OGBC GENERAL TERMS AND CONDITIONS

 

Last Updated: 23 April 2025

 

OGBC GENERAL TERMS AND CONDITIONS

 

1 General Terms

• 1.1   General

  • These terms and conditions (this “Agreement”, along with our fees policy, privacy policy and any other applicable terms and conditions as shown on our website: [https://www.ogbc.com//) are important as they collectively form a legally binding agreement between you, the holder of OGBC Account (the “Client”), and us, (“OGBC” or “We”), for the use of OGBC Services. It also sets out other important things that you need to know. The Client acknowledges and agrees that by clicking on the "Agree" button below, it is indicating its intent to sign these terms and conditions and that it shall constitute its execution of the agreement between the Client and OGBC.

  1.2  Definitions

  • 1.2.1“Access Information” shall mean information that alone or together with other information, can provide access to any portion of the Client’s OGBC Account, including but not limited to the account number, login names, passwords, security questions and their respective answers, and any other similar information.nd OGBC.

  • 1.2.2“Account Administrator” shall mean the individual appointed by the Client to carry out certain activities on behalf of the Client.

  • 1.2.3“AML Laws” shall mean any anti-money laundering, anti-terrorist or economic sanction legislation, regulation or guideline (as amended from time to time) (including, without limitation, the Bank Secrecy Act and the USA PATRIOT Act of the USA, and the European anti-money laundering directives).

  • 1.2.4“Business Day(s)” shall mean any day, other than a Saturday, Sunday or any public holidays, on which banks are ordinarily open for business in Hong Kong and USA.

  • 1.2.5“Dashboard” shall mean the visualized interface providing the essential information of the OGBC Account, Multi-Currency Account, and OGBC Card Account of the Client as shown on OGBC’s website.

  • 1.2.6“Fees” shall mean the charges payable by the Client to OGBC for using the OGBC Services. The rate of Fees shall be adjusted by OGBC from time to time.

  • 1.2.7“Forbidden Activities” shall mean any transaction related to activities as listed in Schedule I to this Agreement.

  • 1.2.8“Fund(s)” shall mean certain amount of money paid out from or received by Multi-Currency Account and/or OGBC Card Account (when applicable) on behalf of the Client by OGBC or Service Provider during the provision of OGBC Services.

  • 1.2.9“Inbound Payment” shall mean the payment made by Payer(s) into the Client’s Multi-Currency Account.

  • 1.2.10“Outbound Payment Order” shall mean the order of payment from Multi-Currency Account to other accounts designated by the Client given by the Client to OGBC under Section 3.2.

  • 1.2.11“Payee” shall mean the Person designated by the Client to receive payment under a Payment Order. The Payee may be the Client itself (with other bank account under the Client’s own name) or third-party beneficiaries with whom the Client has a business relationship.

  • 1.2.12“Payer” shall mean the Person making payments to the Multi-Currency Account of the Client under certain business relationship with the Client (such as purchasing the goods or services).

  • 1.2.13“Person” shall mean any individual, sole proprietorship, partnership, limited partnership, limited liability company, firm, joint venture, estate, trust, unincorporated organization, association, corporation, institution, public benefit corporation, entity or governmental or regulatory authority or other enterprise or entity of any kind or nature.

  • 1.2.14“OGBC Service Credentials” shall mean the payment account credentials (bank account number, routing number, IBAN, etc.) provided for the purpose of using OGBC Services.

  • 1.2.15“Sanction Laws” shall mean laws and executive orders of the PRC, USA, the United Nations, the European Union, or the United Kingdom imposing economic or financial sanctions or trade embargoes, and regulations implementing such laws and executive orders.

  • 1.2.16“Service Provider” shall mean certain third-party services providers from time to time used by OGBC in the course of provision of the OGBC Services including, without limitation, banks, payment service providers, crypto trading, crypto financing, clearing networks and other third party payment processing services.

  • 1.2.17“USA” shall mean the United States of America.

  1.3  Contracting Entity

  • The contracting entity for this Agreement is ScalingX IT Consulting Limited , a limited liability company with its registered office in Hong Kong,. Certain services which require special permission or license (the “Licensable Services”) will be provided by our affiliated Service Providers (including without limitation, Blockscape (Hong Kong) Limited, a limited liability company with its registered office in Hong Kong, Bytechip, LLC, a limited liability company with its registered office in the USA, and Qbit Financial Service, a limited liability company with its registered office in Lithuania, and certain third-party Service Providers who has lawful license to do so. When the Client receives any Licensable Services provided by Service Provider through OGBC, OGBC acts as the gateway of information between the Client and Service Provider. When required by applicable laws, the Client shall be deemed to have entered into certain contract with such Service Provider.

• 2. Your Account

  • 2.1 The OGBC Account allows the Client to use a series of services including the portal of our website, the Dashboard, the Multi-Currency Account, Crypto Wallet, Crypto Finance, and the OGBC Card Account (the “OGBC Services”), among which the Multi-Currency Account, Crypto Wallet, and Crypto Finance functions shall be automatically activated after the registration is completed and the OGBC Card Account shall be activated upon further application by the Client.

