These Terms and Conditions of Client Agreement constitute an electronic agreement between you (hereinafter the “Client”) and Unicoin Digital Capital Exchange (UDCX) (hereinafter the “Exchange”) that applies to the Client’s use of any and all Services, products and content provided by the Exchange.
As used herein, the “Exchange” refers to the company Unicoin Digital Capital Exchange, including but not limited to, its owners, directors, investors, officers, employees, agents or other related parties, unless otherwise provided herein.
These Terms and Conditions of Client Agreement contain important provisions, which the Client must consider carefully when choosing whether to visit the Website and use the Services, products and content of the Exchange. Please read these Terms and Conditions of Client Agreement carefully before agreeing to them.
The Client is solely responsible for understanding and complying with any and all laws, rules and regulations of his/her specific jurisdiction that may be applicable to the Client in connection with the use of any and all Services, products and content of the Exchange.
These Terms and Conditions of Client Agreement incorporate Byelaws, Rules, Regulation, Circular, Notification, Guideline and any other Policies published on the Website or Platform by reference or emailed to the registered email, so by accepting these Terms and Conditions of Client Agreement, the Client agrees with and accepts all the Terms and Conditions of Byelaws, Rules, Regulation, Circular, Notification, Guideline and any other Policies published by the Exchange.
In these Terms and Conditions of Client Agreement, unless the context otherwise requires:
1.1. Account: means an account registered by the Client on the Platform.
1.2. Broker means a person or entity authorized to introduce Clients by the Exchange or Members in accordance with criteria prescribed by the Exchange.
1.3. Buyer: means the Client who submits an Order to buy Cryptocurrencies and/or Contracts through the Platform.
1.4. Commission: means a fee charged by the exchange or on behalf of any other parties.
1.5. Cryptocurrency: means peer-to-peer decentralized digital representation of value (e.g. bitcoins, ethers, etc.).
1.6. Contracts means any type of Contracts in instruments or derivatives of Cryptocurrencies permitted for trading in the Exchange.
1.7. Deposit: means a Funds deposited by the Members, Brokers, Clients to the Account as prescribed by the exchange.
1.8. Fiat currency: means government-issued currency.
1.9. Funds: means Cryptocurrency and/or Fiat currency.
1.10. Margin Trading: means leverage trading when the Client may trade with borrowed Funds instead of his/her own (i.e. open a position using less of own Funds than the actual amount of this position).
1.11. Market Makers means a person or entity authorized to provide liquidity by putting orders both side (BID and ASK) by the Exchange in accordance with criteria prescribed by the Exchange.
1.12. Order: means the Client’s instruction to buy or sell Cryptocurrency and/or Contracts on certain conditions as prescribed by the Exchange.
1.13. Platform: means an environment created by the Exchange that allows to trade Cryptocurrencies and/or Contracts.
1.14. Rollover fee or charges: means estimated fee or charges that is charged by the Exchange from the Client’s balance to rollover a position.
1.15. Seller: means the Client who submits an Order to sell Cryptocurrencies and/or Contracts through the Platform.
1.16. Services: means all and any Services provided by the Exchange.
1.17. Website: means the Exchange’s official website at www.unicoindcx.com.
1.18. Storage: means the Exchange’s Services, which includes storing of balances (in Fiat currency and/or in Cryptocurrency) from the abandoned Accounts, no longer supported cryptocurrencies and/or Contract.
1.19. Transaction fee: means a fee which is payable to the Exchange for each completed Transaction or executed Order.
1.20. Transaction Price: means the total price paid by the Buyer in respect to each Transaction or the value of Contract or the price of the Unit of Quotation for the contract performed via the Services.
1.21. Transaction: means (i) transfer of Cryptocurrencies or Fiat currencies by the Clients to his/her Account (“Deposit Transaction”); (ii) transfer of Cryptocurrencies or Fiat currencies among the Clients (“Trading Transaction”), (iii) withdrawal of Cryptocurrencies or Fiat currencies from his/her Account (“Withdrawal Transaction”), (iv) trading of Contracts (“Contract Transaction”).
