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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 apply to the Client in connection with the use of any and all Services, products and content of the Exchange.

The Client is solely responsible for understanding and complying with any and all laws, rules and regulations of his/her specific jurisdiction that may apply 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 Trading 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 Trading Rules, Regulation, Circular, Notification, Guideline and any other Policies published by the Exchange.

This agreement shall be entered into and executed on the acceptance of terms and conditions on the signup date.

1. DEFINITIONS

In these Terms and Conditions of Client Agreement, unless the context otherwise requires:

1.1.  “Arbitration” means a process for redressing any disputes in the Exchange under the provision of this Client Agreement.

1.2.  “Arbitrator” means an arbitrator appointed by the Exchange from the panel of its arbitrators.

1.3.  “Arbitral Tribunal” means a tribunal consisting of a sole arbitrator or two or more arbitrators appointed by the Exchange to adjudicate a reference made to arbitration.

1.4.  Account: means an account registered by the Client on the Platform.

1.5.  Broker means a person or entity authorized to introduce Clients by the Exchange or Members in accordance with criteria prescribed by the Exchange.

1.6.  Buyer: means the Client who submits an Order to buy Cryptocurrencies and/or Contracts through the Platform.

1.7.  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.

1.8.  Commission: means a fee charged by the exchange or on behalf of any other parties.

1.9.  “Conciliator” means a mediator appointed by the Exchange and/or mutually agreed by the parties and approved by the Exchange to mediate any dispute among Members, Customers and/or the Exchange.

1.10.  Cryptocurrency: means a peer-to-peer decentralized digital representation of value (e.g. bitcoins, ethers, etc.).

1.11.  Contracts mean any type of Contracts in instruments or derivatives of Cryptocurrencies permitted for trading in the Exchange.

1.12.  Deposit: means a Funds deposited by the Members, Brokers, Clients to the Account as prescribed by the exchange.

1.13.  Fiat currency: means government-issued currency.

1.14.  Funds: means Cryptocurrency and/or Fiat currency.

1.15.  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).

1.16.  Order: means the Client’s instruction to buy or sell Cryptocurrency and/or Contracts on certain conditions as prescribed by the Exchange.

1.17.  Platform: means an environment created by the Exchange that allows to trade Cryptocurrencies and/or Contracts.

1.18.  Rollover fee or charges: means estimated fees or charges that are charged by the Exchange from the Client’s balance to rollover a position.

1.19.  Seller: means the Client who submits an Order to sell Cryptocurrencies and/or Contracts through the Platform.

1.20.  Services: means all and any Services provided by the Exchange.

1.21.  Website: means the Exchange’s official website at www.unicoindcx.com.

1.22.  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.

1.23.  Transaction fee: means a fee which is payable to the Exchange for each completed Transaction or executed Order.

1.24.  Transaction Price: means the total price paid by the Buyer with respect to each Transaction or the value of Contract or the price of the Unit of Quotation for the contract performed via the Services.

1.25  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”).

1.26  Unit of Quotation means the bid or offer price of a specified quantity by the Exchange.

1.27  “Variation Margin” means the difference between the contractual value of a Cryptocurrency or Contract and the monetary value of the Cryptocurrency or Contract determined at the Settlement Price.

1.28  Withdrawal: means a Transaction involving a transfer of Funds from the User’s Account to his/her bank account or an account opened in any other financial institution.

1.29  Words imparting singular shall include the plural and vice versa. Words imparting masculine gender shall include the feminine gender and neutral gender and vice versa.


2. THE SCOPE OF THE SERVICES

2.1  The Services allow all Clients of the Platform to trade Cryptocurrencies and Contracts with other Clients.

2.2  Cryptocurrencies can be offered in following ways for clients:

2.3  Cryptocurrencies can be bought and sold in exchange for assigned Crypto or fiat currency.

2.4  Crypto contract can be traded on margin and afterwards settled in assigned Crypto and fiat.

2.5  Trading Instruments: Following trading instrument shall be introduced by an exchange for the purpose of trading to clients. The instrument will be available in variable fiat as well as Cryptocurrency as determined by exchange and permitted by the local regulator.

  • Spot contract
  • Margin Trading
  • Futures contracts
  • Option contracts

2.6  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.

