WeChat Payment System User Service Agreement (20230813)

ENGLISH TRANSLATION FOR REFERENCE ONLY. In the event of any conflict between this translation and the original Chinese version, the Chinese version shall prevail.

Please click here for the WeChat Pay Europe – EU User Addendum.

Important Reminder:

Tenpay Payment Technology Co., Ltd. (for ease of understanding, hereinafter referred to as “the Company”) provides WeChat Pay service for users (hereinafter referred to as “you”) in accordance with this agreement. This agreement is legally binding on you and the Company.

You shall read and abide by this Agreement and Tenpay Service Agreement prior to your use of the WeChat Pay service. Since WeChat Pay service is a service provided by the Company via WeChat and WeChat public platform, when you use the Service, you would also need to use WeChat or Weixin software service, so you shall read and comply with Agreement on Software License and Service of Tencent Weixin. You shall also read and abide by Weixin Official Account Admin Platform Service Agreement if you use WeChat official platform service. The Company hereby informs you to carefully read and fully understand the terms of the aforesaid agreements, especially the terms regarding the exemptions or limitations to the Company’s obligations, limitations to your rights, and dispute resolution methods stipulated therein. Please read carefully and determine whether to accept the aforesaid agreements (minors shall read under the supervision of their guardians). If you have any question about this agreement, please contact the customer service department.

1. The Service

1.1 WeChat Pay service refers to the money transfer service provide by the Company for the recipient and the payer via WeChat and WeChat public platform (hereinafter referred to as “the Service”).

1.2 The Service includes two types of payment service: Balance Payment and Quick Payment.

1.2.1 Balance Payment refers to the payment method via which you would transfer funds using the balance in the payment account that the Company has set up for you. You acknowledge and agree that when the Company sets up a payment account for you, the Company will link your WeChat account to the newly set up payment account so that you can use the payment account through WeChat’s “Balance” function (hereinafter, “Balance,” referring to the payment account, which is the same as the Tenpay account referred to in the Tenpay Service Agreement). You have the right to use the funds in “Balance” for spending and transferring. If there is no enough funds in your “Balance”, you should enable Quick Payment first and use it to top up your “Balance”. You can also increase the balance in “Balance” by accepting transfers from others.

1.2.2 Quick Payment refers to the payment method via which you would delegate the Company to directly deduct and collect funds from your bank account. Quick Payment can be used for topping up the balance in “Balance”, for spending, transferring, and other purposes. If you need to use Quick Payment on the WeChat app, you should enter, on the “Add bank card” page of the WeChat app, your real name, ID number, bank card number, expiration date (required for credit card holder), and the cellphone number linked to the bank account. You will be able to use Quick Payment after the aforementioned information is verified by the Company and your bank. You have acknowledged and agreed that if you are unable to use the Service normally because your bank account’s function, limits, type, or other attributes have changed, or that your bank account has been closed or merged, you shall consult with the bank to solve the problem and promptly notify the Company. The Company can provide necessary support and coordination. The Company will manage/adjust the transaction limit that you may use according to regulatory requirements, payment scenarios, transaction risk control, bank quota control and/or the cooperation with the banks and other factors. You may check the reference limit through the Company's website and/or the interaction page, and the actual limit is subject to the limit notice for your actual payment. If there is no limit notice on the cashier page when making the payment, the notice will be presented after the limit is exceeded.

1.3 You understand and agree that the above procedures of the Service may be adjusted due to changes in applicable scenarios and continuation of certain functions. Therefore, the actual procedures provided by the Company shall prevail.

1.4 In order to meet the requirements of national laws and regulations regarding operations of non-bank payment institutions, you authorize the Company to inquire and verify your identity information, account information, and foreign currency purchase quotas with state agencies, financial institutions, enterprises and institutions to the extent permitted by laws or after obtaining your authorization.

1.5 You understand and agree that, to the extent permitted by laws, the Company has the right to revise the content of this agreement according to the needs of business operations adjustments, and publish in advance the latest service agreement on the Company’s website or on the WeChat app. You shall pay attention to and understand the latest service agreement released by the Company. The latest service agreement will take effect after 30 days upon its release. If you do not agree to the content of the latest service agreement, you have the right to stop using the Service.

1.6 You are aware that the balance of funds tracked by “Balance” is different from that of your own bank deposit account, is not protected by the Regulations on Deposit Insurance, and is essentially the prepaid value that you have entrusted Tenpay to keep and is attributable to you. The fund corresponding to this prepaid value belongs to you, but is not deposited with the bank under your name. Rather, such fund is deposited with the bank under the name of Tenpay, and the fund transfer instruction to the bank shall be initiated by Tenpay.

