Terms and Conditions of Transaction

0. Definitions
Bitcoin, BTC, btc: A cryptocurrency called Bitcoin (abbreviation: BTC) developed by Bitcoin Project from 2009 - 2022. Released under MIT license terms and technically maintained by bitcoin.org.
Ethereum, ETH, eth: A cryptocurrency called Ethereum (abbreviation: ETH), developed by the Ethereum Foundation at ethereum.foundation and maintained by github.com/ethereum.
Solana, SOL, sol: A cryptocurrency called Solana (abbreviation: SOL) developed by solana.foundation at solana.foundation and maintained by github.com/solana-labs.
Bitcoin blockchain, blockchain: A blockchain running globally. When block discrepancies occur, data records on Blockchain.com are the only reliable source of information.
Bitcoin address, address: Any public address that can receive Bitcoins on the Bitcoin blockchain.
Business place, branch, premises, store: Different business locations operated by Funshell.
Cryptocurrency trading platform: An online platform that provides cryptocurrency trading services. If not specified, this contract uses Bitfinex (bitfinex.com) and Binance (binance.com).
Hong Kong dollar, legal tender: If not specified in the contract, refers to Hong Kong legal currency authorized and supervised by the Hong Kong Monetary Authority.
Funshell: Including but not limited to Funshell established in Hong Kong and its authorized agencies, including its branches.
Price Quotation System (PQS): A price quotation system developed by Funshell for quoting customers.
1. Use of Cryptocurrency Price Quotation System
1.1 The cryptocurrency price quotation system provided by Funshell displays exchange rate quotations between different commodities and Hong Kong legal currency.
1.2 You agree that the exchange rate displayed on the quotation system is an exchange rate without contractual effect. The displayed exchange rate is for reference only, to show transaction requests that Funshell is willing to accept at a specific moment.
1.3 Exchange rates change according to market fluctuations. Funshell cannot guarantee that the speed of price updates can reflect real-time market changes.
1.4 The premium and negative premium of listed prices change based on a basket of factors, including but not limited to market sentiment, market volatility, real-time market supply and demand, etc.
1.5 Funshell grants you limited rights to view and use the quotation system only under the following circumstances: (a) you will trade with Funshell, (b) you use it to learn about how cryptocurrencies work, and (c) you use it for personal and non-commercial purposes.
1.6 You agree that you have no right to use the price quotation system to quote any third party or company other than Funshell and its affiliates or parent companies.
1.7 The quotation accepted by both parties is valid for only 5 minutes.
2. Transactions and Payments
2.1 Purchase of Cryptocurrency Commodities from Funshell
Preparation Stage
2.1.1 You agree that any price negotiation will not be accepted.
2.1.2 You agree that you need to provide us with all the following information: (a) the legal currency amount or cryptocurrency amount in the transaction contract, (b) payment method, (c) your cryptocurrency receiving address.
2.1.3 You must provide and confirm your cryptocurrency address. If you provide an incorrect address, Funshell will not be responsible for any losses.
2.1.4 After you indicate agreement to the quotation, a transaction contract will be established and both parties will enter the "Transaction Stage".
Transaction Stage
2.1.5 Before we send cryptocurrency, you agree that you need to fully pay the amount specified in the transaction contract first.
2.1.6 If you intend to pay in cash, we will use verification and counting machines to verify the validity of banknotes. We will not accept any banknotes rejected by the counting machine.
2.1.7 The counting machine will simultaneously confirm that the banknote amount completely matches the amount shown in the contract.
2.1.8 Once you deliver cash to us, that amount will not be refunded.
Confirmation Stage
2.1.9 After we confirm that the received legal currency amount matches the contract, Funshell will transfer the corresponding cryptocurrency amount shown in the contract to you.
2.1.10 We will issue a transaction receipt to you, which will detail: transaction date, cryptocurrency type, cryptocurrency amount, legal currency type, legal currency amount, payment method, etc.
2.1.11 Funshell will pay a sufficiently high sending fee to the blockchain network to confirm the transaction. The sending fee is borne and paid by us.
