TERMS AND CONDITIONS
Last update: 25 June 2019
These Terms and Conditions (“Terms” or the “Agreement”) apply to all United States based Users that access and use of any services made available by Go Exchange LLC (“we”, “us” or the “Exchange”) on our website (https://go.exchange/), mobile application and other related services provided by us (“Platform”).
By registering, accessing and using our Platform and our Service (as prescribed below), you (“User” or “you”) have agreed and will be deemed to have agreed to the Terms and any amendment thereof.
By accepting this Agreement electronically (for example, clicking “I Agree”), accessing or using the Services, purchasing Services, registering for an account with us, you are accepting and agreeing to this Agreement and the policies and guidelines referenced in this Agreement. If you do not agree to this Agreement, then you may not use the Services.
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS, RATHER THAN JURY TRIALS OR RESOLUTION BY CLASS ACTION, AS FURTHER DESCRIBED IN SECTION 13.
The value of Digital Assets can go up or down and there can be a substantial risk that you lose money buying, selling, holding, or investing in digital currencies.
You should carefully consider whether trading or holding Digital Assets is suitable for you in light of your financial condition. Go Exchange LLC is not registered with the U.S. Securities and Exchange Commission and does not offer securities services in the United States or to U.S.
- Our Service
We own the online Platform which facilitates our users to exchange one type of digital asset into another (i.e. crypto to crypto trading platform) including certain cryptographic currencies, cryptographic tokens and any other digital assets not considered securities in the United States and available to trade online on our Platform as may be solely determined by us from time to time (the “Digital Assets”) and such aforementioned services in connection with the Digital Assets described hereinafter, the “Services”). We do not offer any services relating to fiat transactions (both cash/money in exchange for any Digital Assets and vice versa).
For clarity, we act merely as an intermediary platform for users wishing to sell or purchase the Digital Assets.
- Eligibility of Users
We provide our Service to both individual and corporate users in the United States.
- Individual Users: In case of individual user, we intend to provide our Service to an individual who is at least 18 years of age or more (or of legal age under other applicable laws).
The User represents and warrants that he/she (a) is of legal age to execute and have full power and capacity to agree to and be bound by these Terms, (b) has not previously been suspended or rejected from using our Service, and (c) has not been sanctioned or restricted to use or transact through our Service or under any sanction list of any government or international organization.
- Corporate Users: In case of a corporate user, the User must be duly registered/incorporated and in good standing under the laws of the country where it is established.
The User represents and warrants that:
- it has full power and authority to enter into these Terms, to perform its obligations hereunder and to consummate the transactions contemplated on its respective parts;
- it has been duly authorized and approved by all required corporate action under its constitutional documents and applicable laws;
- these Terms are valid and binding obligations of the User and enforceable against the User;
- the Service provided for herein has not conflicted with or resulted in a breach of any agreement, instrument, or any documents to which the User is a party or by which it is bound by or to which it is subject or constituted a default under any such agreement or instrument;
- it has not breached any agreement which it has entered into with any third party; and
- it has not been sanctioned or restricted to use or transact through our Service or under any sanction list of any government or international organization.
- Account Registration
We will authorize the User to access and use our Service via our Platform, provided that the User has created and registered its/his own online account on the Platform (“Account”) and provided us with requested information specifically used for identity verification and for detection of money laundering, terrorist financing, proliferation of weapons of mass destruction financing and other financial crimes on our Platform.
In addition to providing this information, to facilitate compliance with global industry standards for data retention, you agree to permit us to keep a record of such information for the lifetime of your account plus 5 years beyond account closing. This data is retained for the purposes of compliance with anti-money laundering regulations as well as obligations pertaining to judicial action. You also authorise us to make inquiries, either directly or through third parties, that are deemed necessary to verify your identity or to protect you and/or us against financial crimes such as fraud.
The User represents and warrants that they shall provide the accurate, complete and true information and procure that the information given to us is up-to-date, and promptly update such information when certain changes occurred.
However, we reserve our right to reject an Account registration and refuse to provide our Service to disqualified users as we deem appropriate. In this regard, we do not have any obligation to notify such disqualified users of the reasons of such rejection or refusal.
- Account Security
- User’s Action: You represent that you shall securely maintain the Account, protect and keep confidence of any personal information including login credentials, addresses, keys and passwords, and not allow any person to access, trade or transact through your Account. We strongly recommend that the User create a strong password and enable any security tool for your own safety precaution to protect its/his/her Account and personal information.
