Updated on February 24 , 2020
Welcome to choose the services provided by the HUOBI-LITETrading Platform!
This Agreement is made and entered into by and between You and Huobi Lite. Upon Your accessing, use, or clicking to agree with any services offered by any relevant Website of Huobi Lite(www.huobi.com) or of ours, or by any API (if any), or mobile apps of Huobi Lite or ours, You shall be deemed as having understood and fully agreed to all provisions on the terms and conditions pages specified in this Agreement, including any and all changes, modifications or alterations that We may make to this Agreement and all new rules and regulations We may promulgate in the future from time to time and at any time (collectively referred to as “this Agreement”). If You do not agree to the terms and conditions of this Agreement, please immediately stop using the services provided by this Website or stop logging into this Website.
For the convenience of wording in this Agreement, all references herein to “We (or other applicable forms of first person plural pronouns)”, “Huobi Lite”, “the Platform” and “the Website” shall mean Huobi Global Limited .All references herein to “You” and “User” shall mean the party with whom We conclude this Agreement. For the convenience of wording in this Agreement, You and us are collectively referred to as “both parties”, and individually as “one party”.
Trading in digital assets is extremely risky and therefore not suitable for the vast majority of people. You acknowledge and understand that Your purchase, sale and holding of and investment in digital assets may be subject to significant risks due to the fact that digital assets are traded throughout the day without any limit on the rise and fall of the price thereof, and that the price thereof is subject to major fluctuations caused by the market or policies. As a result, Your investment may be partially or totally lost, and therefore You are advised to decide on the amount of Your investment on the basis of Your loss-bearing capacity. You acknowledge and understand that digital assets may generate derivative risks. Therefore, if You have any doubt, You are advised to seek assistance from a financial adviser first. Furthermore, aside from the above-mentioned risks, there may also be unpredictable risks. Therefore, You are advised to carefully consider and use clear judgment to assess Your financial position and the above-mentioned risks before making any decisions on buying and selling digital assets; any and all losses arising therefrom will be borne by You exclusively and We shall not be held liable in any manner whatsoever.
For the convenience of Users, all content on this Website is available in multiple languages. Should there be any inconsistency between different language versions of the content or should there be any omission in any language version thereof, the Chinese version of the content shall prevail.
- Application and Modification of this Agreement
- This Agreement shall apply to all covenants and relevant rules (subject to those published on the Web pages of the Services) that You need to abide by when using the LITEServices of Huobi. If Your trading services also involve the function of One-Click Trading Service, then Your specific services shall also be subject to “One-Click Trading Service Agreement ”.
2.We reserve the right to amend this Agreement from time to time, and disclose such amendment by way of announcements on the Website without sending a separate notice on Your rights to You. The date when the amendment is made will be indicated on the first page of the amended agreement. The amended agreement will take effect immediately upon announcement on this Website. You shall browse this Website from time to time and follow information on the time and content of such amendments, if any, made to this Agreement. If You do not agree with any such amendment, You shall stop using the services offered by this Website immediately; if You continue to use the services offered by this Website, it shall be deemed that You accept and agree to be bound by the amended agreement.
- User Qualification
If You need to use the services provided by this Platform, You must meet the following qualification requirements:
- Your legal age must be not less than 18 years and You must have the civil capacity necessary for accepting the terms and conditions of this Agreement.
2.You need to be located in a country or region where You can access relevant Huobi LiteServices. Please note that all or part of the Services are not available in every country or region:
(1) We do not provide the services to people located in the United States, Germany and Japan;
(2) Part of our services are not open to Users in some restricted regions. For example, Simplex or other similar partner services are not available to individual or institution customers from the following countries or regions: the Mainland of China, United States, Germany,Japan among others.
The list of regions and countries to which the services are not available may be changed at any time subject to changes in regulatory policies without prior notice and relevant sanction measures of relevant countries. Please refer to the risk reminders or access requirements displayed on relevant service interfaces. If You do not pass the authentication procedure, You will not be allowed to access any services on the Web page. If the Platform determines that You have provided false residential area description or any other false authentication material,, the Platform may immediately terminate Your right to use relevant services.
