Terms and Conditions (the “User Agreement”)
Please take time to read this document. It is important and explains how YBEX Limited (“YBEX”, “we”, “our” or “us”) provides our services to you.
This User Agreement is written in simple terms without complex legal constructions. If you do not understand any part of this document, please ask us before using any of our services.
The website (www.ybex.io) and the YBEX YBPay app (the “Website” or the “App”) are operated and owned by YBEX located at Unit 1602, 16/F, Hing Lung Commercial Building, 68-74 Bonham Strand East, Sheung Wan, Hong Kong.
We may amend the User Agreement from time to time and you can find the most current version on the Website or the App. By continued use of our services you will be bound by revised or further terms and conditions. You should therefore check these terms and conditions every time you use our services.
We operate a virtual marketplace (“Marketplace”) to enable you to “shop” from a selection of service providers that are licensed to provide remittance and money changing services to you (“Service Providers”).
We do not exchange currency or make physical delivery of foreign currency and we are not a party to any transaction you may enter into with the Service Providers.
The Marketplace enables private individual users and business users to compare the rates, pricing and payment information offered by the Service Providers and to make orders directly with the preferred Service Providers. By making a remittance or money changing order to a Service Provider through the Website or the App, you will enter into a legally binding contractual relationship with the Service Provider that you have chosen.
Free of Charge
Our service is offered to you free of charge. We charge the Service Providers a commission for your transaction.
Notwithstanding, we reserve the right to change our fees policy from time to time. We may introduce new services and modify some or all of the existing services offered to you. In such an event, we reserve the right to introduce fees for the new services offered and/or amend the fees for existing services.
You must register with us as a user in order to use the Marketplace. Our registration process will ask for information including your current, complete, and accurate proof of identity and proof of residence. We also reserve our right to access, directly or through third parties, various government or private databases to verify and validate your information. You may also be required to provide us documents for verification purposes and we may also contact you to request additional information or documents to complete the registration.
You will be provided with a login upon successful registration. You agree to keep your user login details confidential, not to disclose your login details to any other person and not to permit any other person to log in using your login details.
Limitations on Use
By using our service on the Marketplace, you agree not to upload, post, or otherwise send or transmit any material that:
You agree that you will not make any negative, denigrating or defamatory statement or comment against us, our brand name, our domain name, including “YBEX”, “YBPay” and “YBPro”, or otherwise engage in any conduct or action that might tarnish our image or reputation. We reserve our rights to suspend and/or terminate our services to you in those circumstances.
Our service is made available for personal and non-commercial use only, Therefore, you are not allowed to resell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download, reverse engineer, disassemble, decompile, translate, or reproduce any content or information on the Website or the App, or create derivative works of any kind whatsoever for any commercial or competitive activity or purpose.
You further represent that you are at least 18 years of age and that you are in compliance with all applicable laws, rules and regulations in your use of our services.
We take steps to vet Service Providers before allowing them onto the Marketplace and we use reasonable endeavours to ensure that the Service Providers are appropriately licensed to provide you with remittance and money changing services. However, we do not prescreen or approve all quotes made by Service Providers and the inclusion of any Service Provider on the Marketplace does not represent a recommendation by us.
When you choose to enter into a transaction with a Service Provider, YBEX’s role is solely in relation to transmitting details of your instruction and information to the relevant Service Provider and in return transmitting confirmation messages to you on behalf of the Service Provider.
Your interactions with any Service Provider on the Marketplace with respect to any transaction, including any payment made to the Service Provider and any subsequent provision of services by the Service Provider, are solely between you and the Service Provider and are governed by the Service Provider’s terms and conditions.
In the event of any dispute with any Service Provider, you agree to release YBEX, its shareholders, directors, officers, employees, agents, consultants, and successors in title from all claims, demands and damages of every kind or nature (whether known or unknown, suspected or unsuspected, disclosed or undisclosed) arising out of or in any way related to such disputes.
Any quotation and related information displayed on Marketplace are provided to us by Service Providers and they are solely and fully responsible for such information. We may also provide you with other information such as quotations obtained from third parties other than the Service Providers solely for your reference and comparison purposes. Although we will use reasonable skill and care in displaying such information, we cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors, interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of the Marketplace or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each Service Provider or third parties remains responsible at all times for the accuracy, completeness and correctness of the information displayed on the Marketplace. The Marketplace does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification of any Service Provider made available. You further agree to release us from all liability arising out of any Service Provider refusing to honour the quotation displayed on the Marketplace.
