Terms of Use & Refund Policy

A trading name of Dake Bromley Limited, a private company incorporated in Hong Kong under the Companies Ordinance (Cap. 622), Company No. 78791695.

This document (this "Agreement") consists of three integrated parts — the Terms of Use (Part A), the Privacy Policy (Part B), and the Refund & Cancellation Policy (Part C) — governing your access to and use of the HarbiX Pay International website at harbixpay.com and the HarbiX Pay International payment-link platform and related services (together, the "Platform"), provided by Dake Bromley Limited ("HarbiX Pay International", "the Company", "we", "us", or "our"). Parts A, B, and C together form a single binding agreement between you ("you", "the User") and the Company, and should be read as one document. In the event of any conflict between parts, Part A (Terms of Use) shall prevail, except that Part B (Privacy Policy) shall prevail on matters specifically concerning the processing of personal data.

Acceptance and Effective Date

THIS AGREEMENT TAKES EFFECT, AND BECOMES LEGALLY BINDING BETWEEN YOU AND THE COMPANY, ON THE DATE YOU OFFICIALLY SIGN UP FOR THE PLATFORM AND ACCEPT THIS AGREEMENT

— whether by ticking an acceptance box, clicking "I Agree" or an equivalent affirmative action, completing registration, or otherwise commencing use of the Platform (the "Effective Date"). Your Effective Date is specific to you and is recorded by the Company at the time of your acceptance; a record of that acceptance, including the version of this Agreement then in force, will be retained by the Company and made available to you on request.

You acknowledge and agree that your electronic acceptance of this Agreement, including by clickwrap or equivalent means, constitutes a valid and binding signature and expression of consent for all purposes, including under the Electronic Transactions Ordinance (Cap. 553) of Hong Kong, and that this Agreement shall not be denied legal effect, validity, or enforceability solely on the ground that it is in electronic form or was accepted electronically.

Where the Company subsequently updates this Agreement, the updated version becomes effective, and binding on you, on the earlier of (a) the date you affirmatively accept the update, where such acceptance is sought, or (b) your continued use of the Platform after the update is published and any notice period specified by the Company has elapsed. The "Last updated" date at the top of this document reflects the date this version of the Agreement was published.

PART A: Terms of Use

A.1 Nature of the Service

HarbiX Pay International is a technology platform. HarbiX Pay International provides Users with a technology interface through which they may access multi-currency payment, digital wallet, and cross-border money transfer functionality, including in connection with transfers between Hong Kong, the United Arab Emirates, and other markets in the Middle East and elsewhere (the "Service"). The Service is delivered through integration with one or more third-party, independently regulated financial service providers engaged by the Company from time to time (each, a "Provider"), which may include payment institutions, e-money or wallet issuers, licensed money service operators, or other regulated financial institutions, as identified to Users during onboarding or otherwise made available on the Platform.

• HarbiX Pay International does not hold, custody, or have control over User funds at any time, except to the limited extent, if any, that applicable law and the terms of the relevant Provider expressly permit and the Company discloses to Users.
• HarbiX Pay International is not a bank, deposit-taking institution, or authorized institution under the Banking Ordinance (Cap. 155), and does not itself provide banking, custody, deposit-taking, or money remittance services.
• All currency conversion, wallet, custody, and cross-border transfer or remittance services are performed by the applicable Provider(s), in accordance with the Provider's own license, terms, risk controls, and jurisdictional coverage.
• Your use of any Provider's underlying financial service is also subject to that Provider's own terms of service and its own KYC/onboarding requirements, which you must separately accept, and which take priority over this Agreement in respect of matters within that Provider's exclusive control (including settlement timing, reserves, exchange rates, transfer limits, and fund holds).

HarbiX Pay International's role is limited to providing the technology interface, dashboard, onboarding facilitation, and related software functionality that connects Users to one or more Provider(s). The identity of the Provider(s) integrated with the Platform may change from time to time as the Company establishes, varies, or discontinues relationships with Providers, and such changes do not require an amendment to this Agreement; the then-current Provider(s) applicable to a given service will be disclosed to Users through the Platform or during onboarding. HarbiX Pay International makes no representation or warranty regarding, and accepts no responsibility for, the availability, performance, licensing status, or regulatory standing of any Provider.

A.2 Eligibility and Account Registration

To use the Platform, you must complete our onboarding process, which includes identity verification ("KYC") and, where you register on behalf of a business, business verification ("KYB") checks, and separately complete any onboarding, verification, or underwriting process required by the relevant Provider. You must be at least 18 years of age and have the legal capacity and authority to enter into this Agreement on behalf of yourself or the business you represent. The Company may, in its sole and absolute discretion, accept or decline any application to register without being required to give reasons.

