The debit details hereunder shall be determined by the borrower when he/she opens, clicks, selects and fills in the relevant contents of the service, and the data saved on the platform shall prevail (hereinafter referred to as the "debit information"). This part of content may be adjusted according to the adjustment of the loan interest rate. If there is any change, the specific content published or updated on the platform at the time of signing of this agreement shall prevail.
1. Definition of ranking Unless the context otherwise requires, the following terms have the following meanings
1.1 "agreement" means the first and second parts of this debit and service agreement, the debit information and any terms, details and information in all attachments.
1.2 lender: refers to the lender listed in the currency information of this agreement, which is AEX platform;
1.3 "borrower" means a natural person, legal person or other organization with full capacity for civil rights and civil conduct and able to independently exercise and assume rights and obligations hereunder, which is specified in the currency information of this agreement and is in compliance with the laws of the country where AEX platform is located (i.e., the laws of the United Kingdom). The borrower shall be a registered borrower of "AEX platform";
1.4 Guarantor refers to borrow coin information specified in this agreement of the guarantor, to meet the AEX platform of host country law (English law) with full capacity for civil rights and capacity for civil conduct and independently exercise and assume the rights and obligations under this agreement the natural persons, legal persons or other organizations, to borrow coin this borrow coin to provide joint liability guarantee.
2. On the rights and obligations of the parties
2.1 the rights and obligations of the lender and the borrower (collectively, the "parties")
2.1.1 both parties have carefully read and understood all contents hereof and are willing to perform their respective rights and obligations as agreed herein.
2.1.2 the lender has the right to know the borrower.
2.1.3 if either party successfully confirms the operation of this agreement on the website of AEX platform, it shall be deemed to accept and be bound by the terms hereof; This agreement shall be effective upon the successful confirmation by each party of the operation of this agreement.
2.1.4 This agreement shall come into force when the coin lent by the lender to the borrower enters into the account opened by the lender on the AEX platform through the services provided by the AEX platform website.
2.1.5 The borrower shall properly keep the registered debit name and password of the website of AEX platform, and bear the consequences caused by the loss, disclosure or permission of the registered debit name and password. Any action made by either party to log in through its debit name and password shall be deemed as the true intention of the party.
2.1.6 The borrower shall use the service platform of AEX platform for lawful purposes and shall not use the platform to engage in any illegal or disciplinary ACTS.
2.1.7 The borrower has the obligation to operate on the AEX platform as required by the AEX platform, and fill in his/her personal information and currency borrowing information (including but not limited to email address and mobile phone number, etc.) in a true, accurate and complete manner. Legal consequences and economic losses caused by improper personal operation or incorrect personal information or debit information shall be borne by the individual.
2.1.8 The borrower shall deposit the guaranteed currency into the guaranteed currency account at the time of signing of this agreement for freezing by AEX platform.
2.1.9 The borrower hereby irrevocably agrees that the AEX platform shall directly deduct the corresponding amount from the borrower's account (including guarantee currency account, designated currency debit account and other accounts opened by the borrower on the platform) to pay the interest (including overdue interest), liquidated damages and other expenses payable by the borrower.
2.1.10 Under this agreement, the borrower may repay the loan at any time or in a lump sum upon maturity [subject to the selection of service contents].
2.1.11 The lender shall perform the loan obligation in accordance with the loan details specified in the loan information herein, and the borrower shall perform the repayment obligation in accordance with the loan details specified in the loan information herein.
2.1.12 The website of AEX platform has the right to view the relevant information of the borrower's account and the repayment status of the borrower.
2.1.13 In particular, the borrower agrees that the lender may assign to a third party any of its claims against the borrower under this agreement.
2.1.14 As of the date of this agreement is established to all principal and interest, borrow coin information listed all the expenses for the penalty due to breach of contract (if any) before payments, to borrow coin man and himself, family, contacts between the two sides and emergency contact's work unit, address, home phone, mobile phone number, account information such as a change, should be in three days after the change of AEX platform provides the latest information after the change. Any loss suffered by itself and/or any other party as a result of failure to provide the latest information or provide false information in a timely manner shall be borne by the borrower.