2.7  The Client acknowledges and agrees that, when completing Trading Transactions, he/she is trading with other Client and the Exchange acts only as an intermediary in such Transactions, not as the counterparty to any trade.


3. THE CLIENT’S RIGHTS AND RESPONSIBILITIES

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 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.

3.13  On the death of a customer, his family members shall notify the Exchange within 10 days from the date of death. On receipt of such notice, the Exchange shall issue a notification about the death of the Member and all the Clients under that Broker Member will come directly under the Exchange. The Exchange shall transfer the balance deposit to the Member’s Operational Account, registered in the Exchange, after deducting fees, charges, tax liabilities, and other liabilities.


4. APPLICABLE RULES AND REGULATIONS:

Following rules and regulation will apply to customers, members and in the markets:

  • Trading Rules
  • Client Agreement
  • Membership Rules
  • Directive, circular and notification issued time to time
  • Cybersecurity policy
  • Privacy policy
  • KYC, AMLA & CFT
  • Broker Agreement
  • Risk Disclosure
  • Cookie Policy

5. ACCESS TO UNICOIN DIGITAL CAPITAL EXHANGE

5.1  All the market participant and client are treated on an equal basis and they will have equal and real-time access to market data available in Unicoin Digital Capital Exchange API, trading platform, and web interface.

5.2  Market data that can be accessed by a market participant on a real-time basis are all best bid and ask price along with an associated quantity.

5.3  The Client is allocated with a user ID and can set their password at the time of creating an account and can also change it any time.


6. MARGIN

6.1  Initial Margin: The Exchange shall apply initial margins based on market requirements. Initial margin may be fixed by the Exchange based on each contract/instrument and the Product Specification shall specify the fixed initial margin or % based initial margin of products to be applicable The initial margin requirement of a Member/Client is determined based on the notional value of a contract which is required to initiate any new position, either buy or sell, on listed and available contracts. It may be a fixed amount or percentage of the total contract value. A Member/Client is required to pay margin separately on each of the contracts initiated by them. A Trader must maintain the margin level above the maintenance margin level all the time, falling to do so leads to the margin call or equity hit. The Margin ratio for initial margin shall be in a range of 3% to 20%.

6.2  Intraday Margin: Intraday margin facilitates contracts to be traded from the daily opening of the contract till the day session close. It shall act equal to the initial margin for the contract till the day session close. The Margin ratio for intraday margin shall be half of the initial margin ratio.

6.3  Over Night Margin: It is the margin applicable to hold an open position overnight. The Margin ratio for overnight margin shall double of initial margin ratio.

6.4  Variation margin: It’s the additional amount of cash you are required to deposit to your trading account after your position has taken sufficient losses to bring it below the "Initial Margin". This kind of margin can be enabled by the exchange at any point in time, basing on the market conditions. Generally, this kind of margin can be applied during anytime of the day where user needs to bring back the deficit amount to the initial margin level.

6.5  Other Kinds of Margin: Depending upon the requirement, Exchange can introduce various kinds of margin giving advances notices to the Members, Brokers and Clients.

6.6  Margin Call: Margin Call is a Notice issued to the Clients/Members to bring or top up the margin deposit up to the required level. Margin Call, in general, shall be calculated based on the daily settlement price. The Clients/Members need to fulfil the margins as per the norms laid down by the exchange, noncompliance of margin notice within the specified time will lead to the liquidation of any/all positions. Margin Call Liquidation time and price shall be as per specified by the exchange. Margin ratio for initial margin depends upon the initial margin level as a client need to bring back their margin level whenever it goes below the initial margin level at the time of MTM.


7. THE CLIENT’S REPRESENTATIONS AND WARRANTIES

7.1  By registering an Account, the Client expressly represents and warrants that he/she:

  • follows the rules and laws in his/her country of residence and/or country from which he/she using the Services;
  • has accepted these Terms and Conditions of Client Agreement;
  • has accepted all the rules and regulation released by an exchange; and
  • has attained the minimum age of signing a contract as per law of Labuan and has the right to accept these Terms and Conditions of Client Agreement and participate in transactions involving Cryptocurrencies and Contracts.

7.2  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 authorized and have the capacity to enter into the Transactions on the Platform.

7.3  The Client represents and warrants that both Fiat currency and Cryptocurrency deposited to the Account belong to the Client and derived from legal sources.