The User agrees that it/he/she (a) will notify us as soon as practicable if the User is aware of unauthorized use or access to your Account, login credentials, addresses, keys or passwords by any person or of any violation of our security rules and guidance and (b) will log out from the Platform after his/her access to the Platform or completion of transaction.
- Our Action: Security for the use of our Service on any Platform is our priority. We develop and implement high-level standard of security in relation to trading transactions executed by you on our Platform and maintaining the funds entrusted in the User’s Account opened with us.
We are not and shall not be liable for any loss or damage suffered by the user due to the User’s non-compliance with or breach of our account security provision or for unauthorized, mistaken, or accidental transfers. If you mistakenly or accidentally transfer Digital Assets, or if an unauthorized transfer occurs or you believe your account has been compromised, you must notify us immediately. We will investigate your claim, determine the proper course of action, and notify you as appropriate. Pending completion of the investigation, we may temporarily block access to your account, require you to reset your password, or take other action as appropriate.
- Use of Account & Execution of Transaction
After you have successfully registered your account, you are enabled to sell, purchase, exchange or trade any of the Digital Assets which are authorized, at our sole discretion, to be transacted on the Platform.
- Account Funding: Prior to transacting of the Digital Assets on the Platform, you must transfer or load your Digital Assets supported by our Service into your Account. Our Service includes creating you a digital wallet which is associated with your Account and will generate one or more addresses to which the Digital Assets may be transferred from an account, digital wallet or address hosted and controlled by other service providers (“External Account”). We may request that you verify your control over the External Account to our satisfaction before entitling you to transfer or loading of the Digital Assets from such External Account to your Account.
- Execution of Transaction: You must ensure that your Account contains sufficient value (including our fees) to complete the any trade order or transaction available on the Platform and that the requested trade orders you have made through our Services are complete and accurate. We will match your trade orders with any open orders of other users and will execute the trade if all or any portion of your trade orders matches with that of other users. The balance in your Account will be real-time updated to reflect the execution of trade orders.
We may cancel the entire trade orders and/or transactions or proceed with partial trade orders or transactions using the amount of funds remaining in your Account less fees applied to the execution of trade orders or transactions.
- Cancellation: You may cancel your trade orders only before we execute the transaction. Upon execution of your trade orders, you cannot change, withdraw or cancel your authorization that you requested us to execute the transactions. Therefore, we once again require you to check the information and details of your trade orders before authorizing us to execute.
- Withdrawal: You may periodically withdraw the funds or Digital Assets remained in your Account to the External Account. We may request that you verify the External Account to which your funds or Digital Assets in your Account will be transferred. Upon your authorization completed through our Platform, we will transfer the Digital Assets in your Account to the External Account. Please note that we cannot reverse any transfer and will not be liable or responsible for any damage suffered by you in relation to your incorrect, improper, error or incomplete instructions. We reserve our right to limit on the withdrawal amount that you can daily or periodically withdraw due to applicable laws or our internal policy as we deem appropriate.
- Non-Supported Digital Assets. Please be cautioned that transferring or loading of the any non-supported Digital Assets on the Platform may result in total or partial loss of your Digital Assets and that we have no liability or responsibility to compensate you with such loss. THE EXCHANGE WILL HAVE NO RESPONSIBILITY OR LIABILITY IF YOU LOSE, BURN, OR OTHERWISE CANNOT ACCESS OR CONTROL ANY DIGITAL ASSET OR ANY DIGITAL ASSET THAT WE DO NOT SUPPORT.
- Advanced Protocols. Unless specifically announced on our website or through some other official public statement of the Exchange, we do not support metacoins, colored coins, side chains, or other derivative, enhanced, or forked protocols, tokens, or coins which supplement or interact with a Digital Asset supported by the Platform (collectively, “Advanced Protocols”). Do not use your Account to attempt to receive, request, send, store, or engage in any other type of transaction involving Advanced Protocols. The Platform is not configured to detect and/or secure Advanced Protocol transactions and assumes absolutely no responsibility whatsoever in respect to Advanced Protocols.
