PROFITPIONEERS EARNING
(www.PROFITPIONEERS EARNING.com) is an
information intermediary service Platform (hereinafter referred to as the
“Platform") that provides Users with digital asset trading and related
services. The Platform provides services to Users registered with the
Platform (hereinafter referred to as the “Users") in accordance with the
terms and conditions of this Agreement (defined below), and this Agreement
shall be legally binding between the Users and the Platform. The Platform
hereby reminds the Users to carefully read and fully understand the terms
and conditions of this Agreement, especially those terms and conditions of
this Agreement that exclude or limit the liability of the Platform and
exclude or restrict the rights and interests of the Users. The Users shall
read carefully and choose to accept or reject this Agreement. Unless a User
accepts all the terms and conditions of this Agreement, the User shall not
be entitled to use the services provided by the Platform. If the User does
not agree to the content of this Agreement or refuses to recognize the right
of the Platform to make unilateral amendments to this Agreement at any time,
the User shall promptly stop using and cease to access the Platform. By
registering as a User of the Platform or using the services offered, a User
is deemed to fully understand and fully accept all the terms and conditions
of this Agreement, including any amendments that the Platform may make to this Agreement at
any time.
For the convenience of wording in this
Agreement, the Platform is collectively referred to as "we" or other
applicable forms of first-person pronouns in this Agreement. All natural
persons and other visitors who log onto this Website shall be referred to as
"you" or any other applicable forms of the second-person pronouns. You and
we are collectively referred to as “both parties”, and individually as “one
party” herein.
Chapter 1 Definition and
Interpretation
Article
1 In this Agreement,
the following terms and expressions shall have the meanings ascribed to them
below, unless any term or condition herein requires otherwise:
(1)
Agreement: consists of this Service
Agreement, the Privacy Policy, Rules against Money Laundering and Terrorism
Financing, as well as any other rules, statements and guidelines inter
alia that have been or may be released or published on the
Platform.
(2)
Force Majeure: includes maintenance of
information network equipment, failure of access to information networks,
failures of computer, communication or other systems, power failures,
weather, accidents, industrial actions, labor disputes, riots,
insurrections, disturbances, inadequacy in productivity or means of
production, fires, floods, storms, explosions, wars or other factors on the
part of cooperation partners, collapse of the digital asset market,
government actions, judicial or administrative orders, and other
circumstances that are beyond the control of the Platform.
(3)
Affiliate(s): if a company directly or
indirectly controls another company, or is directly or indirectly under the
control of another company, or otherwise has significant influence over
another company or is under the significant influence of another company,
the former is then an affiliated company of the latter;
(4)
Intellectual Property Rights: shall have
the meaning ascribed to it under Article 88 of this Agreement.
Article
2 All codes or
statutes or administrative regulations cited in this Agreement shall refer
to the latest amended version thereof, regardless of whether such amendment
is made before or after the signing of this Agreement.
Article
3 The headings of the
terms and conditions of this Agreement are for convenience only and shall
not be used for the purpose of interpreting the terms and conditions of this
Agreement. References herein to any statement, term, condition, annex,
schedule shall refer to statements, terms, conditions, annexes, and
schedules hereunder.
Article
4 The term “include”
used herein shall, under any and all circumstances, always have the meaning
ascribed to the term, unless this Agreement requires
otherwise.
Article
5 Unless it is agreed
otherwise herein, should there be any conflict or inconsistency between the
documents hereunder, the validity of the documents shall be prioritized in
the following order, so as to resolve such conflict or
inconsistency:
(1)
User Service Agreement of KuCoin
Website;
(2)
Privacy Policy of KuCoin
Website;
(3)
Rules against Money Laundering and
Terrorism Financing;
(4)
other agreements, rules and guidelines as
may be implemented from time to time.
Article
6 The Users may
choose from among different language versions of the Platform. Should there
be any inconsistency or conflict between the different language versions in
terms of content, or should there be any omission in one language version,
the English version of the Platform (and the corresponding terms,
agreements, policies, etc., as indicated under Article 5) shall
prevail.
Chapter 2 Basic Terms of the
Platform
Article
7 The Platform is an
information intermediary service platform (website: www.profitpioneersearning.com; if the
Platform releases a new web address in the form of an announcement, please
visit the new web address). The Platform services are provided by this
Company to its Users through various means, such as the Platform and
clients. The specific content of the services mainly includes: release of
digital asset trading information, digital asset trading services, User
services and other transaction facilitation services, subject to the content
of the services actually provided by the Platform.
Article
8 In order to protect
your rights and interests, you should carefully read and fully understand
all the terms and conditions of this User Service Agreement before you
voluntarily register to use the Platform services. Upon your registration
with the Platform or use of the Platform, it shall be deemed that you fully
understand and accept this Agreement and any and all subsequent amendment
that the Platform may make thereto at any time; and if you breach this
Agreement, you shall be held contractually responsible for any and all legal
consequences of such breach.
Article
9 The Platform may
amend this Agreement at any time. Upon any change to the content of this
Agreement, the Platform will release the latest version of this User Service
Agreement, as amended, without notifying each User one by one. If a User
does not agree with the amendment of this Agreement made by the Platform,
the User has the right to stop using the Platform services. If the User
continues to use the Platform services, it is deemed that the User accepts
the amendment(s) made by the Platform to this Agreement and the User will
adhere to the terms and conditions of this Agreement as
amended.
Article
10 As for the
Platform's notices to the Users, and any other agreements, announcements or
other notices in connection with the Users' use of their accounts and
services, the Users agree that the Platform may deliver such notices,
agreements and announcements by such electronic means as intra-Platform
announcements, intra-website messages, e-mails, mobile phone short text
messages, wireless communication devices, inter alia. or by such
physical means as by post. Such notices, agreements and announcements shall
be deemed to have been duly served on the addressees on the day when they
are delivered (if they are sent to the Users by post, they shall be deemed
to have been served on the third natural day after they are posted to the
contact addresses of the Users retained on the Platform). If a User fails to
receive any of the aforesaid notices, agreements or announcements on the
date when it is deemed to have been served due to reasons not attributable
to the Platform (including inaccurate or invalid e-mail address, mobile
phone number, contact address, inter alia), the Platform shall not
be held responsible in any manner whatsoever.
Chapter 3 Registered
Users
Article
11 Users must
register with the Platform before they may access the Platform
services.
Article
12 The Users who are
individuals shall be natural persons who are at least 18 years of age, or
are deemed under the law of the country where they are located as natural
persons having full capacities for civil rights and are capable of
independently bearing civil liabilities.
