Terms & Conditions

By using this website (“Site”), registering for a Cherry Technology Solution Account (“Account”), or using any of our other Cherry Technology Solution Services, you (“you, your, or yourself”) are agreeing to accept and comply with the terms and conditions of use stated below (“Terms & Conditions”). You should read the entire Terms of Use carefully before you use this Site or any of the Cherry Technology Solution Services. As used in this Terms and Conditions, “Cherry Technology Solution” refers to the company Cherry Technology Solution Ltd with registered address at Suite C, Level 7, World Trust Tower, 50 Stanley Street, Central, Hongkong including, without limitation, its owners, directors, investors, employees or other related parties. Depending upon the context, “Cherry Technology Solution” may also refer to the services, products, website, content or other materials (collectively, “Cherry Technology Solution Services”) provided by Cherry Technology Solution. The Service operated by Cherry Technology Solution allows all registered users of the Service (“Members”) to:

Use of services for purchasing goods.

Depending on your country of residence, you may not be able to use all the functions of the Site. It is your responsibility to follow those rules and laws in your country of residence and/or country from which you access this Site and Services. As long as you agree to and comply with these Terms & Conditions, Cherry Technology Solution grants to you a personal, non-exclusive, non-transferable, non-sublicensable and limited right to enter and use the Site and the Service. IF YOU DO NOT ACCEPT THE TERMS & CONDITIONS OUTLINED IN THIS AGREEMENT, DO NOT ACCESS THIS SITE AND DO NOT USE THIS SERVICE. By opening an Account, you expressly represent and warrant:

That you have accepted these Terms; and

That you are over 18 years of age and have the full capacity to accept these Terms and enter into a transaction involving Digital Assets.

LIMITED RIGHT OF USE

Unless otherwise specified, all Materials on this Site are the property of Cherry Technology Solution and are protected by copyright, trademark and other applicable laws. You may view, print and/or download a copy of the Materials from this Site on any single computer solely for your personal, informational, non-commercial use, provided you keep intact all copyright and other proprietary notices. The trademarks, service marks and logos of Cherry Technology Solution and others used in this Site (“Trademarks”) are the property of Cherry Technology Solution and their respective owners. The software, text, images, graphics, data, prices, trades, charts, graphs, video and audio used on this Site belong to Cherry Technology Solution. The Trademarks and Material should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, whether manual or automated. The use of any such Materials on any other Site or networked computer environment for any other purpose is strictly prohibited; any such unauthorised use may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

MAINTAINING YOUR ACCOUNT: OUR RULES

By registering with us, you agree to provide Cherry Technology Solution with current, accurate, and complete information about yourself as prompted by the registration process, and to keep such information updated. You further agree that you will not use any Account other than your own or access the Account of any other Member at any time or assist others in obtaining unauthorised access. The creation or use of Accounts without obtaining the prior express permission from Cherry Technology Solution will result in the immediate suspension of all said Accounts, as well as all pending purchase/sale offers. Any attempt to do so or to assist others (Members or otherwise), or the distribution of instructions, software or tools for that purpose, will result in the Accounts of such Members being terminated. Termination is not the exclusive remedy for such a violation, and Cherry Technology Solution may elect to take further action against you. You also are responsible for maintaining the confidentiality of your Account information, including your password, safeguarding your own Digital Assets, and for all activity including Transactions that are posted to your Account. If there is suspicious activity related to your Account, we may, but are not obligated, to request additional information from you, including authenticating documents and to freeze any transactions pending our review. You are obligated to comply with these security requests or accept termination of your Account. You are required to notify Cherry Technology Solution immediately of any unauthorised use of your Account or password, or any other breach of security. Any account who violates these rules may be terminated, and thereafter held liable for losses incurred by Cherry Technology Solution or any user of the Site. Finally, you agree that you will not use the Service to perform a criminal activity of any sort, including but not limited to, money laundering, illegal gambling operations, terrorist financing, or malicious hacking.

