Mutual aid platforms repeatedly shut down, refunding balances as difficult as reaching the sky

Compiled from The Paper
 
Recently, Mr. Zhang from Guangdong filed a complaint with The Paper, stating that the online mutual aid platform Qingsong Mutual Aid, operated by Beijing Qingsongchou Network Technology Co., Ltd. (hereinafter referred to as "Qingsongchou"), has been shut down for a year and a half, but the balance of about 200 yuan in his account has still not been refunded.

 

Case review

Qingsong Mutual Aid is a critical illness mutual aid platform launched by Qingsongchou in April 2016, based on the principle of 'one person falls ill, the cost is shared by everyone,' providing services to members who are ill.

At first, Mr. Zhang only registered himself as a member of Easy Mutual Aid. Later, he realized that the cost was not high and wanted to provide his family with additional protection, so he added his wife, children, parents, younger brother, and sister-in-law. Depending on their ages, they participated in the Serious Illness Mutual Aid Programs for the Elderly, Middle-aged and Young Adults, and Children, respectively.
 
Mr. Zhang recharged the accounts under the names of his relatives separately to share the deductions. "If there is no money inside, once a serious illness occurs, it will be impossible to apply for mutual aid funds."
 
It is worth noting that the user agreement of Qingsong Huzhu states: 'In view of the special nature of online services, the platform has the right to change, suspend, or terminate part or all of the services at any time based on the overall situation of the platform or relevant regulations without notifying you. You agree that if this agreement is terminated for any reason, the platform may retain or delete any information in your account or any data stored on the platform's servers as a result of using the platform's services, including data you have not completed before the service is terminated.'
 
At the beginning of 2021, several major critical illness mutual aid platforms announced their closure, including Qingsong Mutual Aid. Mr. Zhang explained that when Qingsong Mutual Aid shut down, he and seven of his relatives still had a balance of around 300 yuan (pending shared fees). The screenshot he provided shows that five or six days after the closure announcement, Mr. Zhang received multiple refunds from Qingsong Chou, totaling nearly 100 yuan, but the entire balance was never fully refunded.
 
Civil Code of the People's Republic of China

Article 496
A standard-form clause is a clause that is prepared in advance by a party for repeated use and is not negotiated with the other party at the time of concluding the contract.
When a contract is concluded using standard-form clauses, the party providing the standard-form clauses shall determine the rights and obligations between the parties in accordance with the principle of fairness and shall take reasonable measures to draw the other party's attention to clauses that exempt or reduce the provider's liability or involve other significant interests of the other party, and shall explain such clauses upon the other party's request. If the party providing the standard-form clauses fails to fulfill the obligation to draw attention or provide explanation, causing the other party to fail to notice or understand clauses that significantly affect its interests, the other party may assert that such clauses are not part of the contract.
 
Article 497
If any of the following situations occur, the standard clause is invalid:
(1) Has the invalid circumstances stipulated in Section 3, Chapter 6 of the first part of this law and Article 506 of this law;
(2) The party providing the standard terms unreasonably exempts or reduces its liability, increases the other party's liability, or restricts the other party's main rights;
(3) The party providing the standard terms excludes the other party's main rights.

 

 
[1] The author's perspective

This user agreement contains a large number of pre-drafted and non-negotiated standard clauses. When users read and check them, the platform does not fulfill its obligation to reasonably remind and explain. These clauses obviously increase the applicant's responsibilities and also restrict the applicant's main rights, and should be considered invalid clauses.
 
In recent years, online crowdfunding platforms like Qingsong Mutual Aid have been as numerous as stars, but frequent collapses have also disheartened many users. After these platforms shut down, the most concerning issue is how the remaining mutual aid funds will be refunded. Platforms should promptly announce relevant information with an attitude of responsibility towards each member, and the corresponding regulatory authorities should also strengthen supervision to protect the legitimate rights and interests of every donor, so as not to betray the spirit of mutual aid.