Article
13 A legal person,
organization or any other institution that intends to register as an
institutional User with the Platform as a User thereof shall designate a
representative who is a natural person that is at least 18 years of age or
is deemed under the law of the country where such natural person is located
as having full capacities for civil rights and capable of independently
bearing civil liabilities to complete the registration with the Platform on
behalf of such legal person, organization or institution.
Article
14 Upon your clicking
the "agree to register" button, you or the organization you are duly
authorized to represent shall be deemed as having agreed to the entire
content of this Agreement, and you or the organization you represent shall
be bound by this Agreement. If you do not have any of the qualifications
required under Article 12 or Article 13 of this Agreement, then you and the
institution that you are authorized to represent shall bear any and all the
consequences resulting therefrom, and the Platform reserves the right to
cancel or permanently freeze your account and to hold you and the
institution that you are authorized to represent accountable.
Article
15 You agree to
provide such information as your name, email address, mobile phone number,
nationality, Identity (“ID”) card number inter alia, as is required
by the Platform’s User registration page.
Article
16 Before or after a
User’s registration with the Platform, the Platform shall have the right to
require the User to provide more information or data in accordance with the
requirements of any of the applicable laws, regulations, rules, orders and
other regulatory documents of the country or region where the User is
located. The User should cooperate with the Platform by and shall be
responsible for, submitting the requisite information or materials and
adopting reasonable measures to meet the requirements of local regulatory
requirements.
Article
17 Each User shall
hereby make the following undertakings:
(1)
the User registers with the Platform and
uses the Platform for the purpose of legally trading the User’s own digital
assets, and does not have any intention to use the Platform to violate any
law or regulation or undermine the trading order of digital
assets;
(2)
the User must provide truthful, up-to-date,
valid and complete information as is required by the Platform;
(3)
the User must guarantee and undertake that
the funds the User uses in trading through the Platform are from legal
sources and has not been derived from any illegal activities or
means;
(4)
the User has the obligation to maintain and
update the User profile and ensure that it is true, up-to-date, valid and
complete;
(5)
the User (whether as an individual or legal
entity) is not a resident of or registered in, any of the Restricted
Locations. For the purpose of this Agreement, “Restricted Locations” shall
include the United States, Singapore, the mainland of China and Hong Kong,
Thailand, Canada, such countries sanctioned by the Republic of Seychelles
and countries sanctioned by international laws and conventions to which the
Republic of Seychelles is a party (the list of “Restricted Locations” may be
updated from time to time at the Platform’s sole and absolute
discretion) ;
(6)
access to the Platform or utilization of
services thereof does not breach any applicable law or regulation in the
jurisdiction in which the User is residing (any laws restricting the sale,
purchase, holding, or dealing with, digital assets).
(7)
in addition to this Agreement, the User
shall also comply with all rules issued and updated by the Platform from
time to time, including announcements, product flow descriptions, Platform
project descriptions, risk alerts, inter alia.
Article
18 Unless the
information submitted by a User is obviously false, wrong and incomplete,
the Platform has the right to rely on the information provided by the
User.
Article
19 If the User
violates any of his/her/its undertakings under Article 17 of this
Agreement:
(1)
the Platform has the right to adopt such
measures as suspending the User’s account with the Platform and refusing to
allow the User to use part or all of the functions of the Platform services
(including access to the User’s digital assets). In this case, the Platform
shall not be held responsible in any manner whatsoever and the User agrees
to bear any and all direct or indirect expenses or losses arising
therefrom;
(2)
if the Platform services cannot be provided
or any error occurs in the provision of such services due to the User’s
failure to update his/her/its profile or provide the necessary information
requested by the Platform, the User may not use it as an excuse for
cancelling a transaction or refusing to pay, and the Platform shall not bear
any responsibility whatsoever; and all consequences shall be borne
exclusively by the User;
(3)
the User shall bear any and all direct or
indirect losses and adverse consequences arising from the User’s breach of
any of the undertakings; any and all illicit gains that the User may gain
from such breach shall be deducted, and the Platform reserves the right to
hold Users accountable.
Article
20 After you legally,
completely, and effectively provide all the necessary information for
registration and such information is duly verified, the registration process
is completed, upon which, you officially become a User of the Platform and
can log into the Platform as a User thereof.
Article
21 The Platform shall
have the right to terminate the registration of a User as such or terminate
the User’s access to his/her/its account with the Platform (in its sole and
absolute discretion) if the Platform finds out that the User is not suitable
for high-risk investment and/or if the Platform is of the view (in its sole
and absolute discretion) that the User has breached any of the terms of this
Agreement.
Article
22 Notwithstanding
the other terms and conditions of this Agreement, the Platform has the
discretion to determine whether a User can pass the Platform User
authentication and whether to cancel the registration of the User who has
already been authenticated. The Platform has the right to refuse to permit
or cancel the registration of any User, and has no obligation to inform the
User of the reason for rejecting the registration thereof. The Platform does
not bear any direct or indirect losses suffered by the User due to the
Platform's refusal to permit the registration of such User, and the Platform
reserves the right to hold the User accountable.
Article
23 Users register as
Users of the Platform on the basis of their free will. The Platform does not
force, induce, deceive, or otherwise exert influence on them in an unfair
manner, so that they would register with the Platform.
Chapter 4 Content of Platform
services for Registered Users
Article
24 The Platform
provides the following services to Users who have completed their
registration with the Platform:
(1)
relevant information disclosed by digital
assets projects;
(2)
real-time quotation and trading information
of various digital assets projects;
(3)
digital asset trading
services;
(4)
customer services;
(5)
technical and management services ensuring
the normal operation of the Platform;
(6)
other services publicly announced by the
Platform.
Article
25 The
Platform, as is entrusted by digital asset project owners, releases
information related to and provides matching services for transactions
in digital assets in accordance with Article 24 of this Agreement. The
Platform is only responsible for reviewing the text of information
released by the digital asset project owners, and does not guarantee or
assume any responsibility for the accuracy, completeness or legality of
such information. The Users shall make decisions based on their
independent judgment and shall engage their own advisors and/or conduct
their own research. If Users conduct digital asset transactions based on
such information, the risks arising therefrom shall be borne exclusively
by the Users themselves, and the Users have no right to propose any
legal claim to the Platform on the basis of such risks. Any dispute
between a User and the digital asset project owner arising from or
related to transaction shall be settled by and between the parties to
the dispute themselves, and the Platform shall not bear any transaction
risk or legal liability whatsoever.
Article
26 The digital asset
trading services mentioned under Article 24 of this Agreement shall include
the following:
(1)
User Accounts: a User account will be
generated upon a User’s registration with the Platform. The User account
will record the User's activities on the Platform. The above-mentioned User
account is the only account for the User to log on to the
Platform.
