BTCMEX TERMS OF SERVICE
Thank you for choosing BTCMEX. http://www.btcmex.com is a digital currency trading platform. Use of the Trading Platform and the Services is governed by these Terms.
This Agreement and any other addenda, Terms and conditions apply to your access to and use of the Website http://www.btcmex.com, Mobile Applications, and other Services provided under the supervision of BTCMEX.
In these Terms:
"Agreement" means the Terms and Conditions of use.
"APIs" means Application Programming Interfaces.
"Applicable Law" means all civil and common laws, statutes, subordinate legislation, treaties, regulations, directives, decisions, by-laws, ordinances, circulars, codes, orders, notices, demands, decrees, injunctions, resolutions, rules, and judgments of any government, quasi-government, statutory, administrative or regulatory body, court, agency or association by which any member of the BTCMEX team or you are bound in any jurisdiction applicable to the receipt or performance of the Services.
"BTCMEX Mobile Application" means the Mobile Trading Application developed, published and distributed under BTCMEX supervision (and updated from time to time).
"Intellectual Property Rights" means any registered or unregistered design rights, patents, copyright, database rights, data protection rights, trademarks, service marks, logos, trade names, rights in domain names, rights in undisclosed or confidential information (such as know-how, trade secrets and inventions (whether or not patentable) moral rights and any other similar intellectual or industrial property rights (whether registered or not) and applications for such rights as may exist anywhere in the world.
"Client" means any current registered user of any of the BTCMEX Products/Services.
"Services" means Websites, Mobile Applications and any Services provided by any member of BTCMEX team, including:
(a) the Trading Platform operating at www.btcmex.com;
(b) any downloadable material from BTCMEX Websites;
(c) any information, content or other material published or provided by any member of the BTCMEX team in any way with respect to any subject matter (including any research materials, market data or blogs);
(d) any features, content, or Services from any person that may be ancillary to any of the above.
"Trading Platform" means the Bitcoin-based trading platform on www.btcmex.com and subdomains, Mobile Applications (including the BTCMEX Mobile Application), APIs and other media relating to BTCMEX Trading Platform.
1. ACCEPTION AND MODIFICATION OF TERMS OF SERVICE
1.1 Please read the content of this Agreement carefully, especially the font bold part. If you have any questions about the content of this document or the information on the page, please do not proceed to the next step. Clients can contact us through our support email at firstname.lastname@example.org for more information and ask for explanation of the Terms.By accessing, viewing or downloading information from www.btcmex.com and using the Services provided, you acknowledge that you have read and considered, and you understand and unconditionally agree to be bound, by these Terms.
1.2 BTCMEX may, at any time, amend these Terms. If it does so, the revised Terms will be posted on www.btcmex.com and the company has no obligation to notify you of such amendments. You agree to continue to be bound by any such amended Terms. Any revised Terms will be effective as soon as it is released, and the “latest update” will be listed at the top of this Agreement. If you do not agree to any revised Terms, you have the right to stop using BTCMEX Services.If you continue to use BTCMEX Website, applications or any other Services provided, you automatically agree to the revised Terms.
1.3 BTCMEX provides third-party DApp access Services. The rights and obligations between Clients and third-party DApps shall not apply to this Agreement. We recommend that Clients shall read and understand the third-party DApp Service Terms and conditions before using third-party DApps.
1.4 All content on this Website, for the convenience of users, will be available in multiple languages. In case of conflict or omission, the English content shall prevail.
2. ACCESS CONDITIONS
2.1 This Service is only available to Clients who are 18 years of age or older and have full civil capacity. If you are a person without civil capacity or a person with limited capacity for civil conduct, please inform your guardian and read these Terms and use BTCMEX Services under the supervision of your guardian.
2.2 You must not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
2.3 You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
2.4 You are required to comply with the laws of the country or region in which you belong and you confirm that entering into and performing this Agreement does not violate the laws and regulations of the country or region in which you belong or reside or conduct business.