1.22. Unit of Quotation means the bid or offer price of a specified quantity by the Exchange.
1.23. Client: means a person or an entity that uses the Services, agrees to follow the Terms and Conditions of Client Agreement and is a holder of an Account.
1.24. Withdrawal: means a Transaction involving a transfer of Funds from the User’s Account to his/her bank account or to an account opened in any other financial institution.
1.25. Words imparting singular shall include plural and vice versa. Words imparting masculine gender shall include feminine gender and neutral gender and vice versa.
2.1 The Services allow all Clients of the Platform to trade Cryptocurrencies and Contracts with other Clients and Market Makers.
2.2 Depending on the Client’s place of residence, the Client may not be able to use all or any Services. It is the Client’s responsibility to follow those rules and laws in his/her place of residence and/or place from which the Client using the Services.
2.3 The Client acknowledges and agrees that, when completing Trading Transactions, he/she is trading with other Client and/or Market Maker, and the Exchange acts only as an intermediary in such Transactions, not as the counterparty to any trade.
3.1 The Client has the right to enter and use the Services permitted by the Exchange, as long as he/she agrees to and actually complies with the all Terms and Conditions of Client Agreement. By using the Services, the Client agrees to accept and comply with the Terms and Conditions stated herein.
3.2 The Client undertakes to read the entire Client Agreement carefully before using any of the Services permitted by the Exchange.
3.3 The Client undertakes to comply with any and all applicable laws and regulations related to the use of the Services.
3.4 The Client undertakes to monitor all and any changes on his/her Account, including but not limited to the balance matters.
3.5 The Client undertakes to immediately (i.e. right after the moment of discovery) inform the Exchange about any unusual, suspicious, unclear or abnormal changes on his/her Account. In case of late informing or non-informing the Client will be liable for the breach of the Terms and Conditions of Client Agreement and the Exchange will have the right to take any further steps accordingly, including but not limited to report to the relevant state or national authorities.
3.6 The Client agrees that, whenever the Transaction is made, the Platform sends and receives the monetary sums and/or cryptocurrencies to/from the Buyer’s and the Seller’s Accounts opened in their name and on their behalf.
3.7 The Client undertakes to notify the Exchange immediately of any unauthorized use of his/her Account or password, or any other breach of security. Any Client who violates the mentioned rules may be terminated, and thereafter held liable for any losses incurred.
3.8 The Client undertakes not to use the Services to perform criminal activity of any sort, including but not limited to, money laundering, illegal gambling operations, financing terrorist organizations, or malicious hacking.
3.9 The Client is responsible for any and all damages caused, and all liability actions brought against the Exchanges for infringement of any third-party rights or violation of any applicable laws.
3.10 Nothing in the Terms and Conditions of Client Agreement excludes or limits the liability of the Client for fraud, death or personal injury caused by their negligence, breach of the Terms and Conditions implied by operation of law or any other liability which may not be limited or excluded by law.
3.11 Clients are solely responsible for determining whether any contemplated Transaction is appropriate for them based on their personal goals, financial status and risk willingness.
3.12 All added payment instruments to the Client’s Account, may it be a bank account, credit card, debit card, or others as prescribed by the Exchange must be named after the Account holder. Any attempt otherwise will be considered as fraud.
4.1 By registering an Account, the Client expressly represents and warrants that he/she:
a. follows the rules and laws in his/her country of residence and/or country from which he/she using the Services;
b. has accepted these Terms and Conditions of Client Agreement;
c. has attained minimum age of signing a contract as per law of the land and has the right to accept these Terms and Conditions of Client Agreement and participate in transactions involving Cryptocurrencies and Contracts.
4.2 The Client represents and warrants that he/she will only use the Platform to perform Transactions in accordance with the conditions set forth in these Terms and Conditions and that they are duly authorised and have the capacity to enter into the Transactions on the Platform.
4.3 The Client represents and warrants that both Fiat currency and Cryptocurrency deposited to the Account belong to the Client and derived from legal sources.