2. Account and Information Security

2.1 You should personally set up the login password and payment password for your WeChat account and keep them properly. Your WeChat account will be linked to the payment account configured by the Company and cannot be used alone for payment. If your WeChat account is closed, the payment account linked to it will also be closed, as a result of which you will no longer be able to use the Service via your WeChat account. In order to meet the requirements under relevant laws and regulations and to use the core functions of the Service, you need to submit your name, ID number, cellphone number, bank card information and other information. You authorize the Company to save your name, ID number, cellphone number, bank card number, transaction orders, transaction records and other information within the scope prescribed by law in order for the Company to continuously provide and promote quality services to you. You agree that:

2.1.1 You should provide and update timely your information in accordance with the Company’s requirements. If the information you provide is false, inaccurate, outdated or incomplete, the Company has the right to suspend or terminate the provision of some or all of the Service to you.

2.1.2 You should provide and update accurate contact information so that the Company can contact you in a timely and effective manner. If you fail to do so, the Company may not able to contact you and provide you with part or all of the Service.

2.1.3 You should update your identity information and related materials in a timely manner. If you do not update in time and, consequently, the Service becomes unavailable or your WeChat Pay account is fraudulently used by others, you shall bear the corresponding risks.

2.1.4 If you are an individual user, you confirm that, in any of the following events, the Company has the right to request verification of your valid ID and/or other necessary documents, to keep a scanned copy of your valid ID, and to complete relevant authentication as required by the Company. You should actively cooperate, otherwise the Company has the right to limit or to stop providing to you part or all of the Service:

A. You top up, receive or pay a single amount exceeding RMB10,000 or a single amount in foreign currency exceeding the equivalence of USD1,000;

B. The total amount that has been topped up, received, or paid within 30 days under all of your WeChat Pay accounts exceeds RMB50,000, or, if in foreign currency, exceeds the equivalence of USD10,000;

C. The total balance of all of your WeChat Pay accounts exceeds RMB 5,000 or, if in foreign currency, exceeds the equivalence of USD1,000 for 10 consecutive days;

D. You use the Service to buy or sell financial products or services;

E. Your identity information or related information is suspicious, or that your trading behaviors or trading conditions are abnormal;

F. Other circumstances stipulated by laws and regulations have arisen that it becomes necessary to verify or retain your identification documents or other necessary documents.

The terms “exceeds” and “exceeding” as used in this article shall be read to mean “exceeds or is equal to” and “exceeding or equal to,” respectively.

2.1.5 If the Company requires you to supplement identity information or related information under the requirements of national laws and regulations, rules by government departments or regulatory agencies, and if you cannot provide such information in time, the Company has the right to suspend or terminate the provision of some or all of the Service to you.

2.1.6 The name, nickname and profile picture you set up in your WeChat Pay account must comply with the relevant laws and regulations, public order, good customs, and social morality, and will not infringe on the legitimate rights and interests of third parties. Otherwise, the Company has the right to take restrictive measures on your WeChat Pay account, such as blocking and revoking the nickname and profile picture of your WeChat Pay account and stopping providing some or all of the Service. When you use the Service, your nickname and profile photo will be shown on the transactions details and receipt book, etc. of you and your counterparty, for your and your counterparty’s convenience of getting the transaction details.

2.1.7 You shall fully and clearly understand the legal responsibilities and penalties of renting, lending, selling or buying a WeChat Pay account. You undertake to open and use your own account according to applicable laws and regulations.

2.2 You should keep the following information, materials and hardware devices properly:

(1) Bank card, password, CVV code, expiration date, and other card information;

(2) WeChat account and login password;

(3) WeChat Pay password and gesture password;

(4) Information related to cellphone and other mobile devices and SIM card information, QR code (bar code) information;

(5) Biometric identification information such as fingerprint information, iris recognition information, face recognition information, and voiceprint information.

You should keep the aforementioned information, materials and hardware devices properly, and ensure that your mobile devices such as your cellphone are operated and used in a safe, virus-free, uninvaded, unmonitored, uncontrolled environment. If you have leaked any of the aforementioned information or materials or lose any of the aforementioned devices, you shall bear the consequent risks and losses.