You agree to provide accurate, current, and complete information during registration and to promptly update such information if it changes. You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account, whether or not authorized by you. We reserve the right to refuse, suspend, or terminate any account where information provided is inaccurate, incomplete, or where verification cannot be satisfactorily completed, without liability to you.

A.3 User Obligations

As a User, you represent, warrant, and agree that:

• You will only use the Platform for legitimate purposes, including the transfer, receipt, or holding of funds in connection with your own lawful business or personal activity, and will not use the Platform on behalf of any third party who has not been separately verified in accordance with our onboarding requirements;
• Your use of the Platform will comply with all applicable laws, including foreign exchange control, consumer protection, tax, export control, and anti-money laundering laws in every jurisdiction in which you operate, including any jurisdiction-specific restrictions applicable to transfers involving Hong Kong, the United Arab Emirates, or other Middle East markets;
• You will not use the Platform for any business or activity listed as prohibited under our Acceptable Use Policy;
• You are solely and exclusively responsible for the accuracy of recipient, beneficiary, and account details you submit, and for the lawfulness of the underlying purpose of any transfer, payment, or wallet activity you initiate, and the Company bears no responsibility whatsoever in this regard;
• You will cooperate promptly and fully with any request from us or a Provider for additional information or documentation, including in relation to source of funds, source of wealth, or beneficial ownership;
• You will not attempt to use the Platform to circumvent the geographic, sanctions, transfer-limit, or business-category restrictions of any Provider;
• You will maintain all licenses, registrations, and authorizations required for your business in every jurisdiction in which you operate, and will provide evidence of the same to the Company upon request.

A.4 Fees, Set-Off, and Taxes

HarbiX Pay International charges fees for use of the Platform as set out in the applicable fee schedule made available to you during onboarding or in your account dashboard ("Fee Schedule"). Fees may include a transaction-based platform fee and, where applicable, a foreign-exchange conversion margin. Fees are in addition to, and separate from, any fees, exchange-rate spreads, or transfer charges applied directly by the Provider. We may amend the Fee Schedule at any time upon reasonable notice, and your continued use of the Platform after the amended Fee Schedule takes effect constitutes your acceptance of it.

The Company may deduct, withhold, or set off any fees, charges, penalties, or amounts owed by you to the Company against any amount otherwise payable to you, whether directly or via instruction to the applicable Provider. You are solely responsible for determining and remitting any taxes, duties, or levies applicable to your use of the Platform or any transfer, payment, or wallet activity you conduct; the Company has no responsibility for the assessment, withholding, or remittance of any such taxes on your behalf.

A.5 Payment, Wallet, and Transfer Processing

All currency conversion, wallet custody, and cross-border transfer or remittance functionality is carried out by the applicable Provider in accordance with that Provider's own terms, license, risk controls, and timelines. Settlement timing, transfer limits, reserve requirements, exchange rates applied, and any holds or delays are determined solely by the Provider and are entirely outside the Company's control; the Company shall have no liability whatsoever for any such holds, delays, reserves, exchange-rate movements, or restrictions.

HarbiX Pay International is not a party to, and does not guarantee, any payment, wallet balance, or transfer facilitated via a Provider. Where a Provider suspends, restricts, freezes, or terminates a User's account or wallet for any reason, HarbiX Pay International shall have no liability for any resulting loss, delay, or inability to access funds, and shall have no obligation to intervene with the Provider on the User's behalf, although it may elect to assist at its sole discretion.

A.6 Errors, Reversals, and Disputes

Responsibility for verifying recipient and transfer details before submission rests entirely with the User. Cross-border transfers and wallet transactions may not be reversible once processed by a Provider. Handling of erroneous transfers, disputed transactions, and requests for reversal is addressed in Part C of this Agreement and is otherwise subject to the applicable Provider's own dispute-resolution and error-resolution processes. HarbiX Pay International may, at its sole discretion, assist in facilitating communication between parties but does not adjudicate disputes and bears no liability for any reversal, recall, or dispute outcome. You agree to reimburse the Company for any fees, penalties, or losses the Company incurs as a result of your transactions.

A.7 Suspension and Termination

The Company may suspend or terminate your access to the Platform at any time, with or without notice and without liability to you, if the Company reasonably believes that you have breached this Agreement, our Acceptable Use Policy, applicable law, or the terms of any Provider, or if required to do so by a Provider, regulator, or law enforcement authority, or where the Company otherwise determines, in its sole discretion, that suspension or termination is necessary to protect the Company, its other Users, or the integrity of the Platform. You may close your account at any time by contacting us at [email protected], subject to settlement of any outstanding transactions, fees, or obligations. Termination of your account does not relieve you of any obligation to pay fees or amounts already accrued, or of your indemnification obligations under this Agreement, which survive termination.