4.4 The Client represents and warrants than he/she will withdraw any Cryptocurrency from his/her Account only to his/her wallets, otherwise the Exchange does not hold any liability for the consequences of such withdrawal.
4.5 The Client represents and warrants that all Transactions being carried out do not violate the rights of any third party or applicable laws.
4.6 The Client understands that his personal data and identifiers may be shared with appropriately authorised third parties, due to legal obligations such as prevention of crimes and tax purposes and/or to provide the service requested by the Clients.
5.1 The Exchange has the right to suspend the Client’s Account and block all Cryptocurrency, Fiat currency and Contracts contained therein in case of non-fulfilment or unduly fulfilment of the Terms and Conditions of Client Agreement by the Client.
5.2 The Exchange undertakes to provide the Services with the utmost effort, due care and in accordance with these Terms and Conditions of Client Agreement.
5.3 The Exchange’s responsibility shall be limited to using reasonable technical efforts to ensure the receipt of the Cryptocurrency transferred. When initiating Cryptocurrency transactions to a user who is not the Exchange’s Client, the Exchange responsibility shall be further limited to ensuring the transfer of the necessary technical data to the Cryptocurrency network.
5.4 To the extent permitted by law, the Exchange is not responsible for any damages, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, indirect or consequential loss unless the loss suffered is caused by a breach of the Terms and Conditions of Client Agreement by the Exchange.
5.5 The Exchange is not responsible for any malfunction, breakdown, delay or interruption of the Internet connection or any reason why the Exchange’s Service is unavailable at any given time.
5.6 The Exchange is not responsible for the delay in the processing of payments made by the fault of any third parties, operators of such transactions.
5.7 In the case of fraud, the Exchange undertakes to report all the necessary information, including names, addresses and all other requested information, to the relevant authorities dealing with fraud and breaches of the law. The Clients recognize that their account may be frozen at any time at the request of any competent authority investigating a fraud or any other illegal activity.
5.8 Nothing in these Terms and Conditions excludes or limits the responsibility of the Exchange for fraud, death or personal injury caused by their negligence, breach of the Terms and Conditions implied by operation of the law or any other liability which may not be limited or excluded by law.
6.1 The Exchange shall provide the Services with reasonable care and skill and in accordance with these Terms and Conditions of Client Agreement.
6.2 All buy and sell orders made on the Platform, will be managed in an anonymous manner so that Buyers and Sellers are not acquainted with each other. The Transaction Price is calculated on the basis of actual matched orders made by the Buyers and Sellers participating in the bidding process on the Platform combined with the applicable Transaction fees.
6.3 The Exchange represents and warrants that once the orders to buy or sell Cryptocurrencies and Contracts matched, such orders may not be cancelled or reversed. It holds all Cryptocurrencies and Contracts acquired by each Client in his/her Account and on the respective Client’s behalf.
7.1 All content on the Exchange’s Website is the property of the Exchange and is protected by copyright, patent, trademark and any other applicable laws, unless otherwise specified hereby.
7.2 The trademarks, trade names, service marks and logos of the Exchange and others used on the Website (hereinafter the “Trademarks”) are the property of the Exchange and its respective owners. The software, applications, text, images, graphics, data, prices, trades, charts, graphs, video and audio materials used on the Exchange’s Website belong to the Exchange. The Trademarks and other content on the Website should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, no matter manual or automated. The use of any content from the Website on any other site or a networked computer environment for any other purpose is strictly prohibited; any such unauthorized use may violate copyright, patent, trademark and any other applicable laws and could result in criminal or civil penalties.
7.3 The Exchange supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for any material on which you hold a bona fide copyright, please send us an email to the authorized email of the Exchange.
8.1 Identification and verification procedures (also known as 'Know Your Customer' or 'KYC') are required for all the Transactions. If the Client refuses to provide required documents and information under KYC, the Exchange reserves the right to immediately terminate the Services provision to the Clients.
