Payments & FX Product Schedule
ASPIRE PAYMENTS & FX PRODUCT SCHEDULE
1. Introduction
1.1. This Aspire Payments & FX Product Schedule (“Payments & FX Schedule”) sets out the terms and conditions applicable to your Aspire Account and are supplemental to and forms part of the Terms. Please read them carefully together with the Master Service Agreement and the other Product Schedules (as applicable). The parties to this Payments & FX Schedule are Aspire and you / the Customer.
1.2. By electronically accepting or acknowledging the terms and conditions of this Payments & FX Schedule on our Platform or by signing up for an Aspire Account, you are deemed to have read and accepted this Payments & FX Schedule.
1.3. Aspire may amend, supplement, delete and/or vary any part of this Payments & FX Schedule at any time with notice, and such changes shall take effect on the date specified in the notice. The Customer’s continued use of the Payments & FX Services after any such changes, shall constitute consent and acceptance of this Payments & FX Schedule (as may be revised from time to time).
1.4. Capitalised terms used in this Payments & FX Schedule but not defined have the meanings given in the Master Service Agreement.
2. Services
When you open your Aspire Account with Aspire, you will be provided with the services below (“Payment & FX Services”):
2.1. Multi-currency Account. The Multi-currency Account is a multi-currency account that allows you to hold, payout, and collect funds. The Multi-currency Account can support multiple currencies that are a Supported Currency.
2.2. Collection. Collection is a collection service where Aspire will provide you with virtual account details for the purpose of collecting or receiving funds in the Supported Currencies from payers in the Supported Jurisdictions (“Account Details”). The Account Details are for collection purposes only and do not represent separate bank or payment accounts held in your name with Aspire’s Affiliates, banks or other third party financial service institutions (“Service Providers”), with which Aspire may work with to provide the Collection services.
2.3. Payout. You may instruct Aspire to transfer funds from your Multi-currency Account to a third party payee (“Payout”) Aspire may work with Service Providers to make a Payout. You agree to comply with the requirements of Service Providers as well as terms and conditions of the Master Service Agreement.
2.4. FX Conversion. The FX Conversion service is a service to convert one currency to another currency at an agreed FX rate and may be used in connection with Collection or Payout.
3. Multi-currency Account
3.1. The Multi-currency Account is a virtual payment account provided by Aspire to hold, payout, and collect funds from any party. Each Customer may have one or more Account Details that are linked to the Customer’s Multi-currency Account as requested by the Customer and subject to the sole direction of Aspire to grant such additional Account Details. Aspire may impose additional control to limit the issuance of multiple Account Details to the Customer.
3.2. Your Multi-currency Account can hold balances in multiple Supported Currencies as offered by Aspire, which may change from time to time at our discretion. Upon account creation, you'll be assigned a default Supported Currency based on your region. You may request to add other Supported Currencies, subject to Aspire's approval. Please note that some Supported Currencies may not be available in your region due to regulatory requirements or operational considerations. The availability and use of currencies in your Multi-currency Account are subject to this Payments & FX Schedule and any Applicable Law.
3.3. The Multi-currency Account can be topped up by way of a bank transfer to the designated Account Details of the Multi-currency Account. Furthermore, you can receive funds to your Multi-currency Account from a third party who initiates a transfer through the Collection service in accordance with Clause 6 below.
3.4. When transferring monies to your Multi-currency Account, such transfer of funds is a service provided by a third party and Aspire has no control over the time it may take for clearing and settlement. Any delay on reflecting the balance in your Multi-currency Account during the fund-in-transit process is outside of Aspire’s control. Aspire shall only credit and reflect the balance to your Multi-currency Account after duly receipt and sight of funds into Aspire.
3.5. Aspire may need to reverse a transaction, which may involve either deducting funds previously credited to your Multi-currency Account or returning funds previously debited from your Multi currency Account. Such reversals may occur in the following situations:
(a) When the original sender or their payment service provider initiates or is likely to initiate a reversal of the transaction.