2.1.12 After Funshell pays a sufficiently high sending fee, it will not be responsible for any delays on the blockchain network.
2.1.13 If the transaction is delayed due to Funshell, such as technical failures in Funshell's system, etc. After resolving the failure, Funshell will immediately send the cryptocurrency amount to you.
2.1.14 You agree that Funshell has no contractual obligation to repair failures within any pre-committed time, unless both parties reach an agreement on the severity of the incident and the time limit for resolving the failure.
2.1.15 During the "Confirmation Stage", you may choose to leave or sit and wait in the designated area until the end of business hours.
Post-Transaction Stage
2.1.16 When the transaction receives a certain number of confirmations on the blockchain network, the entire transaction is completed. The confirmation numbers are listed in Appendix A.
2.1.17 After the transaction is completed, you can receive after-sales service. If you have any questions, you can provide us with the reference number or transaction ID in the receipt for inquiries.
2.1.18 In rare cases, due to known technical issues with service providers, the cryptocurrency amount you receive may differ slightly from what is stated on the receipt. In these cases, Funshell reserves the right to compensate you the difference in legal currency.
2.2 Selling Cryptocurrency Commodities to Funshell
Pre-Transaction Stage
2.2.1 You agree that any price negotiation will not be accepted.
2.2.2 You agree that you need to provide us with all the following information: (a) the legal currency amount or cryptocurrency amount in the transaction contract, (b) payment method.
2.2.3 You will receive our cryptocurrency receiving address. You must correctly enter the address we provide. If you enter an incorrect address, Funshell will not be responsible for any losses.
2.2.4 After you indicate agreement to the quotation, a transaction contract will be established and both parties will enter the "Transaction Stage".
Transaction Stage
2.2.5 You agree that you will first pay us the cryptocurrency amount specified in the contract and send it completely to the address we provide, after which we will distribute legal currency to you.
2.2.6 You can freely choose the sending fee on the blockchain network. The sending fee is borne and paid by you.
2.2.7 You understand that if you choose a low sending fee, the transaction will take longer to confirm on the blockchain network.
2.2.8 After you send cryptocurrency to us, you need to show us a screenshot that clearly displays the amount you sent and our receiving address.
2.2.9 Once you send cryptocurrency to us, that amount will not be refunded.
Confirmation Stage
2.2.10 Funshell will wait for the transaction to be confirmed on the blockchain and will confirm that the received amount matches the contract.
2.2.11 During the confirmation stage, you may choose to temporarily leave or sit and wait in the designated area.
2.2.12 After confirming the transaction, we will distribute the corresponding legal currency to you through your specified payment method.
2.2.13. If the exchange or wallet you use is delayed, causing us to fail to receive your cryptocurrency on the same day, the established contract becomes invalid. If we receive your cryptocurrency after the same day, we reserve all rights to return your sent cryptocurrency or invalidate the old transaction contract and establish a new transaction contract with a new price, which will be determined entirely by us.
2.2.14. We will issue a transaction receipt to you, which will detail: transaction date, cryptocurrency type, cryptocurrency amount, legal currency type, legal currency amount, payment method, etc.
2.2.15. You must sign the receipt to confirm that you have received the legal currency amount.
Post-Transaction Stage
2.2.16. After the transaction is completed, you can receive after-sales service. If you have any questions, you can provide us with the reference number or transaction ID in the receipt for inquiries.
2.3 Blockchain Accuracy and Dispute Resolution
2.3.1 You agree that when there are any disputes, the following websites are the final and only official data verification channels.
2.3.1 (a) Bitcoin / BTC: blockchain.com
2.3.1 (b) Ethereum / ETH: etherscan.io
2.3.1 (c) Solana / SOL: solscan.io
2.3.2 You agree that any actions you take in the store are made according to your own will, including but not limited to
2.3.2 (a) installing new wallets,
2.3.2 (b) sending cryptocurrency to others' addresses, and
2.3.2 (c) receiving cryptocurrency sent by others from other addresses
2.3.3 You agree that store employees have no legal responsibility to correct addresses or transmission formats you incorrectly input.