8.2 The Client undertakes to provide the Exchange with correct and relevant documents and personal information contained therein. In case the Client provides counterfeit documents and false personal information, such behaviour will be interpreted as a fraudulent activity.
8.3 The Client hereby authorises the Exchange to, directly or indirectly (through third parties), make any inquiries as we consider it necessary to check the relevance and accuracy of the information provided for verification purposes. Personal Data transferred will be limited to strictly the necessary and with security measures in use to protect the data.
9.1 The Platform is for the Client’s personal and non-commercial use only. The Exchange is vigilant in maintaining the security of the Platform and the Service. By registering with the Exchange, the Client agrees to provide the Exchange with current, accurate and complete personal information as prompted by the registration process and to keep such information updated.
9.2 The Client is not allowed to register more than one Account on the Platform without the Exchange’s approval. Thus, any additional Account without the Exchange’s approval may be suspended.
9.3 The Client agrees that he/she will not use any Account other than their own or access the Account of any other Client at any time or assist others in obtaining unauthorized access.
9.4 The Client reserves the right to recommend amount limits for the Account funding/withdrawal. The Exchange could recommend daily, monthly and per one-transaction amount limits.
9.5 The Client is responsible for maintaining the confidentiality of information on their Account, including, but not limited to their password, email, wallet address, wallet balance and of all activities including Transactions made via their Account. If there is any suspicious activity related to the Client’s Account, the Exchange may request additional information from the Client, including authenticating documents and freeze the Account for the review time. The Client is obligated to comply with these security requests or accept termination of their Account.
9.6 Creation or use of the Accounts without obtaining a prior express permission from the Exchange will result in the immediate suspension of all respective Accounts, as well as all pending buy/sell orders. Any attempt to do so or to assist others (Users or other third parties), or distribution of instructions, software or tools for that purpose will result in termination of such Clients’ Accounts. Termination is not an exclusive remedy for such a violation and the may decide to take further action against the Client.
9.7 In case if it has been more than six (6) month since the Client signed in with his/her Account or made the Funds deposit, the Exchange has the right to qualify this Account as abandoned. In that case Storage fee will be applied to such Account with seven (7) days prior email notification to the Client. The Exchange will charge the Storage fee set forth herein. Abandoned Accounts with zero balances shall be deactivated.
10.1 The Platform allows the Client to submit the Orders to buy or sell Cryptocurrencies and the Contracts.
10.2 The Client recognizes that the Order should only be submitted after careful consideration and the Client understands and accepts consequences of its execution. The Client agrees that as soon as the Order is executed, such transaction is irreversible and may not be cancelled. Transactions will be executed instantly upon the matching of the Buyer's, the Seller's Orders and Market Maker’s Order without prior notice to the Seller and the Buyer and will be considered to have taken place at the execution date and time.
10.3 The Client acknowledges and agrees that in case the destination tag is not specified, is incorrectly indicated or the reference number is incorrectly specified (for Fiat transactions), the Client may have submit an application to correct or may lose the deposit or at least the processing speed of such requests will be made with low priority.
10.4 Minimum and maximum order amount vary for each trading pair and can be seen on the Platform when placing an Order.
10.5 The Client acknowledges and agrees that Deposit and Withdrawal Transaction in Fiat currency may be delayed due to some bank verifications and checks. Similarly, and due to the inherent nature of the cryptocurrency networks, the Client acknowledges and agrees that depositing and withdrawing Cryptocurrencies into/from their Account may take some time.
10.6 Unverified Clients are not allowed to withdraw any Cryptocurrencies or Balance.
10.7 The Client can use Vouchers to transfer Cryptocurrencies between the Accounts. Commissions or fees are charged for generating and redeeming Vouchers. The Voucher should be redeemed before its expiration date set by the Exchange. The Exchange shall not be liable and shall not accept any liability, obligation or responsibility whatsoever for any loss or damage arising from the Client's use of the Vouchers purchased from any third parties or acquired in any other way. To avoid doubts, the Client is solely responsible for ensuring that the Voucher they acquired is genuine and redeemable.