2.1.15 The borrower in the whole process of the application and realization of borrowed coin, must truthfully to AEX platform to provide the required personal information and materials, borrow coin have agreed to AEX platform can borrow coin to any third party validation by people the authenticity of the information provided, and borrow coin should be provided when information was identified as false bear all the consequences and legal responsibilities.
2.1.16 AEX platform has the right to manage and use the personal information provided by the borrower and the personal information obtained by the lender through legal channels for the purpose of this agreement.
2.1.17 After successful borrowing, if the AEX platform requires the borrower to make repayment in accordance with this agreement according to the agreement, the borrower shall be obligated to make repayment unconditionally and timely according to the requirements issued by AEX platform and provide assistance to AEX platform.
2.1.18 The borrower agree: if people borrow coin before the maturity date for full return borrowed coin and related interest, AEX platform shall have the right by including but not limited to, network, newspaper, television, credit reporting system is disclosed to any third party people borrow coin payments are facts, and borrow coin especially to confirm the AEX platform can be provided by the platform at the same time disclose The borrower or borrow coin to obtain personal information.
2.1.19 Borrowers can prepay and understand that prepayments reduce the lender's interest income. The borrower specifically undertakes that if the borrower prepays the loan, the borrower shall still pay the corresponding interest and other payable expenses in accordance with the interest rate corresponding to the term of the loan and the actual number of days of the loan as agreed herein. (the term "prepayment" under this agreement only refers to the prepayment of the full amount of the debit note and the corresponding interest, which is not supported by this agreement).
2.2 Concerning the rights and obligations of the guarantor
2.2.1Guarantee scope: the loan principal, interest, liquidated damages and compensation as well as the cost of realization of creditor's rights and security real right listed in the loan information (including notarization, evaluation, appraisal, auction, litigation or arbitration, service, execution, lawyer's agency, travel expenses and all other expenses incurred in recovering the loan).
2.2.2The guarantor shall ensure that the mortgaged property has the right of ownership or (and) operation, management and disposal according to law. The source of the mortgaged property is legal and effective and there is no other burden of rights
2.2.3 the borrower and the guarantor agree that, if the borrower fails to return all the borrowed currency and interest within the specified time limit, the platform will trigger the liquidation to repay the currency. Liquidation refers to the real - time market on the day of liquidation of the collateral currency to sell, in order to return the principal and interest of the borrowed currency. The lender has the right to liquidate the position at any time after the maturity of the borrower.
2.2.4 during the period of mortgage, mortgage of property was damaged or lost, or of being charged by the lender causes the reduction of the value of the mortgaged property, the insurance coin, damages or indemnities of alternative should be regarded as the mortgaged property, deposited in the account designated by the lender to continue as the main creditor's rights guarantee, also can through the debtor and the three of a, b consultation early repayment of the debt. The guarantor's act shall not reduce the value of the mortgaged property, otherwise the lender shall have the right to demand that the guarantor cease such act. If the act has caused a reduction in the value of the mortgaged property, the guarantor shall restore the value of the mortgaged property within fifteen days or provide security corresponding to the reduction. If the guarantor fails to restore and fails to provide the guaranty as required, the lender may dispose of the mortgaged property, and the proceeds shall be used as priority to pay off the debt in advance or be converted into guarantee of security.
2.2.5 during the mortgage period, the guarantor shall not grant, transfer, lease, transfer, re-mortgage (pledge) or otherwise dispose the mortgaged property hereunder without the written consent of the lender, and the lender shall have the right to freeze the mortgaged property.
2.2.6 the lender shall have the right to dispose of the mortgaged property under any of the following circumstances:
22.214.171.124 failure of the debtor to pay off debts due (including those due in advance) or risk of performance capability;
126.96.36.199 the guarantor violates the provisions on the rights and obligations of the parties hereto;
188.8.131.52 the mortgaged property is sealed up, distrained or other compulsory measures or is under supervision according to law;
2.2.7 the guarantor knows that the loss or gain of the mortgaged property may occur due to the fluctuation of market price, which does not affect the mortgage term frozen by the lender, and the guarantor shall not ask the lender to return or unfreeze any part beyond the scope of guarantee.