  • 2.2 The OGBC Services do not offer any feature or benefit of a bank account. We are neither bank nor credit institution, and we are not permitted to pay interest to any Client on fund held on the OGBC Account, Multi-Currency Account, and/or OGBC Card Account.

  • 2.3 The Client agrees not to conduct any direct communication with any bank that is involved in provision of the OGBC Services unless such communication is approved by us in writing. Any direct contact with a bank or other Payment Provider regarding the OGBC Services may result in immediate termination of the use of the OGBC Services.

  • 2.4 Eligibility

    • 2.4.1 The Client must be a business firm (including, without limitation, limited liability company, cooperation, partnership, limited partnership, or other legal entities) in order to use OGBC Services. The Client shall use OGBC Services solely for business purposes. We reserve the right to (i) require proof of business relationship with the Client and the Payee or Payer (such as invoices, purchase agreements, or waybills, etc.) (ii) refuse any use by individual user or for personal purposes. For the purposes of trial run, OGBC may allow registration by individual users for a limited time period and with limited service functions.

    • 2.4.2 The Client may not register a OGBC Account or use the our services if it is a resident of any jurisdiction in which (i) OGBC or the Service Provider is not authorized to provide the OGBC Services, (ii) any jurisdiction which is sanctioned under Sanction Laws, (iii) where the use of the OGBC Services would be illegal or otherwise violate any applicable law of such jurisdiction or of the PRC or the United States (the “Restricted Jurisdiction”). The Client hereby represents and warrants that it is not a resident of any Restricted Jurisdiction and that it will not register a OGBC Account or use OGBC Services even if our methods to prevent the Client from registering an account or using OGBC Services are not effective or can be bypassed. We may implement controls to restrict access to the OGBC Services from any Restricted Jurisdiction.

  • 2.5 Registration

    • By clicking “Agree” at the bottom of this Agreement, the Client represents and warrants to us that:

    • 2.5.1  The Client is duly organized, validly existing and in good standing under the Laws of the jurisdiction of its formation.

    • 2.5.2  The Client has all requisite power, authority and capacity to enter into this Agreement, and to perform its obligations hereunder. This Agreement will constitute valid and legally binding obligations of the Client, subject, as to enforcement of remedies, to applicable bankruptcy, insolvency, moratorium, reorganization and similar Laws affecting creditors’ rights generally and to general equitable principles.

    • 2.5.3  The Client registers and uses OGBC Services solely for business for its own account not as a nominee or agent.

    • 2.5.4  The Client’s registration and use of OGBC Services is not in violation of any applicable statute, rule, regulation, order or restriction of any domestic or foreign government or any instrumentality or agency thereof in respect of the conduct of its business or the ownership of its properties in any material respect.

    • 2.5.5  The Client has fully provided OGBC with all the information that OGBC has reasonably requested during the registration process and usage of OGBC Services. No representation or warranty by the Client in this Agreement and no information or materials provided by the Client to OGBC in connection with the performance of this Agreement contains or will contain any untrue statement of a material fact or omits or will omit to state any material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances in which they are made, not misleading.

  • 2.6 KYC requirements

    • The registration process requires the Client to provide us with the certifications and documents including without limitation the Certificate of Incorporation, Business License, Register of directors, personal IDs, etc., (subject to the requirements shown at OGBC website during the registration procedure).

  • 2.7 AML Requirements

    • OGBC retains the right not to act and shall not be liable for refusing to act if, due to a lack of information or for any other reason whatsoever, we, in our sole judgment, acting reasonably, determine that such act might cause it to be in noncompliance with any applicable AML Laws. Further, should we, in our sole judgment, acting reasonably, determine at any time that its acting under this Agreement or during the use of OGBC Services by the Client has resulted in its being in non-compliance with any applicable anti-money laundering, anti-terrorist or economic sanction legislation, regulation or guideline, then we shall have the right to cancel the Client’s OGBC Account upon written notice. For the purposes of compliance of the AML Laws, we may not accept Client with registered address or main business address in certain high-risk countries according to AML Laws.

  • 2.8 Authorization

    • By registration, the Client irrevocably authorizes OGBC to provide the information of the Client to Service Providers to the extent OGBC decides, on its sole discretion, necessary.

  • 2.9 Right to Reject Registration

    • OGBC may reject or cancel any ineligible registration application due to compliance reasons.

  • 2.10 Account Administrator

    • The Client may authorize one (1) individual as the Account Administrator. The Account Administrator shall be aged eighteen (18) or over and duly authorized by all necessary and appropriate action to execute this Agreement on behalf of such party and does so with full legal authority. The Account Administrator must be either the legal representative or financial manager of the Client as shown in written registration information. OGBC will treat all instructions and actions by the Account Administrator acting within the limits of authority as if the Client had given that instruction or carried out that action itself. The Account Administrator shall (i) have access to the OGBC Account, the Dashboard, Multi-currency Account, and OGBC Card Account; (ii) make payments into or out of the Multi-currency Account and OGBC Card Account; and (iii) apply for, cancel, setup and adjust limits, and administrate otherwise the OGBC Cards according to the OGBC Card Agreement (when applicable). The Account Administrator may appoint multiple Sub-Administrators. The Sub-Administrators shall have the same or part of the functions as the Account Administrator.

