Effective Date: January, 2024
Thank you for visiting bitradex.com. By browsing, accessing or using bitradex.com and related application interfaces or mobile applications (the "BitradeX Platform"), you ("User" or "you") agree to these Terms of Service (these "Terms"), so please read them carefully.
1． Preface
1.1 By clicking the "Create Account" button or accessing the BitradeX platform, we may provide you with access to our trading platform through software, API (application programming interface), technology, products and/or functionality.
1.2 You agree to be legally bound by these Terms and all terms incorporated by reference. If you have any questions about these Terms or the use of the BitradeX platform, please visit the Support Center for more information. Terms that apply only to BitradeX specific users will be identified as specifically applicable terms
1.3 If you do not agree to be bound by these terms, you will not be permitted to access or use the services and must immediately leave the BitradeX platform.
1.4 We reserve the right to change or modify these terms and BitradeX any policies or guidelines on the platform at any time at our sole discretion, subject to applicable laws and regulations.
1.5 If you do not agree to be bound by any updated Terms or any other updates, your sole and exclusive remedy is to close your account within 30 days of your actual, deemed or inquired notice, and you shall only access or use the Services to the extent necessary to immediately close your account. You acknowledge that you may close your account without conducting any transactions using the Services, and that any such action is not necessary to close your account. If you do not terminate or continue to use the BitradeX platform or services after such 30-day period, you shall be deemed to have accepted the updated Terms as of the earliest date of notice.
1.6 Unless expressly stated otherwise, these Terms take precedence over any other agreement you may have with us.
1.7 Unless otherwise agreed, all formal communication with you will be conducted via email. Documents will be sent to you via email, and you should also try to send any documents to us via the same method. Visit our support center for assistance.
1.8 Unless otherwise agreed, all formal communication with you will be in English. In the event of any discrepancies between this English version of these terms or any such communication and any translated version of this
2. Scope of eligibility and prohibition for the use of our services and business
2.1 If you are a natural person, by accessing or using our Services, you represent and warrant that you are at least 18 years of age and are legally permitted to use the Services. If you access or use our Services on behalf of a legal entity (such as a corporate or institutional client), you represent and warrant that the legal entity is duly incorporated and validly in existence under the applicable laws of the jurisdiction in which it is incorporated; You have been duly authorised by the legal entity to act on its behalf; And the legal entity agrees to be liable to us if you breach these Terms; You have not previously been suspended or terminated by BitradeX for your use of the BitradeX Platform or services. You also represent and warrant that you are not on any trade or economic sanctions list of any authorized authority and that you will not transact with any person on the list, including but not limited to: Terrorism and terrorist financing - the Islamic State of Iraq and the Levant (Daesh), al-Qaida, the Taliban and associated individuals, groups, businesses and entities, any person or entity designated by the United Arab Emirates (the "Local Terrorism List"); And financing Weapons of Mass Destruction (WMD) proliferation - Democratic People's Republic of Korea: nuclear-related, other WMD related, and ballistic missile-related programs; Islamic Republic of Iran: nuclear programme; And other sanctions lists that may be issued by competent authorities, including but not limited to: sanctions lists of the United Nations Security Council, the European Union, the Monetary Authority of Singapore, the Hong Kong Monetary Authority, the Hong Kong Customs and Excise Department, or the Office of Foreign Assets Control of the United States Department of the Treasury. You agree to provide written evidence of your compliance with this Section 2.1 as soon as we request it.
2.2 We may not be able to offer all services in all markets and jurisdictions. For a complete list of these markets and jurisdictions, see section 3 of Risk and Compliance Disclosures: Regulatory Environment. The content of these Terms shall not be excluded from the laws of the User's country or region. Therefore, if you do not meet these eligibility requirements, do not use our services.
2.3 You further represent and warrant that your use of the BitradeX Platform is voluntary and not directed by other parties.
3. Prohibited business
3.1 Use of our Services for any of the following categories of activities or business (" Prohibited Business ") is prohibited, and we reserve the right to monitor your transactions or account at any time in order to enforce this Section 3.1:
(a) unlicensed money service business, including but not limited to payment service providers, the sale of money orders or cashier's checks, or any remittance activity;
(b) a bank or financial institution that does not have a physical presence in any country (" shell bank ") or engages in financial activities or services that violate or are likely to cause BitradeX or its affiliates to violate any applicable law, regulation or other legal authority;
(c) Adult content and services, including but not limited to any type of pornographic and other obscene material (including literature, images, and other media) or websites that provide any sexually-related services (such as prostitution, escorts, pay-per-view, and adult live chat features);
(d) Deceptive marketing and false advertising services;
(e) Religious and/or spiritual organizations;
(f) The unauthorized sale of weapons of any type, including but not limited to firearms, ammunition, knives, explosives, or related accessories;
(g) certain regulated products and services, including but not limited to cannabis dispensaries and related businesses; The sale of tobacco, e-cigarettes and e-liquids; Online prescription or drug services; Goods or services with age restrictions; Toxic, flammable and radioactive substances;
(h) Counterfeit drugs - companies that produce and/or sell untested or approved drugs;
(i) Drugs and drug paraphernalia, including but not limited to the sale of narcotics, controlled substances and any equipment used for the manufacture or use of drugs, such as hookahs, atomizers and hookahs;
(j) gambling activities, including but not limited to sports betting, casino games, horse racing, dog racing, lotteries, games of chance, sweepstakes, games of skill that can be classified as gambling (such as poker) or other activities that contribute to any of the above;
(k) money laundering, fraud, terrorist financing or any other type of financial crime;
(l) any type of Ponzi scheme, pyramid scheme or multi-level marketing scheme;
(m) goods or services that infringe or violate any copyright, trademark or proprietary rights under the laws of any jurisdiction;
(n) installment payment systems or annuities;
(o) counterfeit or unauthorized goods, including but not limited to the sale or resale of counterfeit or "novelty" identification documents and the sale of illegally imported or stolen goods or services;
(p) fraudulent trading, preemptive trading, insider trading, market manipulation, or other forms of market fraud or deception;
(q) Purchase of any type of goods from a hidden services marketplace or "dark web" marketplace or any other service or website that acts as a marketplace for illegal goods (even though the marketplace may also sell legal goods);
(r) any other matters, goods or services that we determine from time to time to be unacceptable or high risk, for example, may be subject to restrictions by us and your bank or payment partner;
(s) any illegal activity that may violate or contribute to the violation of any law, code, ordinance or regulation, sanctions program in force in the country in which we operate, or any other illegal activity that may involve the proceeds of any illegal activity;
(t) a shell bank or a financial institution with a shell bank client;
(u) an entity with ownership of an unnamed share;
(v) Defence industry, firearms and ammunition manufacturers;
(w) Nuclear energy;
(x) Restricted financial services, including but not limited to credit repair, debt settlement, refinancing, bail, collection agencies; or
(y) Trade or business involving ivory and protected species.
3.2 If we learn or have reason to suspect, in our sole discretion, that your account is or may be associated with any of the prohibited businesses described above, we will consider it a violation of these Terms and may immediately suspend or terminate your account, and/or block transactions or freeze your funds without notice, And we reserve the right to report any such suspicious or actually prohibited business to law enforcement agencies.
4. Our service description
4.1 We provide users with an online trading platform to hold and trade digital assets (also known as virtual financial assets, crypto tokens, digital tokens and/or cryptocurrencies) and derivatives linked to digital assets or their indices if their jurisdiction allows it. Users may withdraw their digital assets at any time upon request in accordance with these Terms.
4.2 We aim to provide users with available trading services, including:
(a) An order matching platform that automatically matches transactions of users' digital assets or products linked to digital assets according to pre-set criteria;
(b) To the extent permitted by applicable laws and regulations, we may, in our sole discretion, allow the use of security deposits when using our Services. The margin and leverage parameters allowed for each product are set by us and may be changed in our sole discretion based on actual market conditions and based on the type of service, the type of asset and the amount of collateral used in the transaction. Eligible users can select the amount of margin or leverage they wish to use within these parameters (whichever we provide). At the time of the use of margin, the User acknowledges that in any event, the use of margin and other leveraged products carries a high risk, may result in a loss greater than the value of the assets in their account, and may require the liquidation of their assets, as specified in the margin terms of each product.
(c) Other services may include, but are not limited to:
(i) C2C - peer-to-peer matching services that allow users to trade fiat and digital assets with each other.
(ii) Margin lending - lending services that allow users to borrow/lend digital assets to each other and receive rewards; and
(iii) Digital Wallet - A digital wallet that we maintain on behalf of each user, enabling each user to store any digital asset transacted through the Trading Service, or any C2C digital asset deposited or acquired by you through the C2C Platform.
4.3 Not every service provided by BitradeX is set out in these Terms. Any service may be subject to specific agreements that apply to that service. For terms of specific services, please refer to the "Product Documentation" section of this website (available here).
4.4 In general, our services help match users with other users. In certain limited circumstances, affiliates of BitradeX may conduct transactions or use other services on the BitradeX Platform on their own behalf as principals or on behalf of others. Such trading activities may include, but are not limited to, buying or selling digital assets or derivatives, placing orders to buy or sell digital assets or derivatives, acting as a market maker for certain digital assets or derivatives, and trading as a principal in digital asset transactions or derivatives. Orders submitted and transactions executed by BitradeX affiliates are no different from other transactions on the BitradeX Platform. As a result, your transactions may be matched and executed with BitradeX's affiliates. In addition, as described in these Terms, the trading activity of a BitradeX affiliate may include transactions between a BitradeX affiliate and multiple counterparties, including other users whose interests may differ. BitradeX and its affiliates are under no obligation to act solely on your behalf and assume no such liability. You agree and do not object to the trading activities of BitradeX and its affiliates, including but not limited to transactions that may be brokered and executed between you and BitradeX's affiliates, and you shall not bring claims against BitradeX and its affiliates in connection with transactions that are brokered and executed in such manner.
4.5 By agreeing to these Terms, you expressly consent to your digital assets being stored with the digital assets of other users. Users' digital assets are not protected by deposit protection or deposit insurance schemes. In the event of an inevitable loss, you may not receive some or any of the assets or funds you deposited.
4.6 You represent and warrant that you are the ultimate and valid legal beneficial owner of any digital asset transferred into your account or wallet on the BitradeX Platform and that you will not act as a proxy or trustee for any other person, You may not assign, assign, pledge, mortgage or otherwise create any security interest or liability in such digital assets.
4.7 We are not obligated to accept orders unless there are sufficient digital assets in the account available to (a) complete the settlement of the relevant order, (b) provide the margin that may be required for derivations-related transactions, and (c) pay any related fees and expenses (if applicable).
4.8 While we have taken reasonable steps to ensure the accuracy of the information on the BitradeX Platform, the information and content on the BitradeX Platform is subject to change without notice and only to assist the User in making an independent decision. We do not guarantee the accuracy, suitability, reliability, integrity, performance and/or appropriateness of any services or product content provided by the BitradeX Platform, We shall not be liable for any loss or damage, directly or indirectly, arising from the Content or your inability to access the BitradeX Platform, or for delays or failures in the transmission or reception of any instructions or notifications sent through our Platform. To the fullest extent permitted by applicable law, we are not responsible for the use or interpretation of such information.
4.9 The User must prepare the following equipment and bear the following expenses: (1) Internet access equipment, including but not limited to computers or other Internet access terminals, modems and other Internet access devices; (2) Internet access expenses, including but not limited to Internet access fees, Internet access equipment rental fees, mobile phone data charges, etc.
4.10 You hereby authorize us to send you communication information related to your account through E-mail, SMS, mobile phone notification, mailing address, etc. You can also opt out of accepting certain communication services by changing the relevant Settings on the BitradeX platform.
4.11 You acknowledge and agree that the Services provided by us are provided in accordance with current technology and conditions. Although we have made reasonable efforts to ensure the continuity and security of our services, we cannot fully anticipate and protect against legal, technical and other risks. Including but not limited to force majeure, viruses, trojans, hacker attacks, system instability, third-party service defects, government or government agency behavior and other reasons may cause service interruption, data loss and other losses and risks.
4.12 We shall not be liable for damages if the BitradeX Platform fails to operate normally and users cannot use the services or place or withdraw orders normally due to the following circumstances, including but not limited to:
(a) The system is not available during planned or unplanned system maintenance;
(b) Telecommunications or network equipment issues;
(c) Force majeure factors such as typhoons, earthquakes, tsunamis, floods, power outages, wars, terrorist attacks, and epidemics;
(d) any other problems, including hacking attacks, computer virus intrusion or outbreak, website or back office maintenance and upgrades, banking problems, government regulations or orders, freezing orders imposed by any authority, and any other problems caused by third parties; and
(e) Damages caused by third parties to Users or other third parties.
4.13 About BitradeX Services provided on the BitradeX platform:
(a) Abnormal transactions, market disruptions, and other possible anomalies that may be caused by unexpected factors such as system failures, platform system vulnerabilities, network failures, hacker attacks such as distributed denial of service attacks (DDos); Or respond to a subpoena, court order, or other government order; Or if we suspect that the transaction may: involve money laundering, terrorist financing, fraud or any other type of financial crime or prohibited activity; Is wrong; We reserve the right, in our sole discretion, to process or cancel, correct, roll back and/or cancel any digital asset transaction or transfer or cancel any abnormal transaction result, even if the funds have been deducted from your account after such occurrence. For contract transactions, C2C and margin loans, we have the right to roll back transactions as described in each user Agreement. In such case, BitradeX will cancel the transaction and deduct the corresponding digital asset from your account to cover the loss caused by the transaction, and we are not obligated to reinstate the buy and sell order at the same price or on the same terms as the cancelled transaction; And/or
(b) BitradeX strictly prohibits unfair trading practices. BitradeX reserves the right, at its sole discretion, to exercise and control your account if you engage in: (i) suspected involvement in price manipulation, insider trading, market manipulation, market distortion or any other malicious and illegal market conduct; (ii) is suspected of using a vulnerability in the Service or other unreasonable means to harm other users or BitradeX; (iii) suspected involvement in any other activity which BitradeX considers to be detrimental to the overall health of the market.
(c) In order to eliminate any adverse effects on the overall health of the market, we reserve the right to take the following actions, including, but not limited to, closing your account, restricting trades, suspending trades, canceling trades, reversing trades, rolling back trades, and/or such other actions as we deem reasonable in our sole discretion. Under no circumstances will we be liable for any loss caused to you as a result of the above measures.
4.14 We do not ask users for any passwords or keys, nor do we ask users to transfer any assets or digital assets. We are not responsible for any loss resulting from the transfer of your assets or digital assets.
4.15 The User agrees that we may, in our sole discretion, remove any digital asset from the BitradeX platform.
4.16 Regarding transaction exception processing, when using the Service, you agree and acknowledge that the Service may not be available due to digital asset network connection problems or other irresistible factors. Users ensure that the input of your information is correct, if the information error caused by BitradeX platform in the above abnormal situation occurs, we do not assume any liability for damages.
4.17 We have the right to know the real transaction background and purpose of users using our products or services. Users should truthfully provide us with the required comprehensive and accurate information. If we have reasonable grounds to suspect that a user is providing false transaction information, we have the right to temporarily or permanently restrict some or all features of the Services used by the User.
4.18 Any digital asset purchased by you using a debit or credit card will be credited to your account and our obligations in this regard will be deemed completed when your digital asset purchase is reflected in your account. We are not liable for any losses that may occur thereafter. Once deposited, you are fully responsible for managing these digital assets.
5. Transactions on the BitradeX platform
5.1 Users may purchase or sell digital assets by placing instructions (" orders ") on the BitradeX Platform.
5.2 The user must verify all transaction information before submitting an order. The User acknowledges and agrees that it is the User's sole responsibility to ensure the validity and accuracy of the order, including the details of the recipient of any asset. BitradeX is not responsible for the consequences of the user's failure to provide valid and accurate information at the time of placing an order.
5.3 The BitradeX Platform will be accessible twenty-four (24) hours a day, seven (7) days a week, and 365 (365) days a year, except for any period during which scheduled maintenance or upgrades are carried out, or if the BitradeX Platform experiences an unexpected or interruption or discontinuation beyond its control.
5.4 If BitradeX believes that the User may have violated applicable laws and regulations, BitradeX may, in its sole discretion, close the User's account without notice, or suspend the User's access to or use of the BitradeX Platform or Services, reject any order submitted, or limit the amount of transactions on the BitradeX Platform.
5.5 The User may use the BitradeX Platform for orders only if the User's account has sufficient assets to cover the order and any related charges. If the assets in the account are insufficient to complete the order on the BitradeX Platform, the user will not be able to complete the order on the BitradeX platform.
5.6 When the user places an order, the amount of the underlying asset (including any applicable fees) will be locked in the account until the order is completed, expires or cancelled. Any outstanding portion of the order will remain locked until it is closed, expires or cancelled.
5.7 The user may withdraw or cancel an order after submitting it, as long as the order has not been executed and is still awaiting confirmation from the relevant digital asset network. The digital asset that is the subject of the transaction is not reflected in the user's account, so the user cannot trade with it. The User understands and agrees that:
(a) Once the order is executed, the transaction is irreversible; and
(b) While BitradeX may, in its sole discretion, withdraw a transaction under certain exceptional circumstances (including, but not limited to, violations of applicable laws and regulations or financial crimes), the User has no right to withdraw a transaction.
5.8 BitradeX will send a confirmation to the User by email, notice or any other means of communication specified in these Terms each time the User places an order, cancels an order and partially or completely fulfills the order.
5.9 By entering into these Terms, the User acknowledges and agrees that:
(a) By trading on the BitradeX Platform, the User directs BitradeX to trade at the bid or ask price quoted on the BitradeX Platform at the time the User places the order, and the User agrees to pay any associated fees. The price of the transaction shall be the price agreed between the user and the other party to the transaction. Except as expressly provided in these Terms, BitradeX shall not be a party to the transaction or be responsible for setting or negotiating the price of the transaction. BitradeX does not guarantee the completion of any proposed purchase or sale of digital assets;
(b) BitradeX trades on the basis of price time priority;
(c) The User has the same price time priority as any other user of the BitradeX Platform;
(d) Orders submitted through the API have the same price time priority as orders received from the BitradeX platform;
(e) All completed orders are settled immediately by debiting and crediting the balance of the relevant assets in both parties' accounts. The User will receive immediate notification of its relevant transactions via the BitradeX Platform and/or by email or any other agreed means of communication, which can be queried in the User's transaction history;
(f) The API enables users to stream real-time prices to their own user interface, as well as to execute the same transactions or place the same orders available to users on the BitradeX platform;
(g) In particular for BitradeX Singapore users, the counterparty to each user transaction is BitradeX Singapore;
(h) In order to maintain a fair and orderly BitradeX platform, BitradeX may limit the number of orders allowed through the API and monitor messages through the API to:
(i) Protecting apis from denial of service attacks;
(ii) Preventing misuse of the order book;
(iii) Improving the overall trading experience of the BitradeX platform.
5.10 BitradeX may limit the number of orders placed through the User's account.
5.11 The use of the API shall be for legitimate trading purposes and any repeated violation of the order rate limit will result in BitradeX suspending or closing the User's account in accordance with this Section.
5.12 The transaction record provided by BitradeX platform is a true and accurate record of the user's transactions. It is the user's responsibility to keep abreast of any notifications relating to their transaction history and user account.
5.13 The User understands and agrees that because BitradeX's Secure Transaction protocol requires the secure storage of digital asset private keys using a combination of online and offline storage for added security, there may be delays in executing transactions on the BitradeX platform.
Scheduled maintenance time
5.14 The User agrees and understands that some or all of the Services may be temporarily unavailable during scheduled maintenance.
5.15 The maintenance pause time can be notified to users in advance by notice published on the BitradeX platform or by other means.
Suspension of service
5.16 User acknowledges and agrees that BitradeX has the right, in its sole discretion, to suspend all or part of the Services or User's access to all or part of the Services when:
(a) the User may be in breach of these Terms; or
(b) The normal operation of the BitradeX platform is threatened.
5.17 For the purposes of Article 5.16(b), the proper operation of the BitradeX Platform will be threatened if:
(a) when a computer or telecommunications network ceases to function or operate as a result of an accident;
(b) There is a force majeure event affecting the provision of services;
(c) when BitradeX's assets or users' assets or the BitradeX Platform are the subject of an attempted or actual malicious attack that may result in the theft or loss of such assets;
(d) when an event affects the proper operation of critical systems on which the BitradeX Platform relies, including pricing systems or any other systems required for the provision of services;
(e) when BitradeX suspects unauthorized use of the BitradeX Platform or violation of these Terms or applicable laws and regulations;
(f) when BitradeX, in its sole discretion, deems it necessary to conduct an investigation or ensure the proper operation of the BitradeX Platform as required by applicable laws and regulations;
(g) when BitradeX decides to stop processing a digital asset based on a hard fork resulting in a spin-off or change in the digital asset;
(h) when BitradeX believes that it is no longer possible to continue providing the Services due to changes in applicable laws and regulations, social conditions or factors beyond BitradeX's control, including but not limited to when the digital asset is no longer considered an "acceptable digital asset" by an authorized authority; or
(i) when, for any other reason, BitradeX determines in its sole discretion that suspension is necessary.
6. Risk disclosure
introduce
6.1 This Section 6 provides users with information on the risks associated with trading in digital assets and any other services offered by BitradeX. Applicants and users should read this Risk Statement carefully before applying to open accounts and execute trades. This risk statement should be read in conjunction with the Risk Disclosure and disclaimer.
6.2 This Section 6 is not intended to disclose or discuss in detail all risks associated with trading or holding digital assets or using the services offered by BitradeX. This risk statement is not exhaustive and only Outlines the general nature of the risks involved. Users should ensure that their decisions are made on a fully informed basis, and users should make their own assessment of the suitability of digital asset transactions based on their own experience, objectives, financial resources, and their specific needs and requirements.
6.3 By opening an account and transacting, the User is deemed to have reviewed, understood and accepted the risks associated with the services provided by BitradeX.
6.4 The digital asset market is very new and evolving rapidly, and the risks of trading such assets are not yet fully understood. Therefore, BitradeX may periodically update this risk statement and notify users from time to time to list other risks in digital asset transactions, but BitradeX assumes no responsibility even if a risk is not covered in the risk Statement.
6.5 The User acknowledges and agrees that it is the User's responsibility to keep up to date with updated risk statements issued by BitradeX from time to time.
Risk profile
6.6 This Risk Statement includes the following risks associated with digital asset trading, which relate to:
(a) The nature of the digital asset;
(b) the value of the digital asset and the risk of loss;
(c) past performance;
(d) Applicability;
(e) Availability of digital assets;
(f) Currency risk;
(g) The risk of financial and cybercrime;
(h) Technical risks;
(i) Legal risk;
(j) Regulatory risks;
(k) risk of stop loss;
(l) Margin and leverage.
The nature of digital assets
6.7 Digital assets are not fiat currencies, are not backed by any government, and may not be backed by any physical assets.
6.8 There can be no assurance that those who accept digital assets as a method of payment or store of value will continue to do so in the future.
6.9 Digital assets are often seen as a high-risk asset class. Therefore, you must exercise careful judgment when trading digital assets (and any other asset).
6.10 The nature of digital assets can be very complex and their terms, characteristics and/or risks may not be easily or fully understood due to their complex structure, novelty and reliance on technical features.
The value of digital assets and the risk of loss
6.11 Investing in digital assets carries a high risk and therefore may not be suitable for all investors. If users are seeking a regular or low-risk return on their invested capital, they should not trade in digital assets. Unlike traditional investment products, digital assets typically do not have any underlying or intrinsic asset value or any asset that supports their price.
6.12 Trading in digital assets is highly speculative and involves significant risks. The underlying reasoning behind the pricing of digital assets is limited or no underlying reasoning, which can be subject to irrational and uncontrollable market forces. Whether the future price of digital assets will rise or fall is unpredictable and purely speculative. Again, there is a risk that digital assets may not have any value. Therefore, the transaction risk of digital assets is borne by the user.
6.13 The value of digital assets is highly volatile and can fluctuate dramatically compared to fiat currencies or traditional investment products. As a result, market conditions can change significantly in a very short period of time. Furthermore, if there is no interest or development in digital assets, the value of digital assets may never recover. As a result, users risk losing all or most of the value of their digital assets. This loss can occur in a very short period of time.
6.14 The use of instructions relating to the order may not necessarily limit the loss to the amount expressed, and market conditions may result in the inability to execute the order or obtain the limit price.
6.15 The User understands that it should be able to bear the risk of potential loss of up to or more than its entire invested capital, and that the User should invest only funds that it can afford to lose without affecting its standard of living and in proportion to its income. If personal circumstances no longer allow, users should stop trading digital assets.
6.16 Digital asset trading is not suitable for:
(a) Limited resources;
(b) Limited investment experience; And/or
(c) Low risk appetite for investment or trading losses.
6.17 Users should ensure that they understand the economic and other types of risks involved in trading digital assets. Users should seek professional advice where appropriate.
6.18 The User is deemed to have assessed and confirmed his understanding of the risks involved before opening an account.
Past performance
6.19 The value of any digital asset may go down as well as up. Digital asset trading can be vulnerable to irrational market forces. Any data on a digital asset's past performance is not guaranteed and may not be a reliable indicator of future performance.
adaptability
6.20 BitradeX provides the services only and does not advise on the merits of any particular transaction, the risks of the transaction or the associated tax consequences, and BitradeX does not provide any other financial, investment or legal advice in connection with the Services.
6.21 BitradeX as a platform for trading orders execution and custody of digital assets. As described in Section 4.6, BitradeX and its affiliates may engage in certain trading activities.
6.22 Accordingly, BitradeX is not responsible for assessing whether:
(a) the service is appropriate for the user; or
(b) The transaction is tailored to the needs of the user.
6.23 Any information provided on the BitradeX Platform is for informational purposes only and is not and is not intended to be used as financial advice, investment advice, financial advisory services, trading advice or any other advice. BitradeX does not warrant the accuracy, completeness or usefulness of such information, and such information should not be considered an offer to buy or sell digital assets. The User is solely responsible for determining whether any transaction is appropriate.
6.24 By opening an account, the user accepts the risk of trading in digital assets. At the time of any transaction, users represent that they have, are, and will be responsible for independently assessing and investigating the risks of each transaction and the underlying digital asset.
6.25 By using BitradeX's Services, each User represents that it has sufficient knowledge, market maturity, professional advice and experience to assess for itself the merits and risks of any transaction or any underlying digital asset prior to opening an account.
6.26 Each user must ensure that professional advice is sought where necessary, taking into account their investment objectives, level of experience and risk tolerance.
6.27 Each user shall be fully aware of the specific characteristics and risks associated with the particular digital asset that the user intends to trade.
Availability of digital assets
6.28 A user's ability to purchase a digital asset using the BitradeX platform may depend on the existence of a counterparty willing to sell the same digital asset (and vice versa). This is out of BitradeX's control. BitradeX does not guarantee the timing of the purchase or sale of digital assets through the BitradeX Platform or the availability of the service.
6.29 The value of a digital asset may result from the continued willingness of users to trade digital assets for digital assets, which may result in a permanent and total loss of value if the market for a particular digital asset disappears. Sparsely traded or illiquid markets may increase the risk of potential losses due to increased volatility, and users may not be able to open or close positions in digital assets at favorable prices when needed or at all.
6.30 Digital assets may change or otherwise cease to function as intended as a result of changes or the use of their underlying technology, including through cyberattacks. Such changes may dilute the value of the User's digital asset position and/or assign the value of the User's digital asset position to another digital asset.
6.31 "Fork" refers to an upgrade of the blockchain network code, for example, which may be due to a disagreement between stakeholders over the update of the digital asset protocol, or a deliberate attempt to restore the history of the blockchain to a point in time prior to the cyber attack. A hard fork could result in a permanent separation from the previous version of the blockchain and would effectively create a new digital asset. The fork happens outside of BitradeX's control. The supply of digital assets resulting from a fork or similar change in the digital Asset protocol and BitradeX's ability to provide services in respect of the new digital asset as a result may depend on third party providers over which BitradeX has no control. BitradeX does not own or control any protocols relating to digital assets and their associated networks. Accordingly, BitradeX assumes no liability for any change in the value of such protocols or any digital asset, whether as a result of a fork or any similar change in the digital asset protocol or otherwise, and BitradeX makes no warranties as to the security, functionality or availability of such protocols.
6.32 The User is deemed to accept all risks associated with the use of the Services, including but not limited to hardware, software and Internet connection failure.
6.33 There is a risk that you may suffer loss due to the fact that the digital asset cannot be immediately sold or exchanged for a preferred alternative asset or can be exchanged but suffers a loss. Such liquidity risks for digital assets may arise from a variety of reasons, including, but not limited to, a lack of buyers, limited buying and selling activity, or an underdeveloped secondary market.
Currency and exchange risk
6.34 Transactions may be made in a currency different from the one deposited by the User into his account. Users should be aware of the risk of currency fluctuations and any risks associated with them. Changes in exchange rates may have a positive or negative impact on the gain or loss of any transaction.
6.35 If you exchange the digital asset after the execution of the order, or if the order is denominated in a digital asset other than your principal reference asset, there is a risk that the net proceeds may be substantially less than the initial amount of your principal reference asset at maturity or earlier, and that any income or gain may be completely offset if the market is adverse to your position.
Custody risk
6.36 BitradeX may hold fiat and digital assets with third parties. However, the digital assets held by BitradeX are not "deposits" and are not intended to be held as any other regulated product or service under applicable law.
6.37 In certain circumstances permitted by applicable laws and regulations or market practices in the relevant jurisdiction, BitradeX may register or record user accounts in the name of the custodian or in BitradeX's name. If the account is held in the name of the custodian or BitradeX, such assets may not be segregated from BitradeX's assets, and in the event of a default by the custodian or BitradeX, such assets may not be segregated in the same way that a user's client assets are segregated from the custodian's assets or BitradeX's assets. Proper protection against claims by creditors of the trustee or creditors of BitradeX. For BitradeX Singapore users in particular, the user's assets are held in one or more separate escrow accounts for the benefit of the user.
6.38 In the event of the bankruptcy or any other similar proceeding of a third party holding the User's fiat and/or digital assets, BitradeX can only file unsecured claims against third parties on behalf of the User, The User may be exposed to the risk that the fiat currency, digital asset or any other property received by BitradeX from third parties will not be sufficient to satisfy the claims of the User and all other related users.
6.39 If BitradeX deposits a User's fiat and/or digital assets with a third party, such fiat and/or digital assets may be combined with fiat and/or digital assets belonging to other users. In such a case, the user's individual customer rights may not be individually identifiable by separate certificates, other title documents or equivalent electronic records, and in the event of unavoidable losses following BitradeX's insolvency, any user whose assets have been collected may share such losses in proportion to their share of the original assets in the assets. Any rights or other benefits associated with the assets will be distributed proportionally to the respective users of the assets.
6.40 Fiat currencies and/or digital assets may be held by third parties designated in good faith by BitradeX or BitradeX's agents or sub-custodians. Such third parties are not under BitradeX's control and BitradeX shall not be liable for breaches of any nature by such third parties, if such breaches occur, the User may suffer losses in whole or in part in respect of the User account. The extent to which a user can recover their fiat currency and/or digital assets in the relevant jurisdiction may be subject to specific laws or local regulations.
Risks of trading on BitradeX platform
6.41 Transactions in digital assets may not be subject to the claims of investor compensation funds established by governments or regulatory authorities; Digital assets held in a BitradeX account may not be protected by any deposit protection scheme in any relevant jurisdiction.
6.42 In the course of using our services, you may be required to pay various fees. Before entering into any transaction, you must obtain detailed information and fully understand all commissions, fees and costs that you may be liable for. If you are not aware of any of these fees, you should ask for an explanation of what fees apply to the relevant payment terms before using the Services or entering into any transaction.
6.43 Please note that digital assets received or held by BitradeX may be subject to other applicable laws in international jurisdictions other than your country of residence and/or nationality.
6.44 Allowing others to trade or operate your account on our Platform carries significant risks and any instructions you provide may not be properly authorised or executed. You accept all risks of such actions and fully and irrevocably discharge BitradeX from any and all liability arising out of or in connection with all of the foregoing.
6.45 Digital asset transactions are irreversible. As a result, accidental or fraudulent transactions related to digital assets may not be recovered. Therefore, you must exercise caution when making any digital asset transfers and take full responsibility for any losses that may arise.
6.46 Orders placed on the BitradeX Platform are binding upon completion of the steps described in these Terms. Orders will not be held unless otherwise specified in these Terms. Final binding orders may not occur at the same time as your instructions. As a result, you may suffer losses if the order is not executed at the required time. In particular, contingent orders such as options or perpetual contracts may not limit your losses to the expected amount due to fluctuating market conditions.
6.47 There is a real risk that an unauthorised third party may access your account and transact without your knowledge or authorisation, whether by gaining control of the device or account you use or by other means.
6.48 BitradeX is under no obligation to make any changes, enhancements and/or modifications to the materials and information available on the BitradeX Platform. So, for example, your version of the BitradeX application may be out of date, and the version of the application you are using may not include new features. It is your responsibility to ensure that applicable updates and versions are updated and downloaded.
The risk of financial crime and cybercrime
6.49 The nature of digital assets means that they may face a higher risk of financial crime or cyber attacks, including but not limited to malware, hacking, phishing, double-paying, smurfing, spoofing, witch attacks, social engineering, majority mining, consensus-based or other mining attacks, misinformation campaigns, distributed denial-of-service and forking. Transferring digital assets into digital wallets exposes them to risks such as security breaches from hackers and cyber attacks that steal digital assets.
6.50 Mechanisms for recovering lost or stolen digital assets are limited or, in some cases, impossible to recover.
6.51 You may store your digital assets in hot wallets, but such hot wallets may be subject to hacking, cyber attacks or any of the risks mentioned in Section 6.50. Unfortunately, outages, thefts, cyberattacks and hacks on digital asset trading platforms, and thefts of digital assets are very common. Victims may face very difficult recovery of losses from hackers, trading platforms or other relevant industry organizations and/or individuals. This may result in significant losses and other adverse effects that may materially affect your interests.
Technical risk
6.52 Understanding digital assets requires advanced technical knowledge. Digital assets are often described in extremely technical terms and require a thorough understanding of applied cryptography and computer science to understand the inherent risks. The listing of a digital asset on the BitradeX Platform does not imply that BitradeX agrees or disagrees with the underlying technology associated with the digital asset and should not substitute for each user's understanding of the risks associated with the digital asset.
6.53 The underlying software protocols for digital assets are typically open source projects, which means:
(a) The development and control of such digital assets is outside BitradeX's control; and
(b) Such software protocols may be subject to sudden and drastic changes that may have a material impact on the availability, applicability or value of a particular digital asset.
6.54 Technical difficulties encountered by BitradeX may prevent users from accessing or using their digital assets. BitradeX may experience sophisticated cyber attacks, unexpected surges of activity, or other operational or technical difficulties that may cause service disruptions or that may result in the loss and/or theft of digital assets. By using the Services, the User agrees to accept the risk of transaction failure due to unexpected or exacerbated technical difficulties, including the risk of transaction failure due to sophisticated attacks.
6.55 Digital asset transactions are irrevocable. Once a user sends a digital asset to a wallet address outside the BitradeX platform, there is a risk that the user may permanently lose access to the digital asset. For example, the wallet address may have been entered incorrectly, the true owner of the wallet address may never be discovered, or the wallet address may belong to an entity that will not return the user's digital assets.
6.56 A person who owns a private key to an external wallet address will be deemed to own a digital asset associated with that external wallet.
6.57 Use of the BitradeX platform on jailbroken devices may compromise security and result in loss and/or termination of services.
6.58 Digital assets and BitradeX platforms rely on the Internet and other technologies (including various means and mediums of communication). However, the public nature of the Internet means that part or all of the Internet may be unreliable or unavailable at any given time. In addition, when transmitting data over the Internet and/or other technologies, data interruption, delay, corruption or loss, loss of confidentiality or privacy during data transmission, or transmission of malware may occur. The above may result in your transaction not being executed according to your instructions at the requested time, or not being executed at all.
6.59 No technology is completely safe. Therefore, you should exercise caution when using any technology.
6.60 The Internet, as well as other electronic media (including but not limited to electronic devices, services provided by third party telecommunications service providers, such as mobile phones or other handheld transaction devices or interactive voice response systems), is an inherently unreliable form of communication and such unreliability may be beyond BitradeX's control.
6.61 Any information (including any documents or data) transmitted or carried out in communications or transactions over the Internet or other electronic media (including but not limited to electronic devices, services provided by third party telecommunications service providers such as mobile phones or other handheld devices or interactive voice response systems), There may be interruptions, transmission interruptions, delayed transmissions due to data volume, Internet traffic, market fluctuations, or incorrect data transmission (including incorrect quotes), or suspension and/or delay in the delivery of price data due to the public nature of the Internet or other electronic media.
Legal and market risk
6.62 It is your responsibility to comply with applicable laws and regulations and to determine which laws apply to your transactions, including any applicable tax laws. You are solely responsible for reporting and paying any taxes incurred as a result of your use of the Services.
6.63 Due to the nature of digital assets, if your bank determines that such funds are the result of the purchase or sale of digital assets, your bank may freeze your account or refuse any transfer of funds.
6.64 You may suffer losses due to the depreciation of the digital assets you pay for due to controls imposed by the authority. Controls or other actions imposed by governments or regulatory authorities on digital assets and/or their ecosystems controlled or regulated by such authorities may delay or prevent the repayment or payment of any monies due to you.
6.65 Digital assets may be due to their inherent design or through cyber events rather than fixed supply. If and when additional digital assets are minted, the price of a certain digital asset may decline due to the inflationary effect of putting the additional digital asset into the total amount of available assets in the market.
6.66 At any one time, one or more persons may control, directly or indirectly, a significant portion of the total supply of any one digital asset. Such people are often colloquially referred to as "whales". Whether acting individually or collectively, these whales can have a significant impact and could affect or cause significant market events that could adversely affect the price, value, or functionality of digital assets. In addition, these whales or other network participants and users may make decisions that are not in your best interest as an investor in digital assets.
Regulatory risk
6.67 Any regulatory change or action by a competent authority or any regulatory authority not related to BitradeX may adversely affect the use, transfer, conversion and value of digital assets or limit your ability to transact on the BitradeX platform.
Stop loss
6.68 A stop loss order is an offer to trade if our quotation is against you. Stop-loss orders are often used to provide some risk protection, such as in the event of a loss on your trade, and can be used to open or close a trade. Each stop loss order has a specific stop loss level set by you. If our bid price (in the case of a sell order) or our ask price (in the case of a buy order) moves against you and meets or exceeds the level you specify, your stop loss order will be triggered. Although you have set a specific stop loss level, applicable laws and regulations may require us to close all or part of your stop loss order before it is triggered.
6.69 You agree and understand that stop loss orders do not necessarily limit your losses to the expected amount because market conditions may make it impossible to execute such orders at a price close to your expected stop loss price or at all. In an extremely volatile market, the price of a digital asset may quickly fall to the price of your stop loss order, and you may suffer losses that far exceed the amount realized by the execution of your stop loss order at the stop loss order price.
Margin, leverage and leverage ratio
6.70 Before you are allowed to enter into a contract with us, you are usually required to deposit funds with us ------ this is called a margin requirement. This margin requirement is usually a portion of the total contract value. This means that you will be using "leverage," which can work to your advantage or disadvantage. A small price move in your favor can result in a high return on the margin requirement for the contract, but a small move against you can result in a significant loss.
6.71 At any time when you have an open position, you should ensure that your account balance (taking into account position gains and losses) is at least equal to the total margin requirement we require you to deposit with us. Therefore, if our prices move against you, you may need to provide us with substantial additional funds immediately to meet your margin requirements and maintain your open positions. If you fail to cover a position, we will have the right to close one or more or all of your positions in any digital asset at our sole discretion. You shall be solely responsible for any loss arising therefrom.
6.72 Due to leverage, it is even more important to monitor your position when you enter into a contract with us. Leverage amplifies the rate at which a profit or loss can be made, so it is important to monitor your position closely.
6.73 We are under no obligation to keep you informed of your account balance and the margin required (the "margin call"). However, if we make a notice, margin calls may be made by phone, post, email, SMS or through your BitradeX platform.
6.74 We reserve the right to increase or decrease your margin requirements for open trades at any time and on short notice. You agree that, regardless of the normal means of communication between you and us, we have the right to notify you of changes to the margin level or credit arrangement of your account by any of the following means: telephone, email, text message, or by Posting notice of changes on our BitradeX platform. Any increase in margin levels will be immediately due and payable upon our request. We will only increase margin requirements or change the credit arrangements on your account when, in our sole discretion, we reasonably deem necessary, including but not limited to the occurrence or anticipated occurrence of:
(a) Changes in the volatility and/or liquidity of the digital asset market;
(b) Economic news;
(c) Rumors that a digital asset has been suspended from trading on another digital asset trading platform;
(d) You change the way you transact with us; perhaps
(e) any changes in applicable laws and regulations.
6.75 In accordance with applicable laws and regulations, we reserve the right to specify the method of margin payment we accept.
6.76 Please note that in some cases, we may trigger an apportionment mechanism to take a portion of your earnings to cover any losses. The apportionment mechanism is triggered when BitradeX's risk insurance funds are unable to cover the user's losses. In such cases, BitradeX will use its apportionment mechanism to recover the net profit from other users to make up the shortfall. For more information on the allocation mechanism, see here.
6.77 If there is a potential loophole in the trading rules or a failure of the platform system, or there is a loophole that leads to the user's unjust enrichment, we reserve the right to recover the unjust enrichment and may take any and all necessary measures, including but not limited to restricting the account transactions, freezing the account or the funds in the account, deducting the account assets, taking legal action or any other recourse measures. If the user does not cooperate, the user will also bear all recourse costs.
6.78 In some cases or circumstances, it may be difficult or even impossible to close a position in a digital asset. Certain events that occur on the network can occur quickly and affect the ability to conduct transactions on the BitradeX platform. Information related to these network events may be difficult to predict or determine in advance and may be subject to limited oversight by any third party that can intervene to stabilize the network.
Other potential risks
6.79 The website and Internet pages, investor relations releases, oral or written outlooks, presentations, audio and video recordings of events, and other publications from the Website may contain optimistic, forward-looking statements and events that reflect the current views of BitradeX and its management regarding potential projects. Certain expressions, including, but not limited to, "expect", "assume", "believe", "estimate", "expect", "intend", "may", "plan", "project" and "should", and other expressions that often identify forward-looking statements. These statements may be subject to risks, uncertainties and changes due to a variety of factors, including, but not limited to: changes in digital asset and fiat currency exchange rates, interest rates and commodity prices; Introducing new and/or competing technologies and ideas; Increasing market incentives; And a decline in demand for current services or other products.
7. Your BitradeX account
7.1 Account Registration and Authentication: In order to use any of the Services of the Platform, you should provide all the accurate information required to fill in the registration page to verify your identity and confirm your acceptance of these Terms. Unless approved by BitradeX, by registering an account with BitradeX, you agree and represent that you will use the account solely for yourself and not on behalf of any third party. You agree to provide us with truthful information at the time of registration and on an ongoing basis for purposes of identity verification and monitoring of money laundering, terrorist financing, fraud or any other financial crime, including but not limited to copies of official government-issued photo identification, proof of residence, such as utility bills or bank statements. If any such information changes, you are obligated to update such information as soon as possible.
7.2 Protect Your Account: You agree not to allow anyone to use or control your account, to update us on any changes to your information, and to notify us in the event of any breach of your account. You are responsible for retaining, protecting, and keeping any keys, certificates, passwords, access codes, user ids, API keys, or other credentials and login information (collectively, "Passwords"). If you lose your password, you may not be able to access your account. You agree to notify us immediately of any unauthorized use of your password. We will not be liable for any liability, loss or damage of any kind, whether direct or indirect, arising from the unauthorized use of your password. You understand and agree that if you authorize any third party or third party platform to use the password information of your account, such third party or third party platform will be aware of your account information (including but not limited to your asset information, trading information, trading operation rights and account information, etc.), and your account will be exposed to certain risks and may suffer loss or damage. You agree that you are solely responsible for any loss or damage caused by your authorization to any third party or third party platform to use your password information, and that we shall not be liable for any loss or damage caused by any third party or third party platform to use your account password information. Because we provide an online trading platform, to avoid potential security risks, do not set the login password, administrative password and any other password to the same password. The relevant responsibility is borne by the user. Once a user registers and becomes a user of the BitradeX Platform, the user will receive a username (user email address) and password, and will be responsible for all activities and events that occur after entering the system using the username and password, and bear all legal liabilities directly or indirectly caused by the language and actions of the user name.
7.3 Password Recovery: Users who have lost their passwords can reset their passwords after verification with their registered email address or phone number. If you discover any unauthorized operation or security breach, you should report it to us immediately.
7.4 Account Balance: If your account shows a balance, you can ask us to return the available digital assets. However, we may, in our sole discretion, deny or offset your request to withdraw (in whole or in part) your digital asset in the following cases:
(a) You have a nominal loss on your open derivative trades;
(b) Due to underlying market conditions, we believe additional digital assets are needed to meet any current or future margin requirements on open derivative positions;
(c) You have any actual or contingent liability to us under these Terms; And/or
(d) We reasonably determine that there is an unresolved dispute between us in connection with these Terms.
7.5 Account Closure: You may close your account at any time with BitradeX. The closing of the account will not affect any rights and obligations arising prior to the closing date of the account. Before BitradeX closes your account, you may be required to cancel or complete all outstanding orders and provide transfer instructions as set out in these Terms explaining how and where any fiat and/or digital assets remaining in your account are to be transferred. You are responsible for any fees, costs, expenses, charges or obligations (including but not limited to attorney and court fees or transfer fees for fiat or digital assets) associated with the closure of your account. If your account closure costs exceed the value of your account, you are responsible for reimbursing us. You may not close any of your accounts in order to avoid paying any fees payable or to avoid any checks in connection with our anti-money laundering programme. BitradeX reserves the absolute right to accept or reject an account closure request in its sole discretion.
7.6 Account Suspension: We reserve the right to suspend your account at any time. Further, you agree that we have the right to freeze/lock any funds and assets in your account and suspend some or all of your access to the BitradeX Platform if, in our sole discretion, we suspect any of the following:
(a) You/your account violates these Terms and any other policy, rule, regulation, user agreement or system of BitradeX, including but not limited to BitradeX Anti-Money Laundering Program;
(b) Your account balance needs to be adjusted for any reason;
(c) We suspect that an unauthorized person is attempting to access your account;
(d) You use your account credentials or other account information in an unauthorized or improper manner;
(e) for reasons related to Article 12 of this Article;
(f) for reasons related to the investigation under Article 7.7 of this Article; or
(g) The occurrence of an event of default (as defined in Article 22.5 of these Terms).
In addition, if enhanced due diligence on you/your account is required, we may ask you to submit additional information and complete other verification or proof.
7.7 Investigation: If we suspect or have reason to believe (in our sole discretion) that any of the following has occurred, BitradeX will investigate and take action against you/your account, including suspending, freezing and/or seizing your account:
(a) You/your account is the subject of an investigation by law enforcement agencies, government agencies, search warrants, subpoenas, court orders, or other similar procedures and processes in any relevant jurisdiction;
(b) You/your account is the subject of any pending and/or current litigation in any applicable jurisdiction;
(c) You/your account is subject to a levy, judgment or other asset turnover requirement by a government, regulatory authority or court (" Levy ");
(d) You/your account violates or is involved in a violation of any applicable law or regulation; or
(e) You/your account is involved in suspicious, illegal or fraudulent activity.
7.8 Account Termination: BitradeX reserves the right, in its sole discretion, to terminate your account at any time for any reason, including as set out in Clause 11. You further agree and understand that we have the right to take any and all necessary and appropriate actions in accordance with these Terms and any applicable laws and regulations, including but not limited to recovery of reasonable costs.
7.9 Effect of Suspension or Termination: If your account is suspended or terminated for the reasons set out in Clause 7.7 of these Terms, BitradeX will continue to maintain custody of all digital assets, funds and information in or relating to such accounts, which may be seized and transferred to third parties, including without limitation any competent authority.
7.10 Unless subject to Clause 7.9 or any ongoing investigation and consideration, if your account is terminated, we will refund your funds, less the value of any transaction fee discounts, rebates, costs, fees and/or damages to which we are entitled under these Terms and any applicable laws and regulations of the applicable jurisdiction. Unless otherwise provided by applicable laws or regulations, you authorize us to liquidate the digital assets in your account and return your funds (less any transaction fee discounts, rebates, costs, fees and/or damages to which we are entitled) to any bank account associated with your account. Prior to liquidation, if you still have any digital asset balance in your account, you agree to provide us with the digital asset address within 30 days of receiving a written notice from us, which will be deemed sent upon sending an email to the email address on file in your account so that we can return the remaining digital asset to you.
7.11 In addition to the above, and to the maximum extent permitted by applicable laws and regulations, in the event of a breach:
(a) Any delivery, payment or other obligations you have to any party (including, without limitation, BitradeX) due, accumulated or otherwise accelerated as of the date of the event of default to require the performance of such obligations (" Acceleration Obligations "); and
(b) Without prejudice to BitradeX's other rights that may arise under these Terms or otherwise, BitradeX shall have the right, in its sole discretion, to take all actions it deems necessary to protect its interests and to require acceleration obligations, including but not limited to closing any open trading position, Liquidate the assets in your account to repay any money owed to BitradeX and other liquidable obligations, and transfer the assets to a third party pursuant to a court order.
Right of set-off and recovery:
7.12 If, as a result of a refund, payment dispute, remittance recall, credit cancellation, credit error or other similar circumstances, the assets in your account are insufficient to cover the fees or costs charged to your account, or if we reasonably determine in our sole discretion that your account is the subject of a valid charge, You expressly authorize us to freeze, deduct, exchange, withhold and/or liquidate any existing or future assets in your account to the fullest extent permitted by applicable law, to the extent necessary to offset or satisfy any deficiency or levy. You acknowledge that you are solely responsible for any and all tax consequences arising from such actions taken by us. If the disposal or liquidation of the digital asset is insufficient to cover the shortfall, you agree that you will immediately pay the full amount necessary to cover the shortfall in U.S. dollars (or the relevant fiat currency in your jurisdiction, if applicable), failing which you will be liable to us for the failure to pay in full and for any attorney's fees, interest or costs associated with its recovery.
8. The user's rights and permission to use restrictions
8.1 Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use our BitradeX Platform and Services only with our permission. You agree that 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 our source code or similar content, proprietary or confidential data, or other similar information without our prior express written consent.
8.2 You agree to:
(a) All right, title and interest in the Service and related software, websites and technologies (including all intellectual property rights therein) shall be retained by us;
(b) Not transfer any rights or benefits to the Service except for the limited license granted herein;
(c) The Service is protected by copyright and other intellectual property laws;
(d) We reserve all rights not expressly granted under these Terms;
(e) We have the right to question, freeze or deduct User's goods or accounts at the request of any applicable administrative, judicial, military, including but not limited to public security, inspection, court, customs and tax authorities, etc.
9. User obligation
9.1 You may not register more than one account for any purpose.
9.2 You may not use another user's account.
9.3 You shall not use the BitradeX Platform or Services in any way that causes or is likely to cause damage to or prejudice the availability or accessibility of the BitradeX Platform; Or use the BitradeX Platform or Services in connection with any illegal payment and settlement of funds, including but not limited to payments made through illegal means such as fake transactions, fake prices and trade refunds; Illegal cash-out activities through the unit's bank settlement account; Illegal transfer of funds from a unit's bank settlement account to an individual's account; Illegal check cashing activities; Or any unlawful, illegal, fraudulent or harmful purpose or activity under applicable laws and regulations. You agree to indemnify and protect BitradeX and its affiliates and their officers, directors, shareholders, successors of interest, employees, agents, subsidiaries and affiliates, Hold it harmless from any claims, losses, liabilities, claims or costs (including attorneys' fees) against BitradeX or its affiliates by any third party arising out of or in connection with your use of the BitradeX Platform or Services.
9.4 You are prohibited from using the Platform in any form to engage in illegal activities. Without the authorization or permission of BitradeX, you may not use the Platform as a venue, platform or medium for any commercial activity in the name of the platform or in any form.
9.5 You shall comply with all laws and regulations, and bear the corresponding legal consequences and responsibilities for any actions related to the website and services. In addition, you must not violate the legitimate rights and interests of any third party. In addition, if BitradeX suffers losses as a result of your actions, BitradeX has the right to recover losses from you through legal action or other means.
9.6 You shall bear any loss caused by your actions, including but not limited to:
(a) accidental key typing or command errors, including price, quantity, time and other errors;
(b) incorrect timing or submission of trading orders;
(c) Forget or disclose your password;
(d) Computer or network problems, including any hacking or virus problems associated with your computer or network (or the network you are using);
(e) Transfer of digital assets or fiat currency into or out of the wrong account;
(f) execute instructions provided to you by a third party; or
(g) Access and use of your account by third parties for any reason.
9.7 It is your responsibility to ensure that all account information is verified before any transfer is made in order to transfer the digital asset or fiat currency to the correct account. If you transfer a digital asset or fiat currency into the wrong account and the account is under our control, we will have the right, in our sole discretion, to refuse the transaction and refund you the appropriate amount of the digital asset or fiat currency, less the applicable fees.
9.8 If you violate any of the above obligations, BitradeX has the right to take all necessary measures directly, including but not limited to deleting the content you post, canceling your user star rating and honor on the Platform, freezing your digital asset balance, suspending or seizing your account and illegal gains, and pursuing your legal liability through litigation.
10. Service charge
10.1 Some of the services we provide to you may incur fees. By using our Services, you agree to incur such charges.
10.2 BitradeX has the right to set and adjust service fees at its sole discretion. We also have the right to start charging for free services. All fee changes will be announced in advance.
10.3 If you do not agree to any fee changes. You should immediately stop using one or more of the Services. You will still be responsible for any charges incurred prior to the date of termination.
10.4 Unless otherwise stated or agreed, you agree that we have the right to automatically deduct the above service charges directly from the assets of your account without prior notice.
10.5 We reserve the right to suspend, suspend or terminate your account if you fail to pay in full or on time.
11. Change, interrupt, suspend and terminate the service
11.1 Service Changes and Interruptions: We may change the Service and/or interrupt, suspend or terminate the Service at any time, with or without prior notice.
11.2 Service Suspension and Termination: We reserve the right, in our sole discretion, to temporarily or permanently suspend or terminate the services provided to you without prior notice, including but not limited to the following circumstances:
(a) if the personal information you provide is untrue, incomplete, inaccurate, or inconsistent with the information provided at the time of registration, and you fail to provide reasonable evidence (please note that you are required to submit true, complete, and accurate information under applicable laws and regulations);
(b) if you violate any applicable laws and regulations;
(c) if you/your account violates any of the terms and conditions of these Terms and any other policies, rules, regulations, user agreements or systems of BitradeX, including, without limitation, the BitradeX Anti-Money Laundering Program;
(d) if required by any provisions of any applicable law or regulation, or at the request of a competent authority;
(e) for reasons relating to the investigation under Article 7.7 of this Article; or
(f) if in our sole discretion, for security reasons or otherwise necessary to protect your account from unauthorized access, etc.
12. Unclaimed property
BitradeX's obligation
If you have any assets held by BitradeX in your account and BitradeX is unable to contact you for not less than twelve (12) months or such period as is required by applicable laws or regulations in the relevant jurisdiction and there is no record of your use of the Services during such period, BitradeX may be required to report such funds as unclaimed property in accordance with applicable laws and regulations. BitradeX will use reasonable efforts to locate you using the contact information available to BitradeX.
12.1 If BitradeX is unable to locate you, BitradeX reserves the right to:
(a) Close your account and terminate your relationship with BitradeX; and
(b) liquidate, sell, trade, exchange or otherwise convert all assets into fiat currency, as long as such conversion is legally permitted and commercially viable on the BitradeX Platform; and
(c) as directed by a competent authority or any court of competent jurisdiction, deliver the fiat currency as unclaimed property, rounded to the nearest unit of the fiat currency.
12.2 BitradeX reserves the right to freeze your account if we receive any documents confirming your death or other information that leads BitradeX to believe that you have died.
12.3 Your account will be unfrozen under any of the following circumstances:
(a) when your nominated trustee opens a new account, as described in Section 12.5 below, and all of your accounts are transferred to that new account, or
(b) BitradeX has received satisfactory proof from us that you are not dead.
12.4 If BitradeX has reason to believe that you may have died, but has not proven your death in a form satisfactory to BitradeX, you authorize BitradeX to make such inquiries, directly or through a third party, as we deem necessary to determine whether you have died. After BitradeX has received evidence of your death to BitradeX's satisfaction, the trustee named by you in a valid will or similar probate document will be required to open a new account.
12.5 If you do not appoint a trustee, BitradeX reserves the right to treat as your trustee any person entitled to inherit your account, and BitradeX will determine the person entitled to inherit your account based on documents received by BitradeX and reviewed by BitradeX in its sole discretion as necessary or appropriate. Such documents include, but are not limited to, a will, living trust, or other similar document, or an order by a court with effective jurisdiction over your property to appoint a trustee.
12.6 If BitradeX, in its sole discretion, determines that there is uncertainty about the validity of the trustee's appointment, BitradeX reserves the right to seek an order from a court of competent jurisdiction to resolve the matter before taking any action in relation to your account.
expense
12.7 BitradeX reserves the right to deduct from any fiat currency all costs and charges relating to this Section 12.
13. Comply with local laws and tax laws
13.1 It is your responsibility to determine for yourself whether and to what extent any tax is applicable to any transaction you make through the Services and to withhold, collect, report and pay the correct amount of tax to the appropriate tax authorities. You agree that we do not provide legal or tax advice, are not responsible for determining whether any taxes apply to your transaction, and are not responsible for collecting, reporting, withholding or paying any taxes arising from any transaction. We strongly recommend that you consult your attorney/professional tax advisor to determine your obligations and tax status in the applicable jurisdiction.
13.2 Further, you agree to comply with any applicable laws and regulations of any applicable jurisdiction. In order to prevent terrorist financing and anti-money laundering (" AML ") activities and more generally to comply with any laws and regulations of any applicable jurisdiction, we will cooperate, as required, with competent authorities and local, regional, national and transnational bodies around the world, and may provide any information relating to you to such authorities. We may also access the information we store about you and disclose it to outside third parties if, in our sole discretion, we believe it is necessary or appropriate to: comply with relevant law enforcement or national security requirements and legal processes in any applicable jurisdiction, such as court orders or subpoenas; Protect the rights, property, or safety of you, us, or others; Enforce our applicable Terms of Service, user agreements, trading rules, operating rules, policies or any other agreements; Collect money due to us; Or assist in the investigation or prosecution of suspected or actual illegal activities.
13.3 When using our Services, you acknowledge, represent and undertake that all your actions on and off the BitradeX Platform are conducted in a lawful and proper manner, and that the source of your digital assets and fiat currency does not come from illegal activities. If we determine in our sole discretion that you have breached the above representations and commitments, we may, in our sole discretion or in coordination with local law enforcement authorities, seize, freeze, restrict or close your account and any fiat and digital assets held in your account.
14. Privacy Policy
14.1 If you would like to know how we collect, use and share your information, please refer to our Privacy Policy Statement.
15. Limitation of liability, warranties and indemnity
Exemption from liability
15.1 Neither BitradeX nor any of its affiliates shall be liable for any loss arising directly or indirectly from:
(a) Any dispute between you and one or more other users;
(b) any loss caused by your breach of these Terms;
(c) any loss caused by your violation of any applicable laws and regulations; or
(d) any act or omission of a third party that has access to your account,
You hereby waive and release any right to claim any such loss from BitradeX and/or its affiliates.
Limitation of liability
15.2 To the maximum extent permitted by applicable laws and regulations, the total value of BitradeX's total liability to Users for losses that may be caused by or in connection with information or materials provided by or on behalf of BitradeX and its affiliates on the BitradeX Platform shall not exceed USD 100.
15.3 To the maximum extent permitted by applicable laws and regulations, BitradeX's total cumulative liability (the "cap") for losses arising from a single claim or series of claims arising out of:
(a) arising out of or in connection with the application;
(b) You do so because of or in connection with: (i) the Service; (ii) any performance or non-performance of the Service; (iii) any information or material provided by or on behalf of BitradeX and/or its affiliates (other than the information or material referred to in Article 15.2); Or (iv) any other violation of these Terms,
Should be limited to the lower of the following:
(a) $100; or
(b) the total fees paid by the User to BitradeX for the Services during the first twelve (12) months.
15.4 In the event of a claim arising in connection with a particular transaction, the entire liability of BitradeX, its shareholders, affiliates or service providers and their respective officers, directors, employees, agents or representatives to the User shall be limited to the purchase and sale amount of the disputed transaction, with reference to the price at which such transaction occurred or should have occurred, and in any event subject to a cap.
15.5 In no event shall BitradeX and/or BitradeX's affiliates be liable to you for any consequential damages.
15.6 Nothing in these Terms shall limit the liability of BitradeX and/or BitradeX's affiliates to you as a result of BitradeX's:
(a) fraud or fraudulent misrepresentation;
(b) wilful misconduct; or
(c) death or personal injury as a result of his act.
15.7 Any exclusion or limitation of liability contained in this Section 15 shall not limit BitradeX's liability which cannot be excluded or limited under applicable laws and regulations.
Force majeure event
15.8 Neither Party shall be liable for any delay or failure to perform any of its obligations under this Article resulting from a force majeure event.
Compensate for
15.9 To the fullest extent permitted by applicable laws and regulations, you agree to indemnify, protect and promptly defend BitradeX and BitradeX's affiliates and associates (including us and our respective agents (if any) and the shareholders, directors, officers and employees of BitradeX and its affiliates and associates (the "indemnified Parties"), And hold it harmless from or in connection with any third party claims, losses, liabilities, damages, judgments, penalties, fines, costs and expenses (including professional fees and reasonable attorneys' fees) of all kinds, any and all losses that any indemnified party may suffer or incur from or in connection with:
(a) Your (or any User's authorized representative) use or conduct in connection with the Account or the Service;
(b) You fail to perform any of your obligations under these Terms;
(c) your breach and/or BitradeX's enforcement of the terms relating to the breach;
(d) You violate any applicable laws and regulations;
(e) You violate the rights of any third party;
(f) any third-party claims relating to your use of the Service;
(g) You provide any false, inaccurate, misleading or deceptive information to BitradeX in the course of providing the Service to you under these Terms;
(h) any investigation, claim, lawsuit, action or other proceeding against us by a government agency or regulatory or self-regulatory body or organization in any applicable jurisdiction in connection with your use of the Services; or
(i) the User breaches any representations, warranties and commitments made by the User to us under these Terms.
15.10 If you are obligated to indemnify BitradeX or any of its affiliates under this Section 15.10, BitradeX will have the right to control any action or proceeding in its sole discretion and determine whether it wishes to settle and, if so, on what terms.
disclaimer
15.11 The services and any information or materials provided by BitradeX are provided on an "as is" and "as available" basis. BitradeX expressly disclaims and the USER disclaims any and ALL warranties of any kind, express or implied, including but not limited to:
(a) implied warranties of merchantability, fitness for a particular purpose, title and/or non-infringement; and
(b) warranties arising from the course of performance, transaction or trade practice.
15.12 Without limiting Clause 15.11, the User acknowledges that:
(a) BitradeX does not represent or warrant that the Services, any interface used to access the Services, the Website or any information or materials provided or made available by BitradeX are accurate, complete, reliable, current, error-free, free of viruses or other harmful ingredients or any other defects; and
(b) BitradeX does not warrant that any order will be performed, accepted, recorded or kept open.
15.13 Other than the express representations set forth in these Terms, you hereby acknowledge and agree that you do not rely on any other written or oral representations or understandings with respect to your use of and access to the BitradeX Platform and/or Services.
15.14 You hereby understand and agree that BitradeX shall not be liable for any loss arising out of or in connection with:
(a) any inaccuracies, deficiencies or omissions in any pricing information relating to the digital asset;
(b) any interruption of such data;
(c) any error or delay in the transmission of such information; and
(d) any damage caused by the acts, omissions or breaches of these Terms by other users.
15.15 BitradeX cannot ensure or guarantee the security or confidentiality of information transmitted to or received from BitradeX by electronic means (including the Internet, wireless connections, email, telephone and SMS) because BitradeX cannot ensure that the transmission of such information is protected at all times. If you have reason to believe that your data is no longer secure, you should contact BitradeX at the email address, mailing address or telephone number published on the BitradeX Platform or notified to users from time to time.
16. alter
16.1 BitradeX reserves the right to modify, replace, supplement or delete (all "amend") these Terms or any provision of these Terms.
16.2 BitradeX will use reasonable efforts to provide notice of the amendment to the User by Posting the revised Terms and changing the "Last updated" date at the top of the Terms, by sending an email to the email address provided to the User, or by any other means at our sole discretion. Any revisions will become effective as soon as they are posted on the BitradeX platform or when we transmit the information. These amendments will apply immediately to all current and subsequent uses or services.
However, from time to time, we may need to make changes without notice to the user, including but not limited to the following:
(a) We make changes due to legal and/or regulatory changes;
(b) the change is in your interest;
(c) changes are made to give you a clearer understanding of these Terms; And/or
(d) there is any other valid reason for not having time to notify you.
If we are unable to notify you in advance, we will endeavour to notify you as soon as possible after the change.
16.3 If you object to the amendment, your sole remedy is to stop using the Service and close your account. BitradeX has the right to:
(a) Immediately terminate this Agreement with the User in accordance with these Terms; and
(b) Suspend user access to and use of the Service.
17. Business transfer
17.1 In the event of a transfer of part or all of BitradeX's business to any third party, the User agrees to the transfer of the business relationship between the User and BitradeX, including but not limited to the User's:
(a) Accounts;
(b) Assets;
(c) Responsibility;
(d) Protected data.
17.2 If BitradeX is acquired or merged with a third party, BitradeX reserves the right to transfer or transfer the information collected from Users as part of an acquisition, merger, sale or other change of control.
18. disclaimer
18.1 Service interruption: Due to the particularity of the Internet, we do not guarantee that the service will not be interrupted; The timeliness and security of the service cannot be guaranteed, and we accept no liability for any service interruption not caused by us.
18.2 Network security: We attempt to provide users with a safe network environment, but we do not guarantee that the website or its servers are free of viruses or other potentially harmful factors; Therefore, users should use industry-approved software to check and remove any viruses from files downloaded from this site.
18.3 User Information: We are not responsible for the failure to save, modify, delete or store the information provided by the User. We will not be responsible for typographical errors, omissions, etc. that are not caused by our intention. We have the right but no obligation to improve or correct any omissions or errors in any part of this Website.
18.4 Accuracy, completeness and reliability of the Website: unless we expressly agree in writing, we do not guarantee the accuracy, completeness and reliability of any content information obtained by users from the BitradeX Platform in any way, including but not limited to advertising; We are not responsible for any products, services, information or materials purchased or obtained by users as a result of the content information on this site. Use of the BitradeX Platform information content is at the user's own risk.
18.5 User Opinions: User comments posted by users on the BitradeX platform represent the views of users only. This does not mean that the BitradeX Platform agrees with their views or confirms their descriptions. BitradeX Platform does not accept any legal liability arising from any user comments.
18.6 Announcements: All announcements to users will be delivered via official page announcements, in-site letters, emails, customer service calls, SMS messages or regular letters. We are not responsible for any prizes, offers or other activities or information obtained through other channels.
18.7 Charges, fees, transactions and other fees: We reserve the right to adjust top-up, fees, transactions and other fees based on market conditions and terminate any promotion early.
19. Applicable law
19.1 These Terms, your use of the Service, any claim, counterclaim or dispute of any kind or nature arising directly or indirectly out of these Terms shall be governed by and construed in accordance with the laws of England and Wales without regard to their conflict of laws rules.
20. Jurisdiction and dispute resolution
20.1 You acknowledge and agree that in the event of any dispute, argument, disagreement or claim, including the existence, validity, interpretation, performance, breach or termination of these Terms or any dispute arising out of or in connection with these Terms (the "Dispute"), The parties shall first submit the dispute to the Hong Kong International Arbitration Centre (" HKIAC ") in accordance with the then valid HKIAC Mediation Rules.
20.2 If the dispute is not resolved by the execution of a settlement agreement within ninety (90) days of the submission of the request for mediation set forth in Clause 20.1, the dispute shall be submitted to HKIAC for final settlement by arbitration in accordance with the HKIAC Institution Arbitration Rules in force at the time of submission of the Notice of Arbitration. This arbitration clause shall be governed by the laws of the Hong Kong Special Administrative Region of the People's Republic of China (" Hong Kong ").
20.3 You agree that the place of arbitration shall be Hong Kong. The number of arbitrators shall be three (3). We shall appoint one (1) arbitrator and you shall appoint one (1) arbitrator. The third arbitrator shall be appointed by the Chairman of HKIAC. Such arbitrators shall be freely chosen and the parties shall not be restricted by any designated list in the selection of arbitrators. The arbitration proceedings shall be conducted in the English language.
20.4 You agree that we shall not be required to provide general discovery information about the document and may only be required to provide specific, identified documents that are relevant to and materially significant to the outcome of the dispute.
20.5 Any arbitral award shall be final, binding on the parties and enforceable in any court of competent jurisdiction.
21. Separability, complaints and other provisions
21.1 Severability: If any provision of these Terms is held to be illegal, void or unenforceable for any reason, that provision shall be deemed severable and shall not affect the legal effect of any other provision.
21.2 Complaints: If you have any complaints, feedback or questions, please contact us through the Support Center. When you contact us, please provide us with your name and email address and any other information we may need to identify you, as well as relevant transactions for which you have feedback, questions or complaints.
21.3 Other: These Terms set forth the parties' complete understanding of the subject matter and supersede all previous relevant understandings and communications. The terms and conditions of any other document that are inconsistent, contradictory or added to the contents of these Terms will not be binding on us. You represent and warrant that all information disclosed to us in connection with these Terms of Service is true, accurate and complete.
22. Definition and interpretation
explain
22.1 Unless otherwise stated, in these terms:
(a) "Party" means BitradeX or the User, and "parties" means BitradeX and the User;
(b) "written" includes any record that can be published (whether or not in electronic form);
(c) "person", whether capitalized or not, shall include natural or legal persons as the context requires;
(d) "Terms" and "Schedules" mean the terms and schedules of these Terms, respectively;
(e) The words "including" and "not limited to" or any similar expressions in any statement shall be interpreted only as illustrative and shall not limit the words preceding the term;
(f) The terms "day" (or "day"), "week", "month" and "year" shall be interpreted with reference to the Gregorian calendar;
(g) The act or course of conduct shall include active acts and omissions;
(h) Terms in the singular include the plural and vice versa;
(i) Terms defined in the applicable laws and regulations have the same meaning as those in the applicable laws and regulations.
22.2 When a word or expression is assigned a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning.
22.3 The table of contents and headings of the Terms and Schedules are provided for convenience only and shall not affect the interpretation of these Terms.
22.4 Any translation of these Terms or other documents is provided for convenience only and may not accurately reflect the information contained in the original English language. In case of any inconsistency, the English version of these Terms or other documents shall prevail.
22.5The words in the table should have the following meanings:
account | Accounts opened and maintained with BitradeX for users to use the Services and to transact on the BitradeX Platform, including any digital asset sub-account that reflects the balance of the User's digital asset. In these Terms, "Your Account" means your account and/or any account to which you have control or access, or if you are a representative, agent or any account to which you have similar authority or role. |
Extra service | Perpetual contracts, options, index trackers and margin loans offered by BitradeX. |
Anti-money laundering program | Reasonable prevention of money laundering and terrorist financing activities through a risk-based multi-level control system. |
API | Application interface, a connectivity function that allows users to operate their accounts on the BitradeX platform. |
Applicable laws and regulations | Laws, regulations and rules applicable to BitradeX, the BitradeX Platform and/or users promulgated, replaced, amended, expanded, merged, replaced and/or repromulgated from time to time by any competent authority in any relevant jurisdiction. |
applicant | A person who applies to open an account with BitradeX to trade on the BitradeX platform. |
assets | Digital assets or fiat currencies |
Competent authority | Any governmental, regulatory, judicial, law enforcement or public authority having jurisdiction over BitradeX, the BitradeX Platform or the activities of any user (whether in the Bahamas, Hong Kong, Brazil, Malta, Singapore, Seychelles or any relevant jurisdiction). |
pact | Contract for difference |
Customer service | A team that provides our customers and prospects with timely responses and solutions to problems, feedback or complaints. |
Dark web | A hidden service marketplace or any other service or website that acts as a marketplace for illegal goods. |
Digital asset | Any digital asset based on a computer network encryption protocol may be (i) centralized or decentralized, (ii) closed or open source, and (iii) used as a medium of exchange and/or store of value. In addition, digital assets are expressed in units; Ability to transfer, store and transact on a peer-to-peer basis with or without conditions or restrictions; It is used in transactions from time to time with the approval of BitradeX. For the avoidance of doubt, any digital asset: (x) is transferred on any additional layer above the blockchain associated with another digital asset or any sidechain; (y) is a derivative of another digital asset that has enhanced features or functions that complement or interact with another digital asset; Digital assets will be treated as distinct from such other digital assets and their use in connection with the Services will be subject to BitradeX's approval. Digital assets also include NFTS and other digital collectibles. |
Enhance due diligence | Users designated as high-risk are subject to enhanced vetting and due diligence programs. |
Event of default | Any of the following events: (a) when due, you cease or suspend payment of any of your debts, loans, lines of credit, facilities or equivalents, or fail or acknowledge failure to pay any debts, loans, lines of credit, facilities or equivalents as they become due; (b) You enter into negotiations or enter into any settlement, compromise, assignment or arrangement with one or more of your creditors to reschedule any of your debts (due to actual or anticipated financial hardship); (c) declare a moratorium on the payment of any of your debts; (d) any action, procedure, process or step taken in relation to: (i) your debts, insolvency, bankruptcy, judicial administration, winding up, dissolution, administration or reorganization (using voluntary arrangements, agreement arrangements or otherwise) (as the case may be) (each of which is referred to as an "insolvency Event"); (ii) suspension or suspension of payment in preparation for, anticipation of or in connection with any insolvency event; (iii) a settlement, compromise, assignment or arrangement with any of your creditors; (iv) appoint a liquidator, receiver, administrative receiver, trustee, judicial administrator, administrator, compulsory administrator or other similar administrator in respect of you or any of your assets (or business, if applicable); or (v) Protect your creditor rights. (e) the value of your assets is less than the value of your liabilities (taking into account contingent and expected liabilities); (f) you have violated any provision of these Terms; (g) if you are not a natural person, you cease or threaten to cease your business; (h) You are unable to lawfully perform or comply with any of your obligations under these Terms; (i) conduct, enforce or apply for seizure, seizure, enforcement, expropriation, forfeiture or other similar proceedings against your assets, and such proceedings are not discharged or discontinued within 21 days; (j) any security relating to liabilities on your assets (the "Security") becomes enforceable; (k) Any security, which may include, but is not limited to, security deposits: (i) is no longer fully effective; or (ii) is alleged to be invalid by the relevant secured creditor; (l) You refuse, withdraw or indicate an intention to refuse or withdraw any financing agreement to which you are a borrower; And/or (m) any event in any jurisdiction that relates to you similar to the events set out in the above terms under this definition. |
Legal tender | Government-issued currency designated as legal tender by governmental decree, regulation or law in the country in which it is issued. |
Conclude a transaction | A full or partial match of two orders on the BitradeX platform results in a transaction. |
Financial crime | Money laundering, terrorist financing, evasion of economic sanctions, tax evasion, bribery and corruption, including but not limited to money laundering and terrorist financing offenses, and conduct that may constitute "market abuse" as defined by applicable laws and regulations applicable to BitradeX (as the case may be and as amended from time to time). |
Force majeure | Events beyond BitradeX's or User's reasonable control that would prevent or materially hinder BitradeX's or User's performance of any of its obligations, including but not limited to: (a) Acts of God, fires, storms, storms, explosions, floods, earthquakes, sinkholes or any other natural disaster; (b) acts of war, terrorism, riots, civil unrest, military action, rebellion, rebellion or revolution, and any other similar acts; (c) Epidemic diseases; (d) Failure or interruption of power, communication channels, hardware, software, Internet connections and information systems; (e) Acts of States or Governments, political interference, sanctions and embargoes (f) any other similar act or event, interruption, error, distortion or delay, provided that such event is not the result of fraud, gross negligence or wilful breach by a party. |
Perpetual contract | A legal contract to buy or sell cryptocurrencies at a later date. |
Hard fork | Occurs when a blockchain protocol changes so fundamentally that it is incompatible with an older version. Parties involved in the old blockchain transaction must upgrade to the new blockchain in order to continue verifying the transaction. However, parties that do not upgrade can continue to individually support and verify transactions on the old blockchain protocol. A hard fork can be planned or unplanned (controversial). |
Indirect loss | Any loss related in any way to special, indirect, incidental, exemplary, punitive, multiple or consequential loss, including loss of business or opportunity, customer or contract, overhead, management or employee time, Expected loss of profit or revenue or other financial benefits, loss of use of hardware or software, loss of data or information or data corruption (including losses arising from or related to any inaccuracies, defects or omissions in digital currency price data); Any error or delay in the transmission of such data; And/or any interruption of any such data), or loss of reputation or goodwill resulting from business interruption, whether or not: (a) a party has been advised of the possibility or likelihood of recovering such losses; perhaps (b) arising under contract, tort, strict liability or any other theory of law. |
Loss | Any claims, demands, actions, procedures, liabilities, expenses (including legal and professional fees), costs, charges, injuries, damages, fines, penalties or diminution of value. |
Security deposit | The amount you need to pay in the form of a digital asset or any fiat currency (or a combination of both), following a single and sustaining transaction, as described in paragraphs 4 and 5 above. |
Margin loan | Peer-to-peer lending service that allows users to borrow/lend digital assets to each other and earn rewards. |
Natural person | Any individual, his property and his personal representative. |
notification | BitradeX's binding communications to the User may from time to time be required to notify the User of specific matters relating to the proper operation of the BitradeX Platform and the User's use of the Services, including but not limited to matters relating to policies, fees or any other changes. |
Notice of arbitration | A document indicating that a party intends to submit the dispute to one or more arbitrators who make a binding decision on the dispute |
lever | Use borrowed funds to increase the user's trading position beyond what the user's balance can support on its own. BitradeX (applicable to respective users, as appropriate). |
BitradeX | BitradeX (applicable to respective users, as appropriate). |
BitradeX platform | Access the online platform through bitradex.com (http://www.bitradex.com/), apis or mobile apps operated by BitradeX |
Order for goods | Instructions relating to a transaction |
C2C | Peer-to-peer matching service that allows users to exchange their fiat and digital assets with each other. |
Prohibited business | Prohibited business listed in Article 3 |
Affiliated party | BitradeX's affiliates, subsidiaries, sister companies, associates and/or related companies. |
Restricted area | For locations where BitradeX does not provide or where limited services are provided, BitradeX may update the list of areas from time to time as described in Section 2.2. |
Risk statement | BitradeX's statement to users regarding the trading risks of the BitradeX platform under Article 6 |
service | The services provided by BitradeX to Users in accordance with these Terms include transactions on the BitradeX Platform and custody of Users' digital assets. |
Spot service | Spot trading of digital assets offered by BitradeX through (a) C2C (peer-to-peer) or (b) centralized trading platforms. |
Stop loss order | Means the stop loss function referred to in Clause 6.74 |
Present clause | These Terms of Service and all Schedules, Product details, any supporting documents referred to and any amendments thereto. For the avoidance of doubt, this Agreement supersedes and replaces any customer agreement previously in force between you and us. |
Trading | A transaction resulting from the execution of two orders on BitradeX platform |