(b) If funds have been transferred to you erroneously or your Multicurrency Account has been credited or debited by mistake.
(c) In cases where you have provided Aspire with inaccurate or incorrect transaction instructions.
(d) If Aspire has reasonable grounds to suspect that a transaction is fraudulent or violates this Payments & FX Schedule, our Acceptable Use Policy, or any Applicable Law.
(e) When a payment provider or financial institution involved in the transaction requests a reversal for any reason.
(f) If the transaction appears to be related to activities that contravene any agreement between you and Aspire, or any Applicable Law.
(g) If the transaction was made as a result of a technical error or system malfunction.
(h) If we need to correct a misapplied or erroneously processed transaction.
Pursuant to Clause 13 of this Payments & FX Schedule, in addition to deducting or returning funds to your Multi-currency Account, we have the right to combine and consolidate all or any of your Aspire Account(s), and to set off and deduct from any of your Multi-currency Accounts the amount owed.
3.6. Aspire reserves the right to deduct the reversed amount from your Multi-currency Account balance. If your Multi-currency Account has insufficient funds to cover the reversal, you are obligated to reimburse Aspire for the deficit immediately upon our request. Aspire may, at its discretion, reverse transactions in the original transaction currency or convert the reversal amount to a different currency at the prevailing exchange rate.
3.7. You agree that if funds are credited to your Multi-currency Account by mistake, we may, once we are aware of the mistake, immediately deduct the funds from your Multi-currency Account. You further agree that you have no claim, rights or interest to funds credited to your Multi-currency Account by mistake. We will tell you about the mistake and the amount we have deducted. If you have used or transferred the funds from your Multi-currency Account, you must return the funds to us as soon as we have told you about the mistake.
4. Security and Acceptable Use of Your Aspire Account
4.1. You are responsible for ensuring that the username and password to your Aspire Account are kept securely and that all Electronic Instructions, notices and documents provided to us are complete, accurate and properly initiated by your Authorised Users.
4.2. We may decide to change your Account Details(s) number(s) if we have to do so based on the requirements of our financial partners or prevailing laws and regulations. However, we will tell you before we do this and shall provide you with a reasonable timeline beforehand to assist in the transition to the new Account Details(s) number(s).
4.3. You acknowledge and accept that any limitation or impairment in your ability to use, access and operate the Aspire Account or any Payment & FX Services may be due to factors outside the control of Aspire. This includes acts of third parties who are not acting on behalf of Aspire (including third party service providers or any other member of the Aspire Group), technical conditions of the internet that cannot be influenced by Aspire, and Force Majeure Events. The hardware, software and any other technical infrastructure that you use can also influence your ability to use, access and operate the Aspire Account or any Payment & FX Services. You acknowledge and accept that your usage of any such hardware, software and any other technical infrastructure shall be at your own risk.
4.4. You shall, under no circumstances and whether with or without your knowledge, use or allow the use of the Aspire Account to effect any transaction which would contravene the laws of any jurisdiction. You also agree not to use funds or authorise the use of funds in the Multi-currency Account in relation to prohibited or restricted activities or industries listed in our Acceptable Use Policy, or in countries subject to sanctions (which means any economic sanctions, laws, regulations, embargoes or restrictive measures administered, enacted or enforced from time to time including by (i) the Monetary Authority of Singapore; (ii) the European Union; (iii) the United Nations; (iv) the United States of America; or (v) any other relevant sanctions authorities).
4.5. You are fully responsible for ensuring that you only authorise or make payments from your Aspire Account to persons or entities in connection with commercial transactions in compliance with Applicable Laws. At no time and under no circumstances shall you or any of your representatives use the Aspire Account or any Payment & FX Service in connection with any illegal activities including but not limited to sanctions, money-laundering, fraud and the funding of terrorist organisations. If you are in doubt as to the legality of a supply or purchase or the legality of any funds, you should not continue with, permit or facilitate such transaction.