7.4  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.

7.5  The Client represents and warrants that all Transactions being carried out do not violate the rights of any third party or applicable laws.

7.6  The Client understands that his personal data and identifiers may be shared with appropriately authorized third parties, due to legal obligations such as prevention of crimes and tax purposes and/or to provide the service requested by the Clients.


8. TRADING LIMITS

8.1  The Exchange will impose a trading limit to its customer from time to time as per the market condition and financial capacity of its customers. The review shall be periodically (every quarter) conducted by the compliance department and any outcome will be notified to customers and members and shall be binding to all after issuance.


9. LIQUIDATION

9.1  Client is allocated with a user ID and can set their password at the time of creating an account and can also change it any time. They can enter and exit the market during the trading hours with the help of orders available in the platform.


10. FORCED LIQUIDATION

10.1  If a position held by any Members and Clients is huge and poses threat to the clearing and settlement system of exchange and even threat to activate the clawback system; then the exchange will request to cancel and/or close part of open and/or pending orders. Moreover, exchange hold the rights to partially cancel and/or close open order and pending order to reduce the risk arises in the system which may ultimately hamper the integrity of the market.

10.2  Moreover, Client position can be forcefully liquidated under the following circumstances:

  • Equity Hit scenario: when user equity level reached to 4% of user’s equity and half commission in total, his position shall be forcefully liquidated to safeguard the risk that can pose to other market participants.
  • Unaddressed Margin Call scenario: if a margin call is unaddressed by a client then exchange will forcefully close down the client’s position to protect the other market participants.

11. LIMITATION OF LIABILITY

11.1  Any liability of the Exchange for transactions voided or adjustments made by the Exchange that are outside the bust range shall be subject to the limitations and conditions of Exchange rules. If phantom order transactions executed on the system are not voided or adjustments not made, the person who traded opposite a phantom order shall have no recourse against the Exchange. The Exchange shall not be responsible for gain or loss on the liquidation of positions resulting from the execution of such phantom orders or adjustments made therein. The Exchange shall promptly direct the Member carrying such positions to liquidate them or make adjustments in a commercially reasonable manner. Such Member shall liquidate such order within 30 minutes of such notification or within 30 minutes of the time it knew or should have known that it had been assigned transactions resulting from phantom orders, whichever is sooner. The Exchange does not hold any liability to such person and the trade will be treated as cancelled.


12. CLAWBACK SYSTEM

12.1  When the Settlement Guarantee Fund is insufficient to cover the clearing and settlement losses and market integrity is at risk subsequently clawback system gets activated. Under the clawback system clawback rate is calculated depending upon the loss amount and Members & Clients entire profit for a particular week i.e. from Sunday to Saturday. Clawback rate is applicable for covering the difference between liquidated price and settled price when SGF is insufficient to cover such loss arises in the market. While calculating clawback provision, cash-settled system and physical buying and selling system of the digital asset would be segregated. Exchange as per guidance from trading rules and Regulations in its sole discretion will decide the clawback rate and manner as per the situation arises in the market.

12.2  Clawback system gets activated when; Clearing and settlement loss > Settlement Guarantee fund; in above scenario; clawback rate = (clearing and settlement loss+ insurance amount)/net profit of all Members and Clients for a week

For example:

Clearing and settlement loss 50 BTC

Insurance fund 35 BTC

Profit of all Members and Brokers 2000 BTC

Clawback rate = (-50 BTC + 35 BTC)/2000 BTC = 0.75%

Now any individual Clients or Members will have to bear 0.75 % of their week profit towards clawback provision. Therefore, a client with a profit of 5 BTC for that week will bear 0.75% profit i.e. 0.0375 BTC.


13. INSTRUCTION OF ORDER

13.1  Instruction for the order can be given with the following medium

  • Online Trading platform: Here user can place any available order in the market from online trading platform which may be available in web or mobile application devices.
  • Offline support: In the case of unavailability of the online trading platform due to any unforeseeable circumstances, user can make a phone call to close their existing order if they have any. However, they cannot place any new order in such circumstances. Any call received under such circumstances will be recorded and kept as proof for the order instruction by the user to an exchange.

14. THE EXCHANGE RIGHTS AND RESPONSIBILITIES

14.1  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.

