Terms &Agreement
Terms &Agreement
This agreement will take effect for all users in May 2026.
Please read this agreement carefully before accessing or using Cooldapay services. This agreement sets forth the contract between us ("EMERALDA GLOBAL MARKET LIMITED", hereinafter referred to as "Cooldapay" or "we") and you, the user (hereinafter referred to as "you"), outlines the guidelines for Cooldapay's provision of services, and confirms your rights and obligations when using this service. When opening an Cooldapay account or using any of Cooldapay's services, you accept and agree to the terms and conditions of this agreement, and agree to abide by the Privacy Policy and other policies, notices, and public information we notify you of from time to time.
When a customer creates an Cooldapay account, (a) affirmatively accepts this agreement in writing or electronically, or (b) uses Cooldapay's services (whichever occurs earlier), this agreement will become effective immediately and legally binding (the "Effective Date"). Thereafter, this agreement will remain in effect until you close your Cooldapay account and terminate your use of Cooldapay. By accepting this agreement, you fully understand and accept these terms and conditions. If you do not understand any of these terms and conditions, please contact our company and/or seek external independent legal advice.
We may modify or amend this agreement and related service rules from time to time. If we intend to modify or amend this agreement, we will notify you by posting an announcement on the website. If you do not agree to the modified agreement or our service rules, you must stop using our services, close your account, and terminate your cooperative relationship with us, but this agreement will continue to apply to your prior use of our services. Unless otherwise stated or agreed in the notice at that time, if you continue to use the services under the revised or amended agreement without notifying us, you will be deemed to have unconditionally agreed to the amended agreement and be bound by it from the time of use.
1. Important Information
1.1. You understand that Cooldapay serves only as a platform providing fiat currency remittance services, and this website does not participate in any of your other currency transactions. Cooldapay is not a bank or investment institution, and your account balance will not generate any interest or returns. Cooldapay has no control over the products or third parties making payments using Cooldapay services, so you should independently exercise due care to determine the authenticity, legality, and validity of relevant currency assets and/or information, and bear the resulting responsibilities and losses on your own.
1.2. You acknowledge that you and your use of Cooldapay services will be subject to mandatory provisions of applicable laws. You are solely responsible for understanding and complying with the laws and regulations of your country of origin, as well as laws and regulations that may apply to you based on account jurisdiction in connection with your use of Cooldapay services, including but not limited to laws and regulations related to the regulation of payment services, anti-money laundering and counter-terrorist financing requirements, consumer protection, information protection, anti-discrimination, gambling, false advertising, illegal sale or purchase or trading of any goods or services, and related import/export activities, tax or foreign exchange transactions, and licensing laws and regulations.
1.3. Cooldapay will take reasonable measures to ensure the accuracy and timeliness of information on the website. Cooldapay makes no promises as to the accuracy, completeness, or authenticity of the website information, nor will it bear any direct or indirect losses arising from such website information or from failure to connect to the internet, delays, failures, or omissions in transmitting or receiving any notices and messages. The Cooldapay website and all information and materials contained therein are provided "as is" without any other express or implied representation.
1.4. Protecting your privacy is an important part of our work. Please carefully read our Privacy Policy to better understand our commitment to protecting your privacy and our use and disclosure of your information. Your entering into this agreement should be premised on your full understanding and agreement to be bound by the Privacy Policy.
1.5. https://www.cooldapay.com is the sole official external information publishing platform of this website.
1.6. It is prohibited to use Cooldapay for any illegal trading activities or illegal acts such as money laundering, smuggling, commercial bribery, gambling, other illegal financing, etc. If any suspected illegal transaction or illegal act is found or there is evidence that such an event is likely to occur in the future, we will take all available means, including but not limited to freezing accounts, notifying competent authorities, etc., and will not bear any resulting liability and reserve the right to pursue liability against relevant persons.
1.7. We will deposit your account fund balance into a pooled account separate from the company's own fund accounts and will not use your funds for operating expenses or any other corporate expenditures. In the event of bankruptcy, Cooldapay will not voluntarily provide your funds to its creditors.
1.8. If (a) you violate this agreement or any other agreement you have entered into with Cooldapay, or (b) theft, fraud, hacking, or any other event we believe may be harmful to the security of Cooldapay and user accounts occurs, we may unilaterally stop, suspend, or restrict your access to your account or Cooldapay services, and/or restrict your use of funds.
2. Definitions
In this agreement, the following terms have the following meanings:
2.1. "System": refers to the processing system Cooldapay provides to you for offering services, including computer systems and mobile device systems (including but not limited to applications on mobile phones, tablets, and other devices, and web versions).