5. Electronic Instructions
5.1. Any Electronic Instruction relating to the operation of your Aspire Account (including any Electronic Instructions for the debiting and crediting of your Multi-currency Account) must be directed to or via Aspire unless otherwise notified to you.
5.2. When you use your Aspire Account, you are authorising Aspire to act as your intermediary only with respect to holding, sending, or receiving funds.
5.3. You may give Electronic Instructions to Aspire to:
(a) receive payments into or make payments out of your Aspire Account using such channels, payment gateways and methods as may be available on the Platform from time to time;
(b) effect foreign currency transactions (including FX Conversions) on your Aspire Account by means of the use of channels, payment gateways and methods as may be available to you from time to time; and
(c) accept and act on Electronic Instructions from your Authorised Users, whether or not related to or employed by your company or business, relating to the operation of your Aspire Account.
5.4. In relation to the foregoing, you authorise and agree that Aspire shall be entitled to send and disclose such Electronic Instructions from you to such other Affiliate(s) or party(ies) for the purposes of effecting your Electronic Instructions.
5.5. You acknowledge and agree that Aspire may work with its Affiliates to effect FX Conversion instructions. The indicative foreign exchange rate in respect of a proposed FX Conversion (“Indicative FX Rate”) will be made available to you via the Platform or otherwise before you make such an instruction. We will use reasonable efforts to ensure that the foreign exchange rate applied is as similar as possible to the Indicative FX Rate quoted to you. You acknowledge and agree that such differences, if any, will come into effect immediately without notice to you.
5.6. You acknowledge that cross-border money transfers you wish to make from, or receive into, your Multi-Currency Account, are subject to the applicable terms and conditions of the relevant Affiliate or Service Providers providing the cross-border money transfer service as set out on the Platform or otherwise notified to you. You are advised to read the applicable terms and conditions carefully before performing any cross-border money transfer. You can find the Service Provider terms here.
5.7. Aspire shall be entitled to rely on any Electronic Instruction, notice, certificate, report or document believed by it to be genuine and correct, and shall be under no duty to inquire into or investigate the validity, accuracy or content of any such Electronic Instruction, notice, certificate, report or document.
5.8. Notwithstanding anything else herein contained, Aspire may refrain without liability from doing anything that would or might in its opinion be contrary to any law of any state or jurisdiction or any directive or regulation of any agency of any such state or jurisdiction and may without liability do anything which is, in its opinion, necessary to comply with any such law, directive or regulation. In the event that Aspire receives Electronic Instructions which, in its opinion, are unclear or conflicting or which conflict with any of the provisions of this Payments & FX Schedule, it shall be entitled to refrain from taking any action until it receives such confirmations and clarification from the Customer to its satisfaction.
5.9. We shall have the right to determine the order of priority in effecting the Electronic Instructions and any other existing arrangements which you have made with us.
5.10. Unless otherwise expressly provided, all Electronic Instructions shall continue in full force and effect until cancelled or superseded. Electronic Instructions may be reversed, amended, cancelled or revoked by you only with Aspire’s consent. If you have given us Electronic Instructions to transfer funds from your Multi-currency Account in error, we will use reasonable efforts to recover the sum for you. An Electronic Instruction may not be reversed, amended, cancelled or revoked if Aspire reasonably determines that it would not be possible to give effect to any reversal, amendment or revocation (such determination may take into account factors relating to the Affiliate(s) involved in the transaction, if applicable).
6. Collection Service
6.1. You may receive funds into your Multi-currency Account using the provided Account Details. Funds received will be credited to your Multi-currency Account in the currency assigned in the Account Details (“Primary Currency”). If the Primary Currency of the funds to the Multi-currency Account is not a Supported Currency, then Aspire shall convert such funds into one of the Supported Currencies with the prevailing market rate. The receipt of funds is subject to compliance with Applicable Law. Aspire reserves the right to reject or return any incoming funds that do not comply with our policies or Applicable Law.
6.2. When funds are transferred to your Account Details in a currency different from the Primary Currency , the received funds will be automatically converted to the Primary Currency you have designated for that Account Detail. This conversion will be executed at the Indicative FX Rate.