14.2  The Exchange undertakes to provide the Services with the utmost effort, due care and in accordance with these Terms and Conditions of Client Agreement.

14.3  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.

14.4  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.

14.5  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.

14.6  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.

14.7  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.

14.8  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.


15. THE EXCHANGE’S REPRESENTATIONS AND WARRANTIES

15.1  The Exchange shall provide the Services with reasonable care and skill and in accordance with these Terms and Conditions of Client Agreement.

15.2  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.

15.3  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.


16. INTELLECTUAL PROPERTY RIGHTS

16.1  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.

16.2  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.

16.3  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.

16.4  Exchange can record conversation and communication with the client which can be further used for record and training purpose. Exchange shall entitle the intellectual property right of such recording.


17. DATA PROTECTION AND CONFIDENTIALITY

17.1  Personal information or data: “Personal information or data” means any information that the Company collects about your personal information while you visit our website, software, mobile application and/or other defined technologies. During the process of opening account with us, we collect your contact information including name, address, phone, email, national identity document, passport etc. Additionally, information regarding your transactions and trading; bank account; and information pertaining to your IP address and the device or computer used by you for the purpose also falls under personal information and data.

17.2  Personal Data Collection: UDCX can collect, processes and stores Personal Data collected through various sources such as website, Software, mobile application and other applicable technologies in process of using our services from you will be regarded as given consent. This Personal Data may include name, address, phone, email, copies of national identity and passport provided by you or derived from publicly accessible databases, your government identification number as well as information relating to your device or internet service such as an IP address and a MAC number.

17.3  The collected information we get access in the process of you using any of our services or technologies may be a completed, incomplete, or abandoned the process. UDCX collect, use, store, and transfer your Personal Data according to the applicable government act, rules and regulation. Following are the kind of your information we may collect, store and process:

  • Email address
  • Full name
  • Date of birth
  • Mobile number
  • Nationality
  • Residential address
  • Copy of Passport or government id
  • Passport number or government id number
  • Proof of residency
  • Additional requirement as per the need

17.4  Usage of your personal data: UDCX may use your personal data as per the requirement to communicate with you for various purposes to enhance and personalized the services delivered to you. UDCX may also use your personal data with us for other product and services which may be offered by UDCX or/and our partners. UDCX will not share your private information with an outside party other than partner which are associated with the product/service delivered to you. However, in the course of creating, delivering, enhancing our product/services if it is required to share your personal information with the third party, we may share information with third parties. Moreover, in order to comply with the local act, rules and regulation with government authorities, law enforcement agency and/or judiciary department we may share your personal information. Furthermore, in the process of complying anti-money laundering, trade, and economic sanction and prevent any kind of illegal financing we may have to involved/use the third party to undertake due diligence on your personal data.

17.5  Security of personal data: UDCX implement reasonable and appropriate data collection, storage and processing method and safety actions to protect against unauthorized infiltration of our registered customer details and data stored on our system. Personal data which is at risk of hacking is encrypted and protected with digital signatures. At the same time, UDCX will not be liable for any kind of breach that happened not due to our carelessness and non-compliance with the associated law.

17.6  Security measure: In an attempt to protect you from unauthorized infiltration and change of your personal data and information, UDCX takes various industry-standard security measures to ensure information security.

17.7  Storage of your personal data: The personal information that we possess from you can be stored, transferred at a destination outside of your home country. The personal information data of yours could be handled by a person other than your home country citizen. Therefore, by agreeing with this privacy policy you agree to store, transfer, and process your personal data within our infrastructure or places/technology that UDCX deems suitable.

17.8  Unauthorized Infiltration of your personal data: You can request and access your personal information copy with us to check, verify about the up to date accuracy of your personal information. As per your personal updates and changes you can request to update your personal data and information with us. At the same time, you can also request to delete your any personal details other than the details that are required for us to save to comply with local rules and regulations. The request for access, correct and deletion of your data can be processed for free after the company is confirmed about the legality of your request. In case of a repetitive request for access, correction, and deletion of your personal data, the company can charge certain administrative fees from you.