2.2. "User Account": refers to the Cooldapay member account created by you using an email address or mobile phone number.
2.3. "Password": includes login password, payment password, and Google authenticator code. Refers to a string of characters with a certain level of complexity used to log into the user account or make payments. User and Cooldapay agree that the password serves as a mechanism for identity verification between both parties.
2.4. "Top-up"/"Recharge": transferring external funds into your Cooldapay account balance.
2.5. "Remittance": transferring your Cooldapay account balance to an external bank account or other platform account.
2.6. "Internal Transfer" (or "Platform Transfer"): balance transfer between Cooldapay accounts.
2.7. "Remittance": using Cooldapay's remittance service to remit your Cooldapay account balance or bank account balance in multiple currencies to a third party through a remittance service provider.
2.8. "Cancel Order": canceling an order before funds have been completely transferred.
2.9. "Return Order": Cooldapay or a third party rejects an order request due to reasons such as remittance anomalies.
2.10. "Remittance Service Provider": refers to a compliant financial institution that provides remittance services to customers.
2.11. "Referral Commission": the commission reward Cooldapay gives to a user when the user refers a new user to Cooldapay.
2.12. "Service Fee": is the service fee paid by the user to Cooldapay for using Cooldapay services.
3. Overview of Cooldapay Services
3.1. Cooldapay provides you with a series of services allowing you to engage in the following activities:
(a) Top-up/Recharge: by bank wire transfer or electronic wallet transfer to a designated Cooldapay account;
(b) Transfer: transferring funds from an Cooldapay account to a third party's Cooldapay account;
(c) Withdrawal: withdrawing funds from an Cooldapay account to your local bank account in accordance with withdrawal instructions or this agreement;
(d) Payment: initiating a payment to a payee from an Cooldapay account; and
(e) Receiving funds from approved channels or payers into a customer's Cooldapay account.
3.2. Subject to the following factors, Cooldapay services may be restricted or unavailable in certain jurisdictions:
(a) Your location, or the location of the payer/funds initiator or payee;
(b) Jurisdiction-specific terms of the jurisdiction where the payer/funds initiator or payee is located;
(c) Other similar factors reasonably determined by Cooldapay.
3.3. To provide Cooldapay services, Cooldapay may rely on its affiliates, financial institutions, and third-party banks.
3.4. Cooldapay is not a bank or credit institution, does not accept any deposits, does not pay interest on your Cooldapay account balance, and does not provide any banking account functions or benefits. By accepting this agreement, you acknowledge that Cooldapay has the right to retain any interest generated on any funds held in Cooldapay's bank accounts. You further acknowledge that Cooldapay accounts are not deposit accounts as defined by relevant laws and regulations, and therefore funds in your Cooldapay account or funds held by Cooldapay during transactions are not insured. However, Cooldapay will strictly comply with applicable legal requirements to protect the liquidity and security of funds held for your benefit.
3.5. We are not involved in any underlying transactions between you and buyers, platforms, suppliers, payers, or payees under any circumstances. You authorize us to hold, receive, and disburse funds in accordance with your payment receipt instructions or payment instructions. Within this limited scope, we act only as a service provider, neither as a trustee nor as a buyer or seller of your products or services, nor as a party to underlying contracts. We may use the services of one or more affiliates and/or service providers to provide Cooldapay services and process transactions.
4. Your Cooldapay Account
4.1. Cooldapay Account. Using Cooldapay services requires you to register for an Cooldapay account. The rights your Cooldapay account can enjoy are subject to the terms of this agreement. You agree to provide true, accurate, and complete information to us when registering for an account. You may obtain your Cooldapay account information in accordance with the personal data rights provided by relevant data protection laws.
4.2. Registration Eligibility. You agree that opening an Cooldapay account requires meeting the following conditions:
(a) You must have full civil capacity to enter into this agreement under applicable law. If you do not have full civil capacity, you are prohibited from registering to use our Cooldapay services. Any act of applying to register as a user or providing personal identity information to our services indicates that you have full civil capacity under applicable law. You warrant that you have full legal capacity to enter into a contract.
(b) If you are registering for Cooldapay services on behalf of a business or commercial organization, you warrant that you have obtained legal authorization according to the establishment and organizational documents of that commercial organization or the laws of your country to agree to and accept this agreement, and are obligated to provide all supporting documents within 3 days from the date of our request.