10.8 In case if the Client discovers transaction activity, including but not limited to unknown deposits and withdrawals, on their Account that was not initiated by the Client, the Client shall immediately notify the Exchange of this fact and follow the instructions sent by the Exchange. Otherwise, the Exchange reserves the right to freeze the Account until the end of investigation.
10.9 The Exchange may be forced to cancel or recall already executed Withdrawal Transaction at a request of financial institutions, including but not limited to banks, which are involved in settlement of such Transactions. In such cases the Client obliges to cooperate with the Exchange in order to discover the reasons for such request.
10.10 Minimum deposit amount for Cryptocurrencies and Contracts will be as prescribed by the Exchange. If the amount is less than specified, the funds will not be credited to the Client's Account.
11.1 Margin Trading may available for long and short positions for the specific or all Cryptocurrencies and Contracts, which are a subject to specific fees, limits and conditions defined by the Exchange.
11.2 The Exchange may charge its fees for opening and/or closing of a position, as well as for keeping a position open (“Rollover fee”).
11.3 The Client may rollover an opened position for the specified period of time as prescribed by the Exchange paying the Rollover fee.
11.4 In any case, an opened position should be closed within the specified period as prescribed by the Exchange.
11.5 Due to volatility and constant changes on a Cryptocurrency market the Exchange reserves the right to close any open position any time with a prior notice to the Client. In order to cancel the position closure the Client has to replenish their Account in order to cover the missing amount within its opened position. If the Client does not close or cover their position after a notice, this position can be closed automatically. The Exchange does not cover any losses occurred due to position closure.
11.6 The Client acknowledges and agrees that in order to avoid their balance to go negative, the Exchange has the right to close any or all open position, with or without any notification to the Client.
11.7 Depending on the situation on the Cryptocurrency market any or all open position can be closed before the onset of ‘stop loss price’. Wherein, the closure price could differ from ‘stop loss price’. The Exchange does not cover any losses occurred due to the position closure
11.8 The Client acknowledges and agrees that the position opened under margin trading conditions on the Exchange Platform may be closed before the stop-loss price occurs if there is no possibility of reserving the required trading volumes for closing the position at the lowest price. The estimated closing price in the margin trading interface may be different from the real closing price.
11.9 The Exchange reserves the right to close any or all open position without any notice to the Client if the Client has no sufficient Funds to pay relevant fees or if a position is opened more than the specified period as prescribed by the Exchange.
11.10 The Client acknowledges and agrees that when the position is closing the Exchange Platform displays the approximate closing price, which may differ from the final due to instant changes in Cryptocurrency market.
12.1 The Storage fee is charged by the Exchange for storing any cryptocurrency as well as fiat currency until assets are claimed back by the Client or the Account goes to a zero balance.
12.2 The Storage fee will be charged on a daily basis as prescribed by the Exchange.
12.3 The storage fee which was charged on the Client’s account cannot be subject to the Refund.
12.4 The Exchange holds the right to change the Storage fee, as well as the way of its charge off.
13.1 The Client agrees to pay the Exchange the Transaction fee for each completed Transaction.
13.2 Prior to trading, the Client must consider the Transaction fee rates published by the Exchange. However, the Exchange reserves the right to change the Transaction fee rates from time to time publishing updates.
13.3 The Transaction fee amount is automatically charged off in the Platform.
13.4 The minimum transaction fee equals to minimum currency amount. For Fiat currency it equals to 0.01, for Cryptocurrency it depends on the currency. The Transaction fee is charged according to the Rounding policy.
13.5 Minimum and maximum price, as well as minimum and maximum order amount vary for each instrument.
13.6 For specific type of orders, the Transaction fee may differ from normal type order. Transaction fee rate shall be provided on request by the client.
13.7 The Transaction fee, other charges, as well as the charge procedure can be changed/reviewed unilaterally by the Exchange from time to time and such changes shall become effective the moment as prescribed by the Exchange.
