User Recharge Agreement_Niki

Hello dear users, please seriously read and sufficiently know and understand various rules and requirements at Niki Live platform and national laws and regulations about such kind of internet information service before agreeing to this agreement. If you object any clauses of the agreement, you may not use it; The usage of the agreement means you will consent to abide by all regulations under the agreement and any subsequent amendment in usage of agreement at any time, and completely obey our uniform management. The clauses which has or might have significant relationship with your rights and interests and the clauses which have or might have liability exemption or limited liabilities for Niki Live platform are marked with boldface in this Agreement. Please pay attention to that.

Please confirm that you own full capacity for civil conduct. If you are over 18 full years old or you are over 16 full years old and depend on your own labor income as main life source, you can register or use the service herein.

Chapter I General Provisions

Article 1   Niki Live platform is a kind of convenient interaction social platform provided by Niki Live team (hereinafter collectively referred to as “the team”) for users. The platform will provide users with the virtual gift, technical support, flow entrance, etc. for the service needed in video social contact.

Article 2  The platform ownership, operating right and management right are owned by the team.

Article 3  The final power of interpretation of the agreement is owned by the team.

Chapter II Purchase Rule of “Coins” 

Article 4 “Coins” is the virtual currency provided by the team for you and used for relevant consumption on the platform. You can freely purchase various products or services on the platform such as the virtual gifts, etc. with the “Coins”. You can donate the purchased virtual gifts to the host. But, the “Coins” can’t be converted into real currency, and you shall purchase the corresponding quantity of “Coins” as per own actual demand.

Article 5 The recharge and conversion proportion between Coins and real currency shall be subject to the value on the recharge page.

The platform reserves the right to unilaterally change, adjust, suspend or terminate the rules of purchasing “Coins” with real currency in accordance with the relevant legal provisions, the requirements of competent department, business development condition, etc. You consent to unconditionally receive the change, adjustment, suspension or termination of the above purchase rules, and will notify the information on the platform when the platform carries out the above action. The notice automatically takes effect from the date of publication without informing you separately and separately and without undertaking any responsibility of loss caused to you due to such action. 

Article 6 You must carefully confirm own account number and select the relevant operation options when using the recharge method.If recharge into false account number, false selection of recharge type, etc. due to false input account number, improper operation or incomprehension of recharge and billing method, etc. damage own equity, the platform will not make any compensation. Users understands and consents that they shall know the risk and independently undertake the loss generated by the risk in terms of their any trade or donation not happening at platform such as bank transfer, the third-party payment platform, gift donation, etc. And the platform doesn’t undertake any responsibility of user behavior which doesn’t happen at platform. 

Article 7 If you recharge in illegal method or in the recharge method not designated by the platform, the platform doesn’t guarantee such recharge is completed smoothly or correctly. If your equity is damaged due to that reason, the platform wouldn’t make any compensation, and platform reserves the right of terminating your account qualification and using various recharge services at any time. 

Article 8 After successful recharge, the “Coins” added by recharge in account number can be freely used by you on platform, but the platform wouldn’t provide any service of return or reverse conversion.

Article 9 If the platform finds the processing error generated due to system fault or any other reason, the platform is entitled to notify you by e-mail or other reasonable methods before correcting such error regardless of being conductive to platform or you. If such measure causes the “Coins” quantity actually received by you is less than that you shall obtain, the platform would complement the balance in your account as soon as possible after confirming such processing error. If such error causes the “Coins” quantity actually received by you is more than that you shall obtain, the platform is entitled to directly deduct the balance from your account regardless of the nature and reason of error. 

Chapter III Right Declaration 

Article 10 You can view the balance condition of your “Coins” on mobile phone APP at any time. If you have objection on such record, you shall immediately propose to platform, and the platform will correct the error after verrification; Otherwise you consent the transaction record on platform will be regarded as the only effective basis of “Coins” transaction.

Article 11 The platform is entitled to set up the relevant matters involving transaction at any time based on the transaction safety, etc., including but not limited to the transaction quota, transaction times, etc. You know the above-mentioned setting of platform may be inconvenient for your transaction, and you have no objection to this.

Article 12 In any case, the responsibility of the third party in providing the relevant services involved when you purchase “Coins” is undertaken by the third party, the platform doesn’t undertake such responsibility. 

Article 13 Upon recharge, you shall ensure you are the holder of the bound account and can use such account legally and effectively without infringing the legitimate rights and interests of any third party, otherwise, for the loss of actual owner of account caused due to that, you shall be separately responsible for solving the disputes generated due to that and undertaking all legal responsibilities. 

Article 14 For the failure of providing “Coins” purchase service by platform due to your own reason or any error happened upon providing the “Coins” purchase service, any loss or responsibility is undertaken by yourself voluntarily and the platform doesn’t undertake the responsibility, including but not limited to:

(1) You fails to operate as per any rule published in the agreement or at platform at any time; (2) Your account number loses efficacy, is lost and closed; (3) The property loss incurred due to notifying others of password by you; (4) The property loss incurred due to your individual intention or major fault.