  • 2.10 Account Security

    • 2.11.1  The Client acknowledges and agrees that it shall be solely responsible for (i) maintaining the confidentiality and security of the Access Information of the OGBC Account, and (ii) all activities that occur in connection with the OGBC Account, whether initiated by the Client, by others on the Client’s behalf or by any other means.

    • 2.11.2  The Client will notify OGBC immediately of any unauthorized use of the OGBC Account, Access Information or any other actual or potential breach of security.

    • 2.11.3  The Client acknowledges and agrees that OGBC will not be liable for any loss that the Client may incur as a result of any party using the Access Information, either with or without the Client’s knowledge and/or authorization.

    • 2.11.4  The Client shall at all time keep the Access Information in a secure location, take precautions to prevent others from accessing it and change it when necessary to maintain its confidentiality and security.

• 3. Multi-Currency Account.

  • 3.1 The Multi-Currency Account enables the Client to receive Funds in U.S. Dollars, Euros, Hong Kong Dollars. OGBC may, at any time at its sole discretion, enable or disable any currencies.

  • 3.2 The nature of the Multi-Currency Account is a series of virtual accounts under as same name as the Client associated with bank account(s) held with certain Service Provider(s) designated by OGBC. The Client may hold funds in different currencies at the same time. The fund held on the Multi-Currency Account bears no interest.

  • 3.3 Inbound Payment

    • 3.3.1 The Client acknowledges and confirms that the Multi-Currency Account shall not be deemed as a bank account and the Client is not permitted to carry out any activity that falls outside of the scope of the OGBC Services as provided under this Agreement.

    • 3.3.2 In order to receive payment to the Multi-Currency Account, the Client shall apply for certain OGBC Service Credentials. Upon applying for OGBC Service Credentials, the Client will be provided with the information it needs to receive Funds through OGBC Services.

    • 3.3.3 The Client shall provide the OGBC Service Credentials to the Payers strictly in accordance with the contents and format as provided by OGBC.

    • 3.3.4 OGBC may conduct compliance check upon inbound payments and reserve the right to request further documents or deny any Payments, in its sole discretion, for risk control and regulatory compliance purposes (including without limitation, the AML Laws and Sanction Laws). Any costs and expenses associated with rejected payments shall be borne by the Client, as applicable.

    • 3.3.5 OGBC shall only accept or send Funds via wire transfer networks or other method acceptable to OGBC. OGBC Services do not support cash, credit card payments or checks for Inbound Payment and Outbound Payment.

    • 3.3.6 The Client acknowledges and confirms that the time required for payments to reach the Multi-Currency Account shall in no event be under our control. As an illustration only but not otherwise, payments shall typically arrive at the Multi-Currency Account within one (1) to three (3) Business Days from the date of remittance but there is no guarantee. The Client shall directly resolve any issues or disputes associated with any Payer if any Inbound Payment is not correctly received. OGBC shall in no event be under any obligation to resolve issues or disputes between the Client and the Payer.

  • 3.4 Outbound Payment Order

    • 3.4.1 The Client may create Payees in advance of Outbound Payment Orders by providing OGBC with full name and bank account details of the Payee (including, without limitation, name and address of the bank, account number, SWIFT Code, etc.). OGBC may conduct background check on the potential Payees’ information provided by the Client and reserve the right to deny any Payee, in its sole discretion, for risk control and regulatory compliance purposes (including without limitation, the AML Laws and Sanction Laws). After Payees are approved by OGBC, the Client may make Outbound Payment Order to such Payee.

    • 3.4.2 By placing an Outbound Payment Order, the Client may instruct OGBC to make payment out of the balance of the Multi-Currency Account held by the Client to the Payee designated by the Client.

    • 3.4.3 When placing the Outbound Payment Order to a designated Payee, the Client shall provide OGBC with certain information including, without limitation:

      • 3.4.3.1 amount and currency in which the payment to be made;

      • 3.4.3.2 an invoice reference that the Payee can identify the payment (only applies to third party beneficiaries);

      • 3.4.3.3 a copy of the invoice, when OGBC deems necessary (only applies to third party beneficiaries).

      • 3.4.3.4 Each of Inbound Payment and Outbound Payment Order will be given a unique transaction ID and shown in the transaction history on the OGBC Account. The Client may quote such transaction ID when communicating with OGBC about a particular Outbound Payment Order.

      • 3.4.3.5 The Client acknowledges and confirms that the time required for the completion of each Outbound Payment Order shall in no event be under OGBC’s control. As an illustration only but not otherwise, payments shall typically arrive at the Payee’s bank account within one (1) to fifteen (15) Business Days from the date of the Payment Order was made but there is no guarantee. If a Payment Order is not received within fifteen (15) Business Days, OGBC may initiate internal investigation on behalf of the Client upon request. OGBC carries out verification checks, and these checks may increase the time it takes to process the Payment Order. OGBC shall not be responsible for any delays as a result of carrying out those checks.