14.1 For all financial calculations the Exchange uses the rounding policy in the favour of the Platform. The Exchange rounds the Fiat currencies to the 2nd digit after the separator. The Rounding policy for Cryptocurrencies varies depending on Cryptocurrency.
14.2 For the purpose of the processes optimization, transactions on the Platform with regard to some items (including, but not limited to currencies, Cryptocurrencies, etc.) will not be reflected at the Client’s Account and will appear as soon as a unit is whole in accordance with the rounding standards.
15.1 The Exchange reserves the right to suspend or terminate Client’s Account at any time if the Exchange reasonably believe to be required to do so by the law or in order to comply with recommendations issued by a relevant government authority or recognized body for the prevention of financial crime.
15.2 It is strictly forbidden to use the Account for any illegal purposes. The Exchange will report any suspicious activity to the relevant law enforcement.
15.3 The Client shall ensure that they do not use the Services for the transactions relating to:
a. money laundering, terrorist financing, proliferation of weapons of mass destruction;
b. human trafficking;
c. any goods or services that are illegal or the promotion, offer or marketing of which is illegal or that are offered in connection with illegal, obscene or pornographic content, depict children or minors in sexual postures, depict means of propaganda or signs of unconstitutional organisations glorifying war or violating human dignity;
d. any goods or services, promotion, offer or marketing of which would violate copyrights, industrial property rights or other rights of any person;
e. archaeological findings;
f. drugs, narcotics or hallucinogens;
g. weapons of any kind;
h. illegal gambling services;
i. ponzi, pyramid or any other “get rich quick” schemes;
j. goods that are subject to any trade embargo;
k. media that is harmful to minors and violates laws and, in particular, the provision in respect of the protection of minors;
l. body parts or human remains;
m. protected animals or protected plants;
n. weapons or explosive materials; or
o. any other illegal goods, services or transactions.
16.1 The Client is responsible for maintaining the confidentiality of their Account’s credentials, including, but not limited to a password, email, wallet address, balance and of all activity including Transactions made through the Account.
16.2 The Exchange personnel will never ask the Exchange to disclose their password. Any message the Client receives or website that he/she visits that asks for the password, other than the Exchange Site, should be reported to the Exchange. If the Client is in doubt whether a website is genuine, it is required to ensure the website is EV SSL compliant (Security Certificate Validation is shown in the address bar of a web browser).
16.3 It is advisable to change the Client’s password regularly (at least every three (3) to six (6) months) in order to reduce the risk of a security breach in relation to the Account. The Exchange also advises the Client not to choose a password that is easily guessed from information someone might know or gather about the Client or a password that has a meaning. The Client must never allow anyone to access his/her Account or watch the Client accessing his/her Account.
16.4 If the Client has any security concerns about his/her Account, login details, password or other security feature being lost, stolen, misappropriated, used without authorization or otherwise compromised, the Client is advised to change the password. The Client must contact the Exchange without undue delay on becoming aware of any loss, theft, misappropriation or unauthorized use of the Account, login details, password or other security features. Any undue delay in notifying the Exchange may not only affect the security of the Account but may result in the Client being liable for any losses as a result. If the Client suspects that someone else accessed his/her Account, the Client should also contact an appropriate government agency and report the incident.
16.5 The Exchange must take reasonable care to ensure that his/her e-mail account(s) are secure and only accessed by the Client, as his/her e-mail address may be used to reset passwords or to communicate with the Client about the security of the Account. The Exchange cannot be liable for the breach of an e-mail account resulting an unauthorized Transaction to be executed with proper confirmation. In case any of the e-mail addresses registered with the Client’s Accounts are compromised, the Client should without undue delay after becoming aware of this contact the Exchange and also contact his/her e-mail service provider.
16.6 Irrespective of whether the Client is using a public, a shared or his/her own computer to access the Account, the Client must always ensure that his/her login details are not stored by the browser, cached or otherwise recorded. The Client should never use any functionality that allows login details or passwords to be stored by the computer he/she is using.
16.7 Additional products or services the Client uses may have additional security requirements and the Client must familiarize with those as notified to him/her.