2.3 When any of the following situations occurs, you should promptly contact the Company’s customer service department to minimize any potential losses:

(1) You have accidentally lost or leaked the information listed in Article 2.2 of this agreement;

(2) You have lost your cellphone or other mobile devices or your SIM card;

(3) You have left the cellphone number of another person while opening your bank account;

(4) Third parties have fraudulently used or stolen your identity information or account information;

(5) Any other use of your WeChat account, the Service or your bank account without your legal authorization.

If any of the situations above occurs, please call our customer service number 95017 promptly.

If you fail to notify the Company in a timely manner, you shall be liable for any losses incurred thereby, unless the Company has been acting intentionally or with gross negligence.

2.4 The Company has the right to adjust the quantities, types, limits and functions of your payment accounts in accordance with national laws and regulations, rules, industry specifications, regulatory policies, and other requirements. The adjustment will be made in consistency with risk management of your payment account. If you have applied for adjustment under relevant laws and regulations and the review has been approved, the approved adjustment shall prevail.

2.5 During your use of the Service, if you suffer any loss as a result of your account being misappropriated by others, we will provide you with financial security in accordance with the User Security Protection Rules.

3. Functions of the Service

3.1 Consumption Payment

You can use the Service to purchase goods and services from merchants, and the Company will deduct the corresponding funds from your “Balance” or linked bank account and transfer the funds to the merchant account according to your or the merchant’s trading instruction.

3.2 Transfer/Receipt

Transfer: You can use the Service to transfer funds to your designated payee. The Company will deduct the corresponding funds from your “Balance” or the linked bank account and transfer the funds to the payee’s WeChat Pay account or bank account.

Receipt: You can also receive funds transferred from others by using the Service. The Company can transfer the funds to your “Balance”. You can also transfer the funds within the limits of your “Balance” balance to your linked bank account. The Company can also transfer the balance in “Balance” directly to your linked bank account under relevant laws or under this agreement.

Implementation: The Company implements the transfer and receipt functions through “WeChat Red Packet,” “Transfer,” “Receive Money,” “Reward Code,” “Split Bill,” and “Transfer to Bank Card” in the WeChat app.

3.3 Payment to Merchant

In order to facilitate your use of small-amount payment service, you shall provide your QR code (barcode) information to the merchant. After the merchant obtains your QR code (barcode) information, you can complete the payment without entering payment password or SMS verification code for transactions under a certain amount limit (the Company will adjust the amount limit according to relevant regulations, your own preference and your transaction risk). By opening and using this function, you are deemed to have agreed to have and authorized the Company to transfer the transaction funds from your “Balance” or bank account to the merchant account without verifying your payment password, SMS verification code and other information. When you use the Service, you shall comply with the terms of the WeChat Pay Payment Code Service Agreement.

3.4 Password-Free Payment

In order to facilitate your use of small-amount payment service, when you first activate this function on the corresponding page, after you have entered the payment password or completed fingerprint/face verification and make authorization and confirmation to the Company, the Company shall have the right to directly deduct the corresponding funds from your “Balance” or bank account, following the merchant’s instruction, the specific verification process is subject to the actual service process prompts. When you use this function the second time, if the transaction is under a certain amount limit, the Company will not need to verify your payment password, SMS verification code and other information to transfer funds from your “Balance” or bank account to the merchant’s account. If you want to cancel the deduction authorization to the Company, you should complete the cancellation on the WeChat app before the deduction instruction is carried out.

3.5 Inquiry

The Company will record the transaction status of your use of the Service. You can check the transaction history on the WeChat app.

3.6 Linking/Unlinking Bank Cards

You can link a new bank account, a bank card, or unlink a bank account or a bank card on the WeChat app.

3.7 Editing/Resetting Password

You can edit the original password or reset the password by providing bank card and personal information.

3.8 Refund

If you apply for a refund related to a WeChat Pay transaction, after the refund is successful, the Company can refund the money directly to your linked bank card or “Balance”.

3.9 Top-up and Withdrawal

Top-up: You can transfer funds from your linked bank account to your “Balance” account.

Withdrawal: You can transfer the funds in your “Balance” account to your linked bank account.

3.10 Entrusted Purchase and Settlement of Foreign Exchange

If you use the consumption payment and transfer/receipt functions of the Service in cross-border scenarios and make settlements in foreign exchange, the Company will act as an agent for the purchase, payment and settlement of foreign exchange with the Company’s domestic cooperating bank in your name (for details, please refer to Addendum I “Addendum to Entrusted Purchase and Settlement of Foreign Exchange”).