TERMINATION AND ESCROW OF UNVERIFIED ACCOUNTS

You may terminate this agreement with Cherry Technology Solution, and close your Account at any time, following the settlement of any pending transactions. You also agree that Cherry Technology Solution may, by giving notice, in its sole discretion terminate your access to the Site and to your Account, including without limitation, our right to: limit, suspend or terminate the service and Members’ Accounts, prohibit access to the Site and its content, services and tools, delay or remove hosted content, and take technical and legal steps to keep Members off the Site if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of these Terms. Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate Accounts of Members for any reason, including without limitation: (1) attempts to gain unauthorised access to the Site or another Member’s account or providing assistance to others’ attempting to do so, (2) overcoming software security features limiting use of or protecting any content, (3) usage of the Service to perform illegal activities such as money laundering, illegal gambling operations, financing terrorism, or other criminal activities, (4) violations of these Terms & Conditions, (5) failure to pay or fraudulent payment for Transactions, (6) unexpected operational difficulties, or (7) upon the request of law enforcement or other government agencies, if deemed to be legitimate and compelling by Cherry Technology Solution , acting in its sole discretion. We expressly reserve the right to cancel and/or terminate Accounts that have not been verified by the Client despite our good faith efforts to contact you seeking such verification (“Unverified Accounts”). The suspension of an Account shall not affect the payment of the commissions due for past Transactions. Upon termination, Members shall communicate a valid bank account to allow for the transfer of any currencies credited to their account. Said bank account shall be held by the Member. Funds may be transferred to a valid bank account. Cherry Technology Solution shall transfer the currencies as soon as possible following the Member’s request within the timeframes specified by Cherry Technology Solution. Cherry Technology Solution will send to you the credit balance of your Account, however, in circumstances, a number of intermediaries may be involved in an international payment and these or the beneficiary bank may deduct charges. We will use reasonable efforts to ensure that such charges are disclosed to you prior to sending your payment, however where they cannot be avoided, you acknowledge that these charges cannot always be calculated in advance and that you agree to be responsible for such charges. Upon Account closing, any amount less than $500 in value will not be returned.

AVAILABILITY OF SERVICES

All services are provided without warranty of any kind, either express or implied. We do not represent that this Site will be available 100% of the time to meet your needs. We will strive to provide you with the Service as soon as possible but there are no guarantees that access will not be interrupted, or that there will be no delays, failures, errors, omissions or loss of transmitted information. We will use reasonable endeavours to ensure that the Site can normally be accessed by you in accordance with these Terms & Conditions. We may suspend use of the Site for maintenance and will make reasonable efforts to give you notice. You acknowledge that this may not be possible in an emergency.

EXTERNAL WEBSITES

Cherry Technology Solution makes no representations whatsoever about any outside or third-party website which you may access through the Site. Occasionally, the Cherry Technology Solution website may provide references or links to other websites (“External Websites”). We do not control these External Websites third party sites or any of the content contained therein. You agree that we are in no way responsible or liable for External Websites referenced or linked from the Cherry Technology Solution website, including, but not limited to, website content, policies, failures, promotions, products, opinions, advice, statements, prices, activities and advertisements, services or actions and/or any damages, losses, failures or problems caused by, related to, or arising from those sites. You shall bear all risks associated with the use of such content. External Websites have separate and independent terms of use and related policies. We request that you review the policies, rules, terms, and regulations of each site that you visit. It is up to you to take precautions to ensure that whatever device used is free of items such as viruses, worms, Trojan horses and other items of a destructive nature.

EMAIL

Email messages sent over the Internet are not secure and Cherry Technology Solution is not responsible for any damages incurred by the result of sending email messages over the Internet. We suggest sending email in encrypted formats.

DISCLOSURES TO LEGAL AUTHORITIES AND AUTHORIZED FINANCIAL INSTITUTIONS

We may share your Personal Information with law enforcement, data protection authorities, government officials, and other authorities when:

Required by law;

Compelled by subpoena, court order, or other legal procedure;

We believe that the disclosure is necessary to prevent physical harm or financial loss;

Disclosure is necessary to report suspected illegal activity; or

Disclosure is necessary to investigate violations of our Terms & Conditions or Privacy Policy.

