
Article VII Assignment of Creditor's Rights and Debts
Without the prior written consent of the other party, neither party hereto may transfer its rights and obligations under this Agreement to a third party.
Article VIII Liability for Breach of Agreement
1. Where either party hereto violates this Agreement or any of the relevant covenants, such party shall be deemed as in breach of agreement.
2.If either party breaches this Agreement and thereby causes any loss to the other party hereto, the former shall pay damages to the other party as is agreed; where such damages are not sufficient to cover all the direct economic losses of the other party, the difference shall be made up; in the case of any breach to which such breach of agreement provisions do not apply, the party in breach shall be responsible for indemnifying the other party against any and all direct economic losses that the other party may sustain from such breach of agreement.
The above-mentioned direct economic losses include any reduction in the existing assets, as well as the attorneys' fees, litigation/arbitration fees, judicial assessment fees, and reasonable travel expenses incurred in seeking remedy.
Article IX Application of Law and Dispute Resolution
1.This Agreement shall be governed by and interpreted in accordance with the law of Seychelles, excluding its rules on conflict of laws.
2. All disputes arising from the conclusion, interpretation and performance of this Agreement shall be settled by friendly negotiation after the dispute occurs. If the negotiation fails, the two parties agree to submit to the Singapore International Arbitration Center for arbitration in accordance with the arbitration rules in force at the time of the application. The outcome of the arbitration is final and binding on both parties to the dispute.
1.This Agreement constitutes the entire agreement between the two parties hereto and supersedes all previous discussions, negotiations, agreements, oral agreements or other arrangements on the matters covered by this Agreement.
2. Failure by either party hereto to exercise or timely exercise any of their rights or privileges under this Agreement shall not be deemed as a waiver of such right or privilege; separate or partial exercise of any of such rights or privilege by either party hereto shall not prevent such party from exercising any right or privilege in the future.
3.Terms and conditions under this Agreement are severable. If any term or condition of this Contract is deemed as illegal, invalid or unenforceable for any reason, the effect or validity of the other terms and conditions shall not be affected; in this case, both parties hereto shall agree on a replacement term or condition through friendly consultations.