- Operation of Digital Asset Protocols. We do not own or control the underlying software protocols which govern the operation of Digital Assets supported on our platform. As a general matter, the underlying protocols are open source, and anyone can use, copy, modify, and distribute them. By using the Platform, you acknowledge and agree (i) that the Exchange is not responsible for operation of the underlying protocols and that the Exchange makes no guarantee of their functionality, security, or availability; and (ii) that the underlying protocols are subject to sudden changes in their respective operating rules (also referred to as “forks”), and that such forks may materially affect the value, function, and/or even the name of the Digital Asset you store in the External Account. In the event of a fork, you agree that we may temporarily suspend Platform operations (with or without advance notice to you) and that we may, in our sole discretion, decide whether or not to support (or cease supporting) either branch of the forked protocol entirely. You acknowledge and agree that we assume absolutely no responsibility whatsoever in respect of an unsupported branch of a forked protocol.
- Fees: You are subject to our fees published on our Platform for use of our Service. We may from time to time at our sole discretion amend our fee charged on our provision of Service. We will notify you on our Platform on such fee update and the effective date on which such updated fee will be applied to the User. You acknowledge and agree that such fees shall be automatically deducted from your Account simultaneously with our execution of your trade orders. In addition, you shall be solely responsible for any applicable fees for use of the External Account.
- Taxes: You are responsible to comply with all applicable laws in connection with your trading activities or using of our Service including proceeding with tax filing and tax payment to any tax authority. We are not responsible to give you any advice or determine on any matters related to your obligations regarding tax imposition, reporting, withholding or any other duties whatsoever.
- Restricted and Unacceptable Use of Service: You will not and will not induce any person to:
- use the Service in any manner that could disrupt, interfere with, negatively impact, impair or create any damage, directly or indirectly, to any function or system of our Service, or that could inhibit other users from using our Services;
- use the Service to pay for, support, or engage in gambling activities, fraud, money-laundering, terrorist financing, proliferation of weapons of mass destruction financing or other illegal activities;
- use or attempt to use other person’s account without authorization;
- violate any law, regulation, any third-party’s right or commit illegal act while using the Service;
- introduce to our Platform or Service of any malware, virus, trojan worms, logic bombs, or other harmful material, or use any technology, equipment or any automated system not authorized by us to access the Service, any information on our Platform;
- attempt to circumvent any content filtering techniques which are employed by us, or attempt to access function of our Platform or Service that you are not authorized to access;
- post or attempt to post any content or communications that are or likely to be libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or any contents, information or promotions not authorized by us or breached any person’s rights;
- proceed with or attempt to proceed with any other activities similar to the above or any other actions which cause or may cause any damage to us, to the Service or our Platform.
- Limitation of Liability
- We provide our Service at an as-is and as-available basis. We, to the extent permitted by the applicable laws, disclaim and waive any kind of warranties whether express or implied including but not limited to the Service’s merchantability, fitness for particular purpose, reliability, stability, accuracy and completeness of technology, materials and information used or published on our Platform.
You acknowledge and agree that we (including our affiliates and group companies, directors, shareholders, members, employees, agents, contractors, licensors, consultants and attorneys) shall not be liable for any of your loss or damage of any kind including loss of use, loss of data or loss of profits whether caused by contractual relationship or tort (including intentional and negligent act) or otherwise arising out of or in connection with the use of or inability to use our Service or our Platform, our materials or use of your information or any mistakes, omissions, interruptions, deletion of files or email, errors, defects, malfunction, or delay in operation, transmission of orders or failure to perform any Service whether the aforementioned circumstances caused by any force majeure event, communication failure, theft, destruction or unauthorized access to the Account, Platform or any function of our Service.
- We are and will not be responsible for any loss, damage or any consequences resulting from your failure, intentionally or negligently, to comply with these Terms.
- To the maximum extent permitted by the applicable laws, in no event shall our aggregate liability whether related to contractual relationship, warranty, tort, product liability or others under these Terms shall exceed the fee which you paid us during the 12 months period preceding the date of any claim.
- Release of the Exchange; Indemnification
If you have a dispute with one or more users of the Platform or the Services, you release the Exchange, its affiliates and service providers, and each of their respective officers, directors, agents, joint venturers, employees and representatives from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. You agree to defend, indemnify and hold us (including our affiliates and group companies, directors, shareholders, members, employees, agents, contractors, licensors, consultants, attorneys) and service providers, and each of their respective officers, directors, agents, joint venturers, employees and representatives harmless from any claim, demand, action, damage, loss, cost, fee, expense (including any attorney fees) arising from or relating to:
- your use (including restricted and unacceptable use) of our Service;
- your breach or non-compliance with these Terms or any applicable laws;
- any unauthorized access to your Account;
- your violation of any rights or assets of any person.