17.1 The Client may terminate Client Agreement and close their Account at any time, following settlement of any pending transactions.
17.2 The Client also agrees that the Exchange may, by giving notice, at its sole discretion terminate his/her access to the Platform and to his/her Account, including without limitation, our right to: limit, suspend or terminate the service and the Client's Accounts, prohibit access to the Platform, services and tools, delay or remove hosted content and take technical and legal steps to keep the Clients off the Platform if the Exchange thinks that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties or acting inconsistently with the letter or spirit of these Terms and Conditions. Additionally, the Exchange may, in appropriate circumstances and at our discretion, suspend or terminate Accounts of Client for any reason, including without limitation: (1) attempts to gain unauthorized access to the Platform or another Client's account or providing assistance to others' attempting to do so, (2) overcoming software security features limiting use of or protecting any content, (3) usage of the Service to perform illegal activities such as money laundering, illegal gambling operations, financing terrorism, or other criminal activities, (4) violations of these Terms and Conditions of Client Agreement, (5) failure to pay or fraudulent payment for Transactions, (6) unexpected operational difficulties, or (7) upon the request of law enforcement or other government agencies, if deemed to be legitimate and compelling by the Exchange, acting at its sole discretion.
17.3 The Exchange also reserves the right to cancel unconfirmed Accounts or Accounts that have been inactive for a period of six (6) months or more and/or to modify or discontinue the Platform or Service. The Client agrees that the Exchange will not be liable to them or to any third party for termination of their Account or access to the Platform.
17.4 The suspension of the Account shall not affect the payment of the Transaction fees due for past Transactions. Upon termination, the Client shall provide a valid bank account details or Cryptocurrency address to allow the transfer of any currencies deposited to his/her Account. The Exchange shall transfer the currencies as soon as possible following the Client's request in the time frames specified by the Exchange.
17.5 The Exchange will send the credit balance of the Client’s Account to him/her, however in circumstances a number of intermediaries may be involved in an international payment and these or the beneficiary bank may deduct charges. The Exchange will use reasonable efforts to ensure that such charges are disclosed to the Client prior to sending the payment; however, where they cannot be avoided, the Client acknowledges that these charges cannot always be calculated in advance, and that he/she agrees to be responsible for such charges.
18.1 All Services are provided “AS IS”, without guarantees of any kind, either expressed or implied.
18.2 The Client will strive to keep the Platform up and running; however, all online services suffer from occasional disruptions and outages and the Exchange is not liable for any disruption or loss the Client may suffer as a result. Thus, the Exchange does not provide any guarantees that access to the Platform will not be interrupted or that there will be no delays, failures, errors, omissions or loss of transmitted information.
18.3 The Exchange will use reasonable endeavours to ensure that the Client can normally access the Platform in accordance with Client Agreement. The Exchange may suspend use of the Platform for maintenance and will make reasonable efforts to give the Client a notice. The Client acknowledges that this may not be possible in an emergency.
19.1 The Exchange does not provide any financial, investment or legal advice in connection with the Services permitted by the Exchange. The Exchange may provide information on the price, range, volatility of Cryptocurrencies and Contracts and events that have affected the price of Crypto-currencies, but it should not be considered as an investment or financial advice and should not be construed as such. Any decision to buy or sell Cryptocurrencies and Contracts is the Client’s decision and the Exchange will not be liable for any loss suffered.
20.1 The Client undertakes to pay all his/her taxes and duties, which can be resulted from the use of the Exchange’s Services and should be paid according to the Client’s state of residence regulations.
20.2 The Exchange is not responsible for any violation made by the Client due to his/her obligation to calculate and pay taxes and duties.
21.1 The Exchange reserves the right to send notices to and communicate with the Client through the Platform or by any means of communication available to the Exchange, considering the contact details provided by Client
21.2 The Client expressly agrees to receive any notices in electronic form and to be bound by them, if so is required by the Client Agreement.
21.3 The main official information channel of the Exchange will be the Platform or/and the Website or/and the authorized email of the Exchange.