2.5 BTCMEX may not provide this Service to Client in restricted areas, including USA, Mainland China, Iran, North Korea, Syria.
2.6 It is the users’ responsibility to ensure that all usernames and passwords are kept confidential. If there is a loss or compromise of your username and password, it is your responsibility to notify BTCMEX immediately. Upon being notified, BTCMEX will initiate a reset of your password.
2.7 We may freeze any Client’s Account in case we suspect or have reason to believe you are engaged in suspicious trading or other activity or have breached any of the above warranties. This may result in the unwinding of any trades you have entered into. We expressly exclude any losses or profits you would have made as a result of us closing your trade positions early or you not being able to trade on BTCMEX and you agree to indemnify us completely against any third party action resulting from your conduct or us having to close your positions early. Whilst your Account is frozen we will conduct an investigation and may require you to cooperate with our enquiries. During the investigation stage you will not be able to make deposits or withdrawals to your Account nor will you be able to trade. At the end of the investigation, BTCMEX reserves the right to close your Account for which we are not required to provide you with any reasons.
3. BTCMEX SERVICE
BTCMEX only provides an online trading platform for trading digital assets derivatives. BTCMEX does not participate in any digital asset trading as a buyer or seller, nor does it provide any related Services for legal currency deposit and withdrawal.
3.1 BTCMEX Services
(a) Information Browsing: You can view real-time quotes, transaction information and other information on digital assets on BTCMEX Website or on Mobile Applications provided by BTCMEX.
(b) Digital Asset Trading: You have the right to submit digital asset trading orders and complete digital asset trading through BTCMEX.
(c) Account Usage and Management: You have the right to view the information under your personal Account on BTCMEX Website or Mobile Application, and have the right to use the various digital asset management functions provided by BTCMEX, including but not limited to digital asset deposit and withdrawal, transfer, transaction and other functions, but must comply with the rules stipulated in this Service Agreement.
3.2 User Commitment
You are committed to the following Service rules when using BTCMEX Services:
(a) you have read and accepted the Terms;
(b) you have met the requirements of 2.1-2.6 above;
(c) the information or documents you provide as part of any ID verification process are correct, genuine and up to date;
(d) any digital asset withdrawal address you provide is your own and that you have full control over this address and assets;
(e) you are the legal owner (or an appropriately authorized representative of the legal owner) of the funds you deposit to your BTCMEX Account and that the same funds derive from a legitimate source;
(f) your use of the Services does not constitute a breach of Applicable Law;
(g) you are aware of the risks in using the BTCMEX Services. These risks include the high volatility risk of Bitcoin or any other cryptocurrency itself, and that you may lose all of the funds in your trading Account if the market moves against you;
(h) you will not be involved or initiate any form of market manipulation;
(i) you will not use BTCMEX products and Services for any criminal activity
(j) you will properly use and keep your Account number and login password, fund password, and mobile phone number bound to the registration, mobile phone verification code, Google Authentication code and API. The above Account number, fund password, etc. may not be transferred or handed over to others;
(k) you will not maliciously interfere with the normal proceeding of the digital asset transaction or disrupt the transaction order; you may not use any technical means or other means to interfere with the normal operations of BTCMEX or interfere with the other Clients'use of the Services;
(l) If any dispute arises between you and any other Client in connection with online transaction, you may not resort to any means other than judicial or governmental means to request BTCMEX to provide relevant information.
(m) All taxes payable as well as all fees relating to hardware, software and Services that are incurred by you in the course of using the Services provided by BTCMEX shall be solely borne by you.
3.3 You agree to receive emails and/or messages sent by BTCMEX related to the management and Account operations.
3.4 BTCMEX reserves the right at any time to verify your identity for the purposes of complying with the Hong Kong Anti-Money Laundering and Counter-Terrorist Financing (Financial Institutions) Ordinance (Cap. 615) (AMLO).
3.5 BTCMEX may impose certain trading limits. You agree to cooperate with us in this process and will provide all documentation/information that we may require to verify your identity and the purpose of the business relationship check.