      • 3.4.3.6 Outbound Payment Orders may be temporarily withheld in the event when OGBC determines that payment would violate applicable laws or place OGBC in excessive security, financial, or reputational risk. Funds may be forfeited as per the requirements of applicable laws.

      • 3.4.3.7 If unable to complete an Outbound Payment Order, OGBC shall inform the Client within reasonable time and, if possible, inform the Client of the reasons for such refusal and explain how to correct any factual errors. However, OGBC shall not be liable to notify the Client if such notification would be unlawful or cause OGBC to violate rules or regulations applicable.

      • 3.4.3.8 3.4.8The Client may cancel an Outbound Payment Order before it was processed by OGBC. Once OGBC finished the process of such Outbound Payment Order, it cannot be cancelled from the Client’s end.

  • 3.5 Currency Exchange.

    • 3.5.1 In the event that (i) the currency of certain Outbound Payment Order placed by the Client is different from the currency held in the Client’s Multi-Currency Account, or (ii) the currency of certain Inbound Payment received is different from the currency held in the Client’s Multi-Currency Account, OGBC may convert the currency based on market rate, which is based on foreign-exchange markets. The currency exchange rate will be shown in the Dashboard. Extra fees may apply when:

      • 3.5.1.1 currencies that aren't always easily available;

      • 3.5.1.2 the Client instructs the currency exchange to be made outside foreign-exchange-market hours. A currency exchange will be outside foreign-exchange-market hours if it's between midnight on a Friday and midnight on a Sunday (Hong Kong time).

    • 3.5.2 OGBC shall in no event be responsible for the following:

      • 3.5.2.1 any loss as a result of the change of currency exchange rate;

      • 3.5.2.2 loss as a result of multiple times of currency exchange due to rejection or refund of certain payments.

  • 3.6 Other Issues regarding Multi-Currency Account

    • 3.6.1 The Inbound Payment or Outbound Payment Order may be subject to maximum sending amount limits. OGBC may vary this limit from time to time by notification when certain payment exceeds such limitation.

    • 3.6.2 The Client shall be solely liable for the completeness, accuracy, and non-misleading for the information provided by the Client regarding the Payer, Payee, or Outbound Payment Order.

  • 3.7 Right to Reject or Delay

    • The OGBC retains the right to reject or delay any service at any time when:

    • 3.7.1 legal or regulatory requirements prevents such service from being carries out or requests further checks;

    • 3.7.2 the Client breaches any provision of this Agreement;

    • 3.7.3 OGBC believes that processing certain instruction would break this Agreement or result in violation of applicable laws and regulations;

    • 3.7.4 OGBC believes that certain instruction is incomplete, inaccurate, or made under coercion;

    • 3.7.5 OGBC believes that certain instruction is related to Forbidden Activities;

    • 3.7.6 the amount is over any limit that applies to such account;

    • 3.7.7 there is not enough money available in such account to make the payment and cover any charge;

    • 3.7.8 a bankruptcy order is made against the Client;

    • 3.7.9 if the Client owes OGBC any money or OGBC intends to exercise right of set-off;

    • 3.7.10 any request by OGBC (such as providing certain important information by the Client) is pending;

    • 3.7.11 OGBC has suspended the Client’s OGBC Account for any other reasonable cause.

• 4. Crypto Wallet

  • By registering under this Agreement, the Client agree to the Crypto Wallet Agreement .The respective functions regarding purchasing, payment, and remittance of crypto currencies shall be subject to such agreement.

• 5. Crypto Finance

  • By registering under this Agreement, the Client agree to the Crypto Finance Agreement .The respective functions regarding interest bearing investment of crypto currencies shall be subject to such agreement.

• 6. OGBC Card

  • Upon the Client’s further application by clicking on “OGBC Card” button and acceptance on certain OGBC Card agreement and card holder agreement, it may also use the OGBC Card Account. The function of the OGBC Card Account shall be subject to such agreements.

• 7. Fees 

  • 7.1 The Fee rates of each type of OGBC Services will be shown on the OGBC Dashboard and subject to change and modification from time to time at OGBC's sole discretion. OGBC may also offer promotions in the form of refunds, discounted fees, or bonuses.

  • 7.2 OGBC shall only process the Payment Order upon reception the full transfer amount and Fees from the Client. The Client may pay OGBC by authorizing OGBC to charge the Client via bank transfers or other means acceptable to OGBC. OGBC will update the balance in the Client’s OGBC Account following each such charge.span>

  • 7.3 Third Party Fees. Except for Fees charged by OGBC according to the Fee rates, certain Payment Orders may also subject to third party fees including, without limitation, charges by the bank of Payee, Buyer, or Platforms. This means the amount received by the Payee or the Client might be less than expected. OGBC shall not be liable for any third-party fees charged.

• 8. Relationship with Service Providers

  • 8.1  The Client acknowledges that Service Providers do not have any direct relationship with the Client and owe no duty of care to the Client by reason of the use of OGBC Services. The Client has no right in any bank account which the OGBC Service Credentials relate to.