- You need to guarantee that You are not included into any trade or economic sanction list (such as any sanction list released by the UN Security Council), that You are not restricted or prohibited from participating in any relevant type of transaction by the European Union, the Office of Foreign Assets Control ("OFAC") of the US Department of the Treasury or any other administrative law enforcement agency.
- Account Registration
You must acknowledge before You register that: upon clicking on the button “Agree to Register”, it shall be deemed that You Yourself or Your authorized agent has agreed to the content of this Agreement by way of an electronic signature and to use the services of this Website. Furthermore, when You click on any other button marked with the word "Agree" or any other word(s) with a similar meaning on any specific service page during Your use of this Website or when You actually use the services provided by this Website in any other way permitted by this Website, it shall be deemed that You fully understand, agree with and accept all the terms and conditions of this Agreement. The absence of Your handwritten signature will not affect the legal binding force of this Agreement on You.
- Qualification Requirements for Registration
You confirm and promise that: when You complete the registration process or actually use the services provided by this Website in any other way permitted by this Website, You shall not only meet all the qualification requirements under Clause I, but also ensure that all the information provided during registration is true and accurate, and agree to abide by any and all relevant laws and regulations (including reporting any and all transaction profits for taxation purposes).
- Purposes of Registration
You confirm and promise that You do not register with this Website for the purpose of violating any of the applicable laws or regulations or undermining the order of digital asset transactions on this Website. Moreover, Your digital assets and the fund supporting Your purchase involved in the registered transactions under this Agreement are all Your legally-owned assets, and if necessary, the Platform has the right to require You to provide certification proving that such assets are from legal sources.
If You fail to meet the aforementioned qualification requirements, You and Your authorized agent shall bear all the consequences that may arise from such failure, and We reserve the right to cancel or permanently freeze Your account and to hold You and Your authorized agent accountable.
- Registration Process
- Registration Procedures: You agree to provide Your nationality, email address or mobile phone number, among others, in accordance with the requirements on the User registration page of this Website or the APP mobile application software, so as to register Your account with this Website.
- Identity Authentication: You agree to provide Your full real name and other requisite personal information upon registration in order to complete Your identity authentication, and in the process of post-registration services, update Your registration data continuously according to the applicable laws and regulations of relevant jurisdictions and the relevant provisions of this Platform, so as to ensure that the data meet the requirements of timeliness, completeness and accuracy. From time to time, We may require You to supplement Your existing information and provide more accurate and true information, including but not limited to copies of Your official identity certificate affixed with your photograph, video certificates, address certificates, such as rental contracts, property service bills, real estate certificates, among others, as may be necessary for our ongoing need for identity verification (such as advanced authentication as may be required by this Platform under certain conditions) and the efforts dedicated to countering money laundering, terrorist financing, fraud, or other financial crimes. All the above data originally keyed in by You will be referred to as registration materials. You shall be responsible for the authenticity, completeness and accuracy of such information, and shall bear any direct or indirect losses and adverse consequences arising therefrom. If the above related information changes, You are obligated to update it as soon as possible.
- After You provide the required registration information in a legal, complete and valid manner and such information passes relevant verification, You shall be deemed as having successfully registered Yourself as a member of this Website (hereafter referred to as “Member”) and thereafter You will obtain a membership account and a corresponding password. You shall take proper care of such membership account and password and may not lend such account to any other person. You shall be legally responsible for all activities and events carried out through Your account. You agree to assume full responsibility for any and all activities that occur under Your account, related to trading or otherwise, and bear any and all gains or losses therefrom.
- After becoming a ordinary member, You have the right to log onto this Website as a member and use the corresponding notification and management services provided by this Platform for members, i.e., You agree to receive e-mails and/or short messages sent by this Website related to the management and operation of this Website.
- Advertiser Qualification Certification
You confirm and understand that if You intend to apply to become an advertiser certified by this Platform after completing the registration as a ordinary User, You need to provide further information and materials to obtain Your advertiser qualification and obtain corresponding rights as such. Other materials and information that We may require include, but are not limited to, Your telephone number, WeChat account, Alipay account, Telegram account, proof of income, and other information and materials that We may deem as necessary and may be required by applicable laws (specific application for authentication materials shall be subject to the "Advertiser Service Agreement").