4. Use of the Service

4.1 Any payment instruction issued by your WeChat account while you are logging in is regarded as payment instruction issued by yourself. You understand and agree that due to the promptness of the transfer of funds, the payment instruction will be effective immediately after it is issued. The Company has the right to deduct and receive funds according to payment instructions issued by you. You should keep your mobile phone and other electronic devices, payment password, SMS verification codes, digital certificates, electronic signatures, barcodes, QR codes, and other information and materials for WeChat Pay safely. Any damages caused by your leakage, loss, replication, and transfer of the aforementioned information or materials shall be borne alone by you.

4.2 You understand and agree that, in order to bring to you a better payment experience, for a certain number of payment transactions under a certain amount limit (according to the relevant rules of use), the Company shall not be required to verify your WeChat Pay password before carrying out deduction and collection operations according to the transaction instructions from you, the merchant or the payee (such as “Payment to Merchants” and “Password-Free Payment”) on your “Balance” and linked bank account.

4.3 You voluntarily submit an application to the Company’s cooperating bank (specifically, the bank you confirm on the operation interface, hereinafter referred to as the “Deposit Bank”) to open a bank account and apply for payment transactions through such bank account. You agree and authorize that: 1) the Company will transfer your personal information (such as name, ID number, mobile number, bank card information, etc.) required for opening a bank account to the Deposit Bank; 2) the Company can transfer the transaction funds from your “Balance” to your designated bank account for making payment; 3) the Company can deduct the transaction amount from the bank account you have designated for making payment to complete the transaction. You shall use the bank account according to your agreement with the Deposit Bank. If any of the following events occurs, the Company shall have the right to immediately suspend the Service:

(1) You use the Service for illegal purposes;

(2) You have violated laws, regulations, agreements, or rules for using the account;

(3) It is risky to provide the Service to you;

(4) Your bank account is invalid, expires or has been closed, etc.;

(5) The Company is unable to provide the Service due to Bank system failure and system upgrade.

4.4 If you have enabled the WeChat fingerprint payment or face payment function, you are deemed to have agreed that, when you use such function, within certain amount limit, the Company shall not need to verify your payment password or SMS dynamic code, and can carry out deduction and collection operations on your “Balance” and linked bank accounts following transaction instruction by you, the merchant, or the payee, in reliance on the fingerprint verification/face verification information sent by your mobile phone or other mobile devices.

If you have enabled the face pay service of WeChat Pay on the WeChat app or devices supporting face pay service of WeChat Pay, the Company will provide you with the corresponding services in accordance with this agreement and the Face Pay of WeChat Pay Service Agreement.

4.5 You understand and agree that the Company is not a bank or financial institution and cannot provide services that ensure immediate transfer of funds to your account. You acknowledge that it takes reasonable time for the transfer of funds to be completed.

4.6 During the course of your use of the Company’s Service, the Company is not responsible for any risks related to currency depreciation, exchange rate losses, interest losses and other risks related to your management, collection or payment of funds, and the Company does not need to pay you any proceeds of payment interests.

4.7 While using the Service, if there is no transaction record within six months from the date of opening your WeChat Pay account, the Company is entitled to suspend the Service. The Service can be resumed upon re-verification of your identity.

4.8 When you use the Service, you shall pay only after carefully confirming the transaction and the amount. The Company has the right to deduct and transfer the funds to the payee according to your instructions. At that time, you should not ask the Company to refund or assume other responsibilities for reasons such as having not signed the transaction documents, inconsistent signatures, and not wishing to trade.

4.9 You are responsible for the legitimacy, authenticity, completeness and validity of the instructions you have issued during the use of the Service. You shall be responsible for the Company’s operations under your instructions.

4.10 You should complete your physical information in accordance with the laws, regulations and regulatory requirements for real-name certification, otherwise you may be subject to restrictions on collection, withdrawal and/or payment (such as Balance, Red Packet, Wealth Management), and the Company has the right to suspend transfer from and payment to your WeChat Pay account until you meet the requirements for real-name certification.

4.11 You agree that the Company has the right to inform you the use of the Service by in-app notification, e-mail, Tenpay website notice, telephone or fax, etc.

4.12 The Company provides real-time transfer, normal transfer, next-day transfer, and other transfer methods to you to choose from (except for WeChat Red Packet). You can choose the default transfer method (the transfer method you have chosen the first time is the default transfer method; you can also adjust the default transfer method). To protect the safety of your funds, the Company will set the daily maximum transfer amount and the maximum number of transactions that can be completed within one day based on the risk management status of your account, or the Company will complete transfers according to the daily maximum amount and the number of transactions you have so chosen. The Company will not complete transfer transactions that exceed any of such limits.