(2)
Digital asset trading: Users can submit
digital asset trading instructions through the Platform and trade other
digital assets with digital assets in their User accounts.
(3)
Digital assets deposit and withdrawal: a
User can transfer digital assets from other addresses to designated
addresses in the User’s account, or transfer digital assets from the User’s
account to other addresses.
(4)
Updating trading status: the User confirms
that the digital asset trading status confirmed by the User in accordance
with the Platform services procedures on the Platform will become an
irrevocable instruction for the Platform to conduct relevant transactions or
operations for the User. The User agrees that the execution time of relevant
instructions shall be based on the actual operation time of the Platform in
the Platform system. The User agrees that the Platform has the right to
handle relevant matters in accordance with this Agreement and/or the
relevant dispute resolution rules of the Platform. Any dispute or loss
caused by User’s failure to amend or confirm the transaction status, or to
submit relevant applications in a timely manner, shall be borne by the User
exclusively, and the Platform shall not bear any responsibility
whatsoever.
(5)
Transmission of trading instructions: the
Platform transmits the User’s trading instructions at the time the User
inputs the trading instructions and data. The User understands that the
Platform is the matchmaker of digital asset transactions, not a buyer or
seller participating in the transaction of digital asset transactions
itself, and that the Platform does not provide any services relating to the
deposit or withdrawal of the legal tender of any country.
(6)
Transaction inquiry: the Platform will
record all of the User's operations on the Platform, regardless of whether
the purpose of such operations is finally achieved. The User can query such
transaction records under the User’s account in real time via such User’s
account.
(7)
Transaction security settings: the Platform
has the right to carry out the settings of transaction-related matters from
time to time based on considerations of such factors as transaction
security, including transaction limits and transaction times, inter
alia. The Users understand that the aforesaid settings of the
Platform may cause certain inconveniences in trading, and the Users have no
objection thereto.
(8)
Handling of system failures: if the
Platform uncovers a handling error caused by a system failure or any other
reason, the Platform has the right to correct the error regardless of
whether it is beneficial to the Platform or its Users. Where due to such
error, the User actually receives more digital assets than the amount that
such User should have received, then regardless of the nature and reason of
the error, the Platform reserves the right to correct such improperly
executed transaction and the User shall return the overcharged digital
assets or perform other operations in accordance with the specific
requirements of the Platform's notice to the User regarding the correction
of such error. The User understands and agrees that the Platform will not
assume any losses or responsibilities caused by the aforesaid handling
error.
Article
27 Except for the
services listed under Article 24 of this Agreement and the technical
services announced by the Platform, the Platform cannot provide any
investment, legal, taxation or other professional opinions to the Users in
connection with digital asset transactions. Moreover, any information,
discussion, analysis, price and other information provided by any Platform
are general comments and do not amount to advice to the Users in connection
with any digital asset transaction. A User that needs any professional
advice should consult relevant professionals for professional advice on
investment, law, taxation or other professional advice related to digital
cash transactions. The Platform does not assume any direct or indirect
losses (including any loss of profits) caused by a User's reliance on the
above-mentioned general comments.
Article
28 The services
provided by the Platform shall not be understood or used to make offers to
Users in any country or region that determines that the services provided by
the Platform are illegal.
Article
29 Users shall
observe the following trading rules in the process of trading digital assets
using this Platform:
(1)
Browsing trading information: when browsing
trading information on the Platform, the Users should carefully read all the
content in the trading information, including price, entrusted amount,
handling fees and buying or selling direction. The Users should click on the
button to conduct transaction after fully understanding and accepting all
the content in the trading information.
(2)
Submission of entrustment: after
understanding and completely receiving all the content of the trading
information, Users can enter the digital asset trading information and
submit the transaction entrustment after confirming that the information is
correct. Upon submission of the transaction authorization to the Platform,
the User shall be deemed as having authorized the Platform to act as an
agent for the User to carry out corresponding transaction matching in
accordance with the digital asset trading information input by the User. The
User acknowledges and agrees that when there is a digital asset transaction
that meets the User's entrusted transaction price, the Platform will
automatically complete the transaction matching without notifying Users in
advance.
(3)
Inquiry of transaction details: a User can
view the corresponding transaction records of digital assets through the
transaction details in the personal account of such User.
(4)
Revocation or amendment of entrustment: the
User acknowledges that the User has the right to revoke or amend the
entrustment at any time before the digital asset transaction matching is
completed.
Article
30 The Platform has
the right to amend, suspend or permanently terminate some or all of the
services the Platform provides to a User for any of the following
reasons:
(1)
as is required by any of the laws,
regulations, rules and orders of the sovereign country or region where the
User is based;
(2)
as may be necessary for the Platform to
protect the legitimate interests of the Platform or customers
thereof;
(3)
there is any change to the trading rules of
digital assets;
(4)
any other justifiable reason.
Article
31 If the Platform
modifies, suspends or permanently terminates some or all of the services
that the Platform offers to a User based on Article 30 of this Agreement,
the effective date of such modification, suspension or termination shall be
subject to the Platform’s announcement.
Chapter 5 Fiat
Services
Article
32 The Users
understand and agree that:
(1) the Platform has engaged several payment
service providers(such as UAB Eurlita), liquidity providers and market
makers as authorized service providers to provide fiat-to-digital assets
exchange services (depending on the Users jurisdiction and the fiat currency
with the User may elect to purchase digital assets) the (respectively, the
“Exchange Service Providers” and the “Fiat Services”);
(2)
the Exchange Service Providers never
facilitate any service other than the Fiat Services;
(3)
the Platform shall have no obligation or
responsibility to the User as to the Fiat Services;
(4)
the utilization of the Fiat Services shall
be subject to the respective terms and conditions of the Exchange Service
Providers and governed in the respective jurisdiction of the Exchange
Service Providers;
(5)
the Platform retains the right to
suspend/restrict/instruct the Exchange Service Providers to restrict any
Fiat Services or impose any other measures necessary (including, without
limitation, the clawing back of funds for any outstanding fees owed to the
Platform), if the Users breach any of the terms in this Agreement or such
other terms and conditions that may be implemented on the
Platform.
Chapter 6 Account Security and
Management
Article
33 The Users
understand and agree that it is the responsibility of the Users to ensure
the confidentiality and security of their accounts and passwords. The Users
will assume full responsibility for all actions and statements made using
the Users’ accounts and passwords and agree to the following:
(1)
Users should create passwords in accordance
with relevant rules of the Platform and relevant prompts of the Platform
(passwords include but are not limited to login passwords, fund passwords,
mobile phone numbers bound when registering accounts, mobile phone
verification codes received via mobile phones, Google verification,
inter alia. Specific forms thereof may change; the same
hereinafter. They should avoid choosing overly obvious words or dates as
their passwords, such as Users' names, nicknames, birthdays, inter
alia.