A.8 Intellectual Property

All rights, title, and interest in the Platform, including software, source code, design, trademarks (including the "HarbiX Pay International" name and logo), databases, and content, belong exclusively to Dake Bromley Limited or its licensors. Nothing in this Agreement grants you any right, title, or license to use our trademarks, branding, or intellectual property except to the limited extent strictly necessary to use the Platform as intended, and such license is revocable at any time. You grant the Company a non-exclusive, worldwide, royalty-free license to use your business name, logo, and trademarks solely for the purpose of identifying you as a User of the Platform and in the Company's marketing materials, unless you notify us otherwise in writing.

A.9 Disclaimers

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR ENDORSEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION. THE COMPANY DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR FREE OF DEFECTS, THAT ANY PROVIDER WILL CONTINUE TO BE AVAILABLE, OR THAT ANY DEFECT WILL BE CORRECTED.

A.10 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Dake Bromley Limited, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFIT, REVENUE, GOODWILL, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE PLATFORM, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND YOUR USE OF THE PLATFORM, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE LESSER OF (A) THE TOTAL PLATFORM FEES ACTUALLY RETAINED BY HarbiX Pay International (EXCLUDING AMOUNTS PASSED THROUGH TO ANY PROVIDER) IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD 500.

Nothing in this Agreement limits or excludes liability that cannot be limited or excluded under applicable law, including under the Control of Exemption Clauses Ordinance (Cap. 71) of Hong Kong, such as liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.

A.11 Indemnification

You agree to fully indemnify, defend, and hold harmless Dake Bromley Limited, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees on a full indemnity basis), arising out of or in any way connected with: (a) your use of the Platform; (b) your breach of this Agreement; (c) your violation of any law or third-party right; (d) any transaction, product, or service you offer through the Platform; (e) any dispute between you and any counterparty or recipient in a transaction; or (f) any negligent or wrongful act or omission by you. This indemnification obligation survives termination of this Agreement and is not subject to the liability cap in Section A.10, which applies only to the Company's liability to you.

A.12 Compliance with Laws and Sanctions

You represent and warrant that you are not, and will not become, a person or entity that is subject to sanctions, prohibitions, or restrictions administered by the United Nations, Hong Kong, the United States (OFAC), the European Union, the United Kingdom, or any other applicable authority. The Company reserves the right to immediately suspend or terminate your access, without liability, if it reasonably believes you are, or have become, subject to any such sanction or restriction.

A.13 Relationship of the Parties

Nothing in this Agreement creates any partnership, joint venture, agency, or employment relationship between you and the Company. You have no authority to bind the Company or to make any representation, warranty, or commitment on the Company's behalf, and you must not represent otherwise to any counterparty or third party.

A.14 Governing Law and Dispute Resolution

This Agreement is governed by, and construed in accordance with, the laws of the Hong Kong Special Administrative Region, without regard to conflict of law principles.

Any dispute, controversy, or claim arising out of or relating to this Agreement, including its existence, validity, interpretation, performance, breach, or termination, shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force at the time the arbitration is commenced. The seat of arbitration shall be Hong Kong. The tribunal shall consist of a single arbitrator appointed in accordance with the said Rules. The arbitration shall be conducted in the English language. Notwithstanding the foregoing, the Company may, at its sole discretion, seek injunctive or other equitable relief from any court of competent jurisdiction to protect its intellectual property, confidential information, or the security or integrity of the Platform. To the extent permitted by applicable law, disputes shall be resolved on an individual basis only, and you agree not to bring or participate in any class, collective, or representative proceeding against the Company.

A.15 Changes to This Agreement

The Company may update this Agreement from time to time in accordance with the acceptance mechanism described in the "Acceptance and Effective Date" section above.

A.16 General

• Severability: if any provision of this Agreement is found unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if it cannot be so modified, and the remaining provisions will continue in full force and effect.
• Assignment: you may not assign, transfer, or sub-license your rights or obligations under this Agreement without the Company's prior written consent; the Company may freely assign, transfer, or sub-contract this Agreement or any of its rights and obligations, including in connection with a merger, acquisition, restructuring, or sale of assets, without your consent.
• No waiver: the Company's failure to enforce any right or provision of this Agreement shall not be deemed a waiver of such right or provision.
• Entire agreement: this Agreement, together with our Acceptable Use Policy, AML/KYC & Compliance Policy, Cookie Policy, and any Fee Schedule, constitutes the entire agreement between you and the Company regarding the Platform, and supersedes all prior discussions, representations, or agreements, whether written or oral. You confirm that you have not relied on any statement not expressly set out in this Agreement.
• Force majeure: the Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including Provider outages, internet or telecommunications failures, acts of government, or events of force majeure.

