The Margin Trading User Service Agreement (hereinafter referred to as "this Agreement") is subsidiary to the Service Agreement of the BitMax.io (BTMX.io) (hereinafter referred to as "the Platform") as a supplementary agreement thereof. The definitions of terms in this Agreement shall be consistent with those in the Service Agreement. Terms and conditions in the Service Agreement, including but not limited to those in connection with the rights and obligations of the parties, the rules of service and prohibitions, shall apply to the users of this Agreement.
The Service Agreement and this Agreement as a whole shall constitute the entire agreement between the margin trading services of the Platform and the User (hereinafter referred to as "the parties"). The User ("you") must comply with the Service Agreement and this Agreement and respective announcement from the Platform in using the BitMax platform and the services provided by it ("the Services"). Unless it is otherwise agreed, all other information provided by the Platform or oral/written statements made by staff members thereof are not binding on the Platform or the users thereof; documents such as transaction policies and operational guidelines are intended as guidance only and do not constitute a legally binding agreement between the parties.
[Risk Reminder]: Margin trading involves significant risks. Therefore, if you participate in margin trading on this Website, you should control the risks yourself, assess the investment value and investment risks of digital assets, and assume the economic risks of losing all your investment; you should trade according to your own economic conditions and risk tolerance capacity, and be aware of the risks involved in investing in digital assets. If you engage in margin investment in digital assets, it is possible that you may make a profit and it is equally possible that you may be subject to the risk of sustaining losses. The Risk Reminder hereunder cannot exhaust all the risks involved in margin trading of digital assets. Please be sure to have a clear understanding of this, and remember that the market involves risks and prudent investment is recommended.
The Chinese version of this User Agreement shall prevail.
1. Access Conditions
1.1 The Platform reserves the right to verify your identity at any time for the purposes of complying with the relevant laws.
1.2 We will impose certain trading limits before you are required to undergo customer due diligence (CDD). You agree to cooperate with us in this process and provide all documents/information we may require to verify your identity and business relationships.
1.3 We may freeze any Account in the event that we suspect or have reason to believe that you are engaged in suspicious trading or an other activity or have breached any of the above warranties. This may result in the unwinding of any deal that you may have entered into by then. We expressly state that we will not be held liable for any losses or profits you would have sustained or made as a result of our early closing of your trading positions or your being unable to trade on the web page; and you agree to indemnify us fully against and hold us harmless from any third party litigation resulting from your conduct or our having to close your positions early. Whilst your account is frozen, we will conduct an investigation and may require you to cooperate with such investigation. During the investigation, you will not be able to make deposits into or withdrawals from your Account, nor will you be able to trade via your account. At the end of the investigation, we may, at our sole discretion, decide to close your Account for which we are not required to provide you with any reasons for the same.
1.4 We reserve the right to close your Account at our sole discretion with preliminary notification to you. You will therefore withdraw your orders and close your positions as required by such notice. If you fail to withdraw your orders and close your position at the expiry of the seven-day period, we will force you to do so and return to you the remaining digital currency in your account.
1.5 It is your responsibility to provide us with correct details, including your withdrawal address. We will not be held liable in any manner whatsoever for your failure to receive the digital currency withdrawn that is attributable to any incorrect or outdated information that you provide to us. It is also your responsibility to ensure that all transactions sent by you to the Platform are in a proper form and are denominated in the correct currency. The Platform shall not be held liable for any incorrect transaction in any manner whatsoever.
1.6 It is our responsibility to maintain a proper market order; and as such, we may, at our sole discretion, halt trading on the Website in the event of any market disruption or any other relevant external event. We shall not be held liable for any claimed damages or loss of profits allegedly caused by our halting trading.
2. Intellectual Property
2.1 All intellectual property in and rights relating to all the material used on the Website, including, but not limited to, designs, structures, layouts, graphical images and underlying source codes, shall be owned by the Platform. All rights are reserved.
2.2 You acknowledge that, except as otherwise agreed between the parties hereto in writing, the Web Page and all intellectual property rights therein shall remain owned by the Platform.
2.3 Upon your submitting any content to any public section of the Web Page, including the blogs, bulletin boards, and forums on the Web Page, it shall be deemed that you have granted the Platform with a royalty-free, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, distribute, communicate to the public, perform, display and create derivative works from such content (in whole or in part) worldwide, and to incorporate such content in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also permit any subscriber to access, display, view, store and reproduce such content for personal use.
2.4 Upon your submitting any content to the Website, it shall be deemed that you warrant that you are entitled to and have all necessary intellectual property rights in such content.
3. Privacy Policy
3.1 The Platform respects Users' privacy. The Web Privacy Policy is provided separately and describes how the Platform collects, stores, discloses, and uses information involving your privacy. You agree that the Platform can use your information in accordance with the Terms and Conditions of the Privacy Policy of the Web Page.
3.2 For the purposes of this Agreement, the term "Web Page User Information" refers to information that conforms to laws, regulations and relevant rules and falls into any of the following categories:
a) Personal information provided by a User to the Platform when the User registers with the Web Page;
b) Data that the Platform automatically receives and records from the User's browser or mobile phone client when the User uses the Services provided by the Web Page, participates in activities organized by the Web Page or visits the Web Page, including but not limited to IP addresses, information in the form of web page cookies and web page records requested by the User;
c) User’s personal information legally obtained from business partners by the Web Page;
d) personal information of Users obtained by other Web Pages by legal means.
3.3 The Platform undertakes that:
a) The Platform will not disclose the User's password, name, mobile phone number or any other non-public information to any third party without legal reasons or prior permission from the User;
b) Personal information of the User will be disclosed in part or in whole under any of the following legal circumstances:
i. Where such information is disclosed to the User himself or any third party with the User's consent;
ii. Where such information is disclosed to any administrative, judicial or any other legal third parties in accordance with laws, regulations and other relevant provisions or administrative agency requirements;
iii Other disclosures of such information made by the Platform in accordance with laws, regulations and other relevant provisions.
4. Data Protection
4.1 The Platform may store your relevant data information in a database for internal use only. The Platform will not disclose your information to any third party, unless it is otherwise required by law and specifically instructed to the contrary by you.
5. Third Party Web Pages
5.1 The Platform provides links to third party web pages that have no affiliation or association with the Web Page (although the Platform brands, advertisements or links may appear on such third party web pages), the Platform can send you email messages containing advertisements or promotions (including third-party links). The Platform makes no representations or warranties regarding the quality, suitability, functionality or legality of the materials on the linked third party web pages, or any goods and services provided on such web pages. The provision of such materials is only for your interest and convenience. The Platform will not monitor or investigate third party web pages, and the Platform will not assume any responsibility or obligation for any loss caused by the accuracy of such content or materials, and the opinions expressed in the materials may not be regarded as the Platform's approval, suggestions or opinions.
5.2 Under no circumstances will hyperlinks to any page of the Web Page be created without the prior consent of the Platform. If you have created a link to any page of the Web Page, you confirm that you are responsible for all direct or indirect consequences of such link and will indemnify the Platform against any and all losses, liabilities, expenses or expenses arising from or related to the link.
6. Warranties and Representations
6.1 You hereby confirm and guarantee that:
a) you have been authorized to access and use the Web Page; in particular, the jurisdiction in which you live, hold citizenship or conduct business allows you to use web Services;
b)If you use the Web Page on behalf of or for the benefit of any organization, it is assumed that you have the right to use the Web Page. The organization will be responsible for your actions, including violations of this Agreement;
c) You use the Web Page and Services at your own risk, and you agree that the Platform will not be held liable for any damage or injury caused by your use of the Web Page and service;
d) The information provided on the Web Page is for general reference only and is provided in good faith; However, such information is selected information, and the Platform will not verify all the information. For you, such information may be incomplete or inaccurate; therefore, do not rely on such information until further inquiries are made. such information may not be interpreted as a transaction proposal or service proposal provided by the Platform in a specific way; and
e) The Platform does not guarantee that the use of the Web Page will be free from disturbance or error. In addition, the operation and availability of the system used to access the Web Page, including public telephone services, computer networks and the Internet, are unpredictable and may interfere with or hinder Web Page access. The Platform assumes no responsibility for any such interference that prevents you from accessing or using the Web Page and Services.
6.2 The Platform does not provide any guarantee for the Web Page. Without prejudice to the foregoing, the Platform does not guarantee that the Web Page meets your requirements or suits your purpose. For the avoidance of doubt, the Platform makes no implied conditions or warranties, including but not limited to the warranties of merchant-ability, fitness for a particular purpose, ownership and non-infringement, to the extent permitted by law.
6.3 You represent and warrant that you have access to and the right to use the Web Page for commercial purposes and agree to the Terms and Conditions and to the maximum extent permitted by law, statutory consumer warranties or laws designed to protect non-commercial consumers in any jurisdiction do not apply to the content provided on this Web Page or to this Agreement.
7. Service Performance
7.1 Where you or a third party provides computer equipment and the product relies on any of its features, the Platform assumes no responsibility for the timely operation of the Web Page in an Internet environment.
7.2 Your use of the Services indicates that you confirm and understand that whether the Internet and the Worldwide Web operate in a timely manner is not subject to control by the Platform. You acknowledge that the Platform is not responsible for any perceived slowness in the operation of the Web Page.
7.3 Upon your using the Services, it shall be deemed that you acknowledge that all transactions hereunder are final and irreversible.
7.4 Upon your using the Service, it shall be deemed that you agree that the Platform reserves the right to liquidate any transaction at any time, regardless of whether you are suffering losses or making profits.
7.5 The Platform does not warrant that the Services meet your requirements, that the Services will not be interrupted, that the Services will be timely, safe, or error-free, that the information provided through the Services will be accurate, dependable, or correct, and that any errors or defects will be corrected, that services may be provided at any specific time or place. You take full responsibility and risk of loss as a result of your use of the Services.
8 Compensation
8.1 You agree to indemnify the Platform, its contractors, licensors and their respective directors, officers, employees and agents for any and all claims and expenses (including attorneys' fees) arising out of your use of the Web Page, including, but not limited to, your breach of this Agreement so as to ensure that they are not harmed as a result.
9. Refusal to Guarantee and Exemption
9.1 As a platform of "Internet service provider", the Platform does not guarantee that the information and Services on the Web Page platform can fully meet the needs of Users. The Platform may not be held liable for errors, insults, libels, omissions, obscenities, pornography or desecration that a User may encounter in the course of accepting the the Platform services and using the Web Page.
9.2 In view of the particular nature of the Internet, the Platform does not guarantee that the Services will not be interrupted, nor does it guarantee the timeliness and security of the Services, nor does it assume any responsibility that is not attributable to the Platform. The Platform strives to enable Users to safely access and use the Web Page, but the Platform does not declare or guarantee that the Web Page or its server is free from viruses or other potentially harmful factors. Therefore, Users should use the software recognized by the industry to check and kill any virus in the files downloaded from the Web Page.
9.3 The Platform is not responsible for the failure to save, modify, delete or store information published by the Users, or is the Platform responsible for typographical errors and omissions on the Web Page that are not intentionally caused by the Platform. The Platform has the right but no obligation to improve or correct any omission or mistake in any part of the Web Page.
9.4 Unless expressly agreed in writing, the Platform does not guarantee the accuracy, completeness or reliability of any content information obtained by Users from the Web Page in any way (including but not limited to through or via the Web Page, via a link to the Web Page or download from the Web Page), including but not limited to advertisements, etc. the Platform is not responsible for any products, services, information or materials purchased or obtained by Users as a result of the content and information on the Web Page. The User shall bear the risks arising from using the information and content of the Web Page.
9.5 The comments posted by the User on the Web Page only represent the personal views of the User and do not imply that the Platform agrees with the User’s views or confirms the User’s descriptions. The Platform shall not be subject to any legal liability arising from the User’s comments.
9.6 The Platform has the right to delete all kinds of information that does not conform to laws or agreements on the Web Page, and reserves the right to do so without notifying the Users.
9.7 All notices sent to Users will be delivered by the Platform through official announcements on the Web Page, in-station letters, e-mails, customer service telephone calls, mobile phone messages or regular mail. For messages that are received by User by means other than the Web Page and are purported to show that the User has won any prize or preferential offers, the Platform shall not be held legally liable for such messages.
9.8 The Platform has the right to decide on the termination of the free promotion period by adjusting the fee rates for depositing, withdrawing, and trading according to market conditions.
10 Calculation
10.1 All calculations performed by the Web Page engine and verified by the Web Page are final. As is stated in the preceding section, the Platform does not guarantee uninterrupted or error-free use of the Web Page.
11 Complying with Your Local Laws
11.1 It is your personal responsibility to determine whether and to what extent you will pay to the relevant tax authorities the tax due from any transaction through the Services, after deducting the correct amount. In addition, you agree to comply with all relevant local laws. With regard to preventing the financing of terrorism and countering money-laundering, the Platform voluntarily conducts due diligence, as appropriate, to prevent the risks of money-laundering and terrorist financing and will cooperate with local authorities. When using our Services, you confirm that your actions are legal and correct and that your digital assets and legal tender are not derived from illegal activities. The Platform may, at its discretion or in coordination with local law enforcement agencies, control, restrict or liquidate your accounts and digital assets.
12 General Provisions
12.1 The failure or delay by the Platform to exercise any of the Terms or conditions or any of its rights thereunder shall not be interpreted as our waiver of any right.
12.2 Neither Party shall be held liable for any failure to perform its obligations due to reasons beyond its reasonable control, including natural disasters, riots, wars, malicious acts of sabotage, fires, power cuts and government power.
12.3 If any term or condition in this Agreement is ruled by a court as totally or partially invalid, void, unenforceable or illegal for any reason, the validity and enforceability of the other terms and conditions of this Agreement shall not be affected. Where any provision herein is ruled as unenforceable, you agree that the Platform makes any modification to such provision to the extent permitted by applicable laws to ensure that the intent of such provision is fulfilled.
12.4 The Terms and Conditions of this Agreement and your use of the Services will be governed and interpreted by the laws of Singapore without recourse to its conflict of laws provisions. You irrevocably and unconditionally agree that all disputes or any action arising out of or in connection with this Agreement will be referred to the Singapore International Arbitration Centre for arbitration.
12.5 If any provision of this Agreement is deemed to be unlawful, invalid or unenforceable for any reason, such provision shall be deemed severable and may not affect the legal effect of any other terms and conditions of this Agreement.
12.6