(2)
The Users shall not disclose their accounts
or passwords to any other person, nor shall they use the accounts or
passwords of any other person. If the account of a User is illegally used by
any other person due to factors not attributable to the Platform, e.g,
hacking, virus or negligence on the part of the User, the Platform will not
assume any responsibility whatsoever;
(3)
the Users are prohibited from giving,
lending, renting out, transferring or otherwise disposing of the Platform
account to any third party without the consent of the
Platform;
(4)
the Platform recognizes the Users’
instructions through the Users’ accounts and passwords. The Users hereby
confirm that all their conduct on the Platform after they log into the
Platform using their accounts and passwords shall represent the Users
themselves. The electronic information records generated by the operation of
the Users’ accounts are all valid evidence of the Users’ conduct, and the
Users shall bear any and all the responsibilities arising
therefrom.
(5)
The Users shall adopt appropriate measures
to ensure the security of their accounts and passwords after the Platform
notifies the Users of foreseeable security risk.
(6)
Where any person uses the account and
password of a User without due authorization, the Platform and the legally
authorized subject reserve the right to hold the actual User jointly and
severally liable.
Article
34 If a User
discovers that a third person fraudulently uses or embezzles the User's
account and password, or such third person’s use of the User’s account
involves any absence of requisite and due authorization, the User shall
promptly notify the Platform in an effective manner and request the Platform
to suspend relevant services; otherwise all the responsibilities arising
from such use shall be borne by the User exclusively. Furthermore, the User
understands that the Platform needs a reasonable period of time to take
action on the User's request; the Platform shall not be held liable for any
loss that may arise in connection with such third person’s use of the
services before the Platform takes action.
Article
35 Where the Platform
deems on its unilateral and independent judgement that any event that
undermines the security of trading may arise, the Platform shall have the
right to suspend, interrupt or terminate all or part of the User services
(including fee-based services) provided to a User under this Agreement,
remove or delete registration information of such a User, seize illicit
profits that the User may gain, without notifying such User and without
assuming any responsibility to such User or any third party. The
aforementioned events include:
(1)
the Platform believes that the information
provided by the User is not authentic, valid or complete, e.g, where the
User registers with the Platform on the basis of identity information of any
other person that the User uses without due authorization, or the
information provided by the User for verification is inconsistent with
relevant facts;
(2)
the Platform uncovers any abnormal
transaction by the User or any transaction by the User is suspicious or may
be illegal;
(3)
the Platform believes that the User’s
account is suspected of being involved in money laundering, cash-out,
pyramid selling, fraudulent use or other situations that the Platform
believes are risky or unlawful;
(4)
the Platform discovers that the User uses
any illegal or improper technical means to engage in any activity that
endangers the security of trading or affects fair trading, including
tampering with transaction data, stealing customer information, stealing
transaction data, attacking other registered accounts through the Platform,
inter alia;
(5)
the Platform believes that the User has
violated any of the rules under this Agreement or the spirit
thereof;
(6)
the User account has not been logged in or
actually used for one year in a row, or the amount of digital
assets
in the account is zero;
(7)
any other circumstances under which the
User breaches this Agreement;
(8)
other circumstances under which the
Platform, based on its sole judgment, needs to suspend, interrupt or
terminate all or part of the User services (including fee-based services)
provided to Users under this Agreement and remove or delete the registration
information on the ground of transaction security and other
reasons.
Article
36 When a User
decides to cease to use his/her/its User account, the User shall first pay
off all outstanding payables (including service fees, inter alia), then
withdraw all available digital assets (if any) from the User account that
are eligible for withdrawal, apply to the Platform for freezing the User
account, and formally cancel the User account upon approval by the
Platform.
Article
37 The User agrees
that if the identity verification procedure for his/her/its User account
fails to be completed, and the account fails to be logged into for a year in
a row, the Platform has the right to terminate the supply of User account
services without prior notice to the User, and the Platform may promptly
suspend, close or delete the User account and all relevant materials and
files in the User account.
Article
38 The User agrees
that the suspension, interruption or termination of the User's account does
not represent the termination of the User's responsibilities. The User shall
still be liable for any possible breach of agreement or damages that may
arise due to or in connection with such User’s conduct during the time when
such User uses the services provided by the Platform; furthermore, the
Platform may continue keeping relevant information of the
User.
Chapter 7 Guarantees and
Undertakings of Users
Article
39 The Users
undertake that they will never use the Platform services for any illegal
purpose or in any illegal way, and undertake to abide by the relevant laws
and regulations of the country where they are located, as well as all
international practices relating to the use of the Internet, and to abide by
all network protocols, rules and procedures related to the Platform
services.
Article
40 The Users agree
and guarantee that they will not use the Platform services to engage in any
infringement of the rights and interests of any other person or for any
illegal conduct, and they shall bear any and all legal liabilities if they
breach such guarantee. The above-mentioned infringements and conduct
include:
(1)
accessing the Platform services in the name
of any other person without being duly authorized by such
person;
(2)
engaging in any illegal transaction, such
as trafficking of firearms, narcotics, forbidden drugs, pirated software or
other prohibited items;
(3)
providing gambling information or inducing
in any manner any other person to engage in gambling;
(4)
engaging in suspected money laundering,
cash-out or pyramid selling activities;
(5)
engaging in any conduct that may result in
vulnerability to computer virus or may damage the Platform services system
or data therein;
(6)
using the Platform services system to
engage in any activity that may adversely affect the normal operation of the
Internet or mobile computer network;
(7)
maliciously interfering with the normal
proceeding of digital asset transaction and disrupting the order of digital
asset trading;
(8)
using any technical means or other means to
interfere with the normal operation of the Platform or interfering with the
use of Platform services by any other User;
(9)
maliciously defaming the goodwill of the
Platform by fabrication or exaggeration;
(10)
any other conduct that is justifiably
deemed by the Platform as inappropriate.
Article
41 The Platform
reserves the right to delete all types of information of a User in the
Platform that does not conform to legal policies or is untrue or
inappropriate on the basis of the independent judgement by the Platform,
without notifying the User and without assuming any responsibility. If the
User fails to comply with the above provisions, the Platform has the right
to take measures such as suspending or closing the User’ account on the
basis of its own independent judgement and without assuming any
responsibility.