A.17 Contact

For questions about this Agreement, please contact HarbiX Pay International at [email protected], or write to us at Dake Bromley Limited, Unit 1009, 10/F., Hung Hom Commercial Centre, Tower B, 37 Ma Tau Wai Road, Hung Hom, Hong Kong.

PART C: Refund & Cancellation Policy

This Part C explains how erroneous transfers, reversals, and cancellations are handled in connection with payment, wallet, and cross-border transfer activity conducted through the Platform. Because the Platform supports currency conversion, wallet, and transfer functionality rather than card-based purchases of goods or services, this Part C addresses transfer errors and reversals rather than consumer-goods refunds; where a User's activity does involve an underlying sale of goods or services between a User and a third party, that underlying sale remains a matter between the User and that third party and is not governed by this Part C.

C.1 Our Role

HarbiX Pay International is a technology platform. We do not hold, custody, or control User funds, and are not a party to any transfer, currency conversion, or wallet transaction facilitated via a Provider. All processing, reversal, and error-resolution functionality is provided exclusively through the applicable Provider, in accordance with that Provider's own terms, license, and operating rules.

HarbiX Pay International cannot, and shall have no obligation to, directly reverse, recall, or refund any transaction outside of the mechanisms made available through the relevant Provider.

C.2 Before You Send: Your Responsibility

Each User is solely and exclusively responsible for:

• Verifying the accuracy of all recipient, beneficiary, account, and routing details before submitting any transfer or payment instruction;
• Confirming the intended currency, amount, and destination market (including where a transfer involves Hong Kong, the United Arab Emirates, or other Middle East markets) before submission;
• Understanding that cross-border transfers and wallet-to-wallet transactions may be irrevocable once accepted for processing by a Provider, and that recall or reversal, where available at all, is not guaranteed.

The Company bears no responsibility for losses arising from a User's submission of incorrect, incomplete, or outdated recipient or account information.

C.3 Requesting a Reversal or Recall

Where a User believes a transfer was sent in error, sent to the wrong recipient, sent for an incorrect amount, or was otherwise processed incorrectly, the User should notify the Company promptly at [email protected]. The Company will, at its sole discretion and without any obligation to achieve a particular outcome, relay the request to the applicable Provider. Whether a reversal, recall, or correction can be effected, and the time this takes, is determined entirely by the Provider, the receiving institution, and applicable payment-system rules, and is outside the Company's control. Some transfers, particularly cross-border transfers that have already settled with the receiving institution, may not be recallable at all.

C.4 Cancellation Before Processing

A User may cancel a payment, transfer, or wallet instruction only if it has not yet been submitted for processing by the applicable Provider. Once an instruction has been accepted for processing, it can only be addressed through the reversal or recall process described in Section C.3 above, subject to the Provider's ability to effect such a reversal or recall.

C.5 Failed, Delayed, or Duplicate Transactions

If a User believes a transaction failed to complete, was duplicated, or funds were debited without a corresponding successful transfer, the User should contact us at [email protected] promptly. The Company may, at its sole discretion, assist in facilitating communication with the relevant Provider, without assuming any liability or obligation to resolve the matter. Investigation and resolution timelines are determined by the Provider and any receiving institution involved.

C.6 Wallet Balances

Where the Service includes a wallet or stored-balance functionality provided by a Provider, any balance held reflects funds held by, and is a claim against, the relevant Provider (or, where applicable, a licensed institution engaged by that Provider) and not against the Company. Terms governing access to, and withdrawal or redemption of, wallet balances are set by the relevant Provider and disclosed to Users during onboarding.

C.7 Platform Fees

Fees charged by HarbiX Pay International for use of the Platform are separate from the underlying transaction amount and, except where required by applicable law, are strictly non-refundable under all circumstances, including where a transaction is subsequently reversed, recalled, or found to have failed.

C.8 Changes to This Part

We may update this Part C from time to time in accordance with the acceptance mechanism described in the "Acceptance and Effective Date" section at the start of this Agreement. The version of this Part in force at the time of a transaction will apply to that transaction.

C.9 Contact

For questions about this Part or assistance with a specific transaction, please contact us at [email protected].