- Proprietary Rights
We are the sole owner of the Service, Platform and all technology, contents, materials used or published on any Platform or in connection with the Service including all kind of intellectual property rights, name or logos (“Property”). You may only use any of our Property to the extent permitted by us by written authorisation.
- Termination of Service
- Voluntary Termination: You may request by contacting us declaring your intention to permanently cease to use our Service and remove any of your personal information, but always subject to our legal obligation to retain certain information as arising from applicable law..
- Termination Consequences: In any termination event (voluntary or involuntary termination), you shall be subject to pay us any outstanding charges, fees or other monies you owed us (if any). After you have paid all such mentioned outstanding amounts (if any), we allow you to withdraw any funds from your Account. However, you shall proceed with the withdrawal within 15 days from the date of termination. Late withdrawal may result that you lose any amount or Digital Assets from your Account which we will not be liable for such loss.
We may from time to time and at our sole discretion amend these Terms. We will notify you on our Platform and the effective date of such amendment. If you opt not to accept the amendment, you will not be able to continue using our Service on any Platform. Clause 9.3 shall apply to your Account.
- Complaint and Feedback
If you have any complaints, feedback or questions in relation to our Service and our Platform, please submit those to [email protected]. When you contact us please provide us with your name, address, and any other information we may need to identify you, your Account, and the transaction on which you have feedback, questions, or complaints. We will reach out to you as soon as practicable to resolve them for you.
- Governing Law & Dispute Resolution
13.1 Contact the Exchange. If you have feedback, or general questions, contact us via [email protected] When you contact us please provide us with your name, address, and any other information we may need to identify you, your Account(s), and the transaction on which you have feedback or questions.
The Exchange requires that all legal documents be served on our registered agent for service of process at 65 Broadway, Suite 750, New York, NY 10006.
Please note that our registered agent will accept service only if the entity identified as the recipient of the document is identical to the entity listed above. By accepting service of a legal document, the Exchange does not waive any objections we may have and may raise in response to such document.
13.2 Complaint Process. If you have a dispute with the Exchange (a “Complaint”), you agree to contact the Exchange through our support team to attempt to resolve any such dispute amicably. If we cannot resolve the dispute through the support team, you and we agree to use the Formal Complaint Process set forth below. You agree to use this process before filing any arbitration claim or small claims action. If you do not follow the procedures set out in this Section before filing an arbitration claim or suit in small claims court, we shall have the right to ask the arbitrator or small claims court to dismiss your filing unless and until you complete the following steps.
13.3 Procedural Steps. In the event that your dispute with the Exchange is not resolved through your contact with the support team, you agree to use our Complaint form to describe your Complaint, how you would like us to resolve the Complaint, and any other information related to your dispute that you believe to be relevant. The Complaint form can be found on the Exchange support pages, https://support.go.exchange/hc/.
13.4 Exchange Response. We will acknowledge receipt of your Complaint form after you submit it. A customer relations agent ("Agent") will review your Complaint. The Agent will evaluate your
Complaint based on the information you have provided and information in the possession of the Exchange.
Within 15 business days of our receipt of your Complaint form, the Agent will address the issues raised in your Complaint form by sending you an e-mail ("Resolution Notice") in which the Agent will: (i) offer to resolve your complaint in the way you requested; (ii) make a determination rejecting your Complaint and set out the reasons for the rejection; or (iii) offer to resolve your Complaint with an alternative solution. In exceptional circumstances, if the Agent is unable to respond to your Complaint within 15 business days for reasons beyond the Exchange’s control, the Agent will send you a communication indicating the reasons for any delay in answering your Complaint, and specifying the deadline by which the Agent will respond to your Complaint, which will be no later than 35 business days from our receipt of your Complaint form.
13.5 Arbitration; Waiver of Class Action. If we cannot resolve the dispute through the
Complaint Process, you and we agree that any dispute arising out of or relating to this Agreement or the Services, including, without limitation, federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation, or any other legal theory, shall be resolved through binding arbitration, on an individual basis (the “Arbitration Agreement”). Subject to applicable jurisdictional requirements, you may elect to pursue your claim in your local small claims court rather than through arbitration so long as your matter remains in small claims court and proceeds only on an individual (non-class and non-representative) basis. Arbitration shall be conducted in accordance with the American Arbitration Association's rules for arbitration of consumer-related disputes (accessible at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf).