2.3.4 You agree that once you choose the wrong format or blockchain and confirm sending cryptocurrency, those cryptocurrencies cannot be recovered. You need to bear such responsibility. Funshell will not be responsible for your losses.
2.3.5 When you use transmission formats we do not support to send cryptocurrency, we may be able to help you recover these cryptocurrencies. Whether successful or not, we also have the right to charge you a recovery fee of up to one thousand (1000) Hong Kong dollars.
3. Record Keeping and Transactions
3.1 Funshell records and stores all transactions electronically. Through fulfilling record-keeping principles to combat and prevent money laundering and other financial crimes.
3.2 Funshell will record all relevant transaction blockchain records when trading with us, including incoming and outgoing transactions.
3.3 Funshell will respond to international law enforcement or regulatory agencies' decisions to require us to disclose records according to its internal policies.
3.4 You agree that if local or international law enforcement agencies or regulatory agencies require, and our internal policies conclude that any records or data should be disclosed to them, we may disclose your identity, transaction information, any video recordings, etc. to the relevant authorities.
4. Regulation and Compliance
4.1 Risk Mitigation
4.1.1 We have the right to use third-party compliance software to analyze the information you provide, including your name, ID number, contact phone number, etc.
4.1.2 We have the right to reject your transaction request at any time. Common reasons include but are not limited to (a) you are on the sanctions list; (b) you are a politically exposed person; (c) you are involved in prosecutable litigation or crimes; (d) your cryptocurrency address is involved in high-risk transactions, etc.
4.1.3 You agree that we may suspend this transaction at any time for any reason, including but not limited to the legality of your funding sources, nature of business, transaction history, third-party compliance software alerts, etc.
4.2 KYC Policy and Identity Verification
4.2.1 For regulatory and compliance purposes, before conducting any transaction exceeding our established threshold, you need to undergo and pass our Know Your Customer/Anti-Money Laundering/Counter-Terrorism Financing (KYC/AML/CFT) procedures.
4.2.2 You need to fill out our Know Your Customer (KYC) form.
4.2.3 You need to provide identity documents, including but not limited to your Hong Kong ID card, valid passport, proof of address, and proof of funding source documents, etc.
4.2.4 All personal information you provide will be securely stored and processed according to the Personal Data (Privacy) Ordinance of the Office of the Privacy Commissioner for Personal Data in the Hong Kong Special Administrative Region.
4.2.5 Except for disclosure to any necessary compliance software and law enforcement or regulatory agencies, we will not give, leak, disclose, or sell your information to any company other than Funshell and its parent or subsidiary companies.
4.3 Anti-Money Laundering Policy, Fraudulent Transactions and Reporting
4.3.1 When you trade with Funshell, you agree that you comply with local laws within the jurisdiction of the Hong Kong Special Administrative Region, including but not limited to—
(a) Chapter 112 "Inland Revenue Ordinance"
(b) Chapter 405 "Drug Trafficking (Recovery of Proceeds) Ordinance"
(c) Chapter 455 "Organized and Serious Crimes Ordinance"
(d) Chapter 575 "United Nations (Anti-Terrorism Measures) Ordinance"
(e) Chapter 615 "Anti-Money Laundering and Counter-Terrorist Financing Ordinance"
4.3.2 Funshell has the right to view and analyze your transaction history characteristics.
4.3.3 Funshell has the right to submit suspicious transaction reports (STR) to the Hong Kong Joint Financial Intelligence Unit (JFIU) and/or Financial Intelligence and Investigation Bureau (FIIB) based on company decisions, and you will not be notified under any circumstances.
4.3.4 In case of any fraud or attempted fraud, Funshell reserves the right to report to local law enforcement authorities.
4.3.5 When you trade with Funshell, you agree that the cryptocurrency you send or receive is from legitimate exchanges and wallet addresses. You agree that your cryptocurrency is legally obtained.