  • 8.2 Any payment instruction or representation related to OGBC Services and/or the Multi-Currency Account shall be made strictly in accordance with, and limited to, the OGBC Service Credentials and this Agreement. In particular, the Client shall not represent to its payers or any other person that such bank account belongs to the Client.

  • 8.3 In any event that the Client instructs any payment other than as provided in this Agreement, the Client does so at its own risk and OGBC shall not be liable for any consequences thereof.

• 9. Termination

  • 9.1  Customer’s Right to Terminate. The Client may at any time terminate this Agreement by giving thirty (30) days’ notice to OGBC.

  • 9.2 OGBC’s Right to Terminate. OGBC may at any time terminate the Client’s use of all or any part of the OGBC Services when:

    • 9.2.1  any breaching by the Client of this Agreement or any other agreement between OGBC and the Client;

    • 9.2.2  the OGBC Account is not accessed or used by the Client for more than two (2) years;

    • 9.2.3  the Client has provided false, misleading, untrue, incomplete or inaccurate information or have otherwise acted dishonestly;

    • 9.2.4  the OGBC Account of the Client has been compromised or for other security reasons;

    • 9.2.5  the Client engages in Forbidden Activities, fraud, money laundering, terrorist financing or other illegal activities or OGBC reasonably suspect the same;

    • 9.2.6  there are other grounds that OGBC considers the termination shall be appropriate.

  • 9.3 All provisions of this Agreement which, by its nature, shall remain in force after the termination of the Agreement shall remain in force after the termination, including, but not limited to Indemnification and limitation of liability.

  • 9.4 OGBC shall be entitled to withhold reasonable fund (the “Withholding Amount”) upon termination of this Agreement one hundred and eighty (180) days when there shall be any Forbidden Activities, Risk Facts (as defined in OGBC Card Agreement, as applicable), or other transactions which OGBC reasonably believes may result in refund or extra charges by Service Provider or third parties (collectively the “Suspicious Transactions”). After fifteen (15) Business Days of the termination of this Agreement, the available balance (less the Withholding Amount, if any) in the Multi-Currency Account and OGBC Card Account will be refunded to the account to which the last Settlement Order was made.

  • 9.5 Any refund, charge, or other dispute (each a “Dispute After Termination”) between the Client and Service Provider, Payee, Buyer, Platforms, or other third-party shall be solved by the Client. In the event that certain dispute is not solved by the Client within thirty (30) days within the termination of this Agreement, OGBC shall be entitled to use the Withholding Amount to settle such Dispute After Termination on behalf of the Client. After fifteen (15) Business Days of the settlement of all Dispute After Termination, the available balance (if any) of the Withholding Amount will be refunded to the account to which the last Settlement Order was made.

  • 9.6 Any fund frozen by Service Provider or governmental authorities due to anti-money laundry, counter-financing terrorism, or risk control reason shall be deducted from the fund returned until such issue is resolved.

• 10. Intellectual Property.

  • 10.1 OGBC owns all rights, title and interest in the trademarks, logos, graphs, source code and other protected intellectual property related to the OGBC Services. The Client may not use the such intellectual property without OGBC’s prior written permission.

• 11. Limitation of Liability./span>

  • 11.1 To the fullest extent permitted by applicable law, under no circumstances will OGBC, or the Service Providers, be liable with respect to any subject matter of this Agreement under any theory of tort, contract, negligence, strict liability or other legal or equitable theory for: lost profits; special, incidental or consequential damages; punitive damages; the cost of procurement for substitute services; for interruption of use or loss or corruption of data; or for any amounts that exceed the fees paid by the Client to OGBC under this Agreement during the twelve (12) month period prior to the cause of action. OGBC shall have no liability for any failure or delay due to matters beyond its reasonable control.

  • 11.2 Payment Orders can only be executed if they comply with regulatory standards. OGBC will not be held liable for any damages which could result from the non-execution or defective execution of any Payment Order where such non-execution or defective execution is due to the fact that the Client provided information which was untrue, inaccurate, incomplete or incorrect.

  • 11.3 The Client acknowledges that OGBC may provide the OGBC Services using facilities provided by banks, payment service providers, clearing networks and other third-party payment processing services. No commercial agreement exists between the Service Providers and the Client and each of the Service Providers will accordingly have no direct liability to the Client.

  • 11.4 OGBC shall not be liable for any underlying sales transactions occurring between the Client and Payer. It is the Client’s responsibility to make payments to or receive payments only from persons or entities related to commercial transactions in compliance with applicable legal obligations. OGBC has no influence on the underlying process of buying or selling goods, and no legal relationship with the Payers, and will not be made liable to or in respect of any Payer or for the underlying products and/or services being sold or bought, nor for the correct completion of any sale or purchase of goods or services. The Client assume exclusive responsibility for the product and obligations of the Client to Payers, and shall indemnify and hold OGBC harmless from any claim by any of them against OGBC. The sale of counterfeit goods or goods breaching intellectual property rights can also lead to legal action by rights holders and a potential loss of Funds. The Client shall refrain from making any payment if it is in doubt as to the legality of a transaction.