This Arbitration Agreement includes, without limitation, disputes arising out of or related to the
interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration
Agreement. All such matters shall be decided by an arbitrator and not by a court or judge.
CLASS ACTION WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. YOU ACKNOWLEDGE THAT, BY AGREEING TO THESE TERMS, YOU AND THE EXCHANGE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
The arbitration will be conducted by a single, neutral arbitrator and shall take place in the county or parish in which you reside, or another mutually agreeable location, in the English language. The arbitrator may award any relief that a court of competent jurisdiction could award and the arbitral decision may be enforced in any court. An arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect. At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. To the extent permitted by law, the prevailing party in any action or proceeding to enforce this Agreement, any arbitration pursuant to this Agreement, or any small claims action shall be entitled to costs and attorneys’ fees. We will pay fees or costs if required to do so by the arbitration administrator's rules or applicable law.
13.6 Each party agrees that notice of arbitration may be serviced by written notice as provided by Section 14.1.
This arbitration provision shall survive any termination of other terms.
- General Provisions
14.1 E-Sign Disclosure and Consent.
Electronic Delivery of Communications
You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, "Communications") that we provide in connection with your Account(s) and your use of Services. Communications include:
Account details, history, transaction receipts, confirmations, and any other Account or transaction information;
Legal, regulatory, and tax disclosures or statements we may be required to make available to you;
Responses to claims or customer support inquiries filed in connection with your Account.
We will provide these Communications to you by posting them on the Exchange website, emailing them to you at the primary email address listed in your Exchange profile, communicating to you via instant chat, and/or through other electronic communication.
Hardware and Software Requirements
In order to access and retain electronic Communications, you will need the following computer hardware and software:
A device with an Internet connection;
A current web browser that includes 128-bit encryption (e.g. Internet Explorer version 9.0 and
above, Firefox version 3.6 and above, Chrome version 31.0 and above, or Safari 7.0 and above)
with cookies enabled;
A valid email address (your primary email address on file with the Exchange); and sufficient storage space to save past Communications or an installed printer to print them.
How to Withdraw Your Consent
You may withdraw your consent to receive Communications electronically by contacting us at [email protected] If you fail to provide or if you withdraw your consent to receive Communications electronically, the Exchange reserves the right to immediately close your Account or charge you additional fees for paper copies.
Updating your Information
It is your responsibility to provide us with a true, accurate and complete e-mail address and your contact information, and to keep such information up to date. You understand and agree that if the Exchange sends you an electronic communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic communications, the Exchange will be deemed to have provided the communication to you.
You may update your information by logging into your account and visiting settings.
14.2 Prohibited Use. By accessing and using the Platform and any of its Services, you acknowledge and declare that you are not on any trade or economic sanctions lists, such as the United Nations Security Council Sanctions List and its equivalent. The Exchange maintains the right to select its markets and jurisdictions to operate and may restrict or deny its services to certain countries. The content of this Agreement shall not be excluded from the laws of the country under which the user belongs. The Exchange maintains its stance that prohibited users are not to use or access the Exchange and any of its Services.
14.3 Risks. You acknowledge that using the Platform, Service, Digital Assets, their networks and protocols, involves serious risks. It is your duty to learn about all the risks involved with Digital Assets, their protocols and networks. For example, the value of Digital Assets can change rapidly, increase or decrease unexpectedly, and potentially even fall to zero. The Exchange has no responsibility to alert you to all of these risks. The Exchange has no control over and makes no representations regarding the value of Digital Assets, or the security of their networks or protocols. Transactions in Digital Assets are irrevocable, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable. Additionally, the nature of Digital Assets may lead to an increased risk of fraud or cyber-attack, and the value of your Digital Assets may be irretrievably stolen.
14.4 Computer Viruses. We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from the Platform. Always log into your Account through the Platform to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
14.5 Limited License. We grant you a limited, nonexclusive, nontransferable license, subject to the terms of this Agreement, to access and use the Platform and Services, and related content, materials, information (collectively, the "Content") solely for approved purposes as permitted by us from time to time. Any other use of the Platform, Services or Content is expressly prohibited and all other right, title, and interest in the Platform or Content is exclusively the property of the Exchange and its licensors. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part. "https://go.exchange/", "Go Exchange", "GO.EX", “go.exchange" and all logos related to the Services, the Platform or displayed on the Platform are either trademarks or registered marks of the Exchange or its licensors. You may not copy, imitate or use them without our prior written consent.