In the payment to merchant scenario and part of deduction scenario, you can set a preferred payment method. The company will give priority to the payment/deduction method you set. If the payment fails, we will try to use other payment methods to complete the payment/deduction. If you do not set the preferred payment method, in order to get a good payment experience, the Company will provide services for you according to your payment habits or the settings recommended by the Company, and you can change the preferred payment method of relevant scenarios at any time unless there is a special agreement in the specific scenario authorized or agreed by you.

4.13 You promise not to use the Service for any unlawful purposes or in any illegal way. You will not use the Service for trading goods that have been prohibited or restricted by laws or regulations from being held or traded.

4.14 You may not use the Service to perform any of the following acts:

(1) Oppose the basic principles set in the Constitution, endanger national security, leak state secrets, subvert state power, or undermine national unity;

(2) Infringe other people’s reputation, privacy rights, trade secrets, trademark rights, copyrights, patents, or other rights;

(3) Fraudulently use the Service in the name of another person or submit telephone number or ID number that cannot be verified;

(4) Engage in any illegal transactions such as selling firearms, drugs, banned medicines, pirated software, buying or selling POS machines (including MPOS) online, card readers or other similar terminals, or selling other prohibited items;

(5) Provide gambling information or induce others to participate in gambling in any way;

(6) Become suspected of implementing or implement money laundering, cashing out or conducting pyramid scheme activities;

(7) Use an invalid credit card or another person’s credit card for trading;

(8) Use an invalid bank account or another person’s bank account for trading;

(9) Infringe the system of the Service;

(10) Violate laws and regulations, regulatory requirements, or terms, agreements, rules, notices or other requirements on the Company’s website (https://www.tenpay.com/v3/);

(11) Rent, lend, sell, or purchase bank account or payment account, fraudulently use another person’s identity, or make up agency relationship in order to open bank account or payment account;

(12) Engage in other acts that violate national laws, regulations, rules, policies, or this agreement.

4.15 You agree and understand that the Service depends on the accurate operation of the system. In the event that any party, including you, the counterparty or the Company, obtain benefits unduly as a result of an error situation that requires information interaction or accounting adjustment due to communication between the parties to the transaction, system abnormality or human reasons, you agree that the Company may take reasonable corrective measures such as correction of errors, adjustment of accounts, withholding of payments, etc. You acknowledge and agree that any minor errors in the amount of rates involved due to rounding to two decimal places will be recognized..

4.16 While using the Service, if you have questions or comments, please contact us by calling our customer service number 95017 or through online customer service. In order to provide you with the customer service, the Company, based on your questions and comments, may request you to provide the corresponding identity information, transaction information or other supporting materials, which is subject to the customer service prompts.

5. Service Fees

You understand that the Service comes with operating costs. For the sake of maintaining continuous operation, the Company has the right to charge you service fees. The service fee standard and actual method for charging service fees is finalized in the various notices and notifications you will receive while using the Service. Unless otherwise specified by laws and regulations, notices and notifications issued by the Company regarding various types of charges are part of this agreement. The service fee standards determined by the notices and announcements shall come into effect after 30 days upon its release. If you do not agree to the service fee standards or charging method determined by the notices and announcements, you have the right to stop using the Service.

6. Observation of Local Laws

6.1 In the process of using the Service, you should abide by local laws and regulations, and respect local ethics and customs. If your behaviors violate local laws, regulations or moral customs, you should be solely responsible for any such consequences.

6.2 If your country or region prohibits or restricts all or part of the content of this agreement, you should immediately stop using the Service.

7. Liabilities and Limitations

7.1 The Company only provides the Service and does not participate in specific goods or services transactions. When you use the Service, for any dispute or liability arising from the transaction of goods or services, please contact the responsible party.

7.2 The Service is provided at the current technical level. The Company will try its best to provide services for you, but there is no guarantee that the Service will fully meet your expectations.

8. Force Majeure and Other Exemptions

8.1 Force majeure

(1) The circumstances under which the Company fails to normally provide services and you suffer losses due to unforeseeable, unavoidable and insurmountable objective situations, including typhoon, earthquake, flood, fire, plague, terrorist attack, war or similar military action, riot, strike and government action. If there are other provisions in laws, such provisions shall prevail. .