3.6 You agree that any trading or other instructions received or undertaken through your Account are deemed to be final and conclusive, and that BTCMEX may act upon such instructions without any liability or responsibility attached to it. In connection with any APIs offered on or through the Trading Platform, you acknowledge and agree that:
(a) BTCMEX is permitted to share your data with any third parties that possess your unique API key;
(b) BTCMEX may rely and act upon the instructions (including, but not limited to, instructions relating to order placement or the closing of positions) of any third parties that possess your unique API key, and the company accepts no responsibility or liability for any loss occurred;
3.7 You acknowledge that this Service may not be available due to digital currency network connection issues or other irresistible factors. You are responsible for ensuring that the personal data provided to us is accurate. If BTCMEX fails to notify the user of the subsequent processing of the transaction in response to the above-mentioned abnormal situation, the Website will not be liable for any damages.
3.8 You agree that BTCMEX may temporarily discontinue providing or restricting some of the Service features, or provide new features.
4. Trading Rules and Guide
You undertake to comply with trading rules and guide established by BTCMEX for each Service in the course of its transactions with other users through its access to BTCMEX.
5. SERVICE CHARGES
Some of BTCMEX Services are offered on a fee basis. If you use a fee-based Service, please, follow the BTCMEX Fee Rate. If you do not agree to the paid content or any modifications of the Fee Rate, please stop using the Service.
6. Limitation and Exemption of Liability
6.1 You understand and agree that under no circumstance will we be held liable for any of the following events:
(a) loss of income;
(b) loss of transaction profits or contractual losses;
· disruption of the business;
· loss of expected currency losses;
· loss of information;
· loss of opportunity, damage to goodwill or reputation;
· damage or loss of data;
· cost of purchasing alternative Products or Services;
· any indirect, special or incidental loss or damage arising from any infringement (including negligence), breach of contract or any other cause, regardless of whether or not such loss or damage may reasonably be foreseen by us, and regardless of whether or not we are notified in advance of the possibility of such loss or damage.
6.2 You understand and agree that we shall not be held liable for any damages caused by any of the following events:
(a) Where we are properly justified in believing that your specific transactions may involve any serious violation or breach of law or Agreement;
(b) Where we are reasonably justified in believing that your conduct on this Website is suspected of being illegal or immoral;
(c) The expenses and losses arising from the purchase or acquisition of any data, information or transaction, etc. through the Services offered by BTCMEX;
(d) Your misunderstanding of the Services offered by BTCMEX;
(e) Any other losses related to the Services provided by BTCMEX, which cannot be attributed to us.
6.3 Where we fail to provide the Services or delay in providing such Services due to information network equipment maintenance, information network connectivity failures, errors in computer, communications or other systems, power failures, weather conditions, unexpected accidents, industrial actions, labor disputes, revolts, uprisings, riots, lack of productivivty or production materials, fires, floods, storms, explosions, wars, failure on the part of banks or other partners, collapse of the digital asset market, actions by government, judicial or administrative authorities, other acts that are not within our control or beyond our inability to control, or due to causes on the part of third parties, we shall not assume any responsibility for such failure to provide Service or delay in providing Services, or for the resultant loss you may sustain as a result of such failure or delay.
6.4 We cannot guarantee that all the information, programs, texts, etc. contained in BTCMEX are completely safe, free from the interference and destruction by any malicious programs such as viruses, trojans, etc., therefore, your log-into BTCMEX or use of any Services offered by us, download of any program, information and data from BTCMEX and your use thereof are your personal decisions and therefore you shall bear the any and all risks and losses that may possibly arise.
6.5 We do not make any warranties and commitments in connection with any of the information, products and business of any third party Websites (including third-party DApps) linked to www.btcmex.com, as well as any other forms of content that do not belong to us; your use any of the Services, information, and products provided by a third party Website is your personal decision and therefore you shall assume any and all the arising responsibilities.