Article
42 The User agrees
that if any third party initiates or launches any claim or demand for
compensation (including attorney fees) on the ground that the User breaches
this Agreement or violates any document that is incorporated into this
Agreement by reference and becomes a part of this Agreement, or that the
User’s use of the Platform services violates any law or infringes on any
right of the third Party, the User will indemnify and hold harmless the
Platform and affiliated parties thereof, cooperation partners, directors and
employees thereof against such claim or demand.
Article
43 The User
undertakes that the information uploaded or released by the User through the
Platform is authentic and valid, and any and all the information the User
submits to the Platform is authentic, valid, complete, detailed and
accurate. If the Platform or any other User of the Platform suffers any loss
due to the User’s breach of the above undertakings, the User will assume
corresponding liabilities.
Article
44 The Users
understand and agree that the Platform provides services to eligible Users.
The Platform does not assume any responsibility for the investment or
trading of digital assets on the Platform. The Platform cannot and does not
have the obligation to ensure the success of the Users’ investment. The
losses arising from the Users’ investment or transaction of digital assets
shall be borne by the Users exclusively, and the Platform may not be held
liable for such loss in any manner whatsoever.
Article
45 A User agrees to
take responsibilities for all activities that occur in his/her/its
registered account with the Platform (including information disclosures,
information releases, clicks to agree to various agreements, upload and
submission of various documents, clicks to agree to renew various agreements
or clicks to agree to digital cash transactions, inter alia), and during the
above-mentioned activities, if the User fails to comply with the terms and
conditions of this Agreement or the operating instructions in the trading
rules published by the Platform, the Platform shall not be held liable in
any manner whatsoever.
Article
46 The Users agree
that the Platform has the right to place various commercial advertisements
or other commercial information of any kind in various ways during the
course of providing Platform services (including placing advertisements on
any page of the Platform website), and the Users agree to accept the
commercial promotions or other relevant commercial information that the
Platform sends to the Users by email or other means.
Article
47 The Users agree
that if a User has any dispute with a project owner or any other third party
in connection with any digital asset transaction, they shall not request the
Platform to provide relevant information through channels other than
judicial or administrative channels.
Chapter 8 Service Interruption or
Failure
Article
48 The Users agree
that in view of the unique nature of the Internet, the Platform does not
guarantee that services will not be interrupted, nor does it guarantee the
timeliness and/or security of the services. If the system is unable to
operate normally due to any event, as a result of which the Users cannot use
any of the Platform services or their use of the services is adversely
affected, the Platform shall not be held responsible to the Users or any
third party. The aforesaid events include:
(1)
where the Platform system is shut down for
maintenance;
(2)
where there is any error or failure in the
telecommunication equipment, as a result of which it is impossible to
transmit data;
(3)
where the Platform services are interrupted
or delayed due to such factors as hacker attacks, technical adjustments or
failures on the party of network service providers, or website upgrades,
inter alia;
(4)
where the Platform system is unable to
function due to force majeure factors such as typhoons, earthquakes,
tsunamis, floods, power outages, wars, terrorist attacks, inter
alia.
Chapter 9 Scope and Limitation of
Responsibilities
Article
49 The Platform does
not provide any form of guarantee for any Platform services, including the
following:
(1)
Platform services will meet the needs of
Users;
(2)
Platform services will be provided in a
timely manner without any interference or error;
(3)
any products, services, information or
other materials purchased or obtained by Users through Platform services
will meet the expectations of the Users;
(4)
all information, programs, text, data and
other information contained in the Platform are completely safe and free
from interference and destruction by any malicious programs such as viruses
and Trojans;
(5)
all the calculation results of transactions
have been duly verified by the Platform; the corresponding calculation
methods will be publicized on the Platform, but the Platform cannot
guarantee that there is no error or interference in such
calculation.
Article
50 The Users
acknowledge and agree that under no circumstance will the Platform assume
responsibilities for any of the events below:
(1)
loss of the income of Users;
(2)
loss in the Users’ transaction profits or
contractual loss;
(3)
losses arising from interruption,
suspension or termination of services;
(4)
losses of expected saved transaction
cost;
(5)
losses caused by information transmission
problems;
(6)
loss of investment or trading
opportunities;
(7)
loss of goodwill or
reputation;
(8)
losses caused by loss of or damage to
data;
(9)
the cost of purchasing alternative products
or services;
(10)
any indirect, special or incidental losses
caused by infringement (including intentional infringement and negligence),
breach of agreement, or any other reason, regardless of whether such losses
are reasonably foreseeable by the Platform or not, or whether the Platform
is previously informed of the possibility of such losses.
Article
51 The Users
understand and agree that under no circumstances, shall the Platform be
required or obliged to indemnify the Users for all or part of their losses,
including (without limitation):
(1)
where the Platform reasonably believes or
suspects that Users' conduct on the Platform is illegal or
immoral.
(2)
where the Users mistakenly believe that
losses are caused by factors attributable to the Platform;
(3)
any other losses caused by factors not
attributable to the Platform.
Article
52 The quality and
content of services provided by any cooperation partner of the Platform
services shall be the responsibility of such cooperation partner itself. The
content of the Platform may involve other websites owned, controlled or
operated by third parties (hereinafter referred to as "Third-party
Websites"). The Platform cannot guarantee, and has no obligation to
guarantee the authenticity and validity of any information on the
Third-party Websites. The Users confirm to use the Third-party Website in
accordance with the service agreement of the Third-party Websites instead of
this Agreement. The Third-party Websites are neither recommended nor
introduced by the Platform. The Users shall judge the content, products,
advertisements and any other information of the Third-party Websites at
their discretion and assume the corresponding risk on their own, all of
which are not related to the Platform in any manner whatsoever. The Users
shall judge at their sole discretion any and all data that they download or
obtain by using the Platform services an assume relevant risks; any and all
damage caused by the downloaded data shall be exclusively borne by the
Users.
Article
53 The advice or
information obtained by Users from the Platform and staff thereof or through
Platform services, whether written or oral, do not constitute any guarantee
for Platform services.
Article
54 The Platform does
not guarantee the accuracy, validity, security or integrity of the external
links that it lists in order to provide convenience to the Users.
Furthermore, the Platform does not assume any responsibility for the content
on any web page that such external links may point to and that is not
actually controlled by the Platform.
Article
55 To the extent
permitted by law, the Platform shall not be held liable in any manner
whatsoever for any indirect, punitive, special and derivative losses
(including business losses, loss of profits, loss of use data or other
economic benefits) in connection with or arising from this Agreement, or
arising from using the Platform, or from using any of the information,
content, materials, products (including software) and services provided to
the Users through the Platform, or from the purchase and use of products,
regardless of how they arise, and regardless whether they arise due to any
breach of this Agreement (including any breach of the guarantees or
undertakings hereunder) or infringement. In addition, even if the exclusive
relief provided in this Agreement does not achieve its basic purpose, the
Platform shall also be excluded from any liability for the above
losses.