(2) Notwithstanding the foregoing, the Company will notify you within a reasonable period of time after the occurrence of the foregoing force majeure event and take reasonable and effective measures to restore the Service to normal as soon as possible.

8.2 Other exemptions

To the extent permitted by laws and regulations, the Company shall not be liable for any loss suffered by you as a result of the Company’s inability to provide normal services due to one of the following reasons, unless such inability is caused by the Company's willfulness or gross negligence:

(1) If the Company is unable to provide the Service normally due to the existence of viruses, Trojan horses, hackers, or other malicious programs on your computer, which leads to your loss;

(2) If the Company is unable to provide the Service normally due to the failure of your electronic equipment software, system, hardware, communication lines, etc., which leads to your loss;

(3) The Company is unable to provide the Service normally due to third party equipment or system failure which is beyond our control or reasonably foreseeable, such as power supply system failure, telecommunication system failure, banking system failure, network system failure, computer mass paralysis, etc., which lead to your loss;

(4) If the Company is unable to provide the Service normally due to your improper operation or use of the Service in a manner that is not authorized or approved by the Company, which leads to your loss.

9. Suspense, Interruption or Termination of the Service

9.1 You understand that the Company has the right to risk manage your WeChat Pay transactions in accordance with relevant laws and regulations. When you have suspicious transactions or that there is a violation of the law or of this agreement, the Company has the right to suspend, interrupt or terminate the provision of the Service to you (such as restricting transactions, suspending transactions, canceling transactions, adjusting accounts with regard to payments under your WeChat Pay account and with regard to payments in transit). If the Company decides to terminate the provision of all or part of the Service to you, the Company has the right to return the legal funds from your WeChat Pay account to your linked bank account. If the funds in your WeChat Pay account are suspected of being related to illegal or criminal activities, the Company has the right to close down the payment, receipt, cash withdrawal, and other functions related to the funds in your WeChat Pay account, and to freeze and deduct such suspected funds according to the instructions from state authority.

9.2 If the Company finds out that you have violated this agreement, it reserves the right to suspend, interrupt or terminate the provision of the Service to you, to close your WeChat Pay account, and to not provide any services to you within a certain period of time.

9.3 If you need to terminate the Service, you can apply for cancellation of the WeChat Pay account according to the notice page of the WeChat app. In order to protect the legitimate interests of you and others, when you apply for cancellation of the WeChat Pay account, the company will conduct a risk review. There shall be no unfinished transactions or other unsettled rights and obligations under your WeChat Pay account. In case of any situation mentioned above, the Company will inform you of the reason why the account cannot be cancelled temporarily through the service page.

10. Protection of Personal Information

The Company highly values the protection of your personal information. Your personal information will be protected and regulated in accordance with the “Tenpay Privacy Policy”. For details, please refer to “Tenpay Privacy Policy.”

11. Protection of Intellectual Property Rights

11.1 The intellectual property provided by the Company while offering the Service (such as web pages, texts, pictures, audio, video, graphics, etc.) is owned by the Company and its affiliates. The intellectual property of the content generated by you while using the Service is owned by you or the relevant right holders.

11.2 Unless otherwise specifically stated, the copyrights, patents, and other intellectual property rights of the software relied upon by the Company in providing the Service are owned by the Company and its affiliates.

11.3 The trademarks such as “财付通”, “微信支付”, “tenpay” and “wechat pay” which are used by the Company while providing the Service are owned by the Company and its affiliates.

11.4 The above intellectual property rights are protected by law. No one may use or create derivative work in any forms without the written consent by the Company, you or the relevant right holders.

12. Application of Law and Dispute Resolution

12.1 During the course of your use of the Service, you shall not violate national laws and regulations or infringe the legitimate rights and interests of others. You understand and agree that, unless otherwise provided by laws and regulations, if you are complained by others or you complain against others, the Company is entitled to provide your subject information, contact information, the relevant content of the complaint and other necessary information for your counterparty or relevant department, so as to solve the complaint dispute in time and protect the legitimate rights and interests of you and others.

12.2 The establishment, validity, performance, interpretation and dispute resolution of this agreement shall be governed by the laws of the People’s Republic of China (excluding conflict of laws).

12.3 Any disputes or conflicts between you and the Company arising from this agreement shall first be settled via friendly negotiations. In case that negotiations fail, you agree to submit such conflicts or disputes to the competent people’s court at the defendant's domicile.

13. Other Terms

13.1 The headings of all articles of this agreement are for convenience of reading only and have no practical meaning themselves. They cannot be used as basis for interpreting this agreement.