(c) You have not been prohibited by us from using this service;
(d) You are not listed on any government sanctions list or located in a country or region subject to government sanctions;
(e) You are not located in any state, country, or region where using this service is illegal or violates any applicable law;
(f) All information you submit to Cooldapay is true, up-to-date, complete, and accurate, and you must maintain and update such information in a timely manner; and
(g) You use this service solely for your own commercial business purposes (such as trade in goods and services, remittances from overseas employees to family members in their home country, etc.). Additionally, you must ensure that you are not subject to trade restrictions, sanctions, or other legal or regulatory restrictions imposed by any country, international organization, or region; otherwise, you may not be able to register for and use the service normally.
(h) Except in specific circumstances, you must use Cooldapay services to handle your own transactions, not on behalf of any other person or organization, or to assist others in circumventing these terms and conditions or Cooldapay's KYC requirements below.
(i) You may only use Cooldapay services for your own business through your Cooldapay account, but not on behalf of any other person or entity, except in certain circumstances approved by Cooldapay, where Cooldapay may require written confirmation from the authorizing party to transact on their behalf, as well as any other documents we may need to assist us in fulfilling our compliance policies.
4.3. Verification. Your use of Cooldapay services is subject to Cooldapay's "Know Your Customer" ("KYC") and registration approval process. We have the right to require you to provide (including but not limited to) identity information of you or your shareholders, proof of address documents, proof of control documents, and other relevant materials and documents before you use Cooldapay services. You agree that Cooldapay may take necessary measures to check and verify the information you provide, including by using third-party intermediaries or information databases to verify your identity. Before or during your use of Cooldapay services, we may require you to provide additional relevant business information and documents, including but not limited to documents allowing Cooldapay to verify your identity documents as an individual or organizational shareholders, proof of address or ownership, and other corporate documents. If your identity document or corporate-related certificate expires, the system will automatically determine that your document is invalid, meaning the verification status becomes unverified, and you will need to resubmit valid identity document information or corporate-related certificates and other documents.
4.4. Processing and Refusal. We will only process transactions we believe are from legitimate sources and properly authorized. You acknowledge and accept that, based on compliance with anti-money laundering regulations or internal risk management decisions, Cooldapay has the right to refuse payments, limit payments, or suspend use of your Cooldapay account at any time without providing a reason. You acknowledge that transactions conducted within the framework of this agreement may be subject to disclosure obligations upon request by regulatory authorities. You may, to the extent permitted by applicable law, access all disclosed information related to you within the limits allowed by law, provided that your access does not affect the purpose of combating money laundering and terrorist financing. You agree that you will not claim legal liability, file tort lawsuits, or seek any other form of relief against Cooldapay's supervisors and employees for reporting information to relevant authorities based on reasonable suspicion.
4.5. Restricted Use
(a) Violating this agreement, the Privacy Policy, and any other agreements applicable to you;
(b) Violating any applicable law and any law or regulation of the country where you manufacture, purchase, store, or sell your products or provide services;
(c) You engage in fraud, money laundering, terrorist financing activities, or other illegal businesses or activities, or we have reasonable suspicion thereof;
(d) Infringing upon the copyright, patent, trademark, trade secret, or other intellectual property rights, right of publicity, or privacy rights of us or any third party;
(e) Defaming, commercially disparaging, threatening, or harassing our employees or other users;
(f) Providing false, inaccurate, or misleading information;
(g) Sending or receiving funds that Cooldapay reasonably believes may involve money laundering, terrorist financing, or other illegal activities;
(h) Your Cooldapay account is compromised or for other security reasons;
(i) Refusing to cooperate with investigation procedures, including refusing to confirm the authenticity of identity information or any other information you provided to us;
(j) Receiving or attempting to receive funds provided by us and banks, card issuers, or other third parties for disputed transactions during the dispute resolution process;
(k) Controlling associated accounts of a restricted account;
(l) Conducting transactions or using Cooldapay services in a manner that will or may cause Cooldapay or a third party to incur complaints, disputes, compensation claims, chargebacks, additional fees, fines, penalties, or other damages;
(m) Conducting any operation that may cause us to lose any service provider; or
(n) Abusing our dispute resolution mechanism and/or Cooldapay user rights.
If Cooldapay believes you may have engaged in any restricted use conduct mentioned above, we have the right, in our sole discretion, to restrict your Cooldapay account use, suspend or terminate your Cooldapay account, or refuse to provide any Cooldapay services to you in the future. You shall compensate us for all losses thus incurred.
4.6. Court Orders or Regulatory Actions. If Cooldapay receives a notice from a partner bank, court order, regulatory directive, or similar bank, legal, or government notification that your Cooldapay account is associated with suspicious transactions, we may temporarily or permanently withhold or freeze all or part of the funds in your Cooldapay account, or even release them to a third party or offset losses incurred by Cooldapay on account of such. Cooldapay will determine in its sole discretion what actions we need to take. Unless required by court order, applicable law, regulatory requirements, or other legal process, we will notify you of the action taken to the extent permitted by applicable law. Cooldapay has no obligation to defend against or appeal any court order or legal proceeding involving you or your Cooldapay account under any circumstances.