Article
56 Unless this
Agreement stipulates otherwise, under any circumstances, the total liability
of the Platform for breach of agreement under this Agreement shall not
exceed the total amount of service fees charged on the services provided to
the Users for the current digital asset transaction.
Article
57 Unless this
Agreement stipulates otherwise, under any and all circumstances, if a User
breaches this Agreement or any of the laws and regulations of the country
where the User is located, and consequently causes any damage to the
Platform, the User shall indemnify the Platform against any and all direct
and/or indirect losses (including litigation costs, inter
alia).
Article
58 The Users
recognize that common law remedies for breach of agreement or possible
breach of agreement may not be sufficient to cover all or part of the losses
suffered by the non-breaching party. Therefore, the Users agree that the
Platform has the right to seek injunctive remedies and all other remedies
permitted by common law or equity in the event of breach or possible breach
of agreement by the other party to this Agreement.
Article
59 The guarantees and
undertakings made by the Platform in this Agreement are the only guarantees
and representations on the basis of which the Platform provides the services
under this Agreement (hereinafter referred to as "agreement guarantees"),
and shall supersede all the guarantees and undertakings made in any other
forms and manners (hereinafter referred to as "non-agreement guarantees"),
whether the non-agreement guarantees are made in writing or orally,
explicitly or implicitly. All agreement guarantees are exclusively made only
by the Platform, and are binding on the Platform only, and are not binding
on any third party.
Article
60 Users acknowledge
and agree that the Platform does not waive any right to which the Platform
is entitled and limits, exempts or offsets the Platform's liability for
damages to the maximum extent permitted by law, even if such right is not
referred to herein.
Chapter 10 Risk
Warnings
Article
61 Users acknowledge
and agree that no transaction through the Platform is free from the
following risks, and the Platform cannot and does not have the obligation to
be responsible for the following risks:
(1)
macroeconomic risks: Users may suffer
losses due to abnormal price fluctuations arising from changes in the
macroeconomic situation;
(2)
policy risks: changes in relevant laws,
regulations, policies and rules may cause abnormal fluctuations in prices
and other areas, as a result of which the Users may suffer
losses;
(3)
default risks: Users may suffer losses due
to the inability or unwillingness of the project owner to carry out or
continue carrying out their project;
(4)
risks related to earnings: digital assets
are not issued by any financial institution or platform, and the digital
asset market is a brand new and unconfirmed market that may not generate
actual increase in earnings;
(5)
trading risks: digital assets are mainly
used by speculators, and are used relatively less in retailing and
commercial markets; the trading of digital assets involves an extremely high
level of risk because trading of digital assets goes on uninterrupted
throughout the day without any limits on the ups and downs, and therefore
prices are subject to large fluctuations caused by traders and/or global
government policies;
(6)
risks caused by force majeure
factors;
(7)
User's fault: any and all losses caused by
the Users’ fault, including loss caused by wrong decision-making, improper
operation, forgetting or revealing passwords, deciphering of passwords by
others, third-party intrusion into computer systems used by the Users, and
malicious or improper operation by a third party entrusted by the Users to
serve as their agent.
Article
62 Digital asset
transactions are extremely risky and are therefore not suitable investments
for most people. The Users know and understand that part or all of their
investment in digital asset trading may be lost, so the Users should
determine the amount of their investment or transactions based on the extent
of losses they can afford. In addition to the risks indicated under Article
61 of this Agreement, there will also be risks that cannot be predicted.
Therefore, the Users should carefully assess their financial situation and
various risks before making any decision on investment in or transaction of
digital assets. The Users shall bear any and all losses arising from their
decision, and the Platform shall not bear any responsibility for Users'
investment or trading decisions.
Article
63 In view of the
risks arising from digital asset investment or transaction, if a User has
any doubts as to such investment or transactions, the User should seek the
assistance of professional consultants prior to transaction or
investment.
Article
64 The Platform does
not provide any guarantee or condition to any User and/or any transaction,
whether express, implied or statutory. The Platform cannot and does not
attempt to control the information released by Users or project owners. The
Platform does not undertake any form of certification and authentication
services for such information. The Platform cannot fully guarantee the
authenticity, sufficiency, reliability, accuracy, integrity and validity of
all content on the Platform, and does not need to bear any legal
responsibilities arising therefrom. The Users should base their transaction
on their own independent judgment and assume full responsibility for their
own judgment.
Article
65 The Platform does
not make any express or implied guarantee for its Users to use the Platform
services, including but not limited to the applicability, absence of errors
or omissions, continuity, accuracy, reliability and suitability for a
particular purpose. Furthermore, the Platform does not make any undertaking
and guarantee in connection with the validity, accuracy, correctness,
reliability, quality, stability, integrity and timeliness of the
technologies and information involved in the services provided by the
Platform.
Article
66 Whether to log
into the Platform or use the services provided by the Platform is the
personal decision of individual Users, who shall exclusively bear any and
all risks and possible losses that may arise from such decision. The
Platform does not make any express or implied guarantee in connection with
the market, value and price of digital assets. The Users know and understand
the instability of the digital asset market. The price and value of digital
assets may fluctuate significantly or collapse at any time. Engaging in
digital asset transaction is the free choice and decision by individual
Users, who shall exclusively bear the risks and possible losses that may
arise.
Article
67 The above clauses
do not reveal all the risks and market situations that the Users may be
subject to when they engage in transactions through the Platform. Before
making a decision relating to transaction, the Users should fully understand
the relevant digital assets, adopt a cautious approach to decision-making
based on their own transaction objectives, risk tolerance capacity and asset
status, and assume all risks exclusively on their own.
Article
68 Under any and all
circumstances, the third party shall be responsible for the services that
are provided by such third party and are involved in the Users’ use of the
Platform services, and the Platform shall not bear such
responsibility.
Article
69 Any loss or
liability caused by factors attributable to a User shall be borne by such
User exclusively and the Platform shall not be held liable in any manner
whatsoever. Circumstances under which the Platform shall not be held liable
include:
(1)
where any loss or liability is caused by
the User's failure to operate in accordance with this Agreement or any rules
published by the Platform from time to time;
(2)
where any loss or liability is caused by
any uncertainty, ambiguity or incompleteness in the instruction information
sent by the User to the Platform;
(3)
where any loss or liability is caused by
insufficient balance of digital assets in the User's account;
(4)
where any losses or responsibilities is
caused by any other factor attributable to the User.