17.9  Promotional material: We may use your personal data and information to communicate any of our promotional material which may be in various forms such as news, blog, market commentary, various publication, promotional offers, information related to marketing and promotion of our product and services. Such activities can be conducted by the company or/and third party and to facilitate such activities, we may have to share your personal information with the third party as well. Therefore, as you accept this privacy policy you agree to receive any promotional or marketing communication. However, the client can always avoid such material by clicking unsubscribe if the material is sent through email or in other cases can request to the company. However, in the case of communication-related to product/services that you are using, the information dissemination would be compulsory and you cannot choose to not receive such information.


18. THE CLIENT VERIFICATION

18.1  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 provided to the Clients.

18.2  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.

18.3  The Client hereby authorizes 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.


19. ACCOUNT MAINTENANCE

19.1  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.

19.2  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.

19.3  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.

19.4  The Client reserves the right to recommend amount limits for the Account funding/withdrawal. The Exchange could recommend daily, monthly and per onetransaction amount limits.

19.5  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.

19.6  Creation or use of the Accounts without obtaining 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 UDCX may decide to take further action against the Client.

19.7  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. Abandoned Accounts with zero balances shall be deactivated.


20. TRANSACTIONS

20.1  The Platform allows the Client to submit the Orders to buy or sell Cryptocurrencies and the Contracts.

20.2  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 without prior notice to the Seller and the Buyer and will be considered to have taken place at the execution date and time.

20.3  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 to 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.

20.4  Minimum and maximum order amount vary for each trading pair and can be seen on the Platform when placing an Order.

20.5  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.

20.6  Unverified Clients are not allowed to withdraw any Cryptocurrencies or Balance.

20.7  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.

20.8  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 the investigation.

20.9  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 to discover the reasons for such request.

20.9  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.


21. MARGIN TRADING

21.1  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.

21.2  The Exchange may charge its fees for opening and/or closing of a position, as well as for keeping a position open (“Rollover fee”).

21.3  The Client may rollover an opened position for the specified period of time as prescribed by the Exchange paying the Rollover fee.

21.4  In any case, an opened position should be closed within the specified period as prescribed by the Exchange.

21.5  Due to volatility and constant changes on a Cryptocurrency market the Exchange reserves the right to close any open position any time with prior notice to the Client. In order to cancel the position closure, the Client has to replenish their Account 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.

21.6  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.

21.7  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.

21.8  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.

21.9  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.

21.10  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 the Cryptocurrency market.


22. STORAGE

22.1  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.

22.2  The Storage fee will be charged on a daily basis as prescribed by the Exchange.

22.3  The storage fee which was charged on the Client’s account cannot be subject to the Refund.

22.4  The Exchange holds the right to change the Storage fee, as well as the way of its charge off.


23. TRANSACTION FEE

23.1  The Client agrees to pay the Exchange the Transaction fee for each completed Transaction.

23.2  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.

23.3  The Transaction fee amount is automatically charged off in the Platform.

23.4  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.

23.5  Minimum and maximum price, as well as minimum and maximum order amount, can vary for each instrument.

23.6  For a specific type of orders, the Transaction fee may differ from normal type order. Transaction fee rate shall be provided on request by the client.

23.7  The Transaction fee, other charges, as well as the charging 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.

23.8  Fees, Commissions, Interests and Charges.

23.9  Fees applicable to the clients are as per the following diagram:

  • Fiat to Crypto
Coin Deposit Withdrawal Trading Fee (Buying & Selling)
BTC Free 0.003 BTC onwards depending on network fees 0.6% - 2%
ETH Free 0.011 ETH onwards depending on network fees 0.6% - 2%
BCH Free 0.02 LTC onwards depending on network fees 0.6% - 2%
LTC Free 0.002 BCH onwards depending on network fees 0.6% - 2%
USDT (ERC20) Free 2 USDT onwards depending on network fees 0.6% - 2%
  • Crypto to Crypto
Coin Deposit Withdrawal Trading Fee (Maker Fee) Trading Fee (Taker Fee)
ETH/BTC Free 0.011 ETH onwards depending on network fees 0.2% - 0.5% 0.2% - 0.5%
BCH/BTC Free 0.002 BCH onwards depending on network fees 0.2% - 0.5% 0.2% - 0.5%
LTC/BTC Free 0.02 LTC onwards depending on network fees 0.2% - 0.5% 0.2% - 0.5%
BTC/USDT Free 0.003BTC onwards depending on network fees 0.2% - 0.5% 0.2% - 0.5%
ETH/USDT Free 2 USDT onwards depending on network fees 0.2% - 0.5% 0.2% - 0.5%
BCH/USDT Free 2 USDT onwards depending on network fees 0.2% - 0.5% 0.2% - 0.5%
LTC/USDT Free 2 USDT onwards depending on network fees 0.2% - 0.5% 0.2% - 0.5%

23.10  The time frame to make payment is in real-time basis where client is obliged to pay required commission, fees and/or charges at the time of trade initiation or applicable services.