If you send us cryptocurrency related to crimes, we will treat such cryptocurrency as worthless currency, including but not limited to
(a) cryptocurrency issued through mixers, including but not limited to tornado.cash, and
(b) illegally obtained cryptocurrency, including but not limited to hacker theft, illegal mining, drug trafficking, human trafficking, terrorist financing, telecommunications fraud, fraudulent transactions, and other activities
If you insist on sending, the relevant cryptocurrency will not be refunded, Funshell will not process the related assets, nor will it distribute equivalent legal currency to you, and reserves the right to pursue all related losses you cause to us.
4.3.6 When you trade with Funshell, we may require you to (a) explain the source of funds, (b) let us first scan your cryptocurrency address to assess the risk of that address. If the address is judged as high-risk, we can reject your transfer, and the risk index will be entirely determined by our risk control system. We reserve all rights to decide whether to accept your transaction request, and that decision depends on our internal risk policies and the risk index of that address.
4.3.7 To implement the Travel Rule (also known as the Transfer Rule) recommended by the Financial Action Task Force (FATF) and local regulatory agencies, Funshell will collect various information from you, including but not limited to (a) the recipient's identity, (b) the platform of the receiving address, (c) the recipient's address, date of birth, place of birth, and (d) the purpose of the remittance, etc.
4.3.8 After completing the transaction immediately, Funshell may still conduct ongoing transaction monitoring. If your transaction involves or is suspected of involving any crime, we reserve the right to terminate our business relationship with you and reject your subsequent transaction requests. We also reserve the right to disclose to compliance software service providers and institutions historical transaction information related to you that may involve crimes.
4.4 Refund Policy
4.4.1 When your cash transaction request is rejected, we will refund you face-to-face at the relevant premises.
4.4.2 When your bank transfer transaction request is rejected but you have already transferred funds, we may require you to personally visit our Hong Kong office. You need to demonstrate the legality of your funding sources and present relevant documents, including but not limited to your identity documents, proof of address, bank statements clearly showing the relevant transfer amounts, relevant funding legality documents, etc.
4.4.3 When you use bank transfer methods, you bear all direct or indirect delays caused in the transaction. Regardless of any reason, we have no legal responsibility for your losses.
4.4.4 When you trade with Funshell and sell cryptocurrency commodities to us, you confirm that your cryptocurrency is legally obtained. If our risk control system judges your sending address as high-risk, we reserve all rights to return your cryptocurrency and reject your transaction. Before you leave the transaction premises, if your sending address is judged as high-risk by our ongoing transaction monitoring system, we reserve all rights to revoke this transaction, return your cryptocurrency, and you need to return the legal currency already given to you. Even during the retrospective period—within three hundred and sixty-five (365) days after the transaction is completed, if your sending address is judged as high-risk by our ongoing transaction monitoring system, we also reserve all rights to legally pursue all related losses you cause to us.
4.5 Asset Freezing Policy
4.5.1 Under the following specific circumstances, the cryptocurrency assets you send will be frozen by us according to clause 4.5.2—
(a) Your sending address is in our blacklist system; or
(b) Your sending address is involved in crimes; or
(c) We believe or have reasonable suspicion that your sending address is involved in crimes; or
(d) We act according to instructions from law enforcement or judicial authorities
4.5.2 Your frozen cryptocurrency assets will be returned
(a) within three (3) working days after the compliance department completes the investigation and management gives the decision to return;
(b), (c), (d) within three (3) working days after receiving further instructions from relevant law enforcement or judicial authorities
4.5.3 Funshell will not be responsible for any direct or indirect losses you suffer during the period when assets are frozen.
4.5.4 The power and legal basis for freezing cryptocurrency assets originate from Hong Kong's "Drug Trafficking (Recovery of Proceeds) Ordinance" (Chapter 405) and "Organized and Serious Crimes Ordinance" (Chapter 455) Section 25(1). That is, money laundering is a crime, and if someone knows or has reasonable grounds to believe that any property wholly or partly, directly or indirectly represents the proceeds of any person's drug trafficking or prosecutable crime and still deals with that property, it constitutes a crime.