Chapter 11 Service Fees and Other
Fees
Article
70 If a User uses the
Platform services, the Platform will charge relevant Platform service fees
on the User. Each item of Platform service fee shall be subject to the
description and rates of fees listed on the Platform when the User uses the
Platform services. The Platform reserves the right to unilaterally formulate
and adjust the rates of the Platform services fees.
Article
71 The Users may have
to pay to third parties a certain third-party service fee in connection with
their use of the Platform services. For the specific rates of such
third-party service fees, please refer to relevant web pages of the
Third-party Websites, or the Platform's reminders and fee rates. The Users
agree to pay such service fees to the third parties on their own or by
entrusting the Platform or a third party designated by the Platform
according to the aforementioned rates.
Chapter 12 Termination of
Agreement
Article
72 Users have the
right to apply to the Platform for cancellation of their accounts with the
Platform at any time in accordance with the provisions of this Agreement. If
the Platform cancels the account of a User in accordance with Article 36 of
this Agreement, this Agreement will be terminated as of the date when the
Platform approves the User’s application for account
cancellation.
Article
73 Where an account
is canceled in accordance with Articles 36 and 37 of this Agreement, this
Agreement will be terminated as of the date when the Platform cancels such
User account.
Article
74 If a User deceases
or is declared dead, all the rights and obligations thereof under this
Agreement shall be borne by the successor thereof. If a User loses all or
part of his/her/its capacity for civil rights or civil conducts, the
Platform or its authorized subject has the right to dispose of the funds
related to the User's account in accordance with valid legal documents
(including effective court judgments, inter alia) or instructions from the
legal guardian of such User. If the successor or legal guardian of the User
decides to continue performing this Agreement, this Agreement shall remain
valid; otherwise, the successor or legal guardian of the User shall apply to
the Platform for cancellation of the account number in accordance with
Article 35 of this Agreement, and this Agreement shall be terminated from
the date when the Platform approves the cancellation of the account of the
User.
Article
75 The Platform shall
have the right to terminate all services of the Platform in accordance with
this Agreement. This Agreement shall terminate on the date of termination of
all services of the Platform. The withdrawal process shall be operated in
accordance with the specific provisions of the Platform
announcement.
Article
76 After the
termination of this Agreement, the Users shall have no right to require the
Platform to continue providing any services or performing any other
obligations to them, including but not limited to requiring the Platform to
retain or disclose to the User any information in their former accounts to
forward to the Users or any third party any information that they have not
read or they have sent.
Article
77 The termination of
this Agreement does not affect the non-breaching party's claim against the
breaching party that the breaching party shall be liable for breach of
agreement before the termination of other agreements, nor does it affect the
performance of the post-contractual obligations under this
Agreement.
Chapter 13 Protection and
Authorization of Personal Information
Article
78 The personal
information under Chapter 13 of this Agreement shall include the following
information:
(1)
personal registration information provided
by the Users in accordance with the requirements of the Platform when they
register accounts with the Platform or when they use the accounts, including
but not limited to telephone numbers, mailbox information, and ID card
information;
(2)
the server data in the Users’ browser that
the Platform automatically receives and records when the Users use the
Platform or access the Platform, including but not limited to IP address and
other data and web page records required by the Users;
(3)
relevant data collected by the Platform on
which Users conduct transactions on the Platform, including but not limited
to transaction records;
(4)
personal information of other Users legally
obtained by the Platform.
Article
79 Without additional
consent from the Users, the successful registration of the Users on the
Platform shall be deemed as the Users’ consent that the Platform may
collect, use or disclose the Users’ personal information, and the Users
understand and agree that the Platform may use the collected personal
information of the Users for the following purposes based on the
consideration of customizing the Platform services for the User, resolving
disputes and helping to ensure safe transactions on the
Platform:
(1)
providing Platform services to
Users;
(2)
reporting to relevant departments based on
the requirements of relevant competent departments of sovereign countries or
regions;
(3)
when the Users use the Platform services,
the Platform will use the Users’ information for legal purposes, such as
authentication, customer service, security & prevention, fraud
monitoring, marketing, archiving and backup, or for cooperation with third
parties to promote websites to ensure the security of products and services
provided by the Platform to the Users;
(4)
to assist the Platform in designing new
products and services and in collecting and sorting out information to
improve the existing service objectives of the Platform;
(5)
in order to ensure that the Users
understand the specific conditions of the Platform services, Users agree
that the Platform will send them marketing campaign notices, commercial
electronic information and advertising related to the Users, instead of
generally placed advertisements;
(6)
the Platform transfers or discloses the
Users’ information to any unrelated third party in order to complete merger,
demerger, acquisition or asset transfer;
(7)
to complete software certification or
management software upgrade;
(8)
to invite Users to participate in surveys
about relevant Platform services;
(9)
to be used in data analysis for cooperation
with government agencies, public affairs agencies, associations, inter
alia;
(10)
to be used to resolve disputes or mediate
in disputes;
(11)
to be used for all other legitimate
purposes and other purposes authorized by the Users.
Article
80 The Platform
automatically tracks certain information on Users in connection with their
conduct on the Platform. On the precondition of not disclosing the Users’
privacy, the Platform has the right to analyze the entire User database and
make commercial use of the User database.
Article
81 The Users agree
that the Platform can use data collection devices such as "cookies" on some
web pages of the Platform.
Article
82 The Platform shall
protect the Users' data in accordance with relevant laws and regulations.
The information provided to the Platform by the Users in connection with the
performance of this Agreement may not be sold maliciously or shared with any
third party free of charge, except for under the following
circumstances:
(1)
suppliers that provide independent services
and only require information related to and necessary for the
services;
(2)
government departments or other
institutions that have legal access to information and retrieve information
through legal channels;
(3)
affiliated companies of the
Platform;
(4)
third parties approved by the Platform
Users or the authorized representative of the Platform Users.
Article
83 The User shall
authorize the Platform, unless the law requires otherwise, to use the
information provided by Users to the Platform, the information generated
through using the Platform’s services (including the information provided
and generated prior to the signing of this Agreement) and the information
queried and collected by the Platform in accordance with this Article, to
provide services, recommend products, carry out market research and
information data analysis for Users by the Platform and its partners
entrusted in connection with the services.
Article
84 Unless the law
requires otherwise, the User shall authorize the Platform, for the purpose
of providing better services and products to the Users, to inquire and
collect User information and provide such information to partners with which
the Platform cooperates as may be necessary for the services.
Article
85 In order to ensure
the safety of User information, the Platform and its partners are obligated
to keep confidential the above information and take various measures to
ensure the safety of the information.