Access to products and services detailed on this website may be restricted to certain persons or countries. The products and services presented on this website may only be purchased in jurisdictions in which their marketing and distribution are authorised. Cherry Technology Solution advises all interested parties to check in advance whether they are legally entitled to purchase the products and/or services presented on the website.

INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION

We store and process your Personal Information in data centres around the world, wherever Cherry Technology Solution facilities or service providers are located.

LIMITATION OF LIABILITY

To the extent permitted by law, Cherry Technology Solution will not be held liable for any damages, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, indirect or consequential loss unless the loss suffered arising from negligence or willful deceit or fraud. Nothing in these terms excludes or limits the liability of either party for fraud, death or personal injury caused by its negligence, breach of terms implied by operation of law, or any other liability which may not by law be limited or excluded. Subject to the foregoing, Cherry Technology Solution aggregate liability in respect of claims based on events arising out of or in connection with any single Member’s use of the Site and/or Service, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed the greater of either (a) the total amount held on Account for the Member making a claim less any amount of Commission that may be due and payable in respect of such Account; or (b) 125% of the amount of the Transaction(s) that are the subject of the claim less any amount of Commission that may be due and payable in respect of such Transaction(s).

INDEMNITY

To the full extent permitted by applicable law, you hereby agree to indemnify Cherry Technology Solution , its employees and its partners against any action, liability, cost, claim, loss, damage, proceeding or expense suffered or incurred if direct or not directly arising from your use of Cherry Technology Solution Sites, your use of the Service, or from your violation of these Terms of Use.

MISCELLANEOUS

If we are unable to perform the Services outlined in the Terms & Conditions due to factors beyond our control including but not limited to an event of Force Majeure, change of law or change in sanctions policy we will not have any liability to you with respect to the Services provided under this agreement and for a time period coincident with the event.

MODIFICATION OF TERMS

Cherry Technology Solution reserves the right to change, add or remove portions of these Terms, at any time, in an exercise of its sole discretion. You will be notified of any changes in advance through your Account. Upon such notification, it is your responsibility to review the amended Terms. Your continued use of the Site following the posting of a notice of changes to the Terms signifies that you accept and agree to the changes and that all subsequent transactions by you will be subject to the amended Terms.

DEFINITIONS

Account - The contractual arrangement wherein a Cherry Technology Solution Member has accepted our Terms & Conditions and Privacy Policy and received approval to use the Cherry Technology Solution Services and to perform associated Transactions. User(s) - Member(s) that are using Cherry Technology Solution offered services. Commission - Refers to the fee which is payable to Cherry Technology Solution on each Deposit, such as deposits on the Users account. Member(s) - Refers to Cherry Technology Solution service users as well as any holder of an Account.

Personal Information - Information that identifies an individual, such as name, address, e-mail address, account information, and banking details. “Personal Information” does not include anonymized and/or aggregated data that does not identify a specific user.

Transaction - Includes the following:

The purchase of goods & products (“Purchase Transactions”).

Transaction Price - The total price paid by the Buyer in respect of each Transaction performed through the Service.

Privacy Policy

We in Cherry Technology Solution Ltd are committed to ensure that your privacy is secured and protected. We respect your right to know how we collect, use and protect your Personal Information. That’s why we are giving this notice to inform you on how we process your Personal Information. We may update this policy as necessary to keep it responsive with Data Privacy requirements, coverage and technology security advancement to give the best information security on your Personal Information. You are encouraged to check this page from time to time to ensure that you are updated and pleased with any changes we made.