24. ROUNDING POLICY

24.1  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.

24.2  For the purpose of the processes optimization, transactions on the Platform with regards 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.


25. ILLEGAL TRANSACTIONS

25.1  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 to comply with recommendations issued by a relevant government authority or recognized body for the prevention of financial crime.

25.2  It is strictly forbidden to use the Account for any illegal purposes. The Exchange will report any suspicious activity to the relevant law enforcement.

25.3  The Client shall ensure that they do not use the Services for the transactions relating to:

  • money laundering, terrorist financing, proliferation of weapons of mass destruction;
  • human trafficking;
  • 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 organizations glorifying war or violating human dignity;
  • any goods or services, promotion, offer or marketing of which would violate copyrights, industrial property rights or other rights of any person;
  • archaeological findings;
  • drugs, narcotics or hallucinogens;
  • weapons of any kind;
  • illegal gambling services;
  • ponzi, pyramid or any other “get rich quick” schemes;
  • goods that are subject to any trade embargo;
  • media that is harmful to minors and violates laws and, in particular, the provision in respect of the protection of minors;
  • body parts or human remains;
  • protected animals or protected plants;
  • weapons or explosive materials; or
  • any other illegal goods, services or transactions.

26. ACCOUNT SECURITY

26.1  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.

26.2  The Exchange personnel will never ask the Exchange to disclose their password. Any message the Client receives or website that he/she visits that ask 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).

26.3  It is advisable to change the Client’s password regularly (at least every three (3) to six (6) months) 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.

26.4  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.

26.5  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 in an unauthorized Transaction to be executed with a proper confirmation. In case any of the email 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.

26.6  Irrespective of whether the Client is using a public, a shared or his/her 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.

26.7  Additional products or services the Client uses may have additional security requirements and the Client must familiarize with those as notified to him/her.


27. TERMINATION OF THE CLIENT AGREEMENT

27.1  The Client may terminate Client Agreement and close their Account at any time, following the settlement of any pending transactions.

27.2  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.

27.3  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 any third party for termination of their Account or access to the Platform.

27.4  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.

27.5  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.


28. SERVICES AVAILABILITY

28.1  All Services are provided “AS IS”, without guarantees of any kind, either expressed or implied.

28.2  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.

28.3  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.


29. FINANCIAL OR LEGAL ADVICE

29.1  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 Cryptocurrencies, 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.


30. TAXATION

30.1  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.

30.2  The Exchange is not responsible for any violation made by the Client due to his/her obligation to calculate and pay taxes and duties.


31. NOTICES AND COMMUNICATION

31.1  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.

31.2  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.

31.3  The main official information channel of the Exchange will be the Platform or/and the Website or/and the authorized email of the Exchange.


32. GOVERNING LAW AND DISPUTE RESOLUTION

32.1  These Terms and Conditions of Client Agreement shall be governed by and construed in accordance with the law of Labuan, 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 the 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.


33. GOVERNING LANGUAGE

33.1  English shall be the governing language of the Exchange. All proceedings in the Exchange shall be recorded in English. The governing law shall be law of Labuan in all disputes.


34. LIMITATION OF LIABILITY

34.1  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.


35. INDEMNITY

35.1  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.


36. MODIFICATIONS AND AMENDMENTS

36.1  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 the 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. Any amendment will be pre-notified to users seven days in advance.


37. FORCE MAJEURE

37.1  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.


38. CONCILIATION

38.1  All claims, differences and disputes, between a user, member and/or the Exchange, arising out of or in connection with the Transactions on the Exchange including any agreements and contracts, made subject to these Client agreement or the Trading Rules or Regulations of the Exchange or with reference to anything incidental thereto or in pursuance thereof or relating to their validity, construction, interpretation, fulfilment or the rights, obligations and liabilities of the parties thereof and including any question of whether such agreements, contracts and transactions have been entered into or not, the parties shall adopt conciliation proceedings, before a conciliator or a panel of conciliator appointed by the Exchange prior to referring the dispute to arbitration, subject to the provisions of this Client Agreement and the Trading Rules made thereunder.