2.2.8 the guarantor agrees that, when the guarantor realizes the mortgage right, the value of the mortgaged property shall be calculated from the market value on the day of disposal.
3. Commitments and warranties of the parties
3.1 the borrower is hereby identified as a natural person with full capacity for civil rights and full capacity for civil conduct and is entitled to sign and perform this agreement.
3.2 the borrower shall truthfully provide personal information (including but not limited to name, id number, education background, contact information, contact address, occupation information, contact information, etc.) and the purpose of the loan as required by the lender from time to time. The borrower undertakes and warrants that all information it provides to the lender is true, complete and valid.
3.3 the borrower must notify the lender in writing within 2 working days from the date of occurrence of any change in work unit, position, work place or any other event that may affect or cause the borrower's economic situation to deteriorate or reduce his repayment ability.
3.4 the borrower undertakes that it shall not use the AEX platform for cash out, coin laundering or other illegal and disciplinary ACTS, otherwise it shall bear legal liabilities and consequences arising therefrom according to law.
4.Liability for breach of contract
4.1 if the borrower causes losses to the lender due to breach of contract, it shall be liable for compensation.
4.2 any one or more of the following shall be deemed as default by the borrower:
(1) The borrower violates any promise or guarantee made in this agreement;
(2) The borrower's important property is subject to such adverse events as confiscation, requisition, sealing up, distrainment and freezing that may affect its ability to perform, failing to timely give a written notice to the other parties or failing to timely provide effective remedial measures;
(3) The borrower's financial situation materially affects its ability to perform the contract, and fails to give a written notice to other parties in time, or fails to take effective remedial measures in time.
4.3 In the event that the lender reasonably judges that a default has occurred or is likely to occur, the lender shall be entitled to take one or more of the following remedies:
(1) Immediately suspend or cancel the issuance of all or part of the currency;
(2) Announce that all the borrowed money has been issued due in advance, and require the borrower to repay all amounts payable or liquidate the position immediately;
(3) Termination of this agreement;
(4) Adopt laws, regulations and other remedies agreed herein.
5. special reasons
5.1 Before confirming the conclusion of this agreement, the borrower has carefully read all the terms of this agreement and all the contents of the legal statements, operations and applicable rules issued by the lender, has known, understood and accepted the above documents, and agrees to use them as the basis for determining the rights and obligations of both parties. The loan/guarantee rules published on the lender's website shall be an integral part of this agreement, and the acceptance of this agreement by the borrower shall be deemed to be an understanding and acceptance of the entire contents of The loan/guarantee rules. This agreement includes the body of this agreement and all rules, statements and instructions that have been or may be issued by the lender. All rules, statements and statements shall be an integral part of this agreement and shall have the same legal effect as the text of this agreement.
5.2 The borrower agreed that for the security of the borrower's account and its digital currency, according to the provisions of this agreement, the provisions of the laws and regulations and legal documents, the government in accordance with the requirements of the administrative functions and powers and think the AEX platform based on discretion may cause risks in the borrower’s account, AEX platform has the right to freeze all or part of the accounts under the borrower's name, that is, temporarily close some or all of the access to these accounts. When the freeze happens, if the borrower applies for thawing, the website has the right to decide whether to allow the thawing in whole or in part in accordance with the reasons mentioned above in this provision at its own discretion, The borrower shall fully understand that the application for thawing is not necessarily allowed, and the borrower shall cooperate with the relevant requirements of the website to verify the identity of the borrower at the time of the application for thawing, and provide, including but not limited to, the identity information, id card, passport, other valid identification documents and other information or documents required by the company.
5.3 The platform has the obligation to cooperate with the judicial and administrative authorities to freeze or deduct the assets of the borrower or the digital assets in the account or the digital assets used for mortgage, which involve civil and criminal administrative or judicial procedures. The platform shall not assume any responsibility for the aforementioned cooperation.