Article
86 The provisions
under chapter 13 of this Agreement shall come into effect upon the signing
of this Agreement, have independent legal effect, and may not be affected by
the formation of the contract or the change of its effective
status.
Chapter 14 Protection of
Intellectual Property
Article
87 Intellectual
property rights, including trademark rights, patent rights, copyrights,
trade secrets, and so on, to all the content on the platform, including
works, pictures, archives, information, materials, platform architecture,
the arrangement of the platform screen, platform design, text and graphics,
software compilation, the relevant source code and software, are legally
owned by the Platform or other rights-holders.
Article
88 Without the
written consent of the Platform or other rights holders, no one is allowed
to use, modify, copy, publicly disseminate, change, distribute, release or
publicly publish the Platform program or content without due
authorization.
Article
89 The Users are not
allowed to download (except for web page caches) or modify the Platform or
any part thereof without the explicit written consent of the Platform. The
Users are not allowed to resell or make commercial use of the Platform or
any of content thereof; the Users may not: collect and use product
catalogues, descriptions and prices, make any derivatives of the Platform or
content thereof; download or copy account information or use any data
collection robots or similar data collection and extraction tools for other
commercial interests. Without the written permission of the Platform, it is
strictly prohibited to systematically obtain the content of the Platform to
directly or indirectly create or edit collections, compilations, databases,
or personal name and address records (whether or not through robots,
spiders, automatic instruments, or manual operations). In addition, it is
strictly prohibited to use the content and materials on the Platform for any
purpose that is not explicitly permitted by the terms of use.
Article
90 Without the
explicit written consent of the Platform, the Platform website or any part
thereof may not be copied, photocopied, duplicated, sold, resold, accessed
or otherwise used for any commercial purpose. Without the explicit written
consent of the Platform, the Users are not allowed to use any technique to
acquire any of the trademarks, logos or other proprietary information
(including images, text, web designs or forms) of the Platform or affiliated
companies thereof. Without the explicit written consent of the Platform,
Users are not allowed to use the name or trademark of the Platform or
affiliated companies thereof in the form of meta tags or any other "hidden
text". Any such unauthorized use will result in termination of the permit or
license granted by the Platform.
Article
91 Neither the Users’
logging into the Platform nor their use of any service provided by the
Platform shall be deemed as the transfer of any intellectual property rights
from the Platform to Users. The Users are subject to the obligation to
respect intellectual property rights, and should the Users infringe on any
of the intellectual property rights, the User shall bear legal liabilities
to the Platform, including indemnifying the Platform against damages that
may arise therefrom.
Chapter 15 General
Provisions
Article
92 This Agreement is
jointly signed by the Users and the Platform and is applicable to all
activities of the Users on the Platform. The content of this Agreement
includes the terms and conditions of the main body of the Agreement and
various rules that have been issued or may be issued in the future. All the
terms, conditions, and rules are an integral part of this Agreement and
shall have the same legal effect as the main body of this
Agreement.
Article
93 If any term or
condition of this Agreement is deemed to be unenforceable, invalid or
illegal by any competent authority, the validity of the other terms and
conditions of this Agreement shall not be affected.
Article
94 The rights and
obligations agreed on in this Agreement shall also be binding on the
transferees, heirs, executors and administrators of all parties hereto that
have obtained benefits from the rights and obligations through transfer or
assignment of such rights and obligations. The Users may not transfer their
rights or obligations under this Agreement to any third party without the
consent of the Platform, but the Platform may transfer its rights and
obligations under this Agreement to any third party at any time, with a
notice to the Users thirty (30) days prior to the transfer.
Article
95 If any term or
condition in this Agreement becomes totally or partially invalid or
unenforceable for any reason, it shall be deemed that the term or condition
can be separated from this Agreement and replaced by a new and effective
term or condition that is as close as possible to the intentions of the
parties and that can preserve the economic purposes required by this
Agreement. Moreover, in this case, the other terms and conditions of this
Agreement shall remain fully valid and binding.
Article
96 Unless it is
otherwise agreed in this Agreement, nothing in this Agreement shall be
deemed to have created, implied or otherwise treated the Platform as an
agent, trustee or other representative of the Users.
Article
97 The failure of
either party hereto to exercise any of the rights thereof hereunder or seek
remedies in connection with a single event does not affect the subsequent
exercise of such rights or seeking of remedies in connection with such event
or other events.
Article
98 Waiver of breach
of agreement or waiver of any term or condition of this Agreement shall take
effect only after the non-breaching party or the party that does not seek
such waiver signs in writing to agree to the waiver. Any waiver of breach of
agreement under this Agreement cannot be deemed or interpreted as an
exemption of the non-breaching party from any subsequent breach of agreement
or other breach of agreement. Failure to exercise any right or remedy shall
not be construed as a waiver of such right or remedy in any
way.
Article 99 In
executing this Agreement, the User agrees that all of the activities that
the Platform conducts with the User takes place within the Republic of
Seychelles, regardless of the physical location at the time the User uses
the Platform or otherwise engages with Platform. This means that the User
agrees that the parties activities are subject only to the laws of
Seychelles and not to the laws of any other country in which the User may be
physically present at any given time, and therefore that any redress the
User may seek from the Platform in any circumstances must be sought under
Seychelles law. However, the User agrees to comply with all relevant laws
and regulations that may apply to Users’ application of the Platform in any
jurisdiction in which the User may be located.
Article 100 The
Platform is not offering its services outside the Republic of Seychelles.
However, a User does not need to be resident in the Seychelles to be
eligible to utilize the services of the Platform. Foreign Users themselves
are wholly responsible for complying with all laws in their respective
country of residence or from which they may access the Platform and the
Platform accepts no responsibility for any breach of any local laws. Where a
jurisdiction has relevant laws which regulate digital asset trading, no
offer to provide Platform services is made to such foreign Users where it
would constitute a breach of any law or require any filing, registration or
approval with any competent authority.
Article 101 This
Agreement is concluded in accordance with the laws of the Republic of
Seychelles, and its establishment, interpretation, content and performance
shall be governed by the relevant laws and regulations of the Republic of
Seychelles. Any claim or lawsuit arising out of or in connection with this
Agreement shall be interpreted and enforced by the laws of the Republic of
Seychelles.
Article
102 Unless otherwise
agreed by other rules under this Agreement, both parties agree that any
claims or lawsuits arising from or related to this Agreement shall be
submitted to the Singapore International Arbitration Commission for
arbitration.
Article
103 This Agreement
shall enter into force when the Users obtain their account with this
Website, and shall be binding on the Users and this Platform.
Article
104 The ultimate
power to interpret this Agreement shall be vested in this
Platform.