13.2 If any provisions of this agreement are invalid or unenforceable for any reasons, the remaining provisions shall still be in force and shall be binding on both parties.

13.3 The Addendums hereto shall have the equal legal effect with this agreement, and in case of any conflict, the Addendums shall prevail.

Tenpay Payment Techology Co., Ltd.

Addendum I

Entrusted Purchase and Settlement of Foreign Exchange

Important Reminder:

According to the applicable laws and regulations, you may make payments using your own foreign exchange or use the Company’s service for entrusted purchase and settlement of foreign exchange. If you choose to use the Company’s service for entrusted purchase and settlement of foreign exchange, you shall read and agree to comply with this Addendum to Entrusted Purchase and Settlement of Foreign Exchange (hereinafter referred to as the “Addendum”). The Company will provide you with the service for entrusted purchase and settlement of foreign exchange (the “Foreign Exchange Purchase and Settlement Service”) based on this Addendum.

The Company hereby informs you to carefully read and fully understand the terms of this Addendum, especially the terms regarding the exemptions or limitations to the Company’s obligations and limitations to your rights. Please read carefully and determine whether to accept this Addendum. If you have any question about this Addendum, please contact the customer service department. If you do not accept this Addendum or is unable to accurately understand the meaning of relevant terms, please do not use the Foreign Exchange Purchase and Settlement Service under this Addendum. Your clicking, checking or otherwise acknowledging in an appropriate manner through the page constitutes your understanding and acceptance of all of the terms of this Addendum.

1. Foreign exchange purchase and settlement service

1.1 You would like to receive the service from the Company for purchasing foreign exchange from domestic and overseas cooperating banks of the Company (the “Cooperating Banks”) on your behalf and making foreign exchange payments abroad, as well as receiving foreign exchange from abroad and settling the funds. Specific information about domestic and overseas Cooperating Banks under this service can be found by clicking here. Under the foreign exchange purchase and payment service, the Company acts on your behalf to submit purchase and payment information to Cooperating Banks and delivers your funds to the Cooperating Banks for purchasing and paying foreign exchange. Under the foreign exchange receipt and settlement service, the Company acts on your behalf to submit foreign exchange receipt and settlement information to Cooperating Banks and collects and delivers your foreign exchange funds received from overseas to the Cooperating Banks for converting into RMB.

1.2 You declare that you satisfy the requirements of the Tenpay Service Agreement published on the Company’s website regarding the user identity and have passed the real-name certification for your Tenpay account as required by the Company, and you have the full legal capacity to enter into and perform this Addendum.

1.3 The foreign exchange rates for the Company’s Foreign Exchange Purchase and Settlement Service is based on the exchange rates provided by Cooperating Banks on the day of the transaction. You understand and agree that you have the right to decide whether to accept the exchange rate displayed on the payment confirmation page. The Company cannot assure that the rate is the latest, real-time, or most favorable rate for you. Once you click on the payment confirmation button on the payment confirmation page, it indicates that you voluntarily agree to use the exchange rate displayed to convert the funds into RMB for payment or receipt, and you voluntarily authorize the Company to send purchase and settlement instructions to the Cooperating Banks on your behalf.

1.4 When you use this service, you are not required to bear the exchange rate difference between the exchange rate displayed on the payment confirmation page and the actual exchange rate at the time of purchase and settlement.

1.5 You acknowledge and agree that your confirmation of payment shall be deemed to authorize the Company to send purchase and settlement instructions to the Cooperating Banks, which also constitutes a direct purchase and settlement agreement between you and the Cooperating Banks, and the related rights and obligations concerning this purchase and settlement are enjoyed and assumed by you and the Cooperating Bank, and the Company does not provide any form of guarantee or warranty in this regard. Also, you agree and authorize the Company to transfer the equivalent amount of RMB from your WeChat Pay account or linked bank account to the Cooperating Banks for the purchase and settlement instructions. If the amount of RMB equivalent to the purchased foreign exchange in the purchase and settlement instructions you send exceeds the balance of RMB in your WeChat Pay account or linked bank account, the purchase instruction will be deemed invalid.

1.6 You shall bear the corresponding responsibility for the legality, truthfulness, completeness, and validity of the instructions issued during the use of the Foreign Exchange Purchase and Settlement Service. You agree that once you click on the payment confirmation button on the payment confirmation page, the Company will process and send your purchase and settlement instructions, and transfer the equivalent amount of RMB from your WeChat Pay account or linked bank account to the Cooperating Banks, and you assume the associated risks. However, exceptions apply for risks caused intentionally or due to gross negligence by the Company. You acknowledge and agree that unless there is contradictory evidence, the transaction information related to the Foreign Exchange Purchase and Settlement Service shall be subject to the records in the service system of Tenpay.