4.7. Compliance with Sanctions Regimes. You acknowledge and undertake that you will strictly comply with our then-applicable policies related to sanctions, and will not use the services we provide to engage in any activities that violate or tend to violate sanctions regulations, including but not limited to using this service to pay funds to any designated sanctioned individual, country, organization, or other sanctioned entity, or using this service to receive funds from any designated sanctioned individual, country, organization, or other sanctioned entity, or where the route (including but not limited to logistics routes, etc.) involved in this service passes through sanctioned countries or regions (if applicable), otherwise you will bear all adverse consequences arising therefrom and ensure we are held harmless.
4.8. Account Closure. Cooldapay will not close any account on its own initiative, except where grounds for closure exist as mentioned in this agreement. You have the right to notify Cooldapay management of your intention to close your account at any time. Closure may only be implemented after completing applicant identity characteristic verification, checking the compliance of registered user characteristics, settling system accounts, and removing all personal data provided during user registration. Once an account is closed, it cannot be restored, and that email address can never be used to register an Cooldapay account again. Please make a careful decision before applying. After closure, all data in the account will be cleared from the website, but you will still be responsible for your past transactions. And we will retain all transaction-related data in the database for more than five years for review by competent authorities. Before closing your account, you should clear all remaining funds in the account; otherwise, you must explicitly waive the account funds.
5. Top-up/Recharge Transactions
5.1. Top-up/Recharge refers to transferring external funds into your Cooldapay account. Currently, the top-up methods we support include but are not limited to electronic currency platforms or bank wire transfers. Supported electronic currency top-up channels include Volet and Capitalist; for different top-up methods, you may need to pay different channel/bank service fees and Cooldapay service fees.
When using bank wire transfer to top up, you need to place an order on the Cooldapay platform first and fill in the bank account information from which you will remit funds, then perform the remittance operation via online banking or physical bank. Please ensure that the bank account information you fill in is consistent with the actual bank account from which funds are remitted; otherwise, Cooldapay may reject your top-up request and will not bear any responsibility for any resulting losses. Before remitting the top-up funds, you may cancel the top-up order at any time, or the order will be automatically canceled after the remittance deadline expires. After the top-up funds are remitted, you may still withdraw them via remittance, but additional service fees may apply.
Cooldapay does not support top-ups from third-party accounts that have not entered into a special cooperation with Cooldapay. If such a third-party remittance occurs, Cooldapay will return the funds via the original route.
5.2. If a third-party institution initiates an investigation procedure due to reasons attributable to you, Cooldapay has the right to require you to provide relevant supporting documents and materials in a timely manner to cooperate with the investigation, and you shall bear the relevant consequences and liability on your own.
6. Remittance Transactions
6.1. Remittance refers to transferring your Cooldapay account balance to an external bank account or another platform account. The bank wire transfer remittance channel supported by Cooldapay is international wire transfer.
6.2. If applicable, you should ensure that any remittance instruction includes the following information:
(a) The amount and currency to be executed for the remittance instruction;
(b) The name of the payee;
(c) The International Bank Account Number (IBAN) or account details of the payee (if applicable); and
(d) Any other information required by Cooldapay for executing the remittance instruction, including any information Cooldapay needs to comply with applicable laws.
6.3. If due to technical issues or the customer providing untrue, inaccurate, or incomplete information, Cooldapay may refuse to execute the remittance instruction. When the relevant remittance instruction is refused, the customer may contact our customer service or your dedicated account manager.
When you submit a remittance order, the remittance amount and related fees will be deducted from your Cooldapay account balance. You must carefully verify the account information used for remittance. If processing fails due to incorrect account information you provided, the remittance amount will be refunded to your account balance if Cooldapay has not yet remitted the funds. However, if Cooldapay has already remitted the funds, this situation may affect the receipt of your funds, or the funds may be returned, and you may therefore need to bear the relevant service costs (including channel service fees and Cooldapay service fees). If you send funds to the wrong person due to incorrect account information you provided, you shall bear the related loss of funds on your own.
6.4. The time of receipt of the payment instruction and the execution time are determined as follows:
(a) Time of Receipt. The time of receipt of the payment instruction is the time when Cooldapay actually receives the payment instruction. Once Cooldapay receives the payment instruction, it will be irrevocable.
(b) Execution Time. After receiving the payment instruction, Cooldapay shall ensure that the payment amount is transferred to the payee's bank or payment service provider's account no later than the end of the next business day following receipt of the payment instruction.