6.3. You are responsible for providing correct Account Details to any third parties sending you funds. Aspire is not responsible for any delays or errors resulting from incorrect Account Details provided to third parties. If you provide the Account Details to a third party, you must not impose any surcharge or fee for accepting payments to the Account Details provided by Aspire.
6.4. If payment into your Multi-currency Account is made by any method which needs clearing and settlement, or through domestic or international transfer of funds, we do not have to credit your Multi-currency Account before we actually receive the funds. You shall not have any right to or interest in any incoming funds into your Multi-currency Account until we receive them in cleared funds.
6.5. If Aspire credits your Multi-currency Account in contemplation of receiving funds for your credit and those funds are not actually received by Aspire, or on the faith of a transaction which is subsequently set aside or revoked, or if Aspire does not receive funds for your credit for value on the date advised by or on your behalf, Aspire shall be entitled to debit your Multi-currency Account with the amount previously credited together with any other charges and Fees as Aspire may impose.
6.6. Aspire reserves the right not to accept, and to return without interest to the remitter of funds, the amounts received for transfer to you, if the aggregate amount of such funds exceeds any statutorily allowed amounts or to comply with such laws, regulations, orders or guidelines issued by any government or regulatory authority.
7. Payouts Services
7.1. You can initiate Payouts from your Multi-currency Account or Advance Account through the Platform. To set up a Payout, you must provide all necessary information as prompted, including but not limited to the recipient's full name, bank account details, and the amount and currency of the Payout. You are responsible for ensuring the accuracy of all information provided for Payouts.
7.2. If you wish to initiate Advance Payouts from your Advance Account, subject to our due diligence towards you to grant the Advance Line, you agree to adhere and shall be subject to the terms and conditions under the Advance Product Schedule.
7.3. Aspire supports various Payout methods, which may include bank transfers, internal transfers to other Aspire accounts, and other methods as specified on the Platform. Available Payout methods and currencies may vary depending on the recipient's location and other factors. Aspire reserves the right to add, modify, or remove Payout methods at any time without prior notice.
7.4. If a Payout requires currency conversion, Aspire will display the Indicative FX Rate before you confirm the transaction. Exchange rates are determined by Aspire based on prevailing market rates and may include a margin. The FX Conversion terms and conditions as stipulated in Clause 8 shall apply here.
7.5. Fees for Payouts will be clearly displayed before you confirm the transaction. Fees may vary based on the Payout method, destination country, currency, and other factors and such Fees are inclusive and shall be deducted from your Payout amount directly.
7.6. Aspire may impose limits on Payout amounts, frequency, or cumulative value over a period. Limits may be based on factors such as your account status, verification level, and regulatory requirements. Aspire reserves the right to delay or refuse any Payout that exceeds these limits or raises compliance concerns.
7.7. The time it takes for the recipient to receive funds may vary depending on the recipient's bank or payment service provider. Aspire is not responsible for any delays caused by the recipient's financial institution or any intermediary banks involved in the Payout process.
7.8. You may request to Aspire for Cancellation of a Payout transaction before it has been processed by Aspire. Once a Payout has been processed, it may not be possible to Cancel the transaction. If Cancellation is possible after processing, it may be subject to fees and currency exchange rate fluctuations.
7.9. If a Payout fails or is rejected, Aspire will make reasonable efforts to notify you promptly. Funds from failed or rejected Payouts will be returned to your Multi-currency Account. Any fees incurred for the failed Payout may not be refundable, and additional fees may apply for returning the funds.
7.10. Aspire may require additional verification or information for certain Payouts as part of our compliance and security procedures. Aspire reserves the right to delay, block, or refuse any Payout that we reasonably believe may violate Applicable Law or our Acceptable Use Policy.
7.11. You are responsible for providing accurate and complete recipient information for all Payouts. Aspire is not liable for any loss or delay resulting from you providing incorrect or incomplete Payout instructions. You agree to cooperate with any inquiries related to Payouts and to provide any additional information or documentation that Aspire may reasonably require.