14.6 Website Accuracy. Although we intend to provide accurate and timely information on the Platform, the information (including, without limitation, the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Platform are your sole responsibility and we shall have no liability for such decisions. Links to third-party materials (including without limitation websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third-party sites accessible or linked to the Platform.
14.7 Promotions. From time to time, the Exchange may make available special offers or conduct promotions for qualifying customers. Subject to applicable laws, the Exchange or the issuer of a Digital Asset subject to an offer or promotion may establish qualifying criteria to participate in any special promotion its sole discretion. The Exchange may revoke, modify or cancelany special offer at any time in its sole discretion without notice. Once a Digital Asset has been deposited in a user’s digital wallet, that Digital Asset becomes the property of the Exchange user with all applicable property rights as noted in this Agreement. The Exchange shall have no obligation to make special offers available to all customers. The Exchange makes no recommendation and does not provide any advice about the value or utility of any Digital Asset subject to a promotion.
14.8 Suspension, Termination or Cancellation. The Exchange may: (a) suspend, restrict, or terminate your access to any or all of the Services, and/or (b) deactivate or cancel your Account(s) if: (i) We are so required by a facially valid subpoena, court order, or binding order of a government authority; (ii) We reasonably suspect you of using your Account(s) in connection with a Prohibited Use; (iii) Use of your Account(s) is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Account activity; (iv) Our service partners are unable to support your use; or (v) You take any action that the Exchange deems as circumventing the Exchange’s controls, including, but not limited to, opening multiple Accounts or abusing promotions which the Exchange may offer from time to time.
If the Exchange suspends or closes your account, or terminates your use of Services for any reason, we will provide you with notice of our actions unless a court order or other legal process prohibits the Exchange from providing you with such notice. You acknowledge that the Exchange’s decision to take certain actions, including limiting access to, suspending, or closing your account, may be based on confidential criteria that are essential to the Exchange’s risk management and security protocols. You agree that the Exchange is under no obligation to disclose the details of its risk management and security procedures to you.
You will be permitted to transfer Digital Assets associated with your Account for ninety (90) days after Account deactivation or cancellation unless such transfer is otherwise prohibited (i) under the law, including but not limited to applicable sanctions programs, or (ii) by a facially valid subpoena or court order. You may cancel your Account(s) at any time by withdrawing all balances and requesting to close your account via [email protected] . You will not be charged for canceling your Account(s), although you will be required to pay any outstanding amounts owed to the Exchange. You authorize us to cancel or suspend any pending transactions at the time of cancellation.
14.9 Death of Account Holder. For security reasons, if we receive legal documentation confirming your death or other information leading us to believe you have died, we will freeze your Account and during this time, no transactions may be completed until:(i) your designated fiduciary has opened a new Account, as further described below, and the entirety of your Account has been transferred to such new account, or (ii) we have received proof in a form satisfactory to us that you have not died. If we have reason to believe you may have died but we do not have proof of your death in a form satisfactory to us, you authorize us to make inquiries, whether directly or through third parties, that we consider necessary to ascertain whether you have died. Upon receipt by us of proof satisfactory to us that you have died, the fiduciary you have designated in a valid Will or similar testamentary document will be required to open a new Account. If you have not designated a fiduciary, then we reserve the right to (i) treat as your fiduciary any person entitled to inherit your Account, as determined by us upon receipt and review of the documentation we, in our sole and absolute discretion, deem necessary or appropriate, including (but not limited to) a Will, a living trust or a Small Estate Affidavit, or (ii) require an order designating a fiduciary from a court having competent jurisdiction over your estate. In the event we determine, in our sole and absolute discretion, that there is uncertainty regarding the validity of the fiduciary designation, we reserve the right to require an order resolving such issue from a court of competent jurisdiction before taking any action relating to your Account. Pursuant to the above, the opening of a new Account by a designated fiduciary is mandatory following the death of an Account owner, and you hereby agree that your fiduciary will be required to open a new Account and provide the information required under Section 3 of this Agreement in order to gain access to the contents of your Account.