6.6 You understand and agree that BTCMEX’s Services are provided in accordance with the current state of the art and conditions, and we shall not bear the losses caused by technical problems that are unpredictable or unsolvable by the industry's existing technical strength.
6.7 Any loss caused by the Client's fault shall be borne by the Client. The fault includes but is not limited to: failure to follow the transaction prompt, failure to conduct the transaction in time, forgotten or leaking the password, the password is cracked by others, and the computer used by the user is invaded by others.
6.8 If Client improperly profit from the potential undiscovered vulnerabilities in BTCMEX trading rules, BTCMEX reserves the right to recover losses, and Client are obliged to return improper profit effectively. In this case, the company reserves the right to restrict Account transactions, freeze Account funds, and sue in a court of competent jurisdiction.
7. SERVICE CHANGE, INTERRUPTION, RESTRICTION AND TERMINATION
7.1 BTCMEX reserves the right to make changes to the content of the Service. If Services are changed, it will be announced on BTCMEX Website or Mobile Application, and you agree to waive the right to receive specific notices of Service changes. If you do not agree to any changes of Service, please stop using BTCMEX.
7.2 BTCMEX reserves the right to discontinue or terminate the Services provided to you without notice if any of the following occurs:
(a) The information and document you provide for ID verification is untrue or inconsistent with the information at the time of registration and fails to provide reasonable proof;
(b)You violate the relevant laws and regulations or these Terms;
(c) In accordance with legal requirements or the requirements of the competent authority;
(d) For safety reasons or other necessary circumstances;
(e) BTCMEX has the right to cancel your Account of this Website in accordance with these Terms. This Agreement is terminated on the date of cancellation of the Account.
(f) BTCMEX is entitled to terminate all Services of BTCMEX. This Agreement is terminated on the date of termination of all Services on BTCMEX.
(g) Upon termination of this Agreement, you are not entitled to require BTCMEX to continue to provide any Services or perform any other obligations, including but not limited to requiring the Site to retain or disclose to you any information in the original Website Account or to send any information to you or the third party.
7.3 BTCMEX is entitled to charge in accordance with BTCMEX Fee Rates. BTCMEX reserves the right to discontinue, suspend or terminate the provision of Services if you do not pay in full and on time.
8. INTELLECTUAL PROPERTY
8.1 All intellectual achievements included in BTCMEX Website or Mobile Applications, including, but not limited to, Website logos, databases, Website design, text and graphics, software, photos, videos, music, sounds and any combinations of the aforementioned files, and the intellectual property rights of software compilation, associated source code and software (including small applications and scripts) shall be owned by BTCMEX. You may not modify, copy, transmit or use any of the foregoing materials or content for commercial purposes.
8.2 Upon accepting this Agreement, it shall be deemed that you, on the basis of your own free will, have transferred and assigned exclusively and free of charge to BTCMEX all copyright of any form of information that you publish on BTCMEX Website, including, but not limited to copyrights, distribution rights, lease rights, exhibition rights, performance rights, projection rights, broadcasting rights, information network dissemination rights, shooting rights, adaptation rights, translation rights, compilation rights and other transferable rights that copyright owners are entitled to, and BTCMEX shall have the right to sue for any infringement on such copyright and obtain full compensation for such infringement. This Agreement shall apply to any content that is published by you on BTCMEX and is protected by copyright law, regardless of whether the content is generated before or after the signing of this Agreement.
8.3 You shall not illegally use or dispose of the intellectual property rights of this Website or any other person during your use of the Services offered by BTCMEX. For any information that you publish on BTCMEX, you may not publish or authorize other Websites (or media) to use such information in any manner.
8.4 Your log into BTCMEX or use of any of the Services offered by BTCMEX shall not be deemed as our transfer of any intellectual property to you.
9. EFFECTIVENESS AND INTERPRETATION OF THE TERMS
9.1 Terms of Service is effective when you complete the registration process, obtain the Account number and password on www.btcmex.com or use any BTCMEX’s Service.
9.2 The final interpretation of this Agreement is the property of BTCMEX.