(c) Time Limits. The time limits specified above are normal time limits and apply only when the payment balance is positive and shows sufficient balance for Cooldapay to proceed with the requested remittance instruction. To clarify again, this time may be extended due to actual circumstances, and we will notify you accordingly.
7. Receiving Transactions
7.1. You may act as a merchant using Cooldapay's receiving service to collect payments made by your customers to you.
7.2. You may provide Cooldapay account credentials to platforms from which you wish to receive payments via Cooldapay services. Please note that an Cooldapay account is not a bank account, and you must not perform any activities beyond the scope of Cooldapay services.
7.3. The time required for an incoming receipt to reach your Cooldapay account is beyond Cooldapay's control. For example, payments are generally received within one to three (1-3) business days from the date of remittance, but Cooldapay makes no promise or guarantee. If an incoming receipt is not received within five (5) business days after the payment instruction is issued on the relevant platform, we have the right to conduct an internal investigation on your behalf upon your request. You should directly contact the platform to resolve any related issues or disputes in accordance with the platform's policies; Cooldapay has no obligation to resolve such issues or disputes for you.
7.4. Cooldapay will use commercially reasonable efforts to notify you of incoming receipts received into your Cooldapay account and update your Cooldapay balance promptly, no later than the next business day after receipt of funds.
8. Currency Exchange Transactions
8.1. Currency exchange service refers to converting one currency into another through Cooldapay at a certain exchange rate. The exchange rate used is based on the real-time exchange rate published in the market. Please pay attention to changes in the exchange rate. Once you submit a buy/sell exchange request, you indicate your agreement to conduct the transaction at the exchange rate provided by us. Currency exchange is an irreversible transaction. Once you submit an order, you shall bear the resulting responsibilities and losses on your own.
8.2. To avoid exchange rate fluctuations, the exchange rate for each transaction is determined at the time the transaction is processed. Therefore, under applicable law, the exchange rate provided by Cooldapay before the transaction is for reference only, and the rate at the time of transaction conclusion shall prevail. You acknowledge and agree that you will be subject to the applicable exchange rate from time to time.
9. Withdrawal Transactions
9.1. If your Cooldapay account balance is positive, you may submit a withdrawal instruction instructing Cooldapay to transfer part or all of your Cooldapay balance (after deducting fees) to a bank account in your own name. Withdrawal instructions must include the following information:
· The currency amount you request to withdraw;
· Valid withdrawal account details.
9.2. Detailed information about the withdrawal bank account:
You must ensure that your withdrawal bank account information is true, accurate, and complete. We are not responsible for funds being transferred incorrectly due to your provision of inaccurate withdrawal bank account information. If payment is refused due to your withdrawal bank account information being untrue, inaccurate, or incomplete, you will be responsible for the related fees, and Cooldapay may deduct such fees directly from your Cooldapay balance. If any incorrect or misleading payment occurs, we will take reasonable measures to assist you in tracing and, where reasonably practicable, recovering such funds, but we are not responsible for any unrecoverable funds. Any additional expenses related thereto shall be borne by you. You must ensure that your withdrawal bank account is valid and capable of receiving funds. If your withdrawal account bank refuses Cooldapay's withdrawal, the funds will be held by Cooldapay until you provide a valid withdrawal bank account. Cooldapay has the right to refuse to execute any withdrawal that does not meet Cooldapay's compliance requirements or where withdrawing to that withdrawal bank account violates applicable law.
9.3. Once you submit a withdrawal instruction to Cooldapay, the withdrawal operation is irrevocable when the remaining amount after deducting all corresponding fees is transferred to your withdrawal bank account, and you will not be able to return funds already transferred into your withdrawal bank account.
9.4. After receiving a withdrawal instruction, Cooldapay will execute the withdrawal transaction in the amount and currency you have selected, deducting all related fees. Bank fees of your withdrawal account are borne by you; Cooldapay is not responsible for such fees.
9.5. Cooldapay reserves the right to deduct directly from your Cooldapay balance any fees you owe to Cooldapay, including but not limited to all fees payable under this agreement.
9.6. Withdrawal instructions will be processed within 1-3 business days at the corresponding currency exchange rate after receipt.
10. Fees
10.1. All fees that Cooldapay may charge are listed in your Cooldapay account. Cooldapay has the right, acting reasonably, to adjust existing fees or add new fees from time to time upon notice. You agree to pay all fees, and your continued use of Cooldapay services constitutes your acceptance of all fees. When we adjust fees, we will send a website notification or have your dedicated account manager contact you (if necessary). If you have any questions or are unclear about any fees, you should contact Cooldapay customer service or your dedicated account manager.
