1. SUBJECT OF THE AGREEMENT
1.1. This Agreement set out the terms and conditions for provision of the Services available to the Customer via the Exchange Platform and/or the Website. You should pass KYC procedures according to the provisions of our AML&KYC policy, to use the Services.
1.2. The following Services are provided by the Company to customers-individuals, who have passed KYC procedure:
1.2.1. Opening and maintaining the Customer’s Trading Room on the Website.
1.2.2. Processing the exchange and trading transactions among and between customers, within the Exchange Platform, to exchange different cryptocurrencies and/or blockchain tokens (hereinafter – the “Virtual Currencies”) with each other.
1.3. In addition to the services provided in clause 1.2 of this Agreement, the following services shall be provided to customers-individuals, that have passed the enhanced KYC measures according to our AML&KYC policy:
1.3.1. Processing the exchange and trading transactions among and between customers, within the Exchange Platform, in order to exchange different Virtual Currencies with each other and/or Virtual Currencies with fiat currencies (Virtual Currencies and fiat currencies hereinafter together or separately referred to as “Assets ”) ;
1.4. Corporate and institutional customers are subjected to enhanced KYC procedure, as per the AML&KYC policy. Special conditions may be applicable to them by signing respective agreement with the Company, however conditions of this Customer Agreement are applicable to them in the part that does not contradict special conditions.
1.5. The trading is carried out through the trading API systems of the Company.
1.6. For the purposes hereof "Exchange" shall mean an exchange of the crypto asset of one type to the crypto asset of another type at the terms and conditions set forth by exchanging parties, which is executed via the Third-party service in respective block-chain network. When you exchange crypto assets, you acknowledge and agree that the Exchange will be processed through the third-party exchange service with additional fees applicable to such Exchange. You acknowledge and agree that the exchange rates information made available via the Services are an estimation only and may differ from prevailing rates available via other sources outside of our Services.
1.7. "Crypto Assets" herein shall be deemed as type of assets which can only and exclusively be transmitted by means of block-chain technology, including but not limited to digital coins and digital tokens and any other type of digital mediums of exchange, such as Bitcoin, Ethereum, Ripple, etc, to the full and absolute exempt of the securities of any kind.
1.8. To be able to use all possibilities and functionality of our Services you shall go through the registration process and create a Jidex Account. "Jidex Account" is a user account accessible after the registration process and via the Services where the user may request to make a crypto assets exchange. User should manage and maintain only one Jidex Account. Users are prohibited from creating multiple accounts. When you create a Jidex Account you oblige to:
- change the password, which is generated by our Services automatically, for a strong password that you do not use for any other websites, online or off-line services.
- provide accurate e-mail, which belongs to you and shall be, therefore, verified. The access to the services provided by the Jidex without verification of the e-mail is not allowed.
- maintain the security of your Jidex Account and promptly notify us if you discover any suspicious activity related to your account.
- agree to pass through AML/KYC procedures, which may be applied to You according to our internal AML/KYC policies. As a part of such procedures, Jidex reserves the right to request additional information and documents, which are aimed without limitation to identify our user and to prove the source of the funds.
- take responsibility for all activities that occur under your Jidex Account.
1.9. The "Floating exchange rate" option herein shall mean an exchange rate mode in which our platform does not guarantee the rate - so it fluctuates in accordance with the market. You acknowledge and agree that the exchange rate information made available via Services for the Floating exchange rate option is an estimation only and may differ from the actual rates available via other sources outside of our Services. To avoid any substantial losses, when a significant disparity between an estimated exchange rate available on the Website and the rate received from a third-party exchange arises, a Floating exchange rate transaction may be failed automatically.
1.10. When using the "Fixed exchange rate" option, your rate gets "locked" for fifteen or twenty minutes, meaning it remains the same irrespective of the changes on the market. You acknowledge and agree that for the Fixed exchange rate option the exchange rate information available on the Website may be different from the exchange rates for the Floating exchange rate option. Jidex cannot guarantee the execution of a Fixed exchange rate transaction in some cases, including, but not limited to the following ones:
- user sent crypto assets more than 15 minutes (20 minutes in case of BTC, XMR, LTC, DCR, EOS, GAS, BNB, VET) after clicking the “confirm & make payment” button when exchanging via the Fixed exchange rate option;
- user sent an amount of crypto assets different from the amount to be sent that was displayed on the Website or did not account for the relevant withdrawal and network fees, thus sending an amount that is too small.
- user sent crypto assets to a previously used one-time address that had been generated for a Fixed exchange rate transaction or a Floating exchange rate transaction. All Fixed exchange rate option addresses are non-reusable.
1.11. In order to perform the Exchange via our Services, our system will automatically generate the particular address, which contains information about the user; (ii) the crypto asset that user wants to exchange and the crypto asset that user wants to receive (jointly - "crypto pair"); and (iii) the recipient address provided by the user (the address where exchanged crypto assets will be deposited). Only Floating exchange rate option addresses are reusable: those addresses can be used to perform an unlimited amount of transactions with the same parameters. If crypto pair and/or recipient address change, a new address will be generated by our system.
1.12. The technical issues arising from your misuse of our services, such as creating incorrect transactions (entering a wrong address both when indicating the recipient address and when sending your crypto assets to us), and other types of user mistakes may be resolved by our technical department when possible. Upon successful resolution of a technical issue, the crypto assets sent incorrectly will be refunded to the user, less all applicable fees.
1.13. Jidex technical department is able to refund only BTC from the Segwit BTC address. No other crypto assets, including but not limited to, LTC, BSV, BCH sent to a Segwit BTC address could be refunded.
1.14. YOU INDEMNIFY AND HOLD JIDEX HARMLESS AGAINST ANY DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OUR SERVICES, INCLUDING BUT NOT LIMITED TO INCORRECT USE OF REUSABLE ADDRESS, INCORRECTLY CONSTRUCTED TRANSACTIONS ETC.
1.15. Jidex does not provide custodial services, which means, we do not store your crypto assets on deposits and balances. In limited cases such as e.g. necessity to carry out AML/KYC procedure, your Exchange may be delayed. YOU HEREBY UNDERSTAND AND ACKNOWLEDGE, THAT ANY DELAYS ARE POSSIBLE; YOU INDEMNIFY AND HOLD US HARMLESS AGAINST ANY CLAIMS, DEMANDS AND DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE EXCHANGE DELAY, WHETHER ORIGINATED FROM OUR FAULT OR NOT.
2. RISKS ACCEPTANCE
2.1. The Company provides an execution-only service and does not advise on the merits of any particular transaction(s) and/or their tax consequences. As a general matter, You should familiarize Yourself with our Risk Disclosure Statement, forming an integral part of this Agreement and contains, in descriptive way, reference to the legal risks and risks associated with trading, and other relevant transactions, with Virtual Currencies. However, the Customer should also be aware of the following, prior to utilizing our Services:
2.1.1. Virtual Currencies can be extremely risky. Each Virtual Currency has a unique feature set which makes it more or less likely to fluctuate in value. In addition, factors beyond the Company’s control may affect market liquidity, for a Virtual Currency, such as regulatory activity, market manipulation, and/or unexplainable price volatility. Blockchain networks may go offline because of bugs, hard forks, or several other unforeseeable reasons. The Company does not assume the risk of losses due to trading and/or due to factors beyond its control, regarding the viability of specific blockchain networks. As a general matter, for the Customer with limited trading experience and low risk tolerance, it is recommended not to engage in active trading. Speculating on the value of Assets is high risk and You should never trade more than You can afford to lose.
2.1.2. Understanding Virtual Currencies requires advanced technical knowledge. Virtual Currencies are often described in exceedingly technical language that requires a comprehensive understanding of applied cryptography and/or computer science, to understand inherent risks. Listing of a Virtual Currency on the Exchange Platform does not indicate approval or disapproval of the underlying technology, regarding any Virtual Currency, and should not be used as a substitute for Your own understanding of the risks specific to each Virtual Currency. We give You no warranty as to the suitability of the Assets, offered for trading/transacting, under these Agreement, and assume no fiduciary duty in our relations with You.
2.1.3. Client(s) accept all consequences of sending Assets to any address. For example, an address may have been entered incorrectly and the true owner of the address may never be discovered, or an address may belong to an entity that will not return Your Assets, or an address belongs to an entity that may return Your Assets but first requires action on Your part, such as verification of Your identity. The transactions may not be reversible. Once You send Assets to an address, you accept the risk whereby You acknowledge that You may lose access to Your Assets indefinitely.
2.1.4. You accept the risk of trading/transacting with Assets, as more details are stated in our Risk Disclosure Statement. In entering into any transaction via Your Trading Room, on the Exchange Platform or on any Your Accounts, You represent that You have been, are, and will be solely responsible for making Your own independent appraisal and investigations about the risks related to relevant transaction(s) and the underlying Assets. You represent that You have sufficient knowledge, market sophistication, and/or experience, based on the professional advice or otherwise, to make Your own evaluation of the merits and risks of any transaction and/or any underlying Asset.
2.2. You are responsible for complying with applicable law(s). You agree that the Company is not responsible for determining whether or which law(s) may apply to Your transaction(s), including tax law. You are solely responsible for reporting and paying any taxes arising from Your use of the Services.
2.3. The Company does not advise on trading risk. If, at any point, the Company and/or its representatives do provide trading recommendations, market commentary, and/or any other information, the act of doing so is incidental to Your relationship with us and imposes no obligation of truth and/or due diligence on behalf of the Company and/or its representatives;
2.4. You should check Your Account (s)’ balances and transaction(s) history regularly. You should report any irregularities or forward any questions You may have, as soon as possible, by contacting Customer Service.
2.5. Virtual Currency blockchains may “fork” (as described below under the heading “Forks”), and we may not support the forked Virtual Currency promptly, or at all.
2.6. You are solely responsible for determining whether any contemplated transaction is appropriate for You, based on Your personal goals, financial status and/or risk appetite.
3. CUSTOMER’S TRADING ROOM, DEPOSITING AND WITHDRAWAL OF ASSETS
3.1. After completing the registration process, You may log into Your Trading Room, on the Website, by entering Your email address and password that You have been provided with, during the registration. The Trading Room contains the information about Your Assets. The Trading Room also provides the possibility to open Account(s) by following simple instructions;
3.2. You can deposit Assets by visiting the Website, logging into Your Trading Room and following the relevant “deposit instructions” within the Trading Room. Your Trading Room will be used to store various Assets as transferred/deposited by You;
3.3. You can request a withdrawal of all or part of the Assets, held within Your Trading Room, at any time, by following the instructions specified within the Trading Room;
3.4. You may withdraw all or part of Your available and unlocked Assets, provided that there are enough Assets left to support any current/pending order/transaction(s) (if any).
4. EXPENSES AND COMMISSIONS
4.1. The Company will not charge any commission for crediting/debiting Assets to/from any Account of the Client. However, You may be charged the commission by the blockchain for Virtual Currencies and/or commission(s) by payment system(s) for fiat currencies. The Customer is advised that the Company doesn’t have any influence on such commissions and shall not pay such commissions on behalf of the Client;
4.2. The Company will charge commission on each exchange transaction, initiated by the Customer (hereinafter – the “Exchange Fee”) . The current Exchange Fees are specified on the Website;
4.3. The Company reserves the right to change and/or modify the Exchange Fees and relevant payment terms, from time to time. Any such changes and/or modifications will be effective upon relevant update on the Website. If You do not agree to the posted changes and/or modifications, You may terminate this Agreement as provided therein. Your first use of Your Cash account, following the posting of any changes and/or modifications to the terms of this Agreement and/or modifications to the Exchange Fee, as updated on the Website, will constitute Your acceptance of all such changes and/or modifications;
4.4. The Company may offer a loyalty program which gives customers different benefits, for example, offer lower Exchange Fees. Conditions of such loyalty programs will be specified on Website or in Trading Room, however are subject to modifications and/or cancelation, by the Company, at any time and at the Company’s sole discretion;
5.5. Exchange Fee will be deducted from the amount purchased by You, from another customer of the Company. You hereby authorize the Company to charge and/or deduct, from your Cash account, any Exchange Fees applicable to the relevant transaction(s), executed by the Client, via the Exchange Platform;
5.6. Exchange Fees are paid by both the buyer and the seller in any given transaction.
5.7. For avoidance of any doubt, the Customer remains liable for all charges/costs/expenses/fees incurred by the Company regarding the Customer’s request (s), claim(s) and/or complaint(s) if such request(s), claim(s) and/or complaint(s) could not be comprehensively satisfied without involving of third parties.
5.8. The Company may change its charges/costs/expenses/fees/conditions, related to loyalty program, without prior notice. All such charges/costs/expenses/fees shall be borne by the Customer, as they incur, or, as the Company in its sole and absolute discretion may determine, and the Customer hereby authorizes the Company to withdraw the amount of any such charges/costs/expenses/fees from the Customer’s Traders Room or Account(s).
6. AML and KYC procedure
6.1. https://whiterussian.studio reserves the right to apply the AML/KYC procedure to particular users, addresses and particular transactions of crypto assets.
6.2. The up-to-date information on the AML/KYC procedures can always be found at (link).
7.1. Prior to your use of the Services and on an ongoing basis you represent, warrant, covenant and agree that:
- you use our Services at your sole option, discretion and risk;
- you are solely responsible for any applicable taxes which may be payable while using our Services;
- you are NOT in, under the control of, or a national or resident of Cuba, Iran, North Korea, Crimea, Sudan, Syria, Bangladesh and Bolivia, as well as any other country subject to United Nations Security Council Sanctions List and its equivalent or United States of America (including all USA territories like Puerto Rico, American Samoa, Guam, Northern Mariana Island, and the US Virgin Islands (St. Croix, St. John and St. Thomas), Japan or a jurisdiction where crypto assets transactions are explicitly prohibited (“Restricted Locations”). JIDEX does not operate in Restricted Locations. JIDEX maintains the right to select the markets and jurisdictions to operate in and may restrict or deny its services to certain countries at any time
- you are at least 16 years old or of other legal age, according to your relevant jurisdiction;
- you agree to pay the fees for Exchanges completed via Services as defined by JIDEX, which We may change from time to time;
- there are risks, associated with Internet-based system, such as the failure of hardware, software, and Internet connections and with the Blockchain Protocol, such as any malfunction, unintended function, unexpected functioning of or attack on the Blockchain protocol;
- you guarantee that your crypto assets belong to you and they are not sold, encumbered, not in contention, or under seizure, and that neither exist any rights of third parties to your crypto assets;
- you shall provide correct information for constructing Exchange (e.g. payin and payout wallet address). Such wallet addresses shall not be associated with terrorism, fraudulent, scam or any type of illegal activity.
7.2. You further represent, agree and warrant, that you will not violate any law, contract, third-party right or commit a tort by accessing or using the Services, and that you are solely responsible for your actions and/or inactions while using our Services. Without prejudice to the foregoing, you represent, agree and warrant, that YOU WILL NOT:
- use our Services or will immediately cease using those if any applicable law in your country prohibits or will prohibit you at any time from doing so;
- use our Services to participate in fraudulent, scam or any type of illegal activity;
- exchange via our Services or attempt to pay-in crypto assets, which are obtained from illegal gambling activities; fraud; money-laundering; or terrorist activities; or any other illegal activities. With our Services the user can only use crypto assets, which are obtained from legal sources;
- provide false, inaccurate, or misleading information;
- attempt to modify, decompile, reverse-engineer or disassemble our software in any way;
- use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data;
- attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorized to access;
- develop any third-party applications that interact with our Services without our prior written consent;
- Encourage or induce any third party to engage in any of the activities prohibited under this Section.
7.3. YOU INDEMNIFY AND HOLD US HARMLESS AGAINST ANY CLAIMS, DEMANDS AND DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA OR LOSS OF ASSETS, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ORIGINATED FROM OR IN ANY WAY CONNECTED WITH INVALIDITY OR BREACH OF ANY OF THE PROVISIONS OF THIS SECTION AND THE ENTIRE TERMS.
8. Information Privacy
8.1. Never share the details of your transaction, including, but not limited to, your JIDEX ID, the transaction hash, recipient address and/or e-mail related to a JIDEX account, with anyone except JIDEX representatives. JIDEX will not request specific information about user accounts, transactions or other personally identifiable data from you unless: (i) the information is requested to help complete a transaction initiated by you; (ii)the information is requested to efficiently process your enquiry; or (iii) it is legally required e.g. in connection with the AML/KYC procedure.
8.2. You should ascertain that your transactions and/or account details are not disclosed by ensuring that you do not knowingly or accidentally share, provide or facilitate unauthorized use of it.
8.3. WITHOUT LIMITING THE FOREGOING, JIDEX SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES INCURRED AS A RESULT OF ANY INFORMATION SUBMITTED TO IT THROUGH THIS WEBSITE OR ANY CONTACT E-MAIL THEREOF OR FOR ITS TRANSMISSION OF INFORMATION TO ANY PERSON(S) OR ENTITY(IES) AS A RESULT OF A REQUEST FOR SUCH TRANSMISSION REASONABLY BELIEVED BY JIDEX TO HAVE BEEN MADE BY SUCH PERSON OR ENTITY.
9. Third-Party Content and Services
9.1. For the purposes hereof "Third-Party Content" shall mean the content provided by third parties, including without limitation links to web pages of such parties, which may be represented on the Website and other Services. At the same time "Third-party service" refers to any platform or network in which crypto assets belong to you or where you are the beneficial owner of crypto assets; and this platform is maintained by a third party outside of the Services; including, but not limited to third-party accounts.
9.2. No control over third-party services. You may be charged fees by the third-party service provider. JIDEX is not responsible for any third-party services' fees. You are solely responsible for your use of the third-party service, and you agree to comply with all terms and conditions applicable to any third-party service.
9.3. The exchange rates discrepancy is at any time possible due to the Third-Party algorithms. YOU INDEMNIFY AND HOLD JIDEX HARMLESS AGAINST ANY DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE AFORESAID EXCHANGE RATES DISCREPANCY WHICH IS BELOW 10 USD.
9.4. While using our Services, you may view Third-Party Content. We do not control, endorse or adopt (unless otherwise expressly stated by Us) any Third-Party Content and shall have no responsibility for Third-Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. In addition, your business dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of Third-Party Content, and your interactions with third parties, is at your own risk.
10. Intellectual Property
10.1. All our intellectual property assets ("IP") including but not limited to all copyrights, trademarks, patents, service marks, trade names, software code, icons, logos, characters, layouts, trade secrets, buttons, color scheme and graphics are protected by local and international intellectual property laws and treaties.
10.2. We hereby grant you a limited, nonexclusive and non-sublicensable license to access and use our IP for your personal use only.
10.3. In any case you may not alter, modify, reproduce, distribute or commercially exploit any materials, including text, graphics, video, audio, software code, user interface design or logos.
10.4. The license granted under this Section will automatically terminate if We suspend or terminate your access to the Services
10.5. In case you upload or share any feedback, suggestion, idea or other information or material ("Content") with us you automatically grant us a worldwide license to use your content. It becomes part of the public domain if it remains on our Website and Services. It can be used for marketing or any other purposes at our sole discretion.
You agree and consent to receive electronically all Communications, that JIDEX may be willing to communicate to you in connection with your JIDEX Account and/or use of our Services. For the purposes hereof “Communications” shall mean all and any communication, agreement, document, receipt, notice and disclosure, which may be from time to time addressed to user by JIDEX. You may withdraw your consent to receive electronic Communications by sending a withdrawal notice to support. If this is a case you waive your right to plead ignorance. If you decline or withdraw consent to receive electronic Communications, JIDEX may suspend or terminate your use of the Services.
12. Limitation of Liabilities
12.1. Except as expressly provided to the contrary in a writing by Us, our Services are provided on an "As is" and "As available" basis. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO OUR SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.
12.2. Except as otherwise required by law, IN NO EVENT SHALL JIDEX, OUR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM JIDEX, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO JIDEX'S RECORDS, PROGRAMS OR SERVICES.
12.3. Exchanges via our Services cannot be cancelled by JIDEX. Therefore, check the details of your exchange details before making such exchange. JIDEX is not responsible for your crypto assets once they have been sent outside of the Services. Moreover, JIDEX doesn’t guarantee the uptime of the exchange.
12.4. To the maximum extent permitted by applicable law, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF JIDEX (INCLUDING OUR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES AND AGENTS), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, JIDEX OR TO THESE TERMS EXCEED THE FEES PAID BY YOU TO JIDEX WITHIN 3 MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY.
12.5. We strive to protect our users from fraudulent and scam activities in the sphere of crypto assets. It is possible, that some crypto assets are purposed for unlawful seizure of the property, or are construed as a fraud, scam or any other activity, recognized by the laws as illegal and/or non-compliant with legal requirements. JIDEX cooperates with law enforcements agencies and other competent authorities in order to determine and disclose such crypto assets. We reserve the right to prohibit and discontinue any Exchanges via our Services with such crypto asset at our sole discretion, without any prior notice to you and without publication of the reason for such decision, whenever this comes to our knowledge. YOU INDEMNIFY AND HOLD JIDEX HARMLESS AGAINST ANY CLAIMS, DEMANDS AND DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ORIGINATED FROM OR IN ANY WAY CONNECTED WITH PROHIBITION AND DISCONTINUATION OF EXCHANGES IN OUR WEBSITE WITH ANY CRYPTO ASSET.
13. No Offer of Securities
13.1. JIDEX takes all possible measures to integrate and exchange those digital coins and digital tokens and other types of digital mediums of exchange only that cannot be classified as “security“ by SEC or other competent national authorities.
13.2. The responsibility for the fact that the crypto asset cannot be treated as “security“lies with the owner of digital token and/or digital coin. JIDEX reserves the right at its sole discretion to prohibit and discontinue any exchanges (as well as any other type of transaction) with the token or the coin if there is any risk or speculations that such token and/or coin can be treated as “security“.
13.3. We follow the best practices to decide whether crypto assets are security or not. However, for the avoidance of any doubt the provisions of this clause shall not constitute or deemed to be construed to constitute any warranty and/or investment, financial, legal or any other professional advice, that any crypto asset that any crypto asset available through our Services is not a security.
14. Termination of the Terms
14.1. We reserve the right to terminate these Terms and delete your JIDEX Account and registration (including your username and password) in the following cases:
- If for any reason We decide to discontinue to provide the Service, by providing at least a 3 (three) calendar days’ notice (which shall be provided by e-mail);
- If We believe that you have breached any of the terms of these Terms, immediately without notice;
- If We decide to terminate our Services, immediately without notice.
15. FINAL PROVISIONS
15.1. The Company may in its sole and absolute discretion from time to time provide information to the Customer on practical aspects of Asset exchange and derivatives trading. Notwithstanding any such information provided by the Company, the Customer acknowledges and agrees that it enters into each exchange or trading transaction of its own free will without reliance on any information provided by the Company and that such exchange or trading order is at its own risk. The Customer shall not be entitled to rely on the Company for advice on the timing or terms of any exchange or trading order. The Customer acknowledges and agrees that the exchange rates vary regularly and may be affected by matters and events outside of the control of the Customer and the Company.
15.2. If you have any indication or suspicion that Your Credentials being lost, stolen, misappropriated, used without authorization or otherwise compromised, you are strongly advised to change your Password. You must contact Customer Service without undue delay on becoming aware of any loss, theft, misappropriation, or unauthorized use of Your Credentials. Regardless of Your notification You shall be liable for any losses as a result and You agree to indemnify and hold the Company, its affiliates, employees, agents, successors and assigns harmless from and against any and all liabilities, losses, damages, costs and expenses, including attorney’s fees, incurred by us arising out of Your failure to fully and timely perform the Your obligations herein or should any of the representations and warranties fail to be true and correct. You also agree to pay promptly to us all damages, costs and expenses, including attorney’s fees, incurred by us arising out of Your failure to fully and timely perform the Your obligations herein.
15.3. The Company does not provide Services to the persons who located at the jurisdictions that are identified by the FATF as high risk and non-cooperative jurisdictions having strategic AML/CFT deficiencies.
16. GOVERNING LAW AND JURISDICTION
16.1. This Agreement, and the rights and obligations of the parties hereto, shall be governed by and enforced in all respects by the laws of the Company’s jurisdiction, without regard to choose of law principles.
16.2. The Customer agrees that any civil action, arbitration or other legal proceeding between the Company or its employees or agents, and the Customer arising out of or relating to this Agreement or the Customer’s Accounts shall be brought, heard and resolv ed only by a court located in Company’s jurisdiction and the Customer hereby waives trial by jury in any such action or proceeding and waives the right to have such proceeding transferred to any other location. No action, regardless of form, arising out of or relating to this Agreement or transactions hereunder may be brought by the Customer more than one year after the cause of action arose.
17. AMENDMENTS AND TERMINATION OF THE AGREEMENT
17.1. The Company has the right to amend or change any conditions of this agreement on Company’s sole decision. It is your responsibility to review this Website and Agreement on a regular basis to be familiar with any changes. If You do not agree with the made changes or amendments, You have the right to refuse from using the Exchange Platform and other Company’s Services and to terminate the Agreement.
17.2. This Agreement shall continue in effect until termination, and may be terminated by the Customer at any time considering the Customer has no liabilities held by or owed to the Company upon the actual receipt by the Company of written notice of termination via registered e-mail, or at any time whatsoever by the Company upon the transmittal of a notice of termination to the Customer via registered e-mail or to the Customers Trading Room available through the Website;
17.3. After receiving a written notice of termination from the Customer, the Company will have 3 (three) banking days for making the counting of possible amounts owed to the Company. If no such amounts are available, the Company will notify the Customer by means of E-Mail about the fact that the Agreement is terminated;
17.4. We may at any time suspend or terminate this Agreement or any of Your Accounts without notice in case:
17.4.1. You breach any condition of this Agreement
17.4.2. You violate or we have reason to believe that You are in violation of any law or regulation that is applicable to Your use of our Services;
17.4.3. We have a reason to believe that You are using any abusive trading strategies as specified in Article 8 of the Agreement;
17.4.4. We have a reason to believe that you are in any way involved in any fraudulent activity (including actions specified in clause 18.104.22.168 of this Agreement), money laundering, terrorism financing or other criminal activity;
17.4.5. The Company is not satisfied with the information obtained through “Know Your Client” verification procedures and the Customer is not willing or refuse to provide any additional information/documentation related to verification of the Customer including proof of address, source of funds etc.;
17.5. We may suspend your Accounts any time if:
17.5.1. We reasonably believe Your Accounts has been compromised or for other security reasons; or
17.5.2. We reasonably suspect Your Accounts have been used or is being used without Your authorization or fraudulently; and we shall notify You either prior to the suspension or, if prior notification is not possible under the circumstances, promptly after the suspension unless we are prohibited by law to notify You.