xmoney.hk Disclaimer (V2.0)

This Disclaimer (the “Disclaimer”) sets out, to the maximum extent permitted by law, the position of xmoney.hk (the “Platform” or “we”) on the risks you (the “User” or “you”) may encounter when using the Platform’s services, and the limits of our liability. This Disclaimer supplements and emphasises the xmoney.hk Terms of Service. By accessing or using this website, you represent that you have read, fully understood, and agreed to be bound by this Disclaimer in its entirety.

All information, data, articles, and any other content provided on the Platform (collectively, the “Information”) is supplied for general reference only and does not constitute financial, investment, legal, tax, or any other professional advice, recommendation, undertaking, or warranty of any kind. We endeavour to keep the Information accurate and up to date, but we make no express or implied warranty as to the accuracy, completeness, reliability, or fitness for any particular purpose of any Information. We accept no liability for any direct or indirect loss or damage arising from the use of, or reliance on, any Information on the Platform. Content on the Platform may include “forward-looking statements” based on our current expectations and projections. Such statements are inherently subject to risks and uncertainties, and we make no undertaking in respect of them and have no obligation to update them.

The Platform is not your financial, investment, legal, or tax adviser. Nothing on the Platform — including any information, feature, or tool — shall be construed as advice, an offer, or a solicitation to buy, sell, or hold any Currency Commodity. All trading decisions are your own independent judgment, and you assume full risk and responsibility for your trading activity. Before making any decision that may have financial, legal, or tax consequences, you should consult a person who holds the relevant professional qualifications.

You expressly acknowledge and agree that participating in C2C (customer-to-customer) transactions in Currency Commodities involves material risk. You voluntarily and fully assume all related risks, including without limitation:

• Market risk: loss of asset value arising from exchange-rate fluctuations, market liquidity, or other market factors.
• Counterparty risk: the user with whom you transact may engage in fraud, delayed payment, refusal to pay, sending an incorrect amount, or (as a seller) submitting a false proof of transfer, or other default or misconduct.
• Operational risk: loss of funds arising from your own error (for example, entering an incorrect transfer account or amount, disclosing a password or TFA key, mistakenly clicking “Confirm Receipt”, or failing to respond to a transaction in time).
• Third-party payment-system risk: the bank or e-wallet system you use may, as a result of its own rules, risk controls, or technical issues, freeze your funds or cause a transfer to be delayed or to fail.
• Compliance risk: your trading activity may trigger legal or regulatory restrictions in your jurisdiction or in that of your counterparty.

The Platform accepts no liability of any kind — whether for compensation, reimbursement, or recovery — for any loss you incur in the course of a transaction. We do not warrant that you will be able to buy or sell any Currency Commodity at a particular price, at a particular time, or at all.

You understand and agree that the “Reservation Model for C2C Wallet Balance Exchange” provided by the Platform, and any similar wording used in marketing (for example, “lock the rate” or “lock the trade”), is solely a technical aid intended to increase transactional certainty. It does not constitute any form of guarantee or undertaking by us as to price, exchange rate, or a counterparty’s ability to perform. Whether a Reservation can be successfully completed depends entirely on whether the counterparty (the seller), within the agreed Transaction Time Limits, transfers the correct amount, in full and on time. You bear in full all risk and loss arising from a Reservation that fails, is cancelled, or that settles at a price that differs from the reserved price, whether because the counterparty fails to perform, a third-party payment system is delayed, market prices move sharply, or for any other reason.

We reiterate that xmoney.hk is only a neutral technical-services and information-publishing platform. We do not participate in any fiat or Currency Commodity transaction between users, do not control, hold, or transfer any user funds, and do not endorse or guarantee any user’s identity, creditworthiness, or conduct. Our role is strictly limited to providing the technical support required to keep the Platform’s technical systems in operation, including the XM Points (XMP) accounting system and the XM Points escrow mechanism.

• Third-party names: To facilitate user transactions, the Platform may mention the names of third-party institutions (such as banks and e-wallet providers). Ownership of those names, trademarks, and brands remains solely with their respective owners. Mention of any third party does not mean that we have any affiliation, partnership, endorsement, or sponsorship relationship with that party.
• Third-party services: We are not responsible for the availability, security, accuracy, or compliance of any third-party service (including without limitation any bank, e-wallet system, or identity-verification service), or for any direct or indirect loss arising from such services. Your relationship with any third-party service provider is governed solely by your agreement with that party.
• External links: The Platform may contain links to third-party websites. Those links are provided for convenience only. We are not responsible for the content, privacy policy, or security of any external website, or for any risk it may present. You access external links at your own risk.

All trademarks, service marks, trade names, logos, and domain names displayed on the Platform’s website (including without limitation “xmoney.hk”, “XM Points”, and “X-Dollar”) are the exclusive property of xmoney.hk or its licensors. Reproduction, imitation, modification, or use in any form is strictly prohibited without our prior written permission.

We will use commercially reasonable efforts to keep the Platform in continuous and stable operation. However, we do not warrant that the service will at all times be uninterrupted, timely, secure, or error-free. We accept no liability for temporary or permanent unavailability of the service, or for loss or corruption of data, arising from technical issues beyond our reasonable control (including hacking, viruses, server downtime, network interruption, power failure, software defects, and failure of third-party services) or from events of force majeure (as defined in the Terms of Service).

• Disputes between users: If you have a dispute with one or more other users, you agree to fully release xmoney.hk and all of its shareholders, directors, officers, employees, and agents from liability, and to permanently waive any right to bring against us any claim, demand, or damages (actual or consequential) of any kind arising out of that dispute (and any related matter), whether known or unknown, suspected or unsuspected, disclosed or undisclosed.
• Indemnity for user conduct: You agree that if any third party brings any claim, demand, action, or proceeding against xmoney.hk or its affiliates (including reasonable attorneys’ fees, fines, and settlement amounts) arising from (a) your breach of the Terms of Service or this Disclaimer; (b) your breach of any applicable law or regulation; or (c) your infringement of any third-party right (including intellectual-property and privacy rights), you will fully defend, indemnify, and hold them harmless.

This Disclaimer is written in English. We may provide translations in Chinese or other languages. All translations are provided for convenience only. If there is any conflict, ambiguity, or inconsistency between the English version and any translation, the English version prevails. The English version is final and exclusively legally binding.