5. Taxation
5.1 Funshell follows Chapter 112 "Inland Revenue Ordinance" in the Hong Kong jurisdiction.
5.2 Funshell declares taxes according to the company's profits tax rate and accounting and auditing standards.
5.3 Funshell accounts in dual currency principle, that is, legal currency and cryptocurrency.
5.4 Funshell will audit the accounts as much as possible.
5.5 Funshell will not provide you with any legal, tax, or investment advice. You agree to consult your tax expert before trading with us.
5.6 Transactions are initiated by you voluntarily, and you completely agree that you have not received any investment advice provided by Funshell.
6. Privacy and Data Protection
6.1 All branch premises are equipped with 24-hour CCTV recording systems.
6.2 All face-to-face transactions that occur in branch premises will be recorded. The video system will encrypt the relevant videos or may upload them to cloud service providers in real-time.
6.3 Funshell stores all video recording content electronically according to internal data retention policies.
6.4 All online and offline communications, including recorded or electronic formats, are recorded and archived according to internal data retention policies.
6.5 According to the data protection principles in the "Personal Data (Privacy) Ordinance" of the Office of the Privacy Commissioner for Personal Data under the jurisdiction of the Hong Kong Special Administrative Region, you agree that we may use customer information and data.
6.6 You agree that our risk engine uses your information for analysis and ongoing transaction monitoring, and analyzes your historical transaction characteristics.
6.7 If required by local or international law enforcement or regulatory agencies, we will disclose your identity, historical transaction records, and any videos to the relevant law enforcement or regulatory agencies.
6.8 You may request access to your historical transaction records or personal data records according to the "Personal Data (Privacy) Ordinance". You need to pay us the relevant system processing fees first, and then we will send you the relevant records in the specified manner.
7. Intellectual Property
7.1 All intellectual property belongs to Funshell, including but not limited to tangible and intangible assets, such as websites, posters, promotional leaflets, promotional templates, infographics, educational leaflets, coupons, receipts, trademarks, quotation systems, hedging systems, trading systems, risk systems, etc.
7.2 You understand and agree that reading this content does not constitute any solicitation or investment advice.
8. Third-Party Agency Behavior
8.1 You agree to conduct personal transactions only for yourself.
8.2 We strongly recommend that you should not act as an intermediary to conduct transactions for others. You agree to bear any risks and must comply with our anti-money laundering policies.
8.3 Funshell has the right not to accept any third-party payments. You understand that we will reject any legal currency and cryptocurrency that does not belong to you, and refuse to trade with you.
8.4 Funshell collaborates with other traders in the market to provide market liquidity.
8.5 Funshell will blacklist competitors who engage in disruptive competition, including but not limited to you (a) deploying and using or attempting to use predatory pricing strategies, (b) threatening or attempting to threaten their horizontal suppliers, (c) threatening or attempting to threaten their employees, (d) committing or attempting to commit crimes.
9. Disclaimers, Warranties and Indemnification
9.1 You acknowledge and agree that Funshell will not bear any legal responsibility for any delays or errors caused by third-party service providers, including but not limited to our cryptocurrency trading platform providers, banks, API service providers, computer and internet service providers, etc.
9.2 You acknowledge and agree that Funshell will not bear any legal responsibility for any failures or delays caused by force majeure, including but not limited to natural disasters, wars, riots, strikes, natural disasters, earthquakes, fires, floods, others' crimes, robbery, burglary, unforeseeable or estimated legislative announcements, government policy changes, etc.
9.3 Any content provided by Funshell, including websites, posters, promotional leaflets, promotional templates, infographics, educational leaflets, coupons, receipts, trademarks, systems, etc., does not constitute any solicitation or investment advice.
9.4 If there are ambiguities, the English terms shall prevail. Translations in other languages have no contractual effect, or may have different definitions and interpretations.
9.5 Funshell reserves all rights to modify these terms and agreements. New terms and conditions will take effect on the specified effective date and apply to new transactions after the specified effective date.