1.7 You acknowledge and agree that the Company’s provision of the Foreign Exchange Purchase and Settlement Service for your cross-border transactions is limited to the scope of the Company’s foreign exchange business as approved. If your cross-border foreign exchange transactions exceed the aforementioned approved scope, the Company will be unable to provide you with the Foreign Exchange Purchase and Settlement Service. However, this does not affect your use of other functions listed in the main agreement.

2. Compliance obligations and undertakings of users

2.1 You undertake to comply with all applicable laws, regulations, departmental rules, regulatory requirements and policies of the People’s Republic of China (hereinafter referred to as the “PRC”, for the sole purpose of this Addendum, excluding Hong Kong Special Administrative Region, Macau Special Administrative Region and Taiwan) that relate to your use of the Foreign Exchange Purchase and Settlement Service. You further undertake not to use the Foreign Exchange Purchase and Settlement Service for any illegal purposes, in any unlawful manner, or for any transaction involving prohibited or restricted items.

2.2 You agree that the transaction limits for purchasing and settling foreign exchange via Tenpay service system through Cooperating Banks, should adhere to the provisions of relevant foreign exchange laws, regulations, rules, regulatory requirements and policies. You undertake not to take any illegal means, such as splitting orders, to evade the aforementioned regulations.

3. The Company has not charged you for the Foreign Exchange Purchase and Settlement Service for the time being. You understand that the Company has the right to charge you the service fees due to operational needs. In the event that the Company charges you the service fees in the future, the service fee standard and method for charging service fees is finalized in the various notices and notifications you will receive while using the service. Unless otherwise specified by laws and regulations, notices and notifications issued by the Company regarding various types of charges are part of this agreement. The service fee standards determined by the notices and announcements shall come into effect after 30 days upon its release. If you do not agree to the service fee standards or charging method determined by the notices and announcements, you have the right to stop using the service.

Addendum II

WeChat Pay Europe – EU User Addendum

1. Your relationship with us

You are reading the EU User Addendum (the “EU Addendum”) which govern the relationship and serve as an agreement between you and WeChat Pay Europe BV (“WeChat Pay Europe”, “we” or “us”) for your use of our website, services, applications, products and content (collectively, the “Services”) if you ordinarily reside in the EU. For purposes of these Terms, “you” and “your” means you as the user of the Services. This EU Addendum supplements the WeChat Pay User Service Agreement (“User Agreement”, and together with the EU Addendum, the “Terms”) between you and Tenpay Payment Technology Co. Ltd. (“Tenpay”). This EU Addendum shall take precedence over the User Agreement in the event of conflicting terms. Definitions capitalized but not defined in this EU Addendum, shall have the meaning ascribed to them in the User Agreement.

WeChat Pay Europe is a company established in the Netherlands, with its registered address at the Amstelplein 54, in Amsterdam 1096 BC (trade register number 72082860). You may use these address details for questions and complaints, as well as the following email address: wechatpay_europe@tencent.com.

2. Accepting the terms

By clicking on confirmation, checking or using our Services, you confirm that you can form a binding contract with WeChat Pay Europe, that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you have the right to refuse to use our Services. You should print off or save a local copy of the Terms for your records.

3. Changes to the Terms

We amend these Terms from time to time, for instance when we update the functionality of our Services or when there are regulatory changes, and publish the amendments or send notices to you. You may check the Terms regularly for such changes. If you do not agree to the new Terms, you will no longer be able to use the Services, and you may withdraw your balance in WeChat “Balance” to your bank card.

4. Charges

Charges for the Services are set out in our Charge Information Sheet, available on the Internet here . We reserve the right to adjust our Charge Information Sheet, and we will always notify you when we do this. All charges are disclosed prior to completing your transaction, and the charges are assessed at the time of the transaction. If you do not agree to such charges, you may terminate your use of our service.

5. Personal Data

For the purposes of data protection legislation (and varying Clause 10 of the User Agreement), we are the data controller. We will process your personal data in accordance with our Privacy Policy , which we will notify to you from time to time.

6. Applicable Law and Jurisdiction

This EU User Addendum, its subject matter and its formation, are governed by Dutch law. You and we both agree that the courts of the Netherlands will have exclusive jurisdiction.