38.2  The place of Conciliation shall be at the Arbitration and Conciliation Centre at the Exchange or any place prescribed by the Exchange.

38.3  The Exchange shall prescribe the Norms, Procedure and Fees including the procedure for appointment of Conciliator for such conciliation process.


39. ARBITRATION

39.1  If parties fail to resolve any claims, dispute or difference through Conciliation, the dispute shall be referred to and decided by Arbitration subject to the provisions of this User Agreement and Trading Rules made thereunder.

39.2  Reference to Arbitration: All claims, differences and disputes, between a Clients, Member and/or the Exchange, arising out of or in connection with the Transactions on the Exchange including any agreements and contracts, made subject to these User Agreement or the Trading Rules or Regulations of the Exchange or with reference to anything incidental thereto or in pursuance thereof or relating to their validity, construction, interpretation, fulfilment or the rights, obligations and liabilities of the parties thereof and including any question of whether such agreements, contracts and transactions have been entered into or not, the parties shall be submitted to Arbitration in accordance with the provisions of this User Agreement and any Trading Rules framed thereunder.

39.3  In all Trade, Contracts, Agreements and Transactions, which are made or deemed to be made subject to these User Agreement, Trading Rules and Regulations of the Exchange, this provision of arbitration shall form and deemed to form a part of such Trade, Contract, Agreements and Transactions and parties therein shall be deemed to have entered into an Arbitration Agreement in writing by which all claims, differences or disputes shall be submitted to Arbitration as per the provisions of this Client Agreement.

39.4  Appointment of Arbitrators: The Exchange shall prescribe by Rules or Notification the qualification of Arbitrators. The Exchange shall also constitute a panel of not less than five Arbitrators, consisting of professionals conversant with the Trading in the Exchange and its Client Agreement, Trading Rules and Regulations, or having expertise in such areas like law or economics, finance, business or from any other profession approved by the Exchange.

39.5  Place of Arbitration:The place of Arbitration shall be at the Arbitration and Conciliation Centre at the Exchange or any place prescribed by the Exchange.

39.6  Jurisdiction and procedures: All parties to a reference to Arbitration under these Client Agreement, Trading Rules and Regulations and the persons, if any, submitting claims under them, shall be deemed to have submitted to the exclusive jurisdiction of the Court for the purpose of giving effect to the provisions of the Act, this Client Agreement and Trading Rules and Regulations in force.

39.7  All the reference to Arbitration shall be conducted including the procedures, taking of evidence, passing of award and decided in accordance with the procedure and provision of this Client Agreement and Trading rules framed there under by the Exchange.

39.8  Language of Arbitration: The language of Arbitration shall be in English and the proceedings also conducted in the English Language. If the documents are in a language other than English, parties shall submit their true copies along with the documents.

39.9  Fees and Charges: The Exchange shall prescribe the Fees for the proceedings, Charges of Arbitrators and any other fees as may be required for the proceedings and the manner of payment from time to time.

39.10  Set‐off and Counterclaim: On a reference to Arbitration by one party, the other party or parties shall be entitled to claim a set‐off or make a counterclaim against the former party, provided such set-off or counterclaim arises out of or relates to Trades, Contracts and Transactions made subject to the Client Agreement, Trading Rules and Regulations of the Exchange and subject to Arbitration as provided herein, and provided further such set‐off or counterclaim is presented, together with full particulars, at or before the first hearing of the reference but not afterwards unless specifically permitted by the arbitral tribunal.

39.11  Award: The award passed by the Arbitrator whether interim or final shall be binding on the parties and their respective representatives, notwithstanding the death of or legal disability occurring to any party before or after the making of the award and such death or legal disability shall not operate as a revocation of the reference or award or shall not affect the rights under the award of the awardees in any manner whosoever. After the award is being passed, a signed copy of the award shall be delivered to each party.