10.2. The fees you pay will be deducted from your Cooldapay account and charged at the time of transaction execution. You hereby authorize and instruct us to deduct such fees.
10.3. To protect Cooldapay and its users from losses, in certain circumstances we may return orders you have initiated for withdrawal, currency settlement, or top-up/recharge.
Transaction Type | Reason for Return/Rejection | Refund | Fee Refunded | Refund Amount |
Fiat Currency Payment Service | Payee account abnormal; incorrect payee account information filled; end customer requests transaction cancellation; failure to meet compliance requirements of remittance service providers and other financial institutions. | Yes | No | Returned amount actually received by Cooldapay minus transaction service fee |
Fiat Currency Receiving Service | Failure to comply with anti-money laundering, counter-terrorist financing, and customer due diligence rules; involves third-party deposit; involves complaints (including but not limited to fraud, drugs, and other criminal or illegal acts). | Yes | No | Returned amount actually received by Cooldapay minus transaction service fee |
International Wire Transfer Withdrawal | Withdrawal bank account information filled incorrectly; withdrawal account unusable; compliance reasons of intermediary bank or receiving bank. | Yes | No | Returned funds actually received by Cooldapay minus USD $40 transaction service fee |
International Wire Transfer Top-up/Recharge | Failure to comply with anti-money laundering, counter-terrorist financing, and customer due diligence rules; involves third-party deposit; involves complaints (including but not limited to gambling, fraud, drugs, and other criminal or illegal acts). | Yes | No | Returned amount actually received by Cooldapay |
Electronic Wallet Withdrawal | Non-refundable. Order result is instant feedback, success or failure. | No | - | - |
Electronic Wallet Top-up/Recharge | Involves offline transfer; third-party payment on behalf. | Yes | No | Returned amount actually received by Cooldapay minus transaction service fee |
Gateway Merchant | Merchant's end customer duplicate payment; order amount inconsistent with payment amount; other reasons of merchant's end customer. | Yes | No | Returned amount actually received by Cooldapay minus transaction service fee |
Others | Order processing fails due to Cooldapay's reasons. | Yes | Yes | Order amount |
11. Account Deductions
11.1. Any adjustments to your Cooldapay account require your consent or are made under your instructions, except in the following circumstances:
(a) If you owe Cooldapay, subsidiaries, affiliates, and service providers under them overdue amounts, Cooldapay may adjust and deduct funds from your account to pay any overdue amounts owed.
(b) If your account has no available balance, Cooldapay may use funds you subsequently deposit or receive into your account to make adjustments.
(c) If your account has balances in multiple currencies and the balance in the corresponding currency is insufficient to cover the overdue amount, Cooldapay may adjust by using funds from other currency balances in the account to offset the overdue amount.
(d) If your account has other linked accounts, Cooldapay may use any balance held in other linked accounts to offset the overdue amount in your account.
(e) We will correct any errors we discover. If an error results in you receiving less than the correct amount due, Cooldapay will add the difference to your account. If an error results in you receiving more than the correct amount due, Cooldapay will deduct the excess funds from your account.
12. User Information and Security
12.1. Personal Information. We take the protection of user personal information very seriously. When you use Cooldapay services, you agree that Cooldapay may collect, store, use, disclose, and protect your personal information in accordance with the Privacy Policy published on its website. We hope the Privacy Policy clearly introduces how the Cooldapay platform handles your personal information; therefore, we recommend you read the Privacy Policy in its entirety to better protect your privacy rights.
12.2. Information Authorization. To facilitate your use of Cooldapay service provider products/services on the Cooldapay platform system:
(a) With your separate consent, you authorize Cooldapay to transmit information you provide and generate during account registration and service use on the Cooldapay platform to service providers;
(b) (If applicable) To facilitate your use of relevant service provider services through the Cooldapay platform, upon separately authorizing the service provider, you agree that Cooldapay may display information you provide and generate during your use of relevant service provider products/services to you through the Cooldapay platform.
You understand and agree that, unless otherwise specified, service providers cooperating with/established on the Cooldapay platform connect to the Cooldapay platform through means including but not limited to API interfaces, embedding, integration, access, etc. If you use service provider products/services through the Cooldapay platform, the information and instructions you submit on the relevant service provider pages will be obtained directly by the service provider; Cooldapay will not process and/or retain the aforementioned information and instructions.
12.3. Instructions. Any instruction you send regarding any of your accounts is irrevocable once made. You acknowledge and agree that you are responsible for ensuring that the instructions you send us are accurate, and you shall indemnify us for any and all fees, costs, losses, claims, lawsuits or arbitration fees, attorney fees, preservation fees, and fines incurred by us in executing your instructions in accordance with this agreement and hold us harmless.