7.12. If you request Aspire to conduct a Recall, we will make reasonable efforts to do so, but cannot guarantee success. Any costs incurred in recalling or tracing a Payout will be borne by you and may be deducted from your Multi-currency Account. If a Recall is successful, the returned amount may be less than the original Payout amounts due to fees and exchange rate fluctuations.
8. FX Conversion
8.1. Aspire offers currency conversion services allowing you to exchange funds between Supported Currencies within your Multi-currency Account. FX Conversions can be executed immediately, subject to availability. You may convert currency as part of a transfer to a third party, within your Multi-currency Account, or when receiving funds in a currency that is not a Supported Currency.
8.2. A list of Supported Currencies for FX Conversions is available on the Platform. Aspire reserves the right to add or remove Supported Currencies at any time, with reasonable notice provided to users.
8.3. FX Conversion rates are provided in real-time through the Platform when you initiate a conversion. Exchange rates are subject to change rapidly due to market conditions, and the rate applied will be the rate in effect at the time of executing the conversion and displayed to the Customer before confirmation of the order.
8.4. Aspire may impose minimum and maximum limits on FX Conversion amounts. Limits may vary based on factors such as currencies involved, your account status, and market conditions. Aspire reserves the right to adjust these limits at any time, with notice provided where possible.
8.5. You must have sufficient funds in your Multi-currency Account to cover the full amount of any FX Conversion (including fees). Aspire may decline your instructions if you have insufficient funds or if you exceed any applicable limits. The amount specified in the FX Conversion confirmation becomes due and payable to Aspire on the date specified in the confirmation.
8.6. In the event of market disruption, Aspire may revise or suspend FX Conversions for affected currency pairs. If an FX Conversion is executed at a rate that clearly and materially deviates from the market price due to a technical error, Aspire may declare the conversion void and process it at the correct rate.
8.7. FX Conversions involve risks due to exchange rate fluctuations. Aspire does not provide any guarantee of profits or against losses from FX Conversions. You are responsible for assessing the suitability of any FX Conversion for your needs and financial situation.
8.8. Aspire may monitor FX Conversion activities to ensure compliance with Applicable Law and our policies. We may request additional information or documentation to support your FX Conversion instructions. Aspire reserves the right to refuse or limit FX Conversions that we believe may violate Applicable Law or our policies.
9. Interest, Fees, and Charges
9.1. No interest will accrue or be payable to you in respect of the amounts standing to the credit of your Multi-currency Account.
9.2. You must pay all Fees, charges (including foreign-exchange commission or charges), costs, expenses and commissions in relation to your Aspire Account and our services (including those facilitated or effected by our Aspire Group members) at the rates which apply at that time.
9.3. Aspire may, at its option, charge you or debit your Multi-currency Account for services or other out of pocket costs and expenses incurred by Aspire in relation to the opening, maintenance and operation of your Aspire Account (including but not limited to processing fees for fund transfers from outside of Hong Kong to your Multi-currency Account) in accordance with its fee arrangements from time to time. Such fees, costs, charges, if any, will be published on the Platform or otherwise notified to you, and be subject to change at Aspire’s discretion without prior notification to you.
9.4. All payments to be made to Aspire shall be in full, without set-off or counterclaim and free of any deductions of any kind on account of taxes, including where applicable goods and services, value added and/or withholding taxes. Accordingly, Aspire shall be entitled to gross up its invoices to include applicable taxes.
10. Transaction Screening
10.1. You agree and accept that Aspire may take such steps and require such information from you as Aspire deems necessary to:
(a) verify and authorise the source of funds in your Multi-currency Account or to be credited to your Multi-currency Account;
(b) verify and authorise the identity and location of the recipient of the funds to be debited from your Multi-currency Account; and/or
(c) verify the purpose of any other transaction relating to your Aspire Account and/or the Payments & FX Service that you wish to use,
in each case when you operate or attempt to operate your Aspire Account and when you use any of the Payments & FX Services.
