1. The client of the Company ("Client") understands and agrees that NewBX Limited (the "Company", and references to the Company hereinto shall be to the Company and the Associated Entity (defined below), unless otherwise specified) and/or its wholly-owned subsidiary NewBX Treasures Limited (the "Associated Entity"), which holds a Trust or Company Service Provider Licence issued by the Companies Registry of Hong Kong (Licence No. TC009090), may hold on behalf of the Client all Virtual Assets and/or fiat currencies which the Client deposits with the Company. The Client understands that the Company holds client assets (client virtual assets and client fiat currencies) on trust for clients through the Associated Entity - which acts as the custodian of the Company, on the terms and conditions agreed by the Company and Client. The Client understands that the Company may commingle such Virtual Assets with other Virtual Assets held by the Company or the Associated Entity on behalf of other clients. Subject to any applicable laws, any Virtual Assets and/or fiat currencies which are held by the Company on behalf of the Client may: (i) (in the case of Virtual Assets that are registrable securities) be registered in the Client's name or in the name of a nominee appointed by the Company; or (ii) be deposited in safe custody in a designated account with the Associated Entity;
2. Where Virtual Assets and/or fiat currencies are held by the Company or the Associated Entity on the Clientʼs behalf: (i) any income, payments or other distributions or benefits arising in respect of such Virtual Assets and/or fiat currencies will, when received by the Company, be credited to the Accounts or paid or transferred to the Client, as agreed with The Company.
Where the Virtual Assets and/or fiat currencies form part of a larger holding of identical Virtual Assets and/or fiat currencies held for other clients, the Client will be entitled to the same share of the income, payments or other distributions or benefits arising on the holding as the Clientʼs share of the Virtual Assets and/or fiat currencies out of the total holding of the Virtual Assets and/or fiat currencies on Bixin.com; (ii) the Company will use its reasonable efforts to give the Client notice of any necessary information which the Company receives in relation to any calls, rights, benefits, entitlements or obligations attached to or derived from such Virtual Assets and/or fiat currencies which require Instructions from the Client. This includes the treatment of the Client's Virtual Assets and/or fiat currencies and their respective rights and entitlements when events such as, but not limited to, Voting, Forks and Airdrops occur; (iii) the Company or the Associated Entity may, but without any obligation or liability whatsoever, exercise any rights or perform any actions which may be exercisable in relation to any such Virtual Assets and/or fiat currencies held for the Accounts, and where the Client has provided the Company or the Associated Entity with any necessary Instructions and executed any applicable authorizations; (iv) the Company will be under no duty to investigate, participate in or take affirmative action concerning attendance at meetings, voting or other rights attached to or derived from such Virtual Assets and/or fiat currencies except in accordance with the Clientʼs Instructions; (v) the Company will have no duty or responsibility to receive in respect of any proxy, circular, or other document in respect of the Virtual Assets (which are “securities” under the SFO) or to send any proxy, circular or other document or to give any notice of the receipt of the same to the Client except in accordance with the Client's Instructions; (vi) if the Company does not receive any Instructions or within what it deems to be a sufficiently reasonable time, the Company may take or omit to take any action; (vii) the Client acknowledges and agrees that it will be liable and the Company will have no responsibility for any liabilities in respect of unpaid calls or any other sums, costs or expenses payable in respect of any Virtual Assets and/or fiat currencies held by the Company on the Clientʼs behalf; (viii) to the extent permitted by Applicable Laws, the Company will not be liable for the acts, omissions and/or insolvency of the custodian appointed by the Company. The Companyʼs only obligation to the Client in respect of the same is, at the Client's cost and expense, to assign to the Client any rights of recourse in respect of the custodians where the same are capable of being assigned under any applicable laws; and (ix) the Company is entitled to, at any time, close any such custody Account(s) maintained in the Clientʼs name and/or on the Clientʼs behalf without providing any reason for doing so.
3. The Client further understands that the Clientʼs Virtual Assets may not enjoy the same protection as that conferred on "securities" as defined in the SFO, the Client Securities Rules or any other applicable laws. Where the Clientʼs money is received or held outside Hong Kong (if and when deposits of fiat currencies are accepted on Bixin.com), such assets may not enjoy the same protection (including the protection under the Client Money Rules) as that conferred on Client's fiat currencies received or held in Hong Kong.
4. In compliance with the Guidelines for Virtual Asset Trading Platform Operators, the Company and the Associated Entity have purchased certain commercial insurance for the Virtual Assets held in custody by the Associated Entity. The coverage includes at least 50% of client virtual assets stored in cold storage and 100% of client virtual assets stored in hot and other storages held by our Associated Entity.
In general, the Company's insurance policy insures or protects clients against hacking, loss, damage, destruction or theft of digital assets in custody caused by the fault of the Company and/or the Associated Entity, subject to certain policy or contractual exclusions. However, the insurance policy does not cover any losses resulting from unauthorized access to the Client's personal account(s) due to a breach or loss of the Client's credentials. The Client agrees and understands that the Client is solely responsible (and the Client will not hold the Company and/or Associated Entity responsible) for managing and maintaining the security of the Client's account login credentials and any other required forms of authentication.
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