5.4 AEX platform is unable to operate normally due to the following conditions, which make the borrower unable to use the services. AEX platform is not liable for damages, including but not limited to:
5.4.1 During system downtime as announced by the platform;
5.4.2 Failure of telecommunication equipment to transmit data;
5.4.3 Due to force majeure such as typhoon, earthquake, tsunami, flood, power failure, war, terrorist attack, etc., the platform system is obstructed and the business cannot be carried out;
5.4.4 Service interruption or delay caused by hacker attack, computer virus invasion or attack, technical adjustment or failure of telecommunication department, website upgrade, bank problem, temporary shutdown caused by government regulation and other reasons affecting normal operation of network;
5.4.5 Losses caused by technical problems that cannot be predicted or solved by the existing technical strength of the industry;
5.4.6 Losses resulting from the fault or delay of a third party to the loaner or any other third party.
Abnormal transaction, market interruption and other possible abnormal situations that may be caused by system failure, network failure, DDos and other unexpected factors, the platform has the right to cancel the abnormal results and rollback all the data in a certain period of time according to the actual situation.
5.5 The borrower shall abide by laws and regulations and shall properly use and keep the security of its account number and password, fund password on the platform, mobile phone number bound at the time of registration, and mobile phone verification code received by the mobile phone. The user shall take full responsibility for any operation and consequences of using the platform's account and password, fund password and mobile verification code. When the user finds that his/her account, password, or fund password or verification code on the platform are used by a third party without his/her authorization, or there are other account security problems, he/she shall immediately and effectively notify the platform and request to suspend the service of the account. AEX platform shall have the right to take action against such request of the borrower within a reasonable time, but shall not be liable for any loss already suffered by the borrower prior to such action. Without the written consent of the platform, the user shall not give, borrow, rent, transfer or dispose of the account of the platform to others. If the digital assets, funds or other rights and interests of the account are damaged due to the borrower's failure to properly keep the above mentioned password, it shall be deemed that the borrower has withdrawn or operated on its own, and the AEX platform shall not assume any responsibility.
5.6 The borrower knows that the value of the digital asset will rise or fall due to market factors. The borrower should control the risk by himself, evaluate the investment value and risk of the digital asset, and bear all the economic risks of the loss.
5.7 When using this service, if the borrower gains unjustly due to some undiscovered loophole in the trading rules of the website, AEX platform will contact the borrower to recover the money, and the borrower must effectively cooperate. Otherwise, the AEX platform will take recourse measures including but not limited to restricting account operation, freezing account funds and taking judicial procedures, etc. The borrower shall also bear the recourse costs incurred to the AEX platform due to the borrower's failure to effectively cooperate.
6. on assignment of claims
6.1 If the lender transfers the creditor's rights hereunder to a third party in accordance with the rules of AEX platform website and provisions hereof, the lender entrusts the website of AEX platform to send the notice of assignment of creditor's rights to the registered mailbox filled in by the borrower at the time of registration. The notice shall be deemed to have been delivered when it reaches the registered mailbox of the borrower.
6.2 After the transfer of the creditor's rights of the lender, the borrower shall continue to perform all its obligations to the lender under this agreement with the new creditor, and shall not refuse to perform the repayment obligation without receiving the notice of transfer of the creditor's rights.
7. on the application and jurisdiction of law
7.1This agreement and the relevant disputes shall be governed by and construed in accordance with the laws of tuvalu. All disputes arising from or in connection with this agreement shall be submitted to The Hong Kong International Arbitration Center for Arbitration in Chinese in Hong Kong, China.
7.2 During litigation/arbitration, The provisions of this agreement that do not involve disputes shall still be performed, and neither party shall, by reason of dispute resolution, refuse to perform any of its obligations under this agreement.
8. Article 8 on others
8.1 The annex of this agreement is an integral part of this agreement. The title of any clause of this agreement is provided only for convenience of reference and reading and shall not be used to explain the basis of any provision of this agreement.
8.2 This agreement is entered into by the borrower by clicking "confirm" on the AEX platform.