Article 15 The platform system can’t operate normally due to the following conditions, as a result, you can’t use various services or any virtual property is lost, then the team doesn’t undertake the compensation for damage responsibility. Such condition includes, but not limited to: (1) During the system shut-down for maintenance, updating and adjustment announced on the platform; (2) The telecommunication or equipment suffers fault and fails to transmit data. (3) The business can’t be implemented when the platform system has fault due to the force majeure such as the typhoon, earthquake, tsunami, flood, outage, war, terrorist attack, government regulations, etc.; (4) The Service is suspended or delayed due to hacker attack, technical modifications or failure of telecommunication department, website upgrading, problems of the relevant third party, etc.

Chapter IV Rules of Punishment 

Article 16 In case of any following condition, the platform is entitled to suspend or terminate providing you with the network service under the agreement without notifying you at any time: (1) The personal information provided by you is not true; (2) You violate the purchase rule as specified in the agreement. Except for the situations above mentioned, the platform will reserve the right to suspend or terminate part of or all internet recharge service without informing you in advance, and the platform will not bear any responsibilities for you or any third party for any loss caused by suspending or terminating the recharge service.

Article 17 If the users illegally use the App Store recharge agency of others’ iPhone or illegally purchase “Coins” through other channels which aren’t recognized by platform, the platform is entitled to freeze such account and conduct the corresponding punishment, and the account can be sealed if the condition is severe.

Article 18 Recharge Terms for Minors

Juveniles are not familiar with the world and are easily confused by the virtual world. Guardians should pay more attention to the growth of juveniles, provide correct guidance to juveniles in using this product or service, prevent juveniles from accessing the payment information of their guardians’ Niki Live accounts and third-party accounts, and remind juveniles to pay attention to network security issues, so as to promote the healthy growth of juveniles.

2 .You must be of lawful age to enter into a contract in the jurisdiction where you reside in order to use Niki Live. Niki Live reserves the right to request documents and information from you and to suspend or terminate your account if you are not of lawful age to contract.

Article 19 Confidentiality Obligation

1. Economic, direct or indirect losses shall be compensated by you. Trade secret refers to all practical and non-public information provided by Niki LIVE, or learned by you during the use of platform services, or undertaken by Niki Live to keep confidential to a third party. This information is related to Niki Live business and can bring economic benefits to Niki Live , including but not limited to technical information, business information and information related to Niki Live’s information and documents related to the administration of Niki Live (including these Terms of Service and other related policies or agreements), the amount and settlement method of service fees you receive from Niki Live, standards, ownership methods, authorization methods, customer lists, lists of other anchors, contact information, service fees, Niki Live staff lists and other non-public information.

2. You shall strictly abide by this Agreement. Without the written authorization or consent of Niki Live, you shall not:

(1) In any way, disclose to a third party or the general public.

(2) Use the trade secrets of Niki Live for purposes other than those specified in this Agreement.

3. This clause shall survive the termination of this Agreement.

Article 20 Prohibition of Money Laundering

1. ‘Money laundering’ refers to the proceeds of crime and the proceeds generated by it through the concealment and disguise of its source and nature, so as to make it formally legalized behavior. 

2. The user undertakes to strictly abide by anti-money laundering laws and regulations in its business activities and not to engage in any money laundering activities.

3. The user shall cooperate with the work of anti-money laundering regulatory bodies, truthfully provide anti-money laundering related information, in the discovery of suspicious transactions, should be promptly reported to the anti-money laundering regulatory bodies

4. The user shall bear the corresponding legal responsibility if the user’s fulfillment of anti-money laundering obligations leads to criminal money laundering activities due to intent or negligence.

Article 21 If the users violate the national laws and regulations, User Registration Protocol, User Recharge Agreement, the agreement or management regulations of users on other platforms when using the platform, the platform is entitled to ban your account number temporarily or permanently. After sealing of account and before ban lifting, the remaining “Coins” on your account will be frozen temporarily or deducted completely, the virtual products or services on purchase platform can’t be used continuously, in the meantime, the cash value of purchased “Coins” isn’t returned.

Chapter V Supplementary Provisions 

Article 22 The platform reserves the right of amending or supplementing the contents in the agreement. The amended document of the agreement will be announced on the platform or in other feasible methods of platform. The amended document immediately takes effect once released and is also suitable to the users before validation. If you continue using the service after the amendment of contents in the agreement, you are regarded to consent the agreement contents with the latest revision; Otherwise, you shall immediately stop using the service.

Article 23 The disputes incurred due to the agreement or related to the agreement will be solved by platform by negotiating with you. If the negotiation fails, any party is entitled to file a lawsuit to the local court with jurisdiction of the place where the agreement is concluded and signed.

Article 24 If part of contents in this Agreement is regarded to be illegal or invalid by the court with jurisdiction, the validity of other contents shall not be affected.

Article 25 Please refer to the relevant national laws and regulations for matters not mentioned herein. In the event of any conflict between this Agreement and national laws and regulations, the latter shall prevail.