MYbank Wallet Quick Payment Service Agreement
Version dated November 2023
We are very pleased that you are willing to participate in the e-CNY wallet pilot services launched by Zhejiang E-Commerce Bank Co., Ltd. ("MYbank", "we", "us", or "ours"). During the pilot period, you may provide MYbank with feedbacks on product experience problems arising from your use of the pilot version. Please carefully read and comply with the following provisions:
Special Reminder: As you have applied to MYbank for the wallet quick payment service of the pilot version of e-CNY wallet (the "Wallet Quick Payment") (the "Service"), MYbank sincerely suggests that: before you click to accept this Agreement on the e-CNY APP or any other relevant client authorized by MYbank (collectively, the "Service Platform"), you shall have a clear knowledge and full understanding of all the terms of this Agreement. By clicking or otherwise accepting this Agreement on the Service Platform, you are regarded as willing to enter into this Agreement with MYbank in respect of the Wallet Quick Payment service, having read, fully understood and accepted all the terms of this Agreement, and agreeing to be bound by this Agreement.
To fully safeguard your legitimate rights and interests, you are kindly reminded to pay special attention to the terms of this Agreement in bold. If you do not accurately understand or agree to this Agreement, please do not proceed with any subsequent operation; if you have any queries, please call [e-CNY APP's customer service hotline: 956196].
To further improve user experience, MYbank will continuously develop new services and provide users with version upgrades, function upgrades and other updates of services. You agree that MYbank may publish such updates in advance by issuing an announcement on the Service Platform without giving a separate notice to you; by continuing to use the Service after such announced changes of this Agreement come into effect, you have fully read, understood and accepted the changed and amended terms of this Agreement and will use the Service in accordance with the such changed and amended terms.
1. Specific Third Party means, for the purpose of this Agreement, the counterparty that provides you with goods or services or the platform/website on or through which the counterparty does business.
2. Wallet Quick Payment means, for the purpose of this Agreement, the provision by MYbank of electronic record books in the e-CNY wallet to record payments made to a Specific Third Party based on your opening of the Wallet Quick Payment service on the Service Platform(subject to the specific page display) to satisfy your shopping and other payment needs. To enable you to use the Service more smoothly, you agree to authorize a Specific Third Party to send deduction instructions to MYbank, and authorize MYbank to deduct relevant amounts from your e-CNY wallet and pay the same amounts to the e-CNY wallet designated by that Specific Third Party as per the deduction instructions initiated by that Specific Third Party within the payment limits of the Wallet Quick Payment (the "Deduction"). Please pay attention to the relevant instructions on the page for the specific circumstances of your use of this Service to make payments to a specific third party.
3. You understand and acknowledge that the payment limits of the Wallet Quick Payment is subject to the payment limits of your e-CNY wallet (including the Wallet Limits and Actual Limits). In the meantime, you may set your personal single payment limit or daily payment limit for your Wallet Quick Payment (the "Actual Limits of Wallet Quick Payment") through the Service Platform. The specific types of Actual Limits of Wallet Quick Payment that can be set shall be subject to information shown on the Service Platform, and the Actual Limits of Wallet Quick Payment shall not exceed the payment limits of your e-CNY wallet.
4. To avoid unnecessary losses to you, you shall ensure that your e-CNY wallet (including Wallet Quick Payment), Alipay account and other accounts of the Specific Third Party for using the Service are under your control and use, and are linked to the same phone number; otherwise, you shall bear your own losses and any dispute arising therefrom shall be settled by you through consultation with the Specific Third Party. But we will also try our best to provide you with the necessary assistance.
5. You acknowledge that you express your intention to use the Service out of your real willingness; you shall be fully responsible for the truthfulness and validity of the instructions you give during the use of the Service, and such instructions shall be deemed as the expression of your true intention and shall not be changed or revoked. You undertake to assume the risk of our operating as per your instructions.
6. You agree and undertake not to perform any act in violation of the law, or against the purposes of this Agreement or infringing upon the rights and interests of any third party by utilizing the Service; otherwise, we shall have the right to immediately cease provision of the Service unilaterally without any liability; you shall be fully liable for indemnifying us for any loss caused by your act.
7. You understand and agree that we are authorized to execute instructions and are not obligated to check the truthfulness and accuracy of the instructions given by the Specific Third Party; we shall not be responsible for any loss or liability arising from the Service, unless we fail to follow, or incorrectly follow, the instructions of that Specific Third Party; such loss and liability shall be settled by you and that Specific Third Party through negotiation.
8. You hereby agree and acknowledge that, if the above transaction amount cannot be paid due to your failure to have sufficient balance of e-CNY in your e-CNY wallet or due to unlinking, freeze or cancellation of your e-CNY wallet, you shall be liable for the economic disputes and liabilities for breach of contract arising therefrom; we shall not be liable for failure to make payment in a timely manner, incorrect transfer of money or other liabilities not attributable to us; the economic losses, if any, suffered by you due to reasons attributable to a Specific Third Party shall be settled by you and that Specific Third Party through negotiation, and we shall not be held liable therefor.
9. You understand and agree that, for the purpose of risk prevention and control, the limit amount and times of daily deductions shall be subject to the announcements made by us from time to time. A deduction instruction which exceeds the limit will fail and the payment will fail accordingly.
10. For the purpose of performing statutory obligations, preventing risks and protecting the security of your assets, you understand and authorize MYbank to provide the Specific Third Party with your IP address at the time of opening your e-CNY wallet and your unique user identification generated by the e-CNY APP.
11. As the provision of the Wallet Quick Payment service requires linking your e-CNY wallet with your personal account at the Specific Third Party, you agree and authorize the Specific Third Party to obtain the registered mobile phone number of your e-CNY wallet from MYbank. You agree and authorize MYbank to provide the Specific Third Party with the grade of our e-CNY wallet for purpose of the Wallet Quick Payment service.
12. You shall comply with the MYbank User Service Agreement on e-CNY Wallet, MYbank Service Agreement on Quick Pay via e-CNY Wallet, MYbank e-CNY Wallet Policy on Personal Information Protection, MYbank e-CNY Wallet Policy on Children's Personal Information Protection, MYbank General Rules on Biometric Authentication Service for e-CNY and relevant ancillary rules issued by MYbank from time to time while using the Service, otherwise you shall bear the liability arising therefrom.
13. This Agreement shall become effective upon your click to accept this Agreement, and terminate when you close the Wallet Quick Payment service.
14. The validity, interpretation, modification, performance of, and the resolution of disputes arising from this Agreement shall be governed by the laws of the People's Republic of China (only for the purpose of this Agreement, and for the avoidance of doubt, excluding the laws of the Hong Kong Special Administrative Region, the Macao Special Administrative Region and Taiwan Province). Any dispute arising during the performance of this Agreement may be resolved through consultation; if such consultation fails, legal proceedings can be instituted in the people's court of the place where the defendant is located. During the litigation, the terms hereof irrelevant to the dispute shall continue to be performed.
15. If this Agreement is available in other languages where there is any inconsistency with the simplified Chinese version, the simplified Chinese version shall prevail.