YBEX assumes no liability or responsibility for any errors, omissions, failures, delays or interruptions in connection with the Marketplace. In particular, you acknowledge that our operations could be subject to technical or other problems that are beyond our control, such as issues concerning the business or operation of the Service Providers. Accordingly, while we will do everything in our power to facilitate timely completion of transactions between you and the relevant Service Provider, we cannot guarantee that the transactions will always be completed on time and that we cannot accept any liability to you for any loss suffered by you or any other person as a result of any delay in the completion of transactions.
In no event will YBEX, its shareholders, directors, officers, employees, agents, or consultants be liable for any direct, indirect, incidental, special, punitive, exemplary, or consequential losses or damages of whatsoever kind arising out of your use of or access to the Marketplace, including loss of profit or tort (including negligence), product liability, or otherwise.
YBEX will not be liable to you for any damage or alteration to your equipment, including but not limited to computer equipment, handheld devices, or mobile telephones, as a result of the installation or use of the Marketplace (including the Website and the App).
Nothing in these terms and conditions shall exclude or limit YBEX’s liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation or any other liability which cannot be excluded or limited under the applicable law.
To the maximum extent permitted by law, and for the avoidance of doubt, YBEX hereby disclaims all implied warranties with regard to the Marketplace. The Marketplace is provided “as is” and “as available” without warranty of any kind.
Whilst we have implemented commercially reasonable technical and organizational measures to secure your personal information and user content from unauthorized use, we cannot guarantee that unauthorized third parties will never be able to defeat those measures. You acknowledge that you provide your personal information at your own risk.
From time to time, we may promote the products or services of our Service Providers or other third party companies to you via but not limited to email, mobile application’s push notifications, or SMS messages. Such promotions are based on our personal opinions and as such should not be relied on as formal recommendations.
You also understand and agree that we reserve the right to maintain your account information after you close your account for business and regulatory compliance purposes.
Intellectual Property Rights
Unless stated otherwise, all trademarks, copyright, database rights, and other intellectual property rights of any nature in connection with the Marketplace together with the underlying software code are owned directly by YBEX. All other trademarks not owned by YBEX that appear in connection with the Marketplace are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by YBEX.
YBEX hereby grants you a worldwide, non-exclusive and royalty-free revocable license to use the Marketplace (including the Website and the App) for your business and personal use in accordance with these terms and conditions. Any unauthorized use of the Marketplace will result in the automatic termination of the limited license granted by us. YBEX reserves the right to terminate the limited license without notice at any time following an unauthorized use by you of the Marketplace.
YBEX will operate one or more bonus schemes from time to time in which you may be entitled to earn bonus points for transactions you enter into with designated Service Providers on the Marketplace. Such bonus points may be redeemed to obtain a benefit when you enter into a subsequent transaction with designated Service Providers on the Marketplace. Details of any such bonus schemes will be communicated to you or posted on the Website from time to time. YBEX reserves the right to update or change the terms and conditions of any bonus schemes without further notice. In case of any dispute, YBEX reserves the absolute right of final decision.
If you violate any provision of this User Agreement, your right to use the Marketplace may be suspended and/or terminated at our sole discretion. Notwithstanding, YBEX expressly reserves its right to block your access to or use of the Marketplace at any time without explanation if it genuinely believes that such action is reasonably required to protect its business, which includes but not limited to situations where you have repeatedly failed to follow through and complete transactions with the relevant Service Providers after having booked your transactions through the Marketplace or otherwise breached the terms of your agreement with the Service Providers.
YBEX may change or discontinue the Marketplace at any time without prior notice. We reserve the right to terminate these terms and conditions for any reason, without notice, and these terms and conditions shall automatically terminate in the event that you violate any of the terms set forth herein. In the event of any termination, you must cease any use of the Marketplace immediately.
If any court or competent authority decides that any of these terms and conditions is held to be invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.
Our failure to enforce any provision of these terms and conditions shall not constitute a waiver of that or any other provision and will not relieve you from the obligation to comply with such provision.
This User Agreement does not give rise to any rights of a third party under the Contracts (Rights of Third Parties) Ordinance (Cap. 623) to enforce any of these terms and conditions.
These terms and conditions set forth the entire understanding and agreement between you and YBEX with respect to your use of the Marketplace.
Governing Law and Jurisdiction
This User Agreement shall be governed by the laws of the Hong Kong Special Administrative Region. You agree to submit to the exclusive jurisdiction of the Hong Kong courts.
Please contact us at firstname.lastname@example.org for any questions or comments regarding the Marketplace.