Risk Warning
By execution of this Agreement, the Parties acknowledged that they have full understanding of the legal policies, technology, value fluctuation and industry environment of the digital asset industry, and the Client has carefully evaluated its own risk tolerance and all risks, including but are not limited to price fluctuation, change of market environment, uncertainty of regulatory framework in different jurisdictions and any other risks related to internet and technical problems, associated with the arrangement under this Agreement and is willing to solely bear all such risks.
Also, the Parties understand that there is uncertainty involved under the existing laws, regulations and policies of different jurisdictions towards digital assets, and such laws, regulations and policies regarding business related to digital assets are also under continuous development and subject to change.
Party A (Client):
Registered Address:
Contact:
Email：
Tel:
Party B (Cobo): Cobo Global Limited
Registered Address:
Contact:
Email:
Tel:
Whereas, Party A intends to purchase digital asset investment product(s) offered by Party B with Party A’s digital assets from verified legal source. In this regard, the Parties have reached the following agreement in good faith according to the relevant applicable laws and regulations.
Article I Definitions
For the purpose of this Agreement, the following terms shall have the meaning given below unless the context otherwise requires:
1.1 Digital Assets. Refer to a type of encrypted virtual monetary assets that are based on blockchain technology and exist in the form of electronic data, including but not limited to Bitcoin, Ethereum, etc.
1.2 Day. Refer to any calendar day in UTC/GMT+08:00 time zone.
1.3 Principal: Refer to the amount of digital assets that Client delivered to Cobo’s designated receiving address.
Article II Products
2.1 Product Specifics
2.1.1 Product Type: [xxx insert digital assets] demand deposit product based on the Client’s original digital assets for this investment.
2.1.2 Amount
[Insert Number] [Insert Type of cryptocurrencies. eg BTC].
2.1.3 Client shall purchase the product on Cobo Custody platform.
2.1.4 Estimated annualized interest return: [ ]
2.1.5 Principal and Interest Return
- Client hereby acknowledges and accepts that the interest return stated in article 2.1.4 starts calculating from the next following day after the client’s purchaseof the product on Cobo Custody platform and ends on the day of Client’s submission of redemption.
- Client hereby further acknowledges and accepts that the principal and estimated interest return of the product shall return to Client’s Cobo account on the next following day upon Client’s submission of redemption.
- Client hereby acknowledges and understands that the estimated annualized return is not guaranteed due to potential change of market environment, polices, and laws and regulations in digital assets industry and Client is willing to take such risks.
- Client hereby acknowledges and accepts that the income under this Agreement is calculated on the basis of the original digital assets Client transfers for the Investment, regardless of the change of exchange rate between the digital assets and fiat. The losses from digital assets price changes during the term of this Agreement shall be borne by the Client.
Article III Effectiveness, Revision and Termination of the Agreement
3.1 This Agreement will become effective upon affixation of seals by the Parties or signature by the directors/authorized representatives of the Parties. The Parties hereby acknowledge and confirm that this agreement can be signed in electronic form (including handwritten signatures and seals via electronic devices).
3.2 This Agreement will terminate under one of the following circumstances:
3.2.1 Both Parties agree to the termination of this Agreement;
3.2.2 This Agreement is terminated due to Event of Force Majeure;
3.2.3 Other circumstances under which the Agreement shall be terminated under Applicable Laws.
3.3 Cobo has the right to notify the Client in writing to terminate this Agreement under any of the following circumstances and this Agreement will be terminated on the date when the written notice of Cobo is delivered to the Client:
3.3.1 The Digital Assets that the Client transfers to Cobo come from an illegitimate source or there is dispute over the ownership of the Client’s Digital Assets on Cobo’s platform;
3.3.2 The Client or its legal representative, directors, shareholders, authorized representative, heads of the business departments, and other key employees are investigated by the regulatory authorities, or though not investigated by the regulatory authorities, the Client’s cryptocurrencies, the Client and/or its legal representative, shareholders, and authorized representative are subject to whistle blowing or unfavorable social opinions because the business of the Client is related to pyramid scheme, gambling, and other offenses against laws and regulations;
3.3.3 The Client does not assist Cobo in its rendering of service, e.g. refusal to produce KYC materials, code audit report, etc. or production of incomplete materials;