In addition, if You intend to register Yourself as a certified advertiser, some digital assets in Your account will be locked up in Your account as a security deposit, and in this case, You cannot transfer and withdraw such assets during the transaction, so as to protect the security of the transactions You participate in. You acknowledge and agree that if You, as a certified advertiser, are proved to be responsible for any damages, losses and any other payments in any transaction, for which You refuse to compensate, We can unilaterally dispose of Your security deposit to pay any damages and losses suffered by any third party therefrom and any other payments that You are required to effect under the applicable laws. After You have completed the registration as a certified advertiser, We will provide You with a special V-logo for certified advertisers, to distinguish You from other ordinary Users who have not completed the registration. You may also submit an application to the Platform to cancel Your registration as a certified advertiser. The Platform will process Your application within three(3) working days after receipt thereof. If You have no record of any pending disputes or previous negative records in connection with any third party, the Platform will unlock Your security deposit.
1.Content of Services
This Platform is dedicated to providing peer-to-peer online trading services (i.e. peer-to-peer matching services) that are intended to provide users with digital asset trading services between digital asset and Fiat currency each other by using “one –click trading services” . Users can place an order directly by clicking the Entrance of third party displayed on HUOBI LITE (i.e simplex or other similar partner)such as this Platform or any other exchange. Specifically, You can enjoy the following services on this Platform:
(1) Browse transaction information: You have the right to browse and obtain real-time information on the digital asset market, and the published transaction advertisement information on this Platform. You are advised to carefully read all the content of the transaction information, including but not limited to Type, introduction and trend chart of digital assets ,the price, consignment amount, handling fees, buying or selling directions. You cannot click on the button to submit the instructions for digital asset transactions until You fully accept all the content contained in the transaction information.
(2) Releasing transaction information: after You apply to the Platform and obtain the qualification as an advertiser and Your application passes examination and authentication by this Platform, You will have the right to directly publish transaction information on purchase and sale orders on this Platform. Although ordinary users do not have the right to publish advertisements, they can choose to submit corresponding order-placement instructions according to one–click trading service to engage in transactions of digital assets.
(3) Submit trading instructions: after browsing the published trading information and confirming that it is correct, You can choose whether to submit trading instructions through interface services such as "Optional Trading" or "One-click Trading" on the basis of a comprehensive assessment of the trading information published by the advertiser and the expected trading volume of Yourself, and complete the trading of digital assets by Yourself according to the operating prompts on relevant Web pages of the this Platform.
(4) Accessing transaction information: You have the right to view the relevant transaction information under Your membership account with this Website and apply the functions provided by this Website to carry out corresponding operations.
(5) Participation in service activities: You have the right to participate in online events organized by this Website and access the corresponding business services provided by this Website according to the activity rules, instructions and systems published by this Website. Upon Your participation in the above-mentioned events, You shall be deemed to have accepted the corresponding service rules.
(6) Update and adjustment of services: this Website may introduce other new products and services at any time according to changes to business policies,i.e :The types of digital assets or Fiat currency supported by the platform are likely to be adjusted and updated at any time, Specific service updates and adjustments shall be subject to those announced on the service pages of this Websites and those displayed on the product interface.
- Service Rules
You undertake to comply with the following service rules of this Website:
(1)You acknowledge and understand that this Platform is only intended as a platform for You to obtain digital asset information, find transaction counter-parties, engage in negotiation over and carry out transactions on the purchase and sale of digital assets. This Website does not access any fund that You use to purchase or sell digital assets. The entire process of fund transfer and payment service is entirely completed by You and the counter-party through negotiation outside the Platform. Therefore, You (especially as the payer) should be extremely cautious in judging the authenticity, legality and validity of the transaction information and shall solely bear the responsibilities and losses arising therefrom, if any.