13. Liability, Disclaimer, and Indemnification
13.1. Limitation of Liability
Given the special nature of network services, users agree that the Cooldapay platform may change, interrupt, or terminate part or all of its network services.
You understand that the Cooldapay platform system requires regular or irregular maintenance or repairs to the Cooldapay platform providing network services or related equipment. If service interruption on the Cooldapay platform within a reasonable time occurs due to such circumstances, the Cooldapay platform shall not bear any liability, but the Cooldapay platform shall provide advance notice whenever possible.
You may only obtain direct damages from us, with the compensation amount not exceeding the amount of fees you paid to us during the three (3) months prior to the event giving rise to your claim. The Cooldapay platform shall not be liable for indirect, incidental, special, or consequential damages arising under this agreement, or any damages resulting from any of the following circumstances, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (regardless of whether the Cooldapay platform has been advised of the possibility of such damages):
(a) System downtime maintenance that has been notified in advance;
(b) Communication terminals or telecommunications equipment failure causing inability to transmit data;
(c) System obstacles preventing business execution due to force majeure events such as typhoons, earthquakes, tsunamis, floods, power outages, wars, terrorist attacks, etc.;
(d) Service interruption or delay caused by hacker attacks, technical adjustments or failures in telecommunications departments, website upgrades, third-party issues not attributable to the Cooldapay platform operator, etc.;
(e) Your improper operation;
(f) Your use of this service in a manner not authorized or permitted by the Cooldapay platform;
(g) Routine or emergency equipment and system maintenance, equipment and system failures, network information and data security factors, etc., when Cooldapay platform has exercised good faith management;
(h) Other circumstances beyond our control or reasonably foreseeable.
13.2. Disclaimer
You expressly understand and agree that the Cooldapay platform will, based on existing technology, use best efforts to provide corresponding security measures to ensure service security and normal operation. You agree that the Cooldapay platform provides Cooldapay platform services solely on an "as is" and "as available" basis. However, due to possible computer viruses, network communication failures, system maintenance, and other factors, as well as possible force majeure events, the Cooldapay platform expressly disclaims any express or implied warranties regarding the service, including but not limited to warranties of suitability, absence of errors or omissions, continuity, accuracy, reliability, or fitness for a particular purpose.
The Cooldapay platform makes no other express or implied warranties regarding the service (including but not limited to):
(a) The service will meet the user's requirements;
(b) The service will be uninterrupted, timely, secure, reliable, or error-free, and any products, services, or other materials obtained by the user through this service will meet the user's expectations;
(c) The results obtained from using the service will be accurate or reliable;
(d) Any errors in the service will be corrected;
(e) You assume all risk from using any materials obtained via the service; you are solely responsible for any damage to your computer system or data loss resulting from such use, and you agree to and assume the risks associated with using the Cooldapay platform on your own.
(f) Any disputes or losses arising from your authorization of a third party (including but not limited to service providers, etc.) or your access to/use of third-party products/services through the Cooldapay platform shall be borne by you alone.
(g) Any notice, oral or written, from the Cooldapay platform to you does not constitute any warranty obligation beyond that stated in this agreement or the notice.
13.3. Third-Party Products and Services
For third-party provider products/services, the service provider directly provides them to you through the Cooldapay platform. This agreement does not mean that the Cooldapay platform replaces the user as the service object of the third-party service provider, nor does it mean that the Cooldapay platform provides service provider products/services to the user. The Cooldapay platform makes no express or implied warranty as to the legality and validity of the service provider's and user's conduct, or the authenticity, legality, and validity of specific products/services. Service provider products/services will be directly provided to the user by the service provider.
(a) When you use products or services provided by service providers through the Cooldapay platform, you agree to comply with any business rules of such third parties and agree that any malfunction, accident, liability, or risk arising from such third parties' hardware, software, networks, storage, and related technologies shall be resolved between you and such third parties. The Cooldapay platform makes no promises or guarantees and assumes no liability in this regard.
(b) When you use the Cooldapay platform system or request the Cooldapay platform to provide specific services, the Cooldapay platform may, based on cooperation with third parties, call upon third-party systems or use third-party support for your use or access. The results of such use or access are provided by such third parties. The Cooldapay platform does not guarantee the security, accuracy, validity, or other uncertain risks of the services and content provided through third parties. Any disputes or damages arising therefrom have no relationship with the Cooldapay platform, and the Cooldapay platform assumes no liability.