  • 11.5 The Client shall solely be responsible for reporting to all applicable government tax authorities all Funds underlying the use of the OGBC Services and for the payment of any applicable taxes that apply to such payments as well as any other applicable reporting requirements including, but not limited to, any customs or foreign currency controls. OGBC may request the Client to provide proof of payment of taxes as and when it considers necessary and appropriate

  • 11.6 Neither party shall be held liable or considered to have failed under these rules in case of late or non- performance when their cause is related to a force majeure situation as defined by the governing law defined in Section 3.

  • 11.7 The maximum liability of OGBC under this Agreement (including any and all claims for breach of this Agreement) for any single event shall not exceed 5% of the Fees (for the avoidance doubt, any amount of fiat currency or crypto currency held in custody by OGBC or respective Service Provider on behalf of the Client does not account as Fees) collected by OGBC from the Client for the twelve (12) months immediately before such event. The aggregate maximum liability of OGBC under this Agreement (including any and all claims for breach of this Agreement) for all events shall not exceed 100% of the Fees collected by OGBC from the Client for the twelve (12) months immediately before such events.

  • 11.8 All of this Section 8 shall survive termination hereof.

• 12. Indemnification

  • The Client shall indemnify OGBC (or its respective directors, officers, employees, agents, representatives and authorized persons) (collectively “Indemnified Persons”) for and keep the Indemnified Persons fully and effectively indemnified against (a) all direct and indirect damages (including, without limitation, accounting, legal and other professional advisors’ fees) incurred by the Indemnified Persons on an indemnity basis in connection with any breach of the terms and conditions herein by the Client and/or the Indemnified Persons’ enforcement thereof; or (b) any claim, proceeding, damages (including, without limitation, accounting, legal and other professional advisors’ fees) that may arise to be incurred by the Indemnified Persons in connection with the provision of any of the OGBC Services, whether or not arising from or in connection with the Client’s improper use of such OGBC Services or any damages to the Indemnified Persons (or their respective assets, computer hardware, devices, facilities or software) as a result of performing such OGBC Services.

• 13. Governing Law

  • To the fullest extent permitted by applicable law, this Agreement shall in all respects be governed by and construed in accordance with the laws of Hong Kong without regard to its principles of conflicts of laws.

• 14. Dispute Resolutio

  • Any dispute arising from or in connection with this Agreement shall be submitted to Hong Kong International Arbitration Centre (HKIAC). The arbitration tribunal shall consist of one (1) arbitrator to be appointed according to then effective rules of HKIAC.

• 15. Privacy

  • 15.1  Authorization on Use of Data. The Client hereby authorizes OGBC to collect, store, transfer, use information about the Client including the transaction history, the personal information of the Client’s directors, executives, employees, and Payees for the purpose of analyzing and improve the services.

  • 15.2  Any activity conducted by OGBC regarding personal information shall be strictly in compliance of the Privacy Policy (see Appendix to this Agreement) and all applicable personal data protection laws and regulations.

  • 15.3  The Client acknowledges and agrees that OGBC reserves the right to access and disclose personal data relating to the Client to third parties to comply with all applicable laws and lawful requests from government and/or other regulatory authorities, and/or to provide services of OGBC or protect OGBC, its customers and other users.

• 16. Miscellaneous

  • 16.1 Complaint. The Client may file complaints to OGBC’s customer service center by emailing at [email protected]. All written or oral communications relating to this Agreement and its intended services must be in English.

  • 16.2 Changes to Agreement. OGBC constantly updates the OGBC Services and the terms of this Agreement. OGBC, at its sole discretion, may amend, revise or update this Agreement. The changes will come into effect immediately. If we make any material changes, OGBC shall notify the Client via email or other means. If the Client disagrees with such changes, then the Client may stop using the OGBC Services. Once the Client continues use of the OGBC Services, it will be subject to the new terms. However, any transaction or dispute that arose before the changes shall be governed by the Agreement that was in place when the dispute arose.

  • 16.3 Severability. Should one or several provisions of these general terms and conditions be or become invalid or prove to be unenforceable, this shall not affect the validity of the other provisions. In this case, the contracting parties shall replace the invalid or unenforceable provision by another provision that comes closest to the economically intended purpose. The same applies in the case of a regulatory gap.

  • 16.4 Disclaimer of Warranties. The OGBC Services shall be provided on an “as is” basis. OGBC and the Service Providers hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither OGBC nor the Service Providers, makes any warranty that the OGBC Services will be error free or that access thereto will be continuous or uninterrupted. The Client understands that it download from, or otherwise obtain content or services through, the OGBC Services at its own discretion and risk.

  • 16.5 Successors and Assigns. Except as otherwise expressly provided herein, the provisions hereof shall inure to the benefit of, and be binding upon, the successors, assigns, heirs, executors and administrators of the parties hereto. This Agreement and the rights and obligations therein may not be assigned by the Client without the written consent of OGBC. This Agreement and the rights and obligations therein may be assigned by OGBC without consent of the Client.