39.12  Penalty on Failure to Submit to or Abide by Award in Arbitration: Exchange on receiving an award against a client and who fails or refuses to submit to or abide by or comply with any award in Arbitration between customer and member or Customer and the Exchange, as may be provided in these Client Agreement, Trading Rules and Regulations shall declare such Member as a defaulter and suspended or terminated from its Membership, and thereupon the other party shall be entitled to institute legal proceedings to enforce the award in the same manner as if it is a decree of court.

39.13  Right to Appeal: A party, who is aggrieved with the award, may appeal to the competent court of jurisdiction, within 30 days from the date of the award, in accordance with the Arbitration Act. Provided that the aggrieved party shall deposit the amount in award with the Exchange before filing the appeal and such amount shall be kept with the Exchange in abeyance and shall be disposed of eventually as per the direction of the Court.

39.14  Enforceability of Award as a Decree: When the time for preferring an appeal has been expired and no appeal has been preferred or the appeal has been preferred and the appeal has been rejected the award is enforceable as if it is a decree of the court.

39.15  Power to make rules: Subject to this provision, the Exchange shall frame necessary Rules and Regulations regarding the procedure of Arbitration, procedure for appointment of Arbitrators, procedure for making an award, Fees, Forms and all other procedures in relation to the conduct of Arbitration, which are not specifically mentioned in this Client Agreement.


40. LINKS TO THIRD-PARTY WEBSITES

40.1  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.


41. FURTHER ASSURANCE

41.1  Each party shall do and perform, or cause to be done and performed, all such further acts and things, and shall execute and deliver all such other agreements, certificates, instruments and documents, as the other party may reasonably request in order to carry out the intent and accomplish the purposes of this Agreement and the consummation of the transactions contemplated hereby.


42. SEVERABILITY AND WAIVER

42.1  Failure or delay to exercise any right, power or remedy hereunder by the Proxy will not affect such right, power or remedy, or constitute a waiver of such right, power or remedy; and any single or partial exercise of such right, power or remedy will not preclude the further exercise of such right, power or remedy, or exercise of any other right, power or remedy. If any provision of this Agreement at any time becomes unlawful, invalid or unenforceable at any aspect under any law of any jurisdiction, the lawfulness, validity and enforceability of such provision under the laws of any other jurisdiction and the lawfulness, validity and enforceability of any other provision of this Agreement will not be affected or prejudiced.


43. DISCLAIMER

43.1  Exchange doesn’t provide any information related to trading and analysis to generate a trade by a client. The information provided by exchange through its various publication is purely for market awareness purpose. Moreover, the exchange doesn’t hold responsible or liability for any profit or loss made by clients during the course of buying and selling.

43.2  Exchange cannot have the client’s power of attorney and cannot exercise such power on behalf of the client. However, the exchange can forcefully liquidate the position within the parameter of trading rules and regulation of exchange.

43.3  The Client should, at the earliest, submit changes of information that was provided during the client registration process.


44. CONTACT US

44.1  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.


45. RISK DISCLOSURE

45.1  Unicoin Digital Capital Exchange (UDCX) is a Cryptocurrency exchange For Buying, Selling and Trading of Cryptocurrencies on the online trading platform which involves substantial risk and even cause loss which may not be appropriate for all investors. Before opening an account with Unicoin Digital Capital Exchange (UDCX), please assess your investment objectives, risk appetite, assets, income and the level of experience in this market. While buying, selling and trading there could be the possibility where you may lose some or all your initial investment, henceforth, you must not speculate, invest, trade the amount of the capital you cannot bear to lose, or the amount that you have borrowed or is urgently needed for personal subsistence. Before trading, please consider all the possible risks associated with the Cryptocurrencies market. In case of any kind of doubts regarding the buying, selling and trading, kindly seek advice from an independent financial adviser.

45.2  As a responsible and good corporate citizen, Unicoin Digital Capital Exchange (UDCX) respect and comply with all applicable governmental rules and regulations. In doing so, we may be asked for information by various government authorities within the permissible law and in such circumstances, we will fully cooperate with the concerned government authorities. Therefore, all our customers are required to comply with all the applicable laws, rules and regulation on our platform.


FOR THE EXCHANGE:

Signature: …………………………………………………… (Stamp)

Name: ………………………………………………………….


FOR THE CLIENT:

Signature: ……………………………………………………

Name: ………………………………………………………….


Witnesses:

1.


2.

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