These Terms and Conditions of Client Agreement shall be governed by and construed in accordance with law of the land, unless otherwise expressly provided. All disputes and controversies arising out of or in connection with the Services and these Terms and Conditions shall be submitted to the Court, as the Court of first instance. If any portion of these Terms and Conditions of Client Agreement shall be deemed invalid, void or for any reason unenforceable, such portion shall be deemed severable and shall not affect the validity and enforceability of any remaining portion.
IN NO EVENT SHALL THE EXCHANGE, ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, BROKERS, AND ALL THIRD PARTY SERVICE PROVIDERS BE LIABLE TO THE CLIENT OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) ACCURACY, COMPLETENESS OR CONTENT OF THE PLATFORM AND THE WEBSITE, (II) ACCURACY, COMPLETENESS OR CONTENT OF ANY WEBSITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE PLATFORM AND THE EXCHANGE WEBSITE, (III) THE SERVICES PERMITTED BY THE EXCHANGE OR THE SERVICES PROVIDED BY ANY OTHER WEBSITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE PLATFORM OR EXCHANGE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF THE EXCHANGE’S SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED WITH THE EXCHANGE, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THE PLATFORM OR THE EXCHANGE WEBSITE OR ANY WEBSITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE PLATFORM OR THE EXCHANGE WEBSITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THE EXCHANGE WEBSITE OR ANY WEBSITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE PLATFORM THE EXCHANGE SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE AND/ OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE CLIENT'S USE OF THE PLATFORM OR THE WEBSITE OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITABLE THEORY AND WHETHER OR NOT THE EXCHANGE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PLATFORM OR THE WEBSITE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. IN ADDITION, THE CLIENT SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL THE EXCHANGE’S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY THE CLIENT FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR THE CLIENT'S USE OF THE PLATFORM OR THE WEBSITE OR THE SERVICES OF THE EXCHANGE.
The Client agrees to protect, defend, indemnify and hold harmless the Exchange and its officers, directors, employees, agents and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by the Exchange directly or indirectly arising from (i) the Client’s use of and access to the Platform or the Services; (ii) the Client’s violation of any provision of the Terms and Conditions of the Client Agreement or the policies or agreements which are incorporated herein; and/or (iii) the Client’s violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of the Client Agreement or the Client’s use of the Platform or the Services.
The Exchange reserves the right to amend or modify any portion of these Terms of Conditions of Client Agreement at any time by publishing the revised version of Client Agreement. The changes will become effective and shall be deemed accepted by the Client, the first time the Client uses the Services after the publishing of the revised Client Agreement and shall apply on a going-forward basis with respect to any activity initiated after publishing. In the event that the Client does not agree with any such modification, the Client's sole and exclusive remedy is to terminate the use of the Services and close the Account. The Client agrees that the Exchange shall not be liable to the Client or any third party as a result of any losses suffered by any modification or amendment of these Terms and Conditions of Client Agreement.
If the Exchange is unable to perform the Services outlined in the Terms and Conditions of Client Agreement due to the factors beyond its control including but not limited to the event of Force Majeure, change of law or change in sanctions policy, the will not have any responsibility to the Client with respect to the Services provided hereunder and for a time period coincident with the event.
The Platform and the Website may contain links to third-party websites that are not owned or controlled by the Exchange. The Exchange assumes no responsibility for the content, terms and conditions, privacy policies or practices of any third-party websites. In addition, the Exchange does not censor or edit the content of any third-party websites. By using the Platform or the Website, you expressly release the Exchange from any and all liability arising from the Client's use of any third-party website. Accordingly, the Exchange encourages the Client to be aware when the Client leaves the Platform or the Website, or the Services of the Exchange and to review the terms and conditions, privacy policies and other governing documents of any other website that you may visit.
If you have any questions relating to these Terms of Conditions of Client Agreement, your rights and obligations arising from these Terms and Conditions and/or your use of the Platform or the Websites or the Service, your Account or any other matter, please, contact us.