  • 16.6 Delays or Omissions. No delay or omission to exercise any right, power or remedy accruing to any party, upon any breach or default of any party hereto under this Agreement, shall impair any such right, power or remedy of such party, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of any similar breach of default thereafter occurring; nor shall any waiver of any other breach or default theretofore or thereafter occurring.

• FORBIDDEN ACTIVITIES

  • OGBC will update the following list of forbidden activities from time to time and will notify you by email.

  • armaments, nuclear, weapons or defense manufacturers;
    adult entertainment / pornography;
    automated fuel dispensers (AFD);
    automatic or manual cash distribution business;
    auction houses; binary options or gambling;
    cable or wireless TV and other services for consumer TV, radio, streaming;
    cannabinoids;
    cashback services;
    chemicals and allied products not elsewhere classified;
    customer credit reporting intermediaries;
    dating and escort services;
    debt collection;
    debt repayment;
    direct marketing on insurance services;
    direct marketing on travel service arrangement;
    direct marketing on on-shore or off-shore telemarketing merchants;
    drugs;
    gambling, including lotteries, casino game token, out-of-town gambling, horse racing gambling;
    government-issued lotteries;
    government-licensed online casinos (online gambling);
    government-licensed horse racing, dog racing;
    equity/mutual funds and other investment funds;
    fake goods/counterfeit consumer products; fine art dealers;
    foundations;
    merchants engaged in money transfer or remittance services;
    non-profit organizations;
    non-verifiable entertainments services;
    pawnbrokers;
    pension schemes;
    political organizations and institutions;
    POI money transactions, prepaid card purchases and redemptions;
    precious metals, ores, watches, jewelry, or stone dealers;
    quasi-cash merchants;
    religious organizations;
    registered and unregistered charities;
    special purpose vehicle/special purpose entity;
    streaming companies (companies getting donations from viewers);
    trading in precious metals, stones;
    trading in prime-bank guarantees, debentures, letters of credit or medium-term notes;
    second-hand car dealers;
    trusts;
    video game arcades;
    unregulated foreign exchange businesses;
    unregulated loan businesses.

• OGBC PRIVACY POLICY

This policy explains what the Client may expect from OGBC and what OGBC need from the Client in relation to personal data provided by the Client. Please read this carefully as this policy is legally binding when the Client uses OGBC Services. Unless the context otherwise requires, each capitalized term used but not defined herein shall have the meaning ascribed to it in the General Terms and Conditions.

For the purpose of the relevant data protection regulations, , a limited liability company with its registered office in Hong Kong shall be the “Data Controller” of the information hereunder. If there shall be any questions about how OGBC protects or use the data, please contact [email protected]

As OGBC Services shall be only used by business rather than individuals, in this Policy, by “your personal information” or “your personal data”, we mean the personal information and data provided by you of your executives, directors, employees, agents, or legal representative/span>

• 1. How do we protect your personal information

  • 1.1 We are serious about guarding the security of your personal information and use a secure server to store your personal information. All information you provide to us is stored on our secure servers.

  • 1.2 As you will know, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data during transmission, and any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.

  • 1.3 We restrict access of your personal information to those employees of OGBC who have a business reason for knowing such information. We continuously educate and train our employees about the importance of confidentiality and privacy of customer information. We maintain physical, electronic and procedural safeguards that comply with the relevant laws and regulations to protect your personal information from unauthorized access.

• 2. Information we may collect from you

  We may collect and use the following data about you:

• 2.1 Information you give us

  • (a) You may give us information about you when you sign up to use our service, e.g. when you provide us with personal details, such as name, address, email address, ID number, and/or phone number of your executives, directors, employees, agents, or legal representative. This also includes information you provide through your continued use of OGBC Services, participate in discussion boards or other social media functions on our Website or App, enter a competition, promotion or survey, and when you report a problem with OGBC Services. The information you give us may include the name, address, e-mail address, phone number, financial information (including credit card, debit card, or bank account information), payment reason, geographical location, ID number, social security number, personal description and photograph of your executives, directors, employees, agents, or legal representative.

  • (b) We may also need additional commercial and/or identification information from you e.g. if you send or receive certain high-value or high volume transactions or as needed to comply with our anti-money laundering obligations under applicable law.

  • (c) In providing the personal data of any individual by you to us during your use of OGBC Services, you promise that you have obtained consent from such individual to disclose his/her personal data to us, as well his/her consent to our collection, use and disclosure of such personal data, for the purposes set out in this Privacy Policy.

• 2.2 Information we collect about you

  • With regard to your use of OGBC Services we may automatically collect the following information:

  • (a) details of the transactions you carry out when using OGBC Services, including geographic location from which the transaction originates;

  • (b) technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;

  • (c) information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our Website or App (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our Customer Support number.

• 2.3 Information we receive from other sources. We may receive information about you if you use any of the other websites we operate or the other services we provide. We are also working closely with third parties and may receive information about you from them

  • For example: For example:
    the banks you use to transfer money to us will provide us with your basic personal information, such as your name and address, as well as your financial information such as your bank account details;
    business partners may provide us with your name and address, as well as financial information, such as card payment information;
    advertising networks, analytics providers and search information providers may provide us with pseudonymized information about you, such as confirming how you found our website;
    credit reference agencies do not provide us with any personal information about yourself, but may be used to corroborate the information you have provided to us.