13.4. Indemnification. Without limiting any other obligations you may have under this agreement, and in addition to any other obligations set forth in this agreement, you are at all times responsible for the acts and omissions of your employees, contractors, and agents, provided they are acting within the scope of their relationship with you. You agree to defend, indemnify, and hold harmless us and our affiliates, subsidiaries, officers, agents, and/or employees from any and all third-party claims arising out of: (1) or resulting from your violation of this agreement or applicable laws (including fines and penalties); (2) claiming that any products or services you provide infringe upon any third party's proprietary or personal rights; (3) claiming damages or losses caused by the negligence, fraud, dishonesty, or intentional acts of you or any of your employees, agents, or other representatives; (4) claims relating to the use or inability to use any products or services sold by you, including any product liability claims; or (5) any unpaid or underpaid sales, use, product and service, value-added, or other similar taxes for which you are obligated to pay, including any related penalties and interest, by any tax authority. We will: (1) notify you of such claim promptly in writing; provided, however, that our failure to notify you promptly does not relieve you of any liability you may have unless such failure materially prejudices your legal rights; and (2) upon your reasonable request, provide you with reasonable assistance in defending such claim. You will reimburse us or our affiliates for any reasonable out-of-pocket expenses incurred in providing such assistance. You may not make any settlement or compromise of, or admit or stipulate to, any error or liability on the part of us or our affiliates regarding such claim without our or our affiliates' express, prior written consent.
14. Intellectual Property
14.1. "Cooldapay.com", "Cooldapay", and any logos associated with Cooldapay services are trademarks or registered trademarks owned by Cooldapay and Cooldapay's licensors. You may not copy, imitate, modify, or use these logos without Cooldapay's prior written consent.
14.2. All page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Cooldapay. You may not copy, imitate, modify, or use these logos without Cooldapay's prior written consent.
14.3. To allow your users to directly access Cooldapay services on your marketplace, you may use HTML logos provided by Cooldapay for referral. You may not alter these logos in any way. You also may not use these logos in a manner that disparages Cooldapay or Cooldapay services or implies to your users that Cooldapay provides sponsorship or guarantee for you.
14.4. If you are using Cooldapay's software such as APIs, etc., Cooldapay grants you a revocable, non-exclusive, non-sublicensable, non-transferable, royalty-free license, the specific terms of which are set forth in the documentation accompanying the software. This license applies to the corresponding software and its updates, upgrades, new releases, and replacements. You may not rent, lend, or transfer your rights in such software to any third party in any form.
14.5. You must comply with all software installation and usage requirements related to Cooldapay services. If you violate the relevant requirements, you must bear any losses you cause to yourself, Cooldapay, or third parties. Upon notice from Cooldapay, Cooldapay may update or terminate your use of any API interface. You agree not to alter, copy, adapt, distribute, display, publish, reverse engineer, translate, decompile, or attempt to create new code from such software. You agree that Cooldapay owns all right, title, and interest in its software. Third-party software you use on Cooldapay's website is based on licenses you obtain from third parties. You agree that Cooldapay does not own or control these third-party software and does not bear any responsibility for them.
15. Dispute Resolution
15.1. You agree that for any claim or dispute between you and Cooldapay, either party may choose to resolve the dispute through legally binding arbitration. If one party chooses arbitration, that party will initiate such arbitration through the Hong Kong International Arbitration Centre (HKIAC). Any award from the arbitral body may be enforced in any court of competent jurisdiction.
15.2. If you have a dispute or disagreement with another Cooldapay customer, you shall resolve it through negotiation between yourselves. We will assist both parties in resolving the dispute or disagreement. Cooldapay will not participate in or unilaterally favor either party. Cooldapay only provides a remittance channel and bears no responsibility for your actions or losses.
16. Termination of Agreement
16.1. If you wish to terminate this agreement or your Cooldapay account, you need only stop using Cooldapay services. This agreement will terminate on the date you close your Cooldapay account and cease use. The provisions of this agreement concerning ownership, representations and warranties, indemnification obligations, jurisdiction, and limitations of liability shall survive the termination of this agreement.
16.2. Cooldapay has the right to close your account in accordance with the provisions of this agreement, and this agreement will terminate on the date of account closure.
16.3. Cooldapay has the right to terminate the website services in accordance with the provisions of this agreement, and this agreement will terminate on the date of complete termination of all website services.
16.4. After this agreement terminates, you have no right to demand that the website continue to provide any services or perform any other obligations, including but not limited to demanding that the website retain for you or disclose to you any information originally in your website account, or forward to you or any third party any information you had not read or sent.
16.5. Termination of this agreement does not affect the non-breaching party's right to demand that the breaching party bear other responsibilities.