(2) In order to create and maintain a fair and orderly transaction environment for Users, You acknowledge and agree that You should strictly follow the operation instructions and relevant rules and regulations released on this Platform in connection with operation and cooperation in the transactions, so as to avoid causing unnecessary disputes or troubles to Yourself or any other person. If You have any dispute with any other User in connection with online transactions, You shall not request this Website to provide relevant information through any channel other than judicial or administrative channels. This Platform has the right to refuse to provide You with such information (e.g. relevant information on Your counter-party) out of consideration for the protection of User privacy and data.
(3) If any dispute arises between You and any other User in connection with online transaction on this Website, and therefore it is necessary for this Platform to interfere in the process and complaint, You should comply with applicable requirements under relevant transaction rules, regulations, agreements and instructions already published by this Platform, and actively cooperate with this Platform to properly handle such complaint according to the above requirements. For example, if the User has any abnormally profitable order (or unjustifiably profitable order) due to the counter-party (e.g. the amount of payment is greater than the order amount, etc.) in the transaction, and if the beneficiary fails to return the benefit within the corresponding time limit according to the relevant rules of this platform. Upon the complaint by the injured party, this Platform has the right to intervene in the above dispute, and has the right to choose to restrict, freeze or adopt any other restrictive measure on Your beneficiary account with or without notice to the beneficiary, until You fulfill the corresponding obligation to return the benefit in question and cooperate.
(4) You acknowledge and agree that in order to jointly create and maintain a safe and reliable trading environment, You should ensure that Your fund and digital assets are obtained from legal sources. In particular, as a User, if You make cross-platform transactions without authorization, You should effectively isolate the collection and payment accounts retained with different platforms. At the same time, You should carefully judge the legitimacy of the sources of fund and digital assets introduced into the Huobi platform, and properly adopt risk prevention and control identification measures such as KYC and AML in connection with Your counter-party in the transaction.
- When You use the services hereunder, You may not engage in any illegal activity or any other activity that damages the rights and interests of this Website or any third party, such as sending or receiving information that is illegal, illicit or otherwise infringes on the rights and interests of any other person, sending or receiving pyramid scheme information or information or remarks causing other harms, unauthorized use or falsification of the email header information of this Website, or use the Services hereunder to engage in such illegal activities as money laundering or such illicit activities as undermining market order. If the Platform preliminarily determines or the relevant public authority notifies You that the transaction is suspected of money laundering or any other illegal act or omission, the Platform has the right to unilaterally restrict or freeze Your account or lodge a complaint against Your account to a public authority, inter alia.
- You shall comply with applicable laws and regulations and properly use and keep Your account with this Website and the login password thereof, password of Your financial transactions, and the mobile phone number bound with Your account that You provide upon registration of Your account, as well as the security of the verification codes received via Your mobile phone. You shall be solely responsible for any and all Your operations carried out using Your account with this Website and login password thereof, financial transaction password, verification codes sent to Your mobile phone, as well as all consequences of such operations. When You find that any of Your account with this Website, Your login password, financial transaction password, or mobile phone verification codes is used by any unauthorized third party, uncover any other problem relating to the security of Your account, You shall inform this Website in a prompt and effective manner, and request this Website to temporarily suspend the services to Your account with this Website. This Website shall have the right to take action upon Your request within a reasonable time; nonetheless, this Website does not bear any liability for the consequences that have arisen before such action is taken, including but not limited to any loss that You may sustain. You may not assign Your account with this Website to any other person by way of donation, lending, leasing, transfer or otherwise without the consent of this Website.
- You agree to take responsibility for all activities (including but not limited to information disclosure, information release, online click-approving or submission of various agreements on rules, online renewal of agreements or purchase service) using Your account and password with this Website.
- All taxes and duties payable by You as well as all fees relating to hardware, software and services that are incurred by You in the course of using the services provided by this Website shall be solely borne by You.
(9) When You access the services hereunder, You agree to accept various information services provided by us. You hereby authorize us to send business information to You via Your e-mail address, mobile phone number, postal address, among others. You can choose not to accept such information services by making relevant settings on Your Web browser.
(10) You shall abide by this Agreement and other terms of service and operating rules that this Website may release from time to time, and You have the right to terminate Your use of the services provided by this Website at any time.
- Service Fees
(1) Some services We provide to Users may be on a paid basis. If You use our services hereunder, it shall be deemed that You agree to such fees. The Platform has the right to set User service fees according to appropriate rules and set specific service fees for Users in light of the services they use.
- The Platform may modify and change the rate and payment method of the service fees hereunder as may be necessary. Before the modification and change, the Platform will notify You or announce them on the corresponding service Web page. If You do not agree with any of the above modifications and changes, You should stop using the corresponding services, but You still need to bear the fees that have been incurred by You by then.
(3) In addition, unless it is stated or agreed otherwise, the User agrees that We have the right to automatically deduct the above service fees directly from the assets of the User's account without prior notice.
- Rights and Obligations of the Parties
- Rights and Obligations of the Platform
(1) If You do not have the registration qualifications agreed on in this Agreement, this Website shall have the right to refuse to allow You to register; if You have already registered, this Website shall have the right to revoke Your membership account, and in this case, this Website reserves the right to hold You or Your authorized agent accountable. Furthermore, this Website reserves the right to decide whether to accept Your application for registration under any other circumstances.
When this Website finds out that the User of an Account is not the initial registrant of that Account, it shall have the right to suspend or terminate the User’s access to that Account.
- Where by means of technical testing or manual sampling, among others, this Website reasonably suspects that the information You provide is wrong, untrue, invalid or incomplete, this Website shall have the right to notify You to correct or update the information, or suspend or terminate its supply of the services to You.
(3) When this Website finds out that any information displayed on this Website involves any obvious error, this Website shall have the right to correct such information; this Website shall have the right to delete content and information which does not conform to any of the applicable laws and regulations or the rules of this Website at any time; this Website may exercise of this right without having to send a prior notice to You.
this Website reserves the right to modify, suspend or terminate the Services offered by this Website at any time, and the right to modify or suspend the Services without prior notice to You; if this Website terminates one or more of the Services offered by this Website, such termination by this Website will take effect on the date of announcement of such termination on the Website.
(5) this Website shall have the right to, in accordance with the applicable laws, administrative regulations, rules, orders and other regulatory documents of the sovereign country or region where You are based, require You to provide additional information or data, and to adopt reasonable measures to meet the requirements of local standards, and You have the obligation to provide proper assistance to such measures; this Website shall have the right to suspend or permanently terminate Your access to this Website as well as part or all of the services offered by this Website.
(6) when the User breaches any term or condition hereof, this Website shall have the right to directly adopt any and all necessary measures, including but not limited to deleting any content published by the User, cancel the User’s qualification as an advertiser with this Website, freeze the User’s digital assets, suspend or restrict the User’s account, cancel any illicitly gained benefits of the User, or even hold the User legally liable through legal proceedings.
(7) this Platform strictly forbids advertisers from forming private groups with Users and other advertisers to engage in any private transactions. In case of any disputes and losses arising therefrom, the advertisers or Users shall bear all the corresponding responsibilities.
(8) Both You and We acknowledge that common law remedies for breach of agreement or possible breach of contract may be insufficient to cover all the losses that We may sustain; therefore, in the event of a breach of contract or a possible breach of contract, the non-breaching party shall have the right to seek injunctive relief as well as all other remedies that are permitted under common law or equity.
- Prohibitive Obligations of the Users
(1) It is prohibited to use this Website for any illegal trading activities or illegal activities, such as money-laundering, smuggling and commercial bribery. Upon uncovering any of such illegal activities, this Website will adopt all available measures, including but not limited to freezing accounts, notifying the relevant authorities and so on, and in this case, We shall not assume any of the responsibilities arising therefrom, and reserve the right to hold the relevant persons accountable.
(2) You are not allowed to use the Platform to engage in malicious manipulation of the market, improper trading and other immoral trading activities. If any such illegal activity is uncovered, this Website will take preventive protection measures, such as warning, restricting transaction, freezing or closing down accounts against such immoral acts as malicious price manipulation and maliciously influencing the trading system. We do not assume any of the responsibilities arising therefrom and reserve the right to hold all relevant people accountable.
- In Your digital asset transactions on this Website, You may not maliciously interfere with the normal proceeding of the digital asset transaction or disrupt the transaction order; You may not use any technical means or other means to interfere with the normal operation of this Website or interfere with the other Users’ use of the services; You may not maliciously defame the business goodwill of this Website on the ground of falsified fact.
- You may not assign Your account with this Website to any other person by way of gift, lending, leasing, transfer or otherwise without the consent of this Website. If you dispose of your account without confirmation by the Platform, you shall be held liable for all activities using Your account and password with this Website.
(5) the Platform prohibits Users from engaging in trade across high-risk platforms without authorization. If the Platform or address where You want to withdraw money is identified as a high-risk platform or high-risk address by Huobi risk control unit, You should immediately stop the trade, and cooperate with the Platform's further risk control measures. If You persist in trading despite the risk warnings by the Platform, the trading risks and possible other losses arising therefrom shall be borne by You exclusively.
(6) Without the authorization or license by this Platform, the User may not engage in any commercial activities in the name of this Platform, nor is the User allowed to use this Platform as a venue, platform or medium for commercial activities in any form whatsoever.
- Users are not allowed to use the Services hereunder to engage in any illegal fund payment and settlement activities, including but not limited to illegal payment activities through illegal means such as false transactions, false pricing and transaction refund, or engage in any other activities for illegal, fraudulent or harmful purposes; or any other activities that violate any of the applicable laws and regulations in force. The User guarantees that the Platform and its management personnel, directors, shareholders, successors in interest, employees, agents, subsidiaries, affiliated companies and former operators of the Website will not be subject to any claim or any other liability brought about by any third party in connection with the User's use of the Website or the Services hereunder or any conducts related thereto; otherwise the User agrees to compensate for the losses and expenses (including attorney fees) incurred by the above parties.
(8) The Users shall abide by all laws and regulations, and bear corresponding legal consequences and responsibilities for their own acts involving this Platform and the Services hereunder. In addition, Users should not infringe on any of the legitimate rights and interests of any third party. In addition, if the Platform suffers any losses as a result, the Platform shall have the right to obtain compensation from Users through legal or other means.
- Under no circumstance will our liability for Your direct damages exceed the total cost incurred by Your three (3) months’ use of services offered by this Website.
- Should You breach this Agreement or any applicable law or administrative regulation, You shall pay to us at least US$2 million in compensation and bear all the expenses in connection with such breach (including attorney's fees, among others). If such compensation cannot cover the actual loss, You shall make up for the difference.
VIII. Limitation and Exemption of Liability
- We do not make any express or implied guarantee for the market, value and price of digital assets; You acknowledge and understand that the digital asset market is unstable, and asset prices and value are subject to major fluctuations or total loss at any time. Trading digital assets is Your personal choice and decision. Therefore, You should bear the risks and possible losses (including but not limited to investment costs, trading profits, goodwill and reputation, loss of fund expected to be saved and other opportunity costs, etc.).
- Any and all losses caused by the User's own faults or any third party shall be borne by the User solely. Such faults include but are not limited to: where the transaction is suspected to be illegal or immoral; where the User fails to operate in accordance with the trading instructions; where the User's own operation is wrong; where the User fails to carry out the transaction in time; where the User forgets or leaks the password; where the password is cracked by any other person; where the computer used by the User is invaded into by any other person; where the User’s investment fails because the User is credulous to any third party's comment; and where the User misunderstands the Services offered by this Website.
- Where you gain any improper profits through any potential and undiscovered loopholes in the Website’s transaction rules, We will contact You to recover the improper gains. You must provide us with actual cooperation; otherwise We will have the right to unilaterally take recourse measures including but not limited to restricting your account transactions, freezing your account, litigation, etc. You will also bear all the recourse cost incurred by us due to Your failure to cooperate effectively.
- For all notices sent to Users, We will deliver them through notices on our official Website, intra-website messages, e-mails, customer service calls, mobile phone short text messages or regular letters. You should be alert to any fraud by any person based on any fake contact information of ours. We will not ask the User for their password, and will not require the User to make any money transfer or payment to any trading account, virtual asset or virtual asset address that is not specified by this Website. We will not be responsible for any losses caused by Your reliance on such third-party counterfeiters. We are also not legally responsible for any activities or information obtained through channels other than ours, such as messages claiming that you have won any prize or are granted with any preferential treatment.
- We are not responsible for the failure to save, modify, delete or store the information provided by Users. Nor will We be responsible for typographical errors or omissions that are not intentionally caused by this Platform. We have the right but have no obligation to improve or correct any omission or mistake in any part of this Website.
- We will exert our best efforts to provide the Users with a safe, stable and reliable network environment, but You should understand and agree that on account of the particularity and complexity of the Internet environment, the Services We provide are provided on an “as is” basis that can be achieved on the existing technologies and conditions. Although We exert our best efforts to ensure the continuity and security of the services hereunder, We cannot fully foresee and prevent risks arising from laws, technologies, faults of third-party service providers, among others, including but not limited to force majeure, viruses, Trojan horse viruses, hacker attacks, system instability, defects of third-party services, government actions and other reasons that may lead to service interruption, data loss and other losses and risks.
We will not be liable for damages if the system platform cannot operate normally due to the following conditions, which prevent the Users from using the services hereunder or placing or withdrawing orders normally, including but not limited to: (1) the system is subject to a shutdown and maintenance period as is announced by the Platform; (2) telecommunications or network equipment problems; (3) force majeure factors such as typhoons, earthquakes, tsunamis, floods, power outages, wars, terrorist attacks, strikes, etc; (4) The interruption or delay of network and services caused by hacker attacks, computer virus invasions or attacks, technical adjustments or failures of telecommunication operators, website upgrades, banking problems, government regulations or orders, or any other third party factors; (5) losses caused by technical problems that cannot be predicted or solved by the existing technical forces in the industry; (6) losses caused to Users or other third parties due to the fault or delay of the third party.
In addition, We have the right to cancel any and all abnormal transaction results according to the actual situation and reserve the right to roll back all transactions for a certain period of time after announcement for the abnormal transaction, market interruption and other possible abnormal situations that may be caused by unexpected factors such as system failure, network failure, distributed denial of service attack (DDos) and other hacker attacks.
- We do not make any warranty and undertaking in connection with any of the information, products and business of any third party websites linked to this Website, as well as any other form of content that does not belong to us; Your use of any of the services, information, and products provided by a third party website is Your personal decision and therefore You shall assume any and all the responsibilities arising therefrom.
8.We do not make any explicit or implicit warranty regarding Your use of the Services offered by this Website, including but not limited to the applicability, freedom from error or omission, consistency, accuracy, reliability, and applicability to a specific purpose, of the services provided by this Website. Furthermore, We do not make any undertaking or guarantee in connection with the validity, accuracy, correctness, reliability, quality, stability, integrity and timeliness of the technology and information covered by the services offered by this Website. Whether to log into this Website or use the services provided by this Website is Your personal decision and therefore You shall bear all the risks and possible losses arising from such decision. We do not make any explicit or implicit warranty in connection with the market, value and price of digital assets; You understand and acknowledge that the digital asset market is unstable, that the price and value of assets may fluctuate or collapse at any time, and that the transaction of digital assets is based on Your personal free will and decision and therefore You shall assume any and all risks and losses that may possible arise therefrom.
9.The guarantees and undertakings specified in this Agreement shall be the only guarantee and statements that We make in connection with the Services provided by us under this Agreement and through this Website, and shall supersede any and all the warranties and commitments arising in any other way and manner, whether in writing or in words, express or implied. All these guarantees and statements represent only our own commitments and undertakings and do not guarantee any third party's compliance with the guarantees and commitments contained in this Agreement.
10． We do not waive any of the rights not mentioned in this Agreement and to the maximum extent permitted by the applicable law, to limit, exempt or offset our liability for damages.
11.Upon Your registration of Your account with this Website, it shall be deemed that You approve any and all operations performed by us in accordance with the rules set forth in this Agreement, and any and all risks arising from such operations shall be assumed by You.
- Termination of Agreement
- This Website shall have the right to cancel Your account with this Website in accordance with this Agreement, and this Agreement shall be terminated on the date of the cancellation of Your account.