Our reason why we collect your Personal Data…

We collect your Personal Data, without limiting the generality of the purpose, to facilitate your transaction needs and avail of our products and services, among others:

Enhance your customer experience and improve, develop and determine tailored products to meet your preferences and needs; Communicate relevant products and/or advisories to you;

Show you relevant ads on and off our services and measure the effectiveness and reach of ads and service;

Abide by any safety, security, public service or legal requirements and processes; and Process information for statistical, analytical, and research purposes

We collect your Personal Data to the extent necessary to comply with the requirements of the law and legal process, such as a legal and regulatory obligation, i.e. HKMA and Anti-Money Laundering (AML), or to prevent imminent harm to public security, safety or order.

We also need your Personal Data for statistical, analytical, and research purposes to create anonymous and aggregate reports.

When required by our Privacy Policy and the law and before we use or process your Personal Data for any other purpose, we will ask for your consent.

We collect the following information…

We collect your Personal Data as may be applicable. Your Personal Data that we collect may either be Personal Information (PI) and/or Sensitive Personal Information (SPI):

Personal Information (PI) is any information from which the identity of an individual can be reasonably and directly ascertained, or when put together with other information would directly and certainly identify an individual, such as: name, date and place of birth, specimen signature or biometrics (fingerprint, face recognition, palm print, etc.), photo, present and permanent address, source of fund or income, name of employer or the nature or self-employment or business, contact details such as personal telephone number, personal mobile number and personal email address, mother’s maiden name, and marital status

Sensitive Personal Information (SPI) is any information that falls under the category of personal information with higher security impact which we gather from the supporting documents presented, such as: government issued IDs and/or documents, cardholder data (CVV/CVC, Expiry Date) user credentials (i.e. username and password, PIN/MPIN, etc), IDs issued by private companies, student IDs for those who are not yet of voting age (below 18 years old), device ID, and geolocation.

Our way to collect your Personal Data…

There are many ways by which we collect your Personal Data. We collect your Personal Data through filled out forms which can either be printed or online or data input thru web and mobile applications. Collection of your Personal Data rely to the fullest extent possible on the original source.

We care about the security and privacy of your Personal Data…

The security of your Personal Data, in paper and electronic format, is important to us and we take reasonable steps to protect it from misuse, interference, loss, unauthorized access, modification, and unauthorized disclosure by establishing and enforcing Organizational, Physical and Technical Security Measures.

When there is a need for us to store your Personal Data with a third party data storage providers, we use contractual arrangements to ensure that those providers take appropriate measures that are aligned with Data Privacy and Information Security Policies.

We will keep copy of your registration and transaction records for 5 years in adherence with the requirement of HKMA and other laws and regulations. Your Personal Data will be destroyed in irretrievable and unusable form.

Our need to share your Personal Data…

To comply with legal and regulatory mandates, we may need to submit your Personal Data to appropriate government agencies.

We may also disclose your Personal Data to our Affiliates, Partners and/or contracted third-party providers/suppliers for processing, marketing, research and other specified legitimate purpose only after obtaining your consent on such data sharing. In instances where we are to share your Personal Data with other parties, we will ensure that your Personal Data will be secured and protected under the terms of a Data Sharing

Agreement made with parties that can demonstrate sufficient organizational, physical and technical security measures to protect your Personal Data.

In relation to the disclosure of and release by your Personal and/or Non-Personal Information, you hereby consent that your Personal and/or Non-Personal Information may be collected, deposited, kept, transferred, processed, or otherwise dealt with in another jurisdiction which may be outside of the United States jurisdiction where Cherry Technology Solution Ltd, its subsidiaries and affiliates, and third party partners may maintain their facilities and resources, in providing the Cherry Technology Solution Ltd Services.

Your way to access or correct your Personal Data…

We will process all your requests for access or correction to your Personal Data unless there are practical, contractual and legal reasons that would prevent us from doing so. You have the right to ask for copy of any Personal Data we hold about you, as well as to ask for it to be corrected if you think it is wrong.

As we care about what you think, welcome your feedback, and wish to assist you on your Data Privacy needs and concerns. Please contact us through, [email protected]

If you have any questions relating to these Terms & Conditions, your rights and obligations arising from these Terms and/or your use of the Site and the Services, your Account, or any other matter, please contact [email protected]