3.3.4 The Client applies or is applied for liquidation, bankruptcy, or reorganization;
3.3.5 Other circumstances that Cobo deems necessary to terminate this Agreement.
Article IV Force Majeure
4.1 During the execution of this Agreement, neither party shall be responsible or be considered to have breached this Agreement if any obligations (whether partial or entire) under this Agreement cannot be performed due to illiquidity of the digital assets caused by technology, law and policies or other any reason or any other unforeseeable natural disasters or other events of force majeure. Such events of Force Majeure shall include but not limited to any natural or social events that are unforeseeable and beyond the reasonable control of either Party such as telecommunications or network failure, pandemic, debris flow, fire, volcanic eruption, tsunami, tornado, storm, blizzard, flood, earthquake, landslide, sea damage in front of and behind the dam, nuclear radiation, war (including preparation for war), invasion, hostile act, rebellion, external damage, hacker’s attacks, systematic risks of the chain or systematic attacks and other errors caused by underlying blockchain technology and other events that could not hold either party accountable.
Article V Confidentiality
5.1 Each Party agrees that it (“Receiving Party”) shall be obliged to maintain the confidentiality of any information, material, data, agreement text, financial reports, and all related documentations and commercial intents (hereinafter collectively referred to as “Confidential Information”) obtained from the other Party (including its representative, “Disclosing Party”) for the execution and performance of this Agreement. The Receiving Party shall use the Confidential Information only for the purposes related to this Agreement. It shall not disclose, provide, or divulge the Confidential Information to any third party or use it for other purposes without the prior consent of the Disclosing Party, except that the Confidential Information is disclosed as per laws of related countries, orders or requirements of the related government (including competent government authorities) and regulatory authorities, and rulings and/or orders and/or requirements of courts.
Article VI Governing Law and Dispute Resolution
6.1 This Agreement shall be governed by and construed and performed in accordance with the laws of the British Virgin Islands.
6.2 Any dispute arising out of or relating to this Agreement shall be solved by the Parties to their best efforts through amicable consultation. In the event that the Parties fail to reach a settlement on a dispute, the dispute shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Center (“HKIAC”) in accordance with the Arbitration Rules of the Hong Kong International Arbitration Center ("HKIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The arbitral award made and granted by the arbitrator shall be final, binding and incontestable.
Article VII Miscellaneous
7.1 This Agreement shall be executed in two counterparts, with each Party holding one counterpart. Both counterparts shall have the same legal force. If this Agreement is executed in electronic form, the electronically signed document shall be the original, and the Parties recognize the validity of the electronically signed document. The scanned copies of this Agreement shall have the same effect as this Agreement.
7.2 Unless otherwise provided under relevant laws, either Party’s failure to exercise or delay in exercising its right under this Agreement shall not be deemed as a waiver of such right. Exercise of any rights in part shall not prevent future exercise of such right.
7.3 Headings herein and headings of the Annexes hereto are for convenience only and shall not affect the meaning or interpretation of this Agreement or any provision hereof.
7.4 This Agreement is not a format agreement provided by any party, nor is there any format clause exists in this Agreement.
7.5 In the case of any matters not covered herein, the Parties can otherwise reach a supplemental agreement.
7.6 Any invalidity of the clauses hereunder shall not affect the validity of other clauses.
(Signature Page of the Digital Asset Product Purchase Agreement)
Party A (Client):
Director/Authorized Representative (Signature)
Date:
Party B (Cobo): Cobo Global Limited
Director/Authorized Representative (Signature)
Date:
