User Agreement

\n User Agreement\n

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\n BitradeX (hereinafter referred to as\n “BitradeX”\n or\n “\n we\n ”\n ) is the operator of the\n “\n Platform\n ”\n (as defined below) and the provider of the\n “\n Services\n ”\n (as defined below). These Terms of Use (hereinafter the “Agreement”)\n ”\n constitute a legally binding agreement between\n BitradeX\n and you (hereinafter\n “\n you\n ”\n or\n “\n user\n ”\n \n ) and govern your access to the Platform and use of the Services.\n \n

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\n \n Any additional terms and documents (including but not limited to fee schedules, risk disclosures and privacy policies as well as any applicable product terms), conditions, limitations, disclaimers and obligations are incorporated into this Agreement by reference.\n \n

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\n You should read this Agreement carefully. Accessing the Platform and\n /\n \n or using the Services shall be deemed as your having read and irrevocably agreeing to this Agreement, which BitradeX may modify and\n \n /\n or supplement at any time without notice.\n

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\n Risk Warning\n

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\n \n Digital asset (as defined below) trading involves significant risk and may not be suitable for all investors. The value of digital assets may fluctuate greatly on any given day and may be affected by external factors such as financial or political events. Price volatility and unpredictability may result in significant losses, including the possible loss of your entire investment within a short period. You are responsible for determining whether you are suitable to buy, sell or hold digital assets based on your financial situation.\n \n

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\n \n Digital asset activities in certain jurisdictions may be unregulated or subject to limited regulation. Any regulatory changes or actions by any relevant authorities unrelated to\n \n BitradeX\n \n may adversely affect the use, transfer, exchange and value of digital assets. The government of your country of residence may deem trading in digital assets illegal.\n \n

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\n Please read our Risk Disclosure for more information on risks related to accessing the Platform and\n /\n \n or using the Services. However, this document does not explain all possible risks or how those risks relate to your personal circumstances. You should fully understand the risks involved before accessing the Platform and\n \n /\n or using the Services.\n

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\n BitradeX\n \n has no fiduciary relationship or obligation with respect to any transactions (as defined below) or other activities you engage in while using the Services. We are not your broker, intermediary, agent or advisor, and we do not provide any form of financial, investment or advisory advice. Any communication or information we provide to you shall not be considered or relied upon as any form of advice.\n \n

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\n \n You acknowledge that the risks of using the Services are borne solely by you, and that you must independently review and assess whether the Services are suitable for you based on your specific investment objectives, financial situation, risk tolerance, investment experience, knowledge and needs. You are responsible for any losses or liabilities. We do not recommend buying, earning, selling or holding any digital assets. Please conduct your own due diligence before buying, selling or holding any digital assets and, if necessary, consult your financial, tax and other advisors.\n \n BitradeX\n \n takes reasonable steps to ensure the accuracy of information on the website. We shall not be liable for any losses you incur in buying, selling or holding digital assets, including but not limited to any losses arising directly or indirectly from your use of or reliance on such information provided by us.\n \n

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\n 1.\n Definitions\n

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\n \n In this Agreement, unless the context otherwise requires, the following words and expressions shall have the following meanings:\n \n

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\n “\n Account\n ”\n means any account or sub-account maintained for you by\n BitradeX\n .\n

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\n “\n Account Credentials\n ”\n means your account information, username, password, personal identification number, API key, API secret or any other code or form of authentication you use to access your account or the Services or to send instructions.\n

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\n “\n Account History\n ”\n means a written record, including electronic records, of your transactions and your account.\n

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\n “\n Affiliate\n ”\n \n means any individual, entity or company that directly or indirectly controls, is controlled by, or is under common control with, another individual, entity or company.\n \n

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\n “\n Airdrop\n ”\n \n means the distribution or attempted distribution of any digital asset by a digital asset network to digital asset addresses that support the network.\n \n

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\n “API”\n means the application programming interface provided by\n BitradeX\n , its affiliates or third-party applications that rely on such API.\n

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\n “\n Applicable Law\n ”\n \n means all relevant or applicable statutes, laws, equitable principles, rules, regulations, regulatory principles and requirements, notices, orders, writs, injunctions, judgments, local ordinances, rulings, directives, announcements, notices, mandatory codes of conduct, guidelines, practice notes and interpretations issued by any government or regulatory authority applicable to the provision, receipt or use of the Services, or this Agreement or other applicable terms and conditions relating to any product or deliverable.\n \n

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\n “\n Authorised Person\n ”\n \n means any person designated by you and notified to us as authorised to act on your behalf in respect of any corporate account.\n \n

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\n “\n Available Digital Assets\n ”\n \n means the digital assets available on the Platform in connection with the Services, which may change from time to time.\n \n

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\n “BitradeX Intellectual Property”\n means all intellectual property rights owned by or licensed to\n BitradeX\n .\n

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\n “\n Corporate Account\n ”\n means an account maintained by\n BitradeX\n for a company, entity or other organisation for the provision of Services.\n

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\n “\n Digital Asset\n ”\n \n means a digital representation of value or rights that can be transferred and stored electronically using distributed ledger technology or similar technology, including but not limited to cryptocurrencies, stablecoins, non-fungible tokens and any other tokenised derivatives of digital assets. Digital assets do not include fiat currency (as defined below).\n \n

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\n “\n Dominant Digital Asset\n ”\n \n means the forked digital asset that BitradeX determines, in its sole discretion, to be dominant over one or more other versions of the digital asset resulting from the relevant fork.\n \n

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\n “\n Fiat Currency\n ”\n \n means any national or supranational currency issued by any government or central bank that is not a digital asset, or any other monetary obligation denominated in such currency.\n \n

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\n “\n Fork\n ”\n \n means any planned, unplanned, sudden, scheduled, anticipated, unexpected, public, unknown, consensual and/or contentious change to the fundamental operating rules of certain digital assets from time to time that creates one or more versions of the existing digital asset.\n \n

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\n “\n Improper Intent\n ”\n \n means any suspected or actual market manipulation and/or market abuse that BitradeX reasonably determines you may have engaged in, including but not limited to profiting where the executable price of a trade is inconsistent with the current market price, or improperly benefiting from the way BitradeX provides prices.\n \n

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\n “\n Instruction\n ”\n \n means any instruction, request or order relating to the operation of your account or the execution of any transaction sent by you or an Authorised Person to BitradeX in the medium, form and manner that BitradeX may require.\n \n

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\n “\n Intellectual Property Rights\n ”\n \n means: (i) registered and unregistered copyrights, patents, database rights and rights in trademarks, designs, know-how and confidential information; (ii) applications for registration and the right to apply for registration of any of the foregoing rights; and (iii) all other intellectual property rights and forms of protection of equivalent or similar effect existing anywhere in the world.\n \n

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\n “\n Network Event\n ”\n \n in relation to a digital asset means any event (other than an airdrop or fork) affecting the blockchain or smart contract on which the digital asset resides that is beyond our control and results in (a) BitradeX or a third party losing control or ownership of the virtual asset; or (b) transaction records on the blockchain being altered, reversed or otherwise invalidated, whether by fraudulent conduct or by consensus, including but not limited to any double-spend attack, 51% attack or blockchain re-organisation, in each case as determined by BitradeX in good faith in its sole discretion.\n \n

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\n “\n Platform\n ”\n \n means the digital platform that BitradeX or its affiliates may make available to you via the website, mobile application, API or such other means as BitradeX or its affiliates may specify from time to time.\n \n

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\n Product Terms means the specific terms and conditions applicable to the use of the Services.\n

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\n “\n Prohibited Countries/Regions\n ”\n \n means the following countries/regions and such other locations as BitradeX may specify from time to time, including Canada (Alberta), Crimea, Donetsk, Luhansk, Cuba, China, China (Hong Kong), Iran, North Korea, Singapore, Sudan, Syria, the United States (including the following US territories: Puerto Rico, Guam, US Virgin Islands, American Samoa and the Northern Mariana Islands and the following US Minor Outlying Islands: Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Atoll, Navassa Island, Palmyra Atoll and Wake Island), Iraq, Libya, Yemen, Afghanistan, Central African Republic, Democratic Republic of the Congo, Guinea-Bissau, Haiti, Lebanon, Somalia, the Netherlands and South Sudan.\n \n

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\n “\n Restricted Person\n ”\n \n means any person included in any trade embargo or economic sanctions, terrorism or corrupt foreign officials list (such as the UN Security Council sanctions list, lists published by government agencies including those maintained by the US Treasury Department’s Office of Foreign Assets Control (OFAC), the US Department of Commerce’s Denied Persons or Entity List, or lists published by the United Kingdom, European Union, Canada), or any person located in a Prohibited Country/Region, or any citizen or resident of a Prohibited Country/Region.\n \n

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\n “\n Risk Disclosure\n ”\n means the risk disclosure statement published by BitradeX on the website.\n

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\n “\n Services\n ”\n means the services provided to you by BitradeX through the Platform.\n

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\n “\n Transaction\n ”\n \n means the sale, purchase or entry into, or agreement to sell, purchase or enter into, any digital asset, derivative, other asset or product that BitradeX may permit on the Platform from time to time, and any other type of transaction involving the transfer of digital assets into or out of your account.\n \n

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\n “\n US Person\n ”\n \n means any natural person who is a US citizen or resident, or any entity organised, incorporated or operating in the United States, or any entity whose director, ultimate beneficial owner or authorised person is a US citizen or resident.\n \n

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\n “\n User Intellectual Property\n ”\n \n means the intellectual property rights owned or licensed by you as of the effective date of this Agreement and any other intellectual property rights owned or acquired or licensed by you after the effective date of this Agreement, excluding BitradeX Intellectual Property.\n \n

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\n “\n User-Created Intellectual Property\n ”\n \n means any intellectual property rights created by you under this Agreement, including User Materials, but excluding User Intellectual Property.\n \n

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\n “\n User Materials\n ”\n \n means the intellectual property in any comments, posts, information, data and opinions provided by you or other users to BitradeX through the website, Platform or otherwise in connection with the use of the Services.\n \n

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\n “\n Website\n ”\n \n means the website located at www.bitradex.com and any other website, web page, feature or content owned or operated by BitradeX.\n \n

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\n 2.\n Eligibility\n

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\n \n Before using the Services, you must register on the Platform. To be eligible to register an account and use the Services, you must:\n \n

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\n 2.1\n \n be an individual, company or other organisation with full power and capacity to access and use the Services and to enter into and comply with your obligations under this Agreement;\n \n

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\n 2.2\n be at least 18 years old (if you are an individual);\n

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\n 2.3\n \n be duly authorised to act as its representative and to bind the entity by entering into this Agreement (if you are an employee or agent of a legal entity entering into this Agreement on its behalf);\n \n

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\n 2.4\n not be suspended or disqualified from using the Services;\n

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\n 2.5\n not currently have an account;\n

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\n 2.6\n \n not access the Services from a jurisdiction where use or access to the Services or any part thereof is prohibited or would constitute an offence;\n \n

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\n 2.7\n \n not be prohibited, restricted, unauthorised or ineligible to use the Services (in whole or in part) in any form or by any means under this Agreement, any law or regulatory requirement; or\n \n

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\n 2.8\n not be a Restricted Person.\n

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\n 3.\n Services\n

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\n 3.1\n \n Once you open an account with BitradeX, you may use the Services in accordance with this Agreement and the applicable Product Terms. You acknowledge and agree that certain Services may be provided by BitradeX’s affiliates.\n \n

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\n 3.2\n The Platform provides you with the following services (which may be updated from time to time):\n

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\n (\n i\n ) information on digital asset projects, including real-time quotes and trading information;\n

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\n (\n ii\n ) digital asset trading services;\n

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\n (\n iii\n ) customer support;\n

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\n (\n iv\n ) technical and administrative services to ensure the proper operation of the Platform; and\n

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\n (\n v\n ) any other services publicly announced by the Platform.\n

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\n 3.3\n Fiat Services\n

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\n (\n i\n ) For the avoidance of doubt, BitradeX does not conduct or provide any currency exchange services from one fiat currency to another.\n

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\n (\n ii\n )\n BitradeX\n does not provide fiat-to-crypto and/or crypto-to-fiat services, but you may use equivalent services on\n BitradeX\n . All fiat services provided (whether on BitradeX or by redirecting to a third-party website) are provided by third-party providers (“Fiat Service Providers”).\n

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\n (\n iii\n \n ) If you wish to use fiat services, you must agree to any terms and conditions, rules or policies provided by our fiat service providers and provide any information required for such services. All fiat services shall be subject to the terms and conditions of our fiat service providers.\n \n

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\n 4.\n Fees and Taxes\n

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\n 4.1\n \n You agree to pay all applicable fees related to your use of the Services as set out in the fee schedule below or otherwise notified to you in any applicable Product Terms.\n \n

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\n 4.2\n \n Any calculation of service fees by us shall be final and binding on you. We shall perform calculations in good faith in accordance with the established methodology for the relevant service.\n \n

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\n 4.3\n \n You authorise us to deduct all applicable fees, commissions, interest, charges and other amounts you owe us from your account in accordance with this Agreement or any Product Terms, calculated in accordance with the fee schedule. If you owe a certain digital asset but have insufficient balance in that digital asset, we may deduct the outstanding amount from your other digital assets as repayment (in which case we will convert your holdings into the digital asset you owe at the current exchange rate provided on the Platform or such other commercially reasonable exchange rate as we may determine from time to time). If your account does not contain sufficient digital assets, you acknowledge that any amount due and payable under this Agreement is immediately due and payable, in such amount and form (whether in digital assets or otherwise) as we may determine in a commercially reasonable manner.\n \n

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\n 4.4\n We may adjust charges or fee schedules, including introducing new fees and\n /\n \n or charges. If you do not wish to accept such adjustments, you may close your account. Your continued access to or use of the Services shall be deemed acceptance of the updated fees.\n \n

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\n 4.5\n \n You are responsible for determining whether any taxes (if any) apply to payments you make or receive, and for reporting and remitting the correct tax to the relevant tax authorities. You agree that\n \n BitradeX\n \n is not responsible for determining whether any taxes apply to your use of the Services, nor for reporting or remitting any taxes arising from any transaction or use of the Services.\n \n \n You acknowledge that we may report certain transactions on the Platform to tax authorities, and we may, at our sole discretion or as required by Applicable Law, provide you with additional documents or records required to calculate any tax obligations. We may also, at our sole discretion, withhold and deduct any taxes required by Applicable Law at source.\n \n

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\n 5.\n Your Account\n

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\n Opening an Account\n

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\n 5.1\n \n To access the Platform and use the Services, you must register an account. You may register an account as an individual user or as a corporate account for a company, entity or other organisation. All accounts are provided at our sole discretion.\n \n BitradeX\n reserves the right to reject any account application for any reason.\n

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\n 5.2\n \n If you are an individual user, you may only use your account for yourself and not on behalf of any third party. If you are a corporate user, the Authorised Person may only use the account for your benefit and not on behalf of any third party. You may not provide any other party with direct market access to the Platform, including through the use of sub-accounts, unless that other party has completed identity verification as we deem appropriate and has logged into the Platform separately. Any such verified party shall be deemed an Authorised Person. You agree to be fully responsible for all activities under your account and to bear all risks and losses that may arise.\n \n

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\n 5.3\n Before opening an account with\n BitradeX\n \n , you must comply with our identity verification procedures. We may also require you to provide certain information about yourself and, where relevant, all Authorised Persons, in order for you to access and use the Services. For the avoidance of doubt, if you are an individual user, you may not have more than one account.\n \n You agree:\n

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\n (\n i\n \n ) all information you provide must be complete, accurate and true. You must update it promptly if it changes.\n \n

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\n (\n ii\n ) you authorise us to carry out such investigations as we consider necessary to verify your identity and/or that of any Authorised Person, or to protect you and/or us from fraud, money laundering, terrorist financing or other financial crimes, and to take any action we consider necessary based on the results of such investigations.\n

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\n (\n iii\n \n ) you acknowledge and understand that personal data about you and any Authorised Person may be disclosed to institutions for identity verification, compliance data recording, credit reference, fraud or financial crime prevention, and that such institutions may respond fully to our enquiries.\n \n

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\n (\n iv\n \n ) we may also require you to comply with our enhanced due diligence procedures, submit additional information about you, your business or your Authorised Persons, provide further records or documents, or attend interviews with our representatives.\n \n

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\n (\n v\n \n ) we retain your personal data for as long as necessary to enable you to continue using our Services, to satisfy the requirements of this Privacy Policy or Applicable Law, for anti-money law compliance, or as otherwise notified to you.\n \n

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\n (\n vi\n \n ) you may review our Privacy Policy to understand how we process your personal data.\n \n

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\n Account Maintenance\n

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\n 5.4\n \n We may request information from you at any time for the purpose of complying with any Applicable Law or identity verification requirements, or in connection with the detection of money laundering, terrorist financing, fraud or any other financial crime, or for any other legitimate reason. You agree to provide us with any such information we request and to allow us to retain all transaction records relating to your account for as long as necessary for the intended purpose or as required by Applicable Law.\n \n

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\n 5.5\n \n Your access rights to your account and the transaction limits applicable to your use of the Services may change continuously based on the information collected about you. If we have reason to suspect that any information you provide is incorrect, untrue, outdated or incomplete, we may send you a notice requiring you to correct or delete the relevant information or take such other steps as we consider necessary to ensure the truthfulness and accuracy of the information provided.\n \n

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\n 5.6\n \n You must comply with any information requests we send to you. If you refuse to provide the requested information, or fail to provide it in a timely manner, we have the right to immediately suspend or terminate your access to your account or all or part of the Services without notice.\n \n

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\n 5.7\n \n You must ensure that any account registered in your name is not used by anyone other than yourself, and if you are a corporate user, that you yourself are the Authorised Person.\n \n

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\n Account Information and Transaction Records\n

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\n 5.8\n \n You may view your account history in your account. All records relating to your account or the Services are provided for your reference only. Notwithstanding any contrary provision in this Agreement, if there is any inconsistency between the information displayed on or provided through the Platform and the information in our records, our records shall prevail unless there is an obvious error.\n \n

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\n 5.9\n \n You are responsible for checking your account history for errors. If there are any errors or unauthorised entries or transactions, you must report them to us within five calendar days of the date on which the account history is made available to you.\n \n

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\n 5.10\n \n We may correct any errors in your account history at any time and have the right to reverse, cancel or reverse any transaction involving or resulting from an error, or to adjust the relevant transaction to correct the error, or to retain the relevant rights where there are reasonable grounds.\n \n

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\n 5.11\n \n We may be required to share information about your account and account history with third parties and/or our affiliates in accordance with this Agreement or Applicable Law. You acknowledge and agree that we have the right to disclose such information.\n \n

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\n Account Security\n

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\n 5.12\n \n You are responsible for taking appropriate measures to protect your hardware and data from viruses, malware and any inappropriate material. Unless otherwise provided by Applicable Law, you are responsible for backing up and maintaining copies of any information you store or transmit through our Services. We shall not be liable for any claims or losses arising from your failure to comply with this Agreement.\n \n

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\n 5.13\n \n You and any Authorised Person shall at all times maintain the security and adequate control of all Account Credentials. You and the Authorised Person are responsible for taking the necessary security measures to protect your account and to keep the Account Credentials secure. You must protect the Account Credentials from any attack and unauthorised access. If you become aware of or suspect that the security of your account or the email associated with your account or the account of any Authorised Person has been compromised, or that your account or the email account of you or any Authorised Person has been used without authorisation, you must notify us immediately.\n \n

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\n 5.14\n \n You must closely monitor your account history and notify us as soon as possible if any unauthorised or suspicious activity occurs in your account.\n \n

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\n 5.15\n \n If you suspect a security breach, you must notify us immediately and continue to provide us with accurate and up-to-date information throughout the duration of the security breach. You can immediately lock your account using the account disable function on the Platform or any other method we may specify from time to time. We may reasonably require steps to be taken to reduce, manage or report any security breach, and you shall cooperate. We have the right to require you to provide immediately any and all information and documents that we consider relevant or necessary in connection with any actual or suspected security breach, and you agree to cooperate. You acknowledge and agree that we may provide such information to any third party we consider necessary to investigate or resolve any security breach.\n \n

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\n Closing an Account\n

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\n 5.16\n \n You may close your account at any time by following the account termination procedures we may specify from time to time. You must pay any outstanding amounts. You authorise us to cancel or suspend any pending transactions and to deduct any outstanding amounts you owe us from your account upon closure.\n \n

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\n 5.17\n You may not be able to close your account if:\n

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\n (\n i\n ) you are attempting to evade an investigation by the relevant authorities;\n

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\n (\n ii\n ) you have pending transactions or claims;\n

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\n (\n iii\n ) there are outstanding amounts in your account;\n

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\n (\n iv\n ) your account is frozen, suspended, restricted or held;\n

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\n (\n v\n ) we determine there are other reasons at our sole discretion.\n

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\n 6.\n Transactions\n

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\n 6.1\n \n You may transact directly with us or directly with other users, including transactions facilitated and not facilitated by us. We do not represent or guarantee that all transactions will be completed successfully or within a specific time.\n \n

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\n 6.2\n \n You are responsible for controlling and using your account. Any instruction given from your account shall be deemed authorised by you or the Authorised Person. You are responsible for closely monitoring your account history and notifying us as soon as possible if any unauthorised or suspicious activity occurs in your account. We shall not be liable for any claims or losses arising from transactions executed due to unauthorised instructions (including errors, omissions, mistakes or fraud), unless it can be proven that such unauthorised instruction was caused entirely by our technical issues.\n \n

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\n 6.3\n \n To comply with data retention requirements, you agree to allow us (by consent only, not obligation) to retain all transaction records for as long as necessary for the intended purpose or as required by Applicable Law during the lifetime of your account. Please read our Privacy Policy to understand how we collect and use data related to your use of our Platform and Services.\n \n

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\n 6.4\n You acknowledge and agree that if you execute any transaction with Improper Intent and\n /\n or erroneously execute any transaction,\n BitradeX\n \n has the right (without payment of any sum, penalty or liability, and subject to compliance with Applicable Law) to take any of the following actions:\n \n

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\n (\n i\n ) cancel the transaction/\n declare it void and treat it as if it had never occurred; or\n

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\n (\n ii\n \n ) amend the price of the transaction to reflect the prevailing market price during the relevant period (as determined by us with reference to available sources of fair market value).\n \n

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\n \n You acknowledge and agree that if you enter into any transaction with any third party that is related to or may be cancelled/\n \n modified under the rights we set out herein, you shall be fully responsible for such transaction.\n

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\n Transaction Limits\n

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\n 6.5\n Your account may be subject to limits based on (\n i\n ) the amount or volume of transactions you conduct or (\n ii\n ) the amount or value of digital assets you transfer into or out of your account.\n

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\n 6.6\n \n We reserve the right to change any transaction limits applicable to your account at any time at our sole discretion. You may also apply for a change in limits. Any changes are at our sole discretion and subject to such other conditions as we consider necessary.\n \n

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\n 7.\n Instructions\n

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\n 7.1\n \n You must ensure that any instruction submitted is complete and accurate. We are not required to verify the accuracy, authenticity or validity of any instruction, nor to monitor or reject instructions that appear to be duplicate. However, if we have any doubt as to the accuracy, authenticity or validity of an instruction, we may refuse to execute or delay execution of any instruction, or require you to provide additional information.\n \n

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\n 7.2\n \n Instructions are irrevocable. Once you or an Authorised Person submits an instruction, you have no right to revoke or withdraw it without our written consent. Communication of an instruction is deemed to occur when our servers receive your instruction. Our records of all instructions shall be conclusive and binding on you for all purposes.\n \n

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\n 7.3\n \n By submitting an instruction, you or the Authorised Person authorise us to initiate transactions in your account. Accordingly, we have the right to credit or debit (or provide settlement information to third parties so that they may credit or debit) your digital assets in your account in accordance with your instructions. You are responsible for ensuring that your account contains sufficient balances of digital assets. If your account does not contain sufficient digital assets to complete a transaction (i.e. less than the total amount required to settle the transaction and pay all related fees), we have the right to refuse to carry out any transaction. Within the limits permitted by this Agreement,\n \n BitradeX\n may also refuse to execute instructions.\n

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\n 7.4\n \n You acknowledge that instructions and messages sent on or via the Platform or by email are generally transmitted over the Internet and may pass through public, transnational facilities that are not specifically protected. We cannot guarantee that transmitted instructions and messages are completely free from unauthorised access, and you must accept the related risks.\n \n

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\n 7.5\n \n Subject to this Agreement and any applicable Product Terms, and provided your account has sufficient balances and you are not holding relevant digital assets in connection with any service, you may submit a withdrawal request on the Platform to instruct\n \n BitradeX\n \n to transfer digital assets to an external wallet address. Upon receipt of a withdrawal request, we will (i) deduct the corresponding amount from your account balance; and (ii) initiate an on-chain transfer to the external wallet address you specify. We may not process a withdrawal request if we consider that Applicable Law restricts its execution. We may also suspend withdrawals when we consider it appropriate to resolve any incident on the Platform. Withdrawals will resume once such incident has been resolved.\n \n

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\n 8.\n Termination, Suspension and Restriction\n

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\n 8.1\n BitradeX\n \n may modify, suspend or terminate any part or feature of the Services at any time without prior notice to or consent from you and without giving any reason.\n \n

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\n Specifically,\n BitradeX\n may (\n i\n \n ) refuse to complete or prohibit, cancel or, where permitted by Applicable Law, reverse any transaction you have authorised; (\n \n ii\n ) terminate, suspend or restrict your access to any or all of the Services; (\n iii\n ) terminate, suspend, close, hold or restrict your access to any or all of your accounts; (\n iv\n \n ) refuse to transmit information or instructions to third parties (including third-party wallet operators); and/or (v) take any action we consider necessary for any reason and with immediate effect in any circumstances, including but not limited to the following:\n \n

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\n (\n i\n ) you do not or no longer meet the eligibility requirements to use one or more of the Services;\n

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\n (\n ii\n ) we have reasonable grounds to suspect that (a) the person logging into your account is not you, or your account has been or will be used for illegal, fraudulent or unauthorised purposes; (b) the person logging into your corporate account is not an Authorised Person, or the corporate account has been or will be used for illegal, fraudulent or unauthorised purposes; (c) more than one natural person has accessed the same account and/or conducted transactions, or your account has been or will be used for illegal, fraudulent or unauthorised purposes; or (d) the information you provide is incorrect, untrue, expired or incomplete.\n

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\n (\n iii\n ) we have reasonable concerns about your creditworthiness or financial condition, including:\n

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\n 1.\n \n if you are an individual, you have become bankrupt, mentally incapacitated, committed an act of bankruptcy, or bankruptcy proceedings have been commenced against you;\n \n

\n

\n 2.\n \n if you act on behalf of a partnership, any partner has died, become bankrupt or mentally incapacitated, committed an act of bankruptcy, bankruptcy proceedings have been commenced against any partner, or proceedings have been commenced seeking dissolution and/or changes to the partners or partnership constitution;\n \n

\n

\n 3.\n \n if you act on behalf of a company, the company is unable to pay its debts as they fall due, or insolvency, judicial management, receivership, administration or any similar proceedings have been commenced against the company; or\n \n

\n

\n 4.\n \n you convene a meeting of creditors, or propose or make any compromise or arrangement with creditors, or make any assignment for the benefit of creditors;\n \n

\n

\n (\n iv\n ) additional information and documents are required under Clause 5;\n

\n

\n (\n v\n ) enhanced due diligence is required under Clause 5.3(iv);\n

\n

\n (\n vi\n \n ) we reasonably consider that Applicable Law or any court or authority in any jurisdiction in which we operate requires us to take action;\n \n

\n

\n (\n vii\n ) we determine or suspect that:\n

\n

\n 1.\n you have breached this Agreement or any Product Terms;\n

\n

\n 2.\n \n you have breached any express or implied warranty in this Agreement or any representation you have made;\n \n

\n

\n 3.\n \n there has been an unauthorised, erroneous, fraudulent or illegal transaction, or we have determined or suspect that your account or use of the Services has been fraudulent, unauthorised or illegal;\n \n

\n

\n 4.\n \n any money laundering, terrorist financing, fraud or any other crime has occurred in connection with your account or your use of the Services;\n \n

\n

\n (\n viii\n \n ) your use of your account is subject to any pending, ongoing or instituted litigation, investigation or judicial, governmental or regulatory proceeding, and/or we consider that there is an increased risk of non-compliance with legal or regulatory requirements related to your account activity;\n \n

\n

\n (\n ix\n ) you have failed to pay amounts owed to BitradeX, whether due to delayed debiting or any other reason;\n

\n

\n (\n x\n ) any communication sent to your email account has been returned as undeliverable;\n

\n

\n (\n xi\n ) there are issues with your identity verification;\n

\n

\n (\n xii\n \n ) you have taken action that may circumvent our controls, such as opening multiple accounts without our written consent, or abusing any promotions we may run from time to time; or\n \n

\n

\n (\n xiii\n ) there is any other legitimate reason indicating that we need to take corresponding action.\n

\n

\n \n In addition to any other rights provided in this Agreement, BitradeX may, at any time and where we consider it necessary or appropriate to comply with Applicable Law, suspend, terminate and/or replace accounts without notice to you.\n \n

\n

\n 8.2\n You acknowledge and agree that:\n

\n

\n (\n i\n \n ) the examples listed in Clause 8.1 of actions we may take to terminate, suspend, close or restrict your access to your account and/or the Services are for reference only and are not exhaustive; and\n \n

\n

\n (\n ii\n \n ) we may decide to take certain actions based on confidential criteria that are essential to our risk management and security protocols, including but not limited to terminating, suspending, closing or restricting your access to your account and/or the Services. We are under no obligation to disclose the details of our risk management and security protocols to you.\n \n

\n

\n 8.3\n If we terminate, suspend, hold or restrict your access to one or more of the Services:\n

\n

\n (\n i\n \n ) where applicable, any pending instructions, orders, positions or transactions may be closed by you or us;\n \n

\n

\n (\n ii\n \n ) any debiting arising from the use of your account or the Services may result in the immediate suspension and/or restriction of your account and Services;\n \n

\n

\n (\n iii\n \n ) to reactivate a suspended and/or restricted account or Service, you will need to repay us in full any amounts due, including any applicable fees; and\n \n

\n

\n (\n iv\n \n ) in the event of any debit, you shall be liable for any credited amounts, and you authorise and permit us to deduct costs and fees directly from any assets in your account without further notice.\n \n

\n

\n 8.4\n Unlawful Possession.\n \n If we learn of and have reason to believe that any digital assets held in your account are the proceeds of theft or are otherwise not lawfully held (whether due to error or otherwise), we have the right (but not the obligation) to seize the relevant funds and your account. If we withhold any or all of the digital assets in your account, or restrict your entire account, we may continue to withhold them until we receive acceptable evidence that you are indeed entitled to the relevant digital assets in your account. We will not intervene in any dispute or dispute resolution concerning any digital assets held in your account.\n \n

\n

\n 8.5\n Access from Other Jurisdictions.\n \n Residents of certain countries/regions may only have access to some, not all, of the Services. The Services available to you may change at any time. If you travel to a Prohibited Country/Region, the Services may be unavailable and you may be restricted from accessing the Services. You acknowledge that this may affect your ability to trade on the Platform and/or monitor any existing orders or open positions, or otherwise use the Services. You may not in any way attempt to circumvent any such restrictions, including by using any virtual private network to modify your internet protocol address.\n \n

\n

\n 9.\n Available Digital Assets\n

\n

\n 9.1\n BitradeX\n \n only provides Services in respect of Available Digital Assets. We may remove or suspend one or more Available Digital Assets. We will use reasonable commercial efforts to notify you in advance. Once removed or suspended, you will no longer be able to access the relevant digital asset through the Services and will only be able to withdraw it from your account. After the expiry of the notice period, if the digital asset that is no longer available remains in your account,\n \n BitradeX\n \n may, at its reasonable discretion, convert such digital asset into another type of stablecoin digital asset.\n \n BitradeX\n \n will notify you in advance before converting the asset, and you may withdraw the digital asset within the specified period before conversion.\n \n

\n

\n \n If you attempt to use your account for a digital asset we do not support, or fail to convert it into another type of digital asset as described in this clause, we shall not be liable. If you send an unsupported digital asset to your account, or send an Available Digital Asset to an incompatible digital asset wallet address, you will lose such digital assets and we shall have no liability or obligation. For certain lost digital assets,\n \n BitradeX\n \n may, at its sole discretion, offer you the option to attempt recovery. If we attempt to recover assets on your behalf, we may charge a processing fee. We will calculate all fees at our discretion and inform you of the relevant fees when or before you authorise the recovery attempt. We do not guarantee in any way the amount of assets that may be recovered (if any). The actual amount recovered may differ from the estimated amount. We do not assess or provide any assurance as to the authenticity, objective security or safety of non-Available Digital Assets. You acknowledge and agree that\n \n BitradeX\n \n shall not be liable for any losses arising during or after the use of any recovered digital assets.\n \n

\n

\n 9.2\n BitradeX\n \n may suspend any services related to a particular digital asset in order to decide whether to support a fork. We are under no obligation to support any forked version of a digital asset you hold in your account, regardless of whether any version resulting from a fork of that digital asset becomes the Dominant Digital Asset. If we choose to support a digital asset fork, an official announcement will be published on the Website or through such other means as we consider appropriate.\n \n

\n

\n \n You acknowledge that we have no control over or influence on the creation or implementation of forks. We cannot guarantee the security, functionality or availability of any digital asset (including any new Dominant Digital Asset or any other digital asset resulting from the relevant fork). You may be unable to trade the forked digital asset on the Platform and may lose any value associated with the relevant digital asset.\n \n

\n

\n 9.3\n BitradeX\n \n does not promise, guarantee or warrant the outcome or support of any potential or proposed fork, post-fork digital asset or airdrop.\n \n BitradeX\n \n may in its sole discretion determine whether to claim, list or distribute any airdrop, post-fork digital asset or any other digital asset, and the terms and conditions (including eligibility criteria) applicable to any such claim, listing or distribution. If you wish to participate in a fork or airdrop, please withdraw the affected digital assets to your own private wallet before any potential or proposed fork or airdrop.\n \n

\n

\n 9.4\n \n We may from time to time support digital assets that are allegedly backed by another asset (including but not limited to digital assets or commodities such as silver or gold) or otherwise pegged to the value of another asset (“Asset-Backed Digital Assets”). You acknowledge and agree that: (i) before engaging in any transaction involving an Asset-Backed Digital Asset, you have read, understood and accepted all terms, conditions and related risks of such Asset-Backed Digital Asset; (ii)\n \n BitradeX\n \n is under no obligation to purchase, repurchase or assist in the redemption of any Asset-Backed Digital Asset you own.\n \n BitradeX\n \n reserves the right to change, suspend or terminate any services related to any Asset-Backed Digital Asset at any time at its sole discretion. We make no representation as to whether any particular Asset-Backed Digital Asset will maintain its value relative to any asset, or as to the quantity or quality of reserves or collateral held by any issuer or third party in respect of any Asset-Backed Digital Asset.\n \n

\n\n

\n 10.\n Intellectual Property\n

\n

\n 10.1 BitradeX Intellectual Property.\n BitradeX Intellectual Property remains the property of\n BitradeX\n .\n BitradeX\n \n hereby grants you a non-exclusive licence for the term of this Agreement, or until we suspend or terminate your access to the Services (whichever is earlier), to use the\n \n BitradeX\n Intellectual Property (excluding trademarks) solely for personal non-commercial use or internal business use to obtain the Services in accordance with this Agreement.\n \n

\n

\n 10.2\n User Intellectual Property.\n \n You hereby grant us a perpetual, irrevocable, royalty-free, worldwide, non-exclusive licence to use your User Intellectual Property, provided that such rights: (i) constitute or relate to the use of User-Created Intellectual Property; and (ii) are necessary for us to provide the Services to you. The licence granted by you under this clause includes the right for us to sub-licence such rights to third parties where such sub-licence is necessary for us or any of our affiliates to provide the Services to you.\n \n

\n

\n 10.3\n User-Created Intellectual Property.\n User-Created Intellectual Property shall automatically vest in\n BitradeX\n \n on the date of its creation. You hereby assign (and agree to procure that any agent, representative or contractor assigns) and provide full title guarantee in respect of all existing and future rights and interests in such User-Created Intellectual Property. If requested, you shall (and agree to procure that any agent, representative or contractor shall) execute and/or perform all documents and take all actions we may require, without charge, to perfect the assignment under this clause.\n \n

\n

\n 10.4\n User Materials.\n You acknowledge and agree that: (i) we are not responsible for any User Materials provided on the Platform or website (whether by you or a third party); (ii) the use of such User Materials is at your own risk and we provide no related warranties.\n

\n

\n 10.5\n Our Rights to User Materials.\n \n We have the right, at our sole discretion and for any reason, to remove, modify or refuse any content (including any User Materials) that you submit, post or display on the Platform or website. We reserve the right to take any action we consider appropriate, including issuing you with a written warning, removing any User Materials, claiming damages or other financial compensation from you, freezing or terminating your account (if any), or suspending your access to the Platform and/or website. We also have the right to restrict or prohibit your future use of any and all Services.\n \n

\n

\n 11.\n Prohibited Uses\n

\n

\n 11.1\n \n When opening an account or conducting any transaction, and without prejudice to any other restrictions set out in this Agreement, you agree that you and any Authorised Person shall not:\n \n

\n

\n (\n i\n \n ) breach this Agreement or any agreement entered into under it, including any applicable Product Terms;\n \n

\n

\n (\n ii\n \n ) use the Services for resale or commercial purposes, including trading on behalf of other individuals or entities, unless we expressly agree in writing;\n \n

\n

\n (\n iii\n \n ) engage in market manipulation as we determine in our sole discretion, including but not limited to pump-and-dump schemes, wash trading, self-trading, front-running, quote stuffing, false reporting or layering, whether or not prohibited by Applicable Law;\n \n

\n

\n (\n iv\n ) engage in fraudulent activity, or where we suspect that you or any Authorised User is engaging in fraudulent activity and/or transactions;\n

\n

\n (\n v\n \n ) use the Services to conduct or participate in lotteries, gambling, penny auctions, sports forecasting or odds-making, fantasy sports leagues with cash prizes, online gaming, contests, sweepstakes or games of chance;\n \n

\n

\n (\n vi\n )(a) in the course of a claim, obtain or attempt to obtain funds from BitradeX and other users at the same time or for the same transaction; (b) conduct business or use the Services in a manner that may result in complaints, disputes, claims, refunds, chargebacks, fees, fines or other liabilities for us, other users, third parties or yourself; (c) allow your account to hold a negative balance or negative quantity of digital assets;\n

\n

\n (\n vii\n \n ) provide false, inaccurate or misleading information when using the Services, communicating with us or otherwise in connection with this Agreement;\n \n

\n

\n (\n viii\n \n ) buy or sell identity verification (KYC) information in any form. BitradeX shall not be liable for any loss or dispute over account or asset ownership arising from\n \n

\n

\n \n breach of this sub-clause. In the event of any breach of this sub-clause, BitradeX has the right to immediately freeze or terminate your account.\n \n

\n

\n (\n ix\n )(a) use any deep-link, scraper, robot, spider or other automatic device, program, script, algorithm or method, or any similar or equivalent manual process, to access, acquire, copy or monitor any part of the Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Services to obtain or attempt to obtain any materials, documents or information not intentionally made available through the Services; (b) attempt to gain unauthorised access to any part or feature of the Platform, or to any system or network connected to any server or service provided by BitradeX, by hacking, password cracking or any other illegal or prohibited means; (c) probe, scan or test the vulnerability of the Services or any network connected to the Platform, or breach the security or authentication measures of the Services or any network connected to the Services; (d) reverse look-up, trace or attempt to trace any information of any other user or visitor of the Services; (e) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or BitradeX’s systems or networks, or any system or network connected to the Services; (f) use any device, software or routine to interfere with the normal operation of the Services or any transaction, or with the normal use of the Services by other users; (g) forge headers, impersonate or otherwise manipulate identity to disguise your identity or the origin of any message or transmission sent to us.\n

\n

\n (\n x\n \n ) modify or adapt the whole or any part of the Platform, or combine or merge the Platform with any other program or application;\n \n

\n

\n (\n xi\n \n ) disassemble, decompile, reverse engineer or otherwise attempt to derive the source code, object code, fundamental concepts, ideas or algorithms of the Platform or any of its components;\n \n

\n

\n (\n xii\n \n ) modify, copy, reproduce, download, store, further transmit, distribute, transfer, disassemble, disseminate, publish, remove or alter any copyright notice or label, or license, sub-license, sell, mirror, design, rent, lease, private label, create a security interest in, or create derivative works, or otherwise exploit\n \n BitradeX\n Intellectual Property or any part of it;\n

\n

\n (\n xiii\n \n ) disseminate any virus, trojan, worm or other computer programming routine that may damage, maliciously interfere with, secretly intercept or illegally occupy any system, data or information related to the Services;\n \n

\n

\n (\n xiv\n )(a) use an anonymous proxy; (b) use any temporary, disposable, self-destructing or similar email address when opening an account and/or using the Services; (c) use any device, software or program to bypass our robot exclusion headers, or to interfere with or attempt to interfere with our website or Services; (d) take any action that may cause us to lose the services of our internet service provider or other suppliers;\n

\n

\n (\n xv\n \n ) create or purport to create any security interest over any digital assets in your account without our prior written consent;\n \n

\n

\n (\n xvi\n \n ) violate or attempt to violate (a) any Applicable Law; or (b) the copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy, of BitradeX or any third party; and/or\n \n

\n

\n (\n xvii\n \n ) directly or indirectly access, use or attempt to access or use the Services through (1) any jurisdiction that BitradeX has identified as high-risk, including but not limited to Prohibited Countries/Regions, or (2) any individual or entity that BitradeX has identified as high-risk, including but not limited to any individual or entity listed as a Restricted Person. In particular, US Persons are prohibited from accessing the Platform and/or using the Services. Any change in your place of residence or Applicable Law may result in your violation of any legal or regulatory requirement in the applicable jurisdiction. You are responsible for ensuring that any transaction is legal and that you continue to comply with Applicable Law if your place of residence or circumstances change.\n \n

\n

\n 12.\n Representations and Warranties\n

\n

\n 12.1\n You hereby represent and warrant to us on a continuing basis that:\n

\n

\n (\n i\n \n ) all documents and information you provide to us are true, accurate, complete and up-to-date in all respects, and we may rely on such documents and information to determine your eligibility to access the Platform or use the Services;\n \n

\n

\n (\n ii\n \n ) all decisions made in connection with this Agreement are made solely on the basis of your own judgment, having taken into account your financial resources, your ability and willingness to bear the relevant risks and your financial objectives;\n \n

\n

\n (\n iii\n \n ) you have full power, authority and capacity (a) to access and use the Platform and/or the Services; and (b) to enter into and perform this Agreement and any obligations under any agreement entered into or to be entered into under or in connection with this Agreement, including any Product Terms;\n \n

\n

\n (\n iv\n ) if you are a company, partner in a partnership or trustee of a trust:\n

\n

\n 1.\n \n the company, partnership or trustee will comply with Applicable Law and with any partnership or trust deed (or similar document);\n \n

\n

\n 2.\n \n you will notify us immediately of any changes in any director, partner, trustee, settlor or ultimate beneficial owner or any person authorised to operate your account due to resignation, removal, appointment or death; and\n \n

\n

\n 3.\n \n if the company, partnership or trustee is voluntarily or involuntarily dissolved, you will notify us immediately;\n \n

\n

\n (\n v\n \n ) all third-party consents, permissions, authorisations, approvals and agreements, and all authorisations, approvals, licences, consents, registrations, declarations, filings required with any regulatory authority, governmental department, commission, agency or other body having jurisdiction over you, have been unconditionally obtained in writing and disclosed to us in writing, and have not been revoked or modified. These approvals and consents are required for (a) accessing and using the Platform and/or the Services; and (b) entering into and performing this Agreement and any transactions contemplated under any agreement entered into or to be entered into under or in connection with this Agreement;\n \n

\n

\n (\n vi\n \n ) this Agreement and any agreement entered into or to be entered into under or in connection with it constitute valid and legally binding obligations enforceable against you in accordance with their respective terms;\n \n

\n

\n (\n vii\n ) you are not a Restricted Person;\n

\n

\n (\n viii\n \n ) if you are a legal entity, you have been duly incorporated, organised and are validly existing under the laws of your jurisdiction and are in good standing to conduct business. If you are an individual, you are at least 18 years old; and\n \n

\n

\n (\n ix\n \n ) your access to and use of the Platform and/or the Services, and your entry into and performance of this Agreement and any agreement entered into or to be entered into under or in connection with it, and your performance of obligations under this Agreement, will not:\n \n

\n

\n 1.\n \n if you are a legal entity, partner in a partnership or trustee of a trust, cause a breach of or conflict with any provision of your constitution, articles of association, partnership agreement, trust deed or other equivalent constitutive documents;\n \n

\n

\n 2.\n \n cause a breach of or constitute a default under any instrument, agreement, document or undertaking to which you are a party or by which you or your assets are bound or restricted; and\n \n

\n

\n 3.\n \n cause you, us or any third party to breach any Applicable Law, any court judgment, arbitral award or judgment of any government or regulatory authority in any jurisdiction.\n \n

\n\n

\n 13.\n Disclaimer\n

\n

\n 13.1\n No Representation or Warranty.\n \n To the maximum extent permitted by Applicable Law, the Services and information provided on the Website and Platform are provided on an “as is” and “as available” basis without any express or implied representations or warranties. We disclaim all implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement. We make no representation or warranty that access to the Website, Platform, your account, the Services or any materials contained therein will be continuous, uninterrupted, timely or error-free. This may result in the inability to trade on the Platform for a period of time and may cause delays.\n \n

\n

\n 13.2\n Termination of Access.\n BitradeX\n \n may suspend access to your account and/or the Services from time to time or on an emergency basis for maintenance. We will use reasonable efforts to ensure that transactions on the Platform are processed in a timely manner, but we make no representation or warranty as to the time required to complete processing, as this depends on many factors beyond our control.\n \n

\n

\n 13.3\n Content.\n \n Although we use reasonable efforts to update the information on the Website and Platform, we make no representation, warranty or guarantee, express or implied, as to the accuracy, completeness or timeliness of the content on the Website and Platform (including information related to the Services).\n \n

\n

\n 13.4\n Third-Party Websites.\n \n For your convenience, you may access or link to third-party websites (including content, materials and/or information in third-party websites) from this Website and/or Platform. You acknowledge and agree that we are not responsible for any aspect of the content, materials, information or services contained therein.\n \n

\n

\n 13.5\n Network Access and Hardware.\n \n You are responsible for obtaining data network access necessary to use the Services. You should obtain and update compatible hardware or devices required to use the Services. We expressly disclaim any warranty that the Services or any part thereof will operate on any particular hardware or device.\n \n \n Although we will use our best efforts to provide the Services, you acknowledge that the Services may be affected by inherent failures and delays in the Internet and electronic communications that are beyond our reasonable control.\n \n

\n

\n 14.\n Material Interests and Conflicts\n

\n

\n 14.1\n You acknowledge that\n BitradeX\n is involved in activities related to digital assets.\n

\n

\n 14.2\n \n You acknowledge and agree that, except as expressly set out in this Agreement, neither your relationship with us, any Service nor any other matter gives rise to any legal, equitable or fiduciary duty on the part of us or any of our affiliates. In particular, we may act in multiple capacities from time to time, and in such capacities we may receive fees or commissions from multiple users. You agree that we may act in such capacities and provide any other services to you, any of our affiliates or any other users, or carry on any business.\n \n

\n

\n 14.3\n You acknowledge and agree that neither we nor any of our affiliates are required to (i) take into account any information we or any of our affiliates possess that constitutes a material interest; (ii) disclose any such information to you; or (iii) use any such information for your benefit. We further expressly state that in the course of providing the Services, we may from time to time obtain general market information and may use such information in the ordinary course of business.\n

\n

\n 14.4\n \n We have established and maintain effective organisational and administrative arrangements designed to take all appropriate steps to identify and manage conflicts of interest between us and users and related third parties, so as to prevent conflicts of interest from adversely affecting the interests of users. Where such organisational and administrative arrangements are insufficient to ensure that the risk of harm to your interests is prevented, we will inform you of the nature and/or source of the relevant conflict of interest and the measures taken to mitigate these risks, so that you can make an informed decision as to whether to continue to deal with us. We always reserve the right to refuse to provide you with Services where conflicts of interest cannot be managed in any other way.\n \n

\n

\n 15.\n Indemnity\n

\n

\n 15.1\n Third-Party Claims.\n \n You hereby undertake and agree to provide full indemnity to us upon demand and to hold us harmless from any and all claims, suits, actions, demands, disputes, allegations or investigations brought by any third party, governmental authority or industry body, and from all claims, liabilities, damages (actual and consequential), losses (including any direct, indirect or consequential losses, loss of profits, loss of reputation), costs and expenses, including but not limited to all interest, penalties and reasonable legal and other solicitors’ fees and other professional costs (“Losses”) arising out of or in connection with:\n \n

\n

\n (\n i\n ) your access to and/or use of your account and/or the Services;\n

\n

\n (\n ii\n \n ) your breach or alleged breach of this Agreement, including any applicable Product Terms and any other terms and conditions incorporated by reference;\n \n

\n

\n (\n iii\n ) your breach of any Applicable Law; and\n

\n

\n (\n iv\n ) infringement of the rights of any third party.\n

\n

\n 15.2\n Release.\n \n You hereby irrevocably and unconditionally agree to release us from any and all claims and demands (and waive any rights you may now or in the future have against us in relation to any losses you may suffer or incur) arising directly or indirectly out of or in connection with any dispute between you and any other user or third party in relation to the Services or this Agreement.\n \n

\n

\n 16.\n Liability\n

\n

\n 16.1\n Our Liability.\n Unless such loss arises directly from\n BitradeX\n \n ’s gross negligence, wilful misconduct, actual fraud or material and continuing breach of this Agreement,\n \n BitradeX\n \n shall have no liability or obligation for any losses suffered by you or any third party. Without prejudice to the foregoing, notwithstanding any other provision in this Agreement, the liability of\n \n BitradeX\n and its affiliates to you shall not exceed the total fees paid by you to\n BitradeX\n \n in the three (3) months preceding the event giving rise to the loss. Such amount shall constitute the full and final settlement and discharge of any and all losses and claims (howsoever arising) caused by the relevant event to us and any of our affiliates. You acknowledge and agree that\n \n BitradeX\n \n or any of its affiliates is not aware of any special circumstances relating to you, and that you are aware that damages are an adequate remedy and you have no right to any other claim or remedy at law or in equity, including without limitation any proprietary claim, injunction and/or specific performance.\n \n

\n

\n 16.2\n Limitation of Liability.\n \n Notwithstanding any other provision in this Agreement, you hereby acknowledge and agree that under no circumstances shall\n \n BitradeX\n \n or any of its affiliates be liable or obligated to you or any other individual or entity for:\n \n

\n

\n (\n i\n \n ) any direct or indirect loss (including loss of profits, business or opportunity), damage or expense arising out of or in connection with the Services or otherwise, including but not limited to:\n \n

\n

\n 1.\n any risks listed in any Risk Disclosure, as updated from time to time;\n

\n

\n 2.\n the operation, functionality, security or availability of any underlying protocol of any digital asset;\n

\n

\n 3.\n \n whether any Asset-Backed Digital Asset will maintain its value relative to any asset, or whether its issuer holds sufficient reserves for any Asset-Backed Digital Asset;\n \n

\n

\n 4.\n any act or omission taken under this Agreement;\n

\n

\n 5.\n \n any inaccuracy, omission or absence of digital asset price data, any error or delay in the transmission of such data, and any interruption of such data;\n \n

\n

\n 6.\n \n any scheduled or unscheduled maintenance by BitradeX, including any interruption or change to the Services resulting from such maintenance;\n \n

\n

\n 7.\n theft of any device used to access and use the Services;\n

\n

\n 8.\n \n any damage caused by the acts, omissions or breaches of this Agreement by other users, or by the acts of any other third party;\n \n

\n

\n 9.\n (1) any damage or interruption caused by any computer virus, spyware or other malware that may affect your computer or other device, or any phishing, spoofing or other attack; (2) any failure, damage or destruction of your hardware for any reason, or any corruption or loss of any records or data stored on your hardware; or (3) any technical problems, system failures, functional failures, communication line failures, network congestion or frequent requests, related issues, security breaches or any similar technical problems or defects that you encounter when using internet connection services;\n

\n

\n 10.\n our decision to reject your account application;\n

\n

\n 11.\n \n any termination, suspension, holding or restriction of access to any account or Service under this Agreement or any applicable Product Terms, including the inability to withdraw digital assets, issue instructions or conduct transactions during any period of suspension, holding or restriction;\n \n

\n

\n 12.\n any transaction limits applicable to your account;\n

\n

\n 13.\n our decision to support or not support certain digital assets;\n

\n

\n 14.\n BitradeX\n ’s inability to contact you through the contact information you provide;\n

\n

\n 15.\n BitradeX\n closing a dormant account;\n

\n

\n 16.\n any failure of a transaction or any transaction taking longer than the time required to complete any transaction;\n

\n

\n 17.\n our refusal or delay in executing any instruction;\n

\n

\n 18.\n any security breach of your email account;\n

\n

\n 19.\n \n any loss you suffer due to the acts of third parties (including third-party fraud or scams in which BitradeX is involved only as the recipient of your digital assets);\n \n

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\n 20.\n any loss you suffer as a result of transferring digital assets out of the Platform at your request;\n

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\n 21.\n \n any loss arising out of or in connection with any new offering of digital assets, initial coin offering (ICO) or decision to list or not list digital assets on the Platform;\n \n

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\n 22.\n any Network Event, fork or airdrop;\n

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\n 23.\n \n the correctness, quality, accuracy, security, completeness, reliability, performance, timeliness, pricing or continued availability of the Services, or any delay or omission in the Services, or any failure of any connection or communication service to provide or maintain your access to the Services, or any interruption or disruption to your access, or any miscommunication between us, regardless of the cause; and\n \n

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\n 24.\n any transaction, instruction or action conducted through or purported to be conducted through your email account or your account;\n

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\n (\n ii\n \n ) any loss of business, profits, expected savings or opportunity, or any special, punitive, aggravated, incidental, indirect or consequential loss or damage, whether arising out of or in connection with this website, the Platform, your account, the Services, this Agreement, the Product Terms, the Privacy Notice and/or any agreement entered into under or in connection with this Agreement or any other terms;\n \n

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\n (\n iii\n \n ) any loss or damage you may suffer due to any manifest error and/or extreme market volatility and/or any cancellation/modification of any transaction, however arising, whether directly or indirectly, specially or consequentially, including but not limited to loss of profits and loss of opportunity, even if\n \n BitradeX\n \n is aware that such loss or damage may arise or such loss or damage is reasonably foreseeable; and/or\n \n

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\n (\n iv\n \n ) any loss that is part of a claim that has not been commenced by formal legal action within one (1) calendar year after the occurrence of the matter giving rise to the claim. You agree and acknowledge that this clause may vary any limitation period that would otherwise apply at law, and if prohibited by Applicable Law, this clause shall be deemed to be a limitation clause with the minimum enforceable time limit. Without prejudice to the generality of the foregoing, you agree that any claim shall be resolved exclusively through binding arbitration.\n \n

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\n 16.3\n Damage or Disruption.\n BitradeX\n \n shall not be liable for any damage or disruption caused by any computer virus, spyware, scareware, trojan, worm or other malware that may affect your computer or other device, or any phishing, spoofing or other attack. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks. You should exercise caution when reviewing messages purporting to be from us. You and the Authorised Person are responsible for keeping all Account Credentials secure at all times.\n \n

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\n 17.\n Amendment of Terms\n

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\n 17.1\n BitradeX\n \n may amend this Agreement and any terms and conditions incorporated by reference (including any Product Terms) at any time, and your continued use of the Services constitutes your agreement to such amendments. Changes to this Agreement will be published on this website and may also be notified to users by email, application or such other means as\n \n BitradeX\n may determine in its sole discretion.\n

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\n 17.2\n BitradeX\n \n will endeavour to notify users before any amendment takes effect.\n \n \n However, we may sometimes need to make changes that take effect immediately, in which case we will notify users as soon as possible after the changes take effect. Amendments that may take effect immediately include: (i) amendments to comply with legal and/or regulatory requirements; or (ii) amendments that make this Agreement clearer.\n \n

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\n 17.3\n \n Except where amendments take effect immediately, any update to this Agreement will take effect after notice to users. If you do not wish to accept the changes, you may close your account in accordance with this Agreement. Your continued access to or use of any Service will be deemed acceptance of the updated terms.\n \n

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\n 18.\n Governing Law and Dispute Resolution\n

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\n 18.1\n Governing Law.\n \n This Agreement is governed by and construed in accordance with the laws of Hong Kong, without regard to any choice or conflict of law rules.\n \n

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\n 18.2\n Notice of Claim.\n \n To the extent permitted by law, you agree to waive your right to a jury trial and to waive any right to resolve any dispute arising out of or in connection with this Agreement in court. For any dispute or claim you bring against\n \n BitradeX\n \n , or any dispute in any way related to this Agreement, you agree to first contact\n \n BitradeX\n \n and attempt to resolve the claim informally by sending a written notice of claim (“Notice”) to our email “legal@bitradex.com”.\n \n

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\n The Notice must:\n

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\n (\n i\n ) include your name, residential address, email address and telephone number;\n

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\n (\n ii\n ) describe the nature and basis of the claim; and\n

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\n (\n iii\n ) state the specific relief sought.\n

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\n If you and\n BitradeX\n \n are unable to reach an agreement on resolving the claim within 30 days after receipt of the Notice, either party may submit the dispute to binding arbitration as set out below.\n \n

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\n 18.3\n Dispute Resolution.\n \n Any dispute, controversy, difference or claim arising out of or relating to the following matters between you and\n \n BitradeX\n \n (and/or any of its affiliates) shall be submitted to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (“HKIAC”) under the HKIAC Arbitration Rules in force at the time the arbitration is commenced: (a) this Agreement or any Product Terms, including their existence, validity, subject matter, interpretation, performance, breach, negotiation, termination, enforceability or consequences of invalidity; (b) your relationship as a user with\n \n BitradeX\n \n (and/or any of its affiliates) (whether based on contract, tort, statute, fraud, misrepresentation or any other legal theory, and whether claims are made during or after the termination of this Agreement); and (c) any dispute relating to any non-contractual obligations arising out of or in connection with this Agreement, any Product Terms or your relationship with\n \n BitradeX\n \n (and/or any of its affiliates). The arbitral award is final and binding. The arbitration clause in this clause survives the termination of this Agreement.\n \n

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\n You and we agree that:\n

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\n (\n i\n ) the law applicable to this clause is the law of Hong Kong;\n

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\n (\n ii\n ) the seat of arbitration is Hong Kong;\n

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\n (\n iii\n ) the arbitration proceedings shall be conducted in English;\n

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\n (\n iv\n ) unless you and we agree otherwise, there shall be one (1) arbitrator, who must have relevant legal and technical expertise;\n

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\n (\n v\n ) if you and we fail to agree on the appointment of the arbitrator within 15 working days after the dispute has entered arbitration, the arbitrator shall be appointed by the HKIAC;\n

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\n (\n vi\n ) the arbitrator may only conduct individual arbitration and may not:\n

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\n 1.\n consolidate claims of more than one individual;\n

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\n 2.\n preside over any form of class or representative action; or\n

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\n 3.\n preside over any proceeding involving more than one individual.\n

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\n \n Any claim you bring arising out of or relating to this Agreement must be commenced in arbitration within one (1) year after the claim arises, failing which the claim will be time-barred and irrevocably extinguished. Being time-barred means that there is no longer any legal right to bring such a claim and no formal legal action may be taken.\n \n

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\n \n Notwithstanding any other provision of this Agreement, you agree that we have the right to apply for injunctive relief (or equivalent emergency legal relief) or equitable relief in any jurisdiction.\n \n

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\n You agree that any dispute arising out of or relating to these Terms of Use:\n

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\n (\n i\n ) relates only to you and\n BitradeX\n ; and\n

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\n (\n ii\n \n ) will be resolved only through individual action and will not be brought as class arbitration, class action or any other form of representative action.\n \n

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\n If any part of this clause is found to be unenforceable or unlawful for any reason:\n

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\n (\n i\n ) only the unenforceable or unlawful part shall be severed/deleted;\n

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\n (\n ii\n \n ) severance of the unenforceable or unlawful part shall not affect the remainder of this clause or the ability of the parties to compel arbitration of any remaining claims under this clause; and\n \n

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\n (\n iii\n \n ) if any claim must therefore be brought in a class, joint, consolidated or representative manner, such claim must be litigated in a civil court of competent jurisdiction, not by arbitration, and the parties agree to stay any such litigation pending the outcome of any individual claims in arbitration.\n \n

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\n 18.4\n Confidentiality.\n \n The parties agree that the arbitration shall be confidential. The existence of the arbitration, the existence or content of any claim, all documents and information exchanged in connection with the arbitration, and any submissions, orders or awards made in the arbitration shall be confidential and may not be disclosed by any party to any third party except the arbitral tribunal, the HKIAC, the parties, their counsel, experts, witnesses, accountants and auditors, insurers and reinsurers, and any other persons necessary for the conduct of the arbitration. Notwithstanding the foregoing, a party may disclose such confidential information where:\n \n

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\n (\n i\n ) the other party has given written consent;\n

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\n (\n ii\n \n ) required by Applicable Law or any regulation of any competent regulatory or supervisory body by which a party is bound or may be bound, or by any order of any court or other authorised body or tribunal of competent jurisdiction by which a party is bound or may be bound;\n \n

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\n (\n iii\n \n ) related to the institution, conduct or defence of any legal proceedings by a party to enforce or challenge any award made in the arbitration; and\n \n

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\n (\n iv\n ) the relevant confidential information has entered the public domain without breach of this Agreement.\n

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\n \n The confidentiality obligations in this clause survive the termination of this Agreement and the conclusion or discontinuation of any arbitration under this Agreement.\n \n

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\n 19.\n General\n

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\n 19.1\n Applicable Law.\n \n By using the Services, your account and the Platform, you and any Authorised User must comply with all Applicable Laws, any relevant licensing requirements and third-party lawful requirements (including data privacy laws, anti-money laundering laws and counter-terrorist financing laws).\n \n

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\n 19.2\n Notices.\n \n After you use the Services, we may send you any notices or communications related to your use of the Services via the email account associated with your account. You are responsible for ensuring that you have provided an accurate and up-to-date email account. A notice sent to your email account shall be deemed received by you regardless of any delivery failure notification.\n \n

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\n \n Any notice, consent or other communication under this Agreement must be in writing, in English and signed or otherwise authorised by the sending party.\n \n

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\n 19.3\n Announcements.\n \n All official announcements, news and events will be published on the Website and/or Platform. These announcements are very important and may involve issues that may affect the value or security of your digital assets. You should check the Website regularly, read and carefully consider the content of announcements.\n \n

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\n 19.4\n Entire Agreement.\n \n This Agreement and any applicable Product Terms constitute the entire agreement between you and\n \n BitradeX\n \n regarding the Services. The parties acknowledge that, except as expressly set out in this Agreement or any Product Terms, neither party has relied on any statement, representation, warranty or guarantee (whether made negligently or innocently) and has no rights or remedies in relation thereto.\n \n

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\n 19.5\n Assignment.\n \n You may not assign or transfer any of your rights under this Agreement or delegate all or any part of your obligations under this Agreement without our prior written consent. However, we may at any time assign or transfer any of our rights or obligations under this Agreement to any other person, including without limitation in connection with any merger, acquisition or other corporate reorganisation involving\n \n BitradeX\n .\n

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\n 19.6\n Severability.\n \n If any provision of this Agreement is at any time illegal, invalid or unenforceable, the legality, validity or enforceability of the remaining provisions shall not be affected or impaired in any way.\n \n

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\n 19.7\n Records.\n \n Subject to Applicable Law, you agree that BitradeX may record any communications between us and you relating to this Agreement without further disclosure or your consent, including communications for the purpose of giving instructions or conducting transactions. Any records maintained by us shall constitute evidence of communications between you and us. You agree that we may use call recordings, transcripts, message records or other communication records to ensure our compliance with Applicable Law, to provide customer support, to handle any disputes relating to this Agreement, and for any other purpose not prohibited by Applicable Law. Such records shall be the proprietary property of\n \n BitradeX\n \n . BitradeX may also disclose such call recordings, transcripts, message records or other communication records to any applicable regulatory authority, law enforcement agency or specialised body (including tax authorities), or as otherwise required by Applicable Law.\n \n

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\n 19.8\n Language.\n \n This Agreement may be translated into languages other than English. Any such translation is provided for your convenience only. In the event of any inconsistency or ambiguity, the English version shall prevail.\n \n

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\n 19.9\n Third-Party Rights.\n \n Except as relates to affiliates, nothing in this Agreement shall be construed as conferring any legal or equitable right, remedy or claim on any person other than the parties to this Agreement. This Agreement is binding only on the parties to it and their successors and permitted assigns.\n \n

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\n 19.10\n Survival.\n \n All provisions in this Agreement that by their nature survive the expiry or termination of this Agreement shall remain binding after termination or expiry.\n \n

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\n 19.11\n Relationship of the Parties.\n BitradeX\n \n is not your agent for the performance of this Agreement. This Agreement shall not be construed as evidence of any association, joint venture, partnership or franchise between the parties.\n \n

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\n 19.12\n Digital Assets.\n \n We record the quantity and type of digital assets credited to your account in our records.\n \n \n These digital assets are not stored on-chain in separate wallets from digital assets held by other users or digital assets maintained by\n \n BitradeX\n \n for business purposes. An internal ledger is used to record the quantity and type of digital assets to which customers are entitled. Each user will have an off-chain ledger-based account or sub-account with a unique identifier (UID) and associated login credentials, which records the credited balance of the relevant user.\n \n BitradeX\n \n is not a trustee of any digital assets credited to you and has no fiduciary duty in respect of any digital assets credited to you. When you instruct us to transfer or otherwise deal with digital assets, we will not use any specifically identifiable digital assets to carry out such instructions.\n \n \n Subject to this Agreement,\n \n BitradeX\n \n will use digital assets of the same quantity and type as those deposited into your account when executing your instructions. You will be entitled to digital assets of the same quantity and type as those credited to your account.\n \n

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\n 19.13\n Force Majeure.\n \n We shall not be liable for any failure or delay in performing any obligation required under this Agreement where such failure or delay is due to factors beyond our reasonable control, including but not limited to labour disputes, strikes, lockouts, shortages or unavailability of energy, raw materials or supplies, war, terrorism, riot or epidemic.\n \n

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\n 19.14\n Waiver.\n \n Any delay or omission by BitradeX in exercising any right or remedy under this Agreement shall not be construed as a waiver of such right or remedy or of any other right or remedy under this Agreement. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.\n \n

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\n 19.15\n Set-Off.\n \n In addition to any other rights or remedies provided in this Agreement or at law, we may set off any amounts you owe us under this Agreement or any other terms. Unless otherwise provided by Applicable Law, you must pay all amounts owed to us without any set-off, counterclaim, deduction or withholding.\n \n

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\n 19.16\n Privacy.\n \n If you obtain information about other users through the Platform or in connection with the use of the Services, you must keep such information confidential and use it only in connection with the Services and in accordance with Applicable Law. You may not disclose or distribute any user information to third parties, or use it in any way, except as reasonably necessary to complete a transaction.\n \n

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\n 19.17\n Death of Account Holder.\n \n In the event of your death or incapacity, or if we have reason to believe that you have died, we may freeze your account. Your account will be frozen until (i) your estate representative or beneficiary successfully completes a succession application in accordance with BitradeX’s requirements (which may be updated from time to time without notice) to receive the assets in your account; or (ii) you provide sufficient proof that you have not died.\n \n

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\n \n Any transfer of assets to your account under this clause is subject to the restrictions of Applicable Law and this Agreement. We make no commitment or warranty as to any specific timetable for transferring assets to a credited account.\n \n

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\n 19.18\n Taxes.\n \n You are responsible for determining whether any taxes (if any) apply to payments you make or receive, and for reporting and remitting the correct tax to the relevant tax authorities.\n \n BitradeX\n \n is not responsible for determining whether any taxes apply to your use of the Services, nor for reporting or remitting any taxes arising from any transaction or use of the Services.\n \n

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\n \n You acknowledge that we may report certain transactions conducted on the Platform to the relevant tax authorities.\n \n BitradeX\n \n may, at its sole discretion or as required by Applicable Law, provide you with additional information for the calculation of any taxes. We may also, at our sole discretion, withhold and deduct any taxes required by Applicable Law at source.\n \n