- This Website shall have the right to terminate all Services offered by this Website to You in accordance with this Agreement, and this Agreement shall terminate on the date of termination of all services offered by this Website to You.
- After the termination of this Agreement, You do not have the right to require this Website to continue to provide You with any service or perform any other obligation, including, but not limited to, requesting this Website to keep or disclose to You any information in Your former original account, or to forward to You or any third party any information therein that is not read or sent.
- The termination of this Agreement shall not prevent the observant party from demanding the breaching party to assume other liabilities.
- All intellectual achievements included in this Website, including, but not limited to, website logos, databases, website design, text and graphics, software, photos, videos, music, sounds and any combinations of the aforementioned files, and the intellectual property rights of software compilation, associated source code and software (including small applications and scripts) shall be owned by this Website. You may not copy, modify, copy, transmit or use any of the foregoing materials or content for commercial purposes.
- All rights contained in the name of this Website (including but not limited to business goodwill and trademarks, logos) shall be owned by the Company.
- Upon accepting this Agreement, it shall be deemed that You, on the basis of Your own free will, have transferred and assigned exclusively and free of charge to this Website all copyright of any form of information that You publish on this Website, including, but not limited to copyrights, the right to distribute, lease, exhibit, broadcast, project, or disseminate such information through online, or the create any performance, video or adaptation on the basis of such information, to translate or compile such information, or other transferable rights that copyright owners are entitled to, and this Website shall have the right to sue for any infringement on such copyrights and obtain full compensation for such infringement. This Agreement shall apply to any content that is published by You on this Website and is protected by copyright law, regardless of whether the content is generated before or after the signing of this Agreement.
- You shall not illegally use or dispose of the intellectual property rights of this Website or any other person during Your use of the services offered by this Website. For any information that You publish on this Website, You may not publish or authorize other Websites (or media) to use such information in any manner whatsoever.
- Your log into this Website or use of any of the services offered by this Website shall not be deemed as our transfer of any intellectual property to You.
XIII. Transfer and Severability
- The rights and obligations agreed in this Agreement shall be equally binding on the assignees, the heirs, executors and administrators of the parties hereto who benefit from the rights and obligations. Without our consent, You may not transfer to any third party any of Your rights or obligations hereunder, provided, however, We may, at any time, assign our rights and obligations under this Agreement to any third party with thirty (30) days' notice to You.
- If any provision of this Agreement is found unenforceable, invalid or illegal by any court of competent jurisdiction, validity of the remaining provisions of this Agreement shall not be affected.
XIV No Agency
Nothing in this Agreement shall be deemed to have created any agency relationship between you and us, or explicitly or otherwise designate us as Your agent, trustee or other representative, unless it is provided otherwise in this Agreement.
Our or Your waiver of the right to hold the other party liable for breaches of agreement or any other liability as is agreed upon in this Agreement shall not be construed or deemed as a waiver of the right to hold the other party for other breaches of contract; a failure to exercise any right or remedy shall not be construed in any way as a waiver of such right or remedy.
XVI. Governing Law and Jurisdiction
The establishment, interpretation, content and enforcement of this Agreement shall be governed by the relevant laws of the country where the operator of the Platform is registered; any claims or actions arising out of or relating to the Services agreed in this Agreement shall be governed and interpreted and enforced in accordance with the laws of the Republic of Seychelles. For the avoidance of doubt, this clause shall be expressly applicable to any tort claim against us. The competent court or forum for any claim or action against us or in relation to us shall be in the Republic of Seychelles. You have unconditional access to exclusive jurisdiction in court proceedings and appeals in the court of the Republic of Seychelles. You also unconditionally agree that the venue or competent court for any dispute or problem relating to this Agreement or any claim and proceeding arising from this Agreement shall be exclusively in the Republic of Seychelles. The Doctrine of Forum Non Conveniens does not apply to the court of choice under these Terms of Service.
- If You have any questions about this Agreement, or have any complaint or opinion about the way in which any matter hereunder is handled, please contact us at: [email protected]
- The ultimate right to interpret this Agreement shall be owned by this Platform.