14.20 Unclaimed Property. If the Exchange is holding Digital Assets in your account, and the Exchange is unable to contact you and has no record of your use of the Services for several years, applicable law may require the Exchange to report these Digital Assets as unclaimed property to the applicable jurisdiction. If this occurs, the Exchange will try to locate you at the address shown in our records, but if the Exchange is unable to locate you, it may be required to deliver any such funds to the applicable state or jurisdiction as unclaimed property.
14.21 Relationship of the Parties. The Exchange is an independent contractor for all purposes. Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, you and the Exchange to be treated as partners, joint ventures, or otherwise as joint associates for profit, or either you or the Exchange to be treated as the agent of the other.
14.22 No Investment Advice. For the avoidance of doubt, the Exchange does not provide
investment, tax, or legal advice, nor does the Exchange broker trades on your behalf. All Exchange trades are executed automatically, based on the parameters of your order instructions and in accordance with posted trade execution procedures, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. You should consult your legal or tax professional regarding your specific situation. The Exchange may provide educational information about a supported Digital Asset, as well as Digital Assets not supported by the Exchange, in order to assist users in learning more about such Digital Assets. Information may include, but is not limited to, blog posts, articles, links to third-party content, news feeds, tutorials, and/or videos. The information provided on this website or any third-party sites does not constitute investment advice, financial advice, trading advice, or any other sort of advice, and you should not treat any of the website's content as such. The Exchange does not recommend that any Digital Asset should be bought, earned, sold, or held by you. Before making the decision to buy, sell or hold any Digital Asset, you should conduct your own due diligence and consult your financial advisors before making any investment decision. The Exchange will not be held responsible for the decisions you make to buy, sell, or hold Digital Assets based on the information provided by the Exchange.
14.23 Third-Party Applications. You grant express permission to our third party application providers to access or connect to your Account, to the extent permitted by us from time to time, either through the third party's product or service or through the Platform, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. You are fully responsible for all acts or omissions of any third party with access to your Account. Further, you acknowledge and agree that you will not hold us responsible for, and will indemnify us from, any liability arising out of or related to any act or omission of any third party with access to your Account. You may change or remove permissions granted by you to third parties with respect to your Account at any time through the Account settings page on the Platform.
Third-Party Applications: consent to anti-money laundering and know your customer checks
You expressly acknowledge, agree and grant permission to our Third-Party Applications to verify your identity for the purpose of anti-money laundering and know your customer compliance prior to using our Platform and further agree to the following:
Each time you use or access our Platform, the Services or your Account, you give your informed and unambiguous consent to allow our Third Party Applications to perform an identity information check to ensure anti-money laundering and know your customer compliance.
Withdrawal of Consent
You may withdraw your consent, to our use of any Third Party Applications to perform anti-money laundering and/or know your customer compliance at any time by notifying us at [email protected]. Provided, that such withdrawal of consent, in our sole discretion, may limit or terminate your ability to use our Platform, the Services or your Account.
The withdrawal of consent shall not affect the lawfulness of our Third Party Applications processing anti-money laundering or know your customer information based on your consent before its withdrawal.
Unless approved by a national or governmental regulatory authority or otherwise determined by our legal counsel to be required under the law, no person other than the you may be provided with a summary of the results of the anti-money laundering or known your customer check. You will not be provided with direct access to any anti-money laundering or know your customer check results.
If your identity information cannot be confirmed using Third Party Applications’ anti-money laundering or know your customer services because, for example, there is no recorded information about you or you have not given your consent to the anti-money laundering and know your customer check, then we may offer you an alternative procedure for the identity confirmation, in our sole discretion. Alternatively, you may not be allowed to use this Platform, create or access your Account or the Services.
Based on the results of your anti-money laundering and know your customer check by the Third Party Application you will be given a reasonable a reasonable opportunity to make submissions or to be heard, in our sole discretion and at all times through our email contact at [email protected].
Your Consent to the anti-money laundering and know your customer check expires (i) after processing the personal data or (ii) after 72 hours. For the avoidance of doubt, in each instance, such Consent is granted by you each time you use or access our Platform, the Services or your Account .
14.24 Assignment. You may not assign any rights and/or licenses granted under this Agreement. We reserve the right to assign our rights without restriction, including without limitation to any Platform affiliates or subsidiaries, or to any successor in interest of any business associated with the Platform. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
14.25 Severability. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.
14.26 Change of Control. In the event that the Exchange or the Platform is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.
14.27 Force Majeure. We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
14.28 English Language Controls. Notwithstanding any other provision of this Agreement, any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.