3. Cookies

• 3.1 OGBC Services use cookies to distinguish you from other users. This helps us to provide you with a good experience and also allows us to improve our services.

• 3.2 OGBC also uses the following types of cookies:

• Analytical and performance cookies These allow us to recognize and count the number of visitors to our website, and see how visitors browse around our website, so we can improve it where necessary. Targeting cookies These allow us to see what pages and links you have visited so we can provide more relevant ads. We may share this information with other organizations for the same purpose. Google Analytics cookies These identify and analyses website trends, but do not identify you individually. These cookies are all "session cookies", which means that they will end when you close your website browser.

4. Uses made of the information

• We use your information in the following ways:

• (a) to carry out our obligations relating to your contract with us and to provide you with the information, products and services;

• (b) to comply with any applicable legal and/or regulatory requirements;

• (c) to notify you about changes to OGBC Services;

• (d) as part of our efforts to keep OGBC Services safe and secure;

• (e) to administer OGBC Services and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;

• (f) to improve OGBC Services and to ensure that they are presented in the most effective manner;

• (g) to measure or understand the effectiveness of advertising we serve and to deliver relevant advertising to you;

• (h) to allow you to participate in interactive features of OGBC Services, when you choose to do so;

• (i) to provide you with information about other similar goods and services we offer;

• (j) to provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you;

• (k) to combine information, we receive from other sources with the information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive).

5. Disclosure of your information

• 5.1  We may share your information with selected third parties including:

  • (a)  affiliates, business partners, suppliers and sub-contractors for the performance and execution of any contract we enter into with them or you;

  • (b) advertisers and advertising networks solely to select and serve relevant adverts to you and others;

  • (c) analytics and search engine providers that assist us in the improvement and optimization of our site;

  • (d) our group entities or subsidiaries - which can be found by clicking here.

• 5.2  We may disclose your personal information to third parties:

  • (a)  in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;

  • (b) if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Customer Agreement and other applicable agreements; or to protect the rights, property, or safety of OGBC, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction;

  • (c) to assist us in conducting or co-operating in investigations of fraud or other illegal activity where we believe it is reasonable and appropriate to do so;

  • (d) to prevent and detect fraud or crime;

  • (e) in response to a subpoena, warrant, court order, or as otherwise required by law;

  • (f) to assess financial and insurance risks;

  • (g) to assess financial and insurance risks;

  • (h) n response to a subpoena, warrant, court order, or as otherwise required by law;

  • (i) to assess financial and insurance risks;

  • (j) to recover debt or in relation to your insolvency; and

  • (k) to develop customer relationships, services and systems.

• 5.3  We do not have a published list of all of the third parties with whom we share your data with, as this would be heavily dependent on your specific use of OGBC Services.

6. Where we store your personal data

• 6.1 The data that we collect from you shall be stored within the territory of the United States of America. Such data may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your payment order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

7. Sharing your data outside of the EEA

• 7.1 In order to provide OGBC Services to you, it is sometimes necessary for us to transfer your data to the third parties through the border of the EEA. In these cases, we ensure that both ourselves and our partners take adequate and appropriate technical, physical and organizational security measures to protect your data. We also ensure we have appropriate contractual protections in place with these third parties.

8. Profiling and Automated Decision Making

• 8.1 We may use some instances of your data in order customize OGBC Services and the information we provide to you, and to address your needs - such as your country of address and transaction history. For example, if you frequently send funds from one particular currency to another, we may use this information to inform you of new product updates or features that may be useful for you. When we do this, we take all necessary measures to ensure that your privacy and security are protected - and we only use pseudonymized data where ever possible. This activity has no legal effect on you.

9. Data Retention

• 9.1 As a regulated financial institution, OGBC is required by law to store some of your personal and transactional data beyond the closure of your account with us. Your data is only accessed internally on a need-to-know basis, and it will only be accessed or processed if absolutely necessary.

• 9.2 We will always delete data that is no longer required by a relevant law or jurisdiction in which we operate.

• 9.3 Retention periods defined for the storage of your data can be found by clicking here.

10. Your Rights

• 10.1 You have the right to ask us not to contact you for marketing purposes by contacting us via the customer manager appointed by OGBC as shown on the Dashboard or at [[email protected]].

• 10.2 You have the right to correct any personal information We hold on you that is inaccurate, incorrect, or out of date.

• 10.3 You have the right to ask us to delete your data when it is no longer necessary, or no longer subject to a legal obligation to which OGBC is subject to.

• 10.4 You have the right to transfer your personal data between data controllers, for example, to move your account details from one online platform to another.

• 10.5 OGBC Services may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility for them. Please check these policies before you submit any personal data to these websites.

11 Access to Information

• 11.1  Subject to applicable laws, you may have the right to access information we held about you. Your right of access can be exercised in accordance with the relevant data protection legislation.

12 Changes to this Policy

• 12.1 Any changes we may make to our privacy policy will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy policy.