10.2. Any transaction screening and verification check that we (and, if applicable, any other Affiliate) perform may increase the time it takes to process your Instruction. You agree and accept that Aspire shall not be responsible or liable to you or any party for any losses, claims, damages, fees, costs, expenses or delays that may arise in connection with any such transaction screenings and verification checks.
11. Your Responsibilities
11.1. It is your responsibility to do the following:
(a) Keep secure and confidential your password or any identification we provide you which allows access to the Aspire Account and any related Payments & FX Services.
(b) Keep your device’s browser, operating systems and anti-virus software (where applicable) up-to-date in order to ensure that your access to the Aspire Account is secure.
(c) Only use an access point or device which you are authorised to use to access the Aspire Account and any related Payments & FX Services.
(d) Monitor your Aspire Account and promptly report to us any unauthorised payments or transfers from your Aspire Account or of any suspicious matter to do with your Aspire Account.
(e) Promptly tell us in writing about any change in your postal address, phone number, fax number or email address that we use to communicate with you, or any relevant change to any of your information we have in our records (including the identities of your authorised users and their respective scope of authority in relation to your Aspire Account). You must also send us any documents we need to support this change. We will need at least seven (7) Business Days from receiving this information to change our records, after which the updated change will apply.
(f) Take reasonable care and precautions and have adequate internal-control procedures and security arrangements to prevent fraud, forgery or other unauthorised use of your Aspire Account and all related Payments & FX Services.
(g) Tell us immediately if you become aware of any actual or suspected fraud, forgery or other unauthorised use of your Aspire Account or any other matter concerning your Aspire Account and all related Payments & FX Services that you think looks suspicious, and provide relevant information to us so that we can investigate the matter.
(h) Ensure that your representatives and Authorised Users are aware of and comply with the terms of this Payment & FX Schedule at all times.
12. Termination and Suspension of Your Aspire Account
12.1. This Payments & FX Schedule and your Aspire Account shall remain valid until terminated by Aspire or you in accordance with the terms of this Payments & FX Schedule and the Master Service Agreement. You may terminate your Aspire Account at any time by giving us instructions to do so.
12.2. Aspire may restrict, freeze, terminate, suspend your Aspire Account at any time without having to give any reason or notice to you. Without prejudice to the generality of the foregoing, Aspire may restrict, freeze, terminate, suspend your Aspire Account at any time without reason or notice in accordance with the terms of the Master Service Agreement.
12.3. When your Aspire Account is terminated or suspended, we may at our discretion suspend or end all Payments & FX Services in connection with your Aspire Account.
12.4. Upon the termination of your Aspire Account, any accrued liabilities and all obligations under this Payments & FX Schedule will remain continuing and we shall remain entitled to debit from your Aspire Account any amount outstanding and owing to us, including any overdrawn amounts (if any), costs, expenses, fees, commission, charges and payments owing from transactions carried out before the termination of your Aspire Account, and any other charges you owe on your Aspire Account.
12.5. The rights conferred on Aspire under this Clause 12 shall survive termination.
13. Set Off and Consolidation
13.1. If you owe us any money, Fees, interest, commission, costs, tax, charges or other amounts (whether due immediately or later, whether liquidated or unliquidated), or if we for any reason deem any transfer to be fraudulent, or if we need to reverse any transactions, we have the right, at any time, without giving you notice, to set off and deduct from any of your Multi-currency Accounts the amount owed, even if this would make your Multi-currency Account(s) overdrawn. To do this, we may also combine or consolidate all or any of your Aspire Accounts with us, whether your Aspire Accounts are held in your name only or jointly with others. If we need to convert currency, we will do so using our currency exchange rate in force at the time at our discretion.
13.2. Aspire is entitled to apply any and all payments it receives from or for your Aspire Account in such manner and order and to such transaction as it may determine or select regardless of any specific appropriation made by you or any person making such payment(s).
14. Definitions and Interpretations
In this Payments & FX Schedule:
“Acceptable Use Policy” means the acceptable use of the Aspire Account, the Services, and the Platform, as published at https://aspireapp.com/tnc/acceptable-use-policy and updated from time to time.
“Account Details” means the unique identifiers provided by Aspire for your Multi Currency Account to facilitate the receipt of funds.
“Advance Account” means an advance account granted to the Customer by Aspire in respect of the Advance Line with further terms as stipulated in the Advance Product Schedule.
“Advance Line” means an advance line provided to the Customer by Aspire’s Affiliates with further terms as stipulated in the Advance Product Schedule.
“Advance Payout” means a payout initiated from the Advance Account.
“Advance Product Schedule” means the advance product terms and conditions which can be accessed here.
“Cancel” or “Cancellation” means the act of requesting Aspire to stop a payout before it has been processed. Cancellation is only possible during the brief window between when you submit a payout instruction and when Aspire begins processing it. Once Aspire has started processing the payout, cancellation is no longer possible, and any attempt to stop the payout would be considered a Recall.
“Collection” has the meaning given in Clause 2.2.
“FX Conversion” has the meaning given in Clause 2.4.
“Indicative FX Rate” has the meaning given in Clause 7.5.
“Multi-currency Account” has the meaning given in Clause 2.1.
“Payment & FX Services” has the meaning given in Clause 3.
“Payout” has the meaning given in Clause 2.3.
"Recall" means the act of requesting Aspire to attempt to retrieve funds from a payout that has already been processed and sent. A Recall is initiated after Aspire has processed the payout and the funds have left Aspire's system.
“Supported Currency” means the currencies in which Aspire allows you to hold, convert, send, or receive funds through the Multi-currency Account, as specified on the Platform which can be discontinued or updated from time to time by Aspire.
“Supported Jurisdictions” the jurisdictions in or to which Aspire allows you to collect or pay out funds from your Multi-currency Account.
EXHIBIT A - JURISDICTION-SPECIFIC TERMS FOR HONG KONG
1. The following clauses shall be added to Clause 1:
“1.5 Aspire is a technology service provider and provides, either directly or through intermediaries, various services to facilitate the Customer’s use of its Aspire Account on the Platform. Aspire does not conduct any banking business and does not provide any regulated banking services in Hong Kong that are regulated by the Hong Kong Monetary Authority.
1.6 Consumer advisory: AFT HK Limited has obtained a Money Service Operator (MSO) License issued by the Hong Kong Customs and Excise Department.”
2. The following definition shall be added:
“Beneficiary Account” means your local beneficiary bank account into which you wish to receive distributions from your Aspire Account balance through the Aspire Account Services, as instructed by you to us through your Aspire Account.
3. The following clause shall be added:
“Minimal Account Activity.
Your Aspire Account(s) should remain active. If any of your your Aspire Account has no activity for a certain period of time specified by Aspire in accordance with Applicable Law, and that Aspire has not received any Instruction(s) initiated by you of any withdrawal, transfer, top-up, card transactions or any other transactions related to the Aspire Account Services during such time, Aspire may, at its sole and absolute discretion, settle part of all of your Aspire Account balance to your Beneficiary Account.”
4. The following Clause 7.13 shall be added to Clause 7:
“7.13 You may need to deposit immediately available funds into your Multi Currency Account to ensure that you have sufficient account balance for us to execute payouts Instructions initiated by you. Subject to Clause 5, if you have a series of payout Instructions which will be executed within a certain period of time, and if you wish to prefund such funds to your Multi Currency Account, you may make such arrangements provided always that such funds shall in no event be considered as deposit or stored value under Applicable Law. If the funds (or any part thereof) are not used within a certain period of time from the date of deposit, we may handle such funds (or any part thereof) in accordance with Clause 5.”
5. The following item (i) shall be added to Clause 11.1:
“(i) you acknowledge that Aspire will merely be acting upon your Instructions, and Aspire is not providing any undertaking in respect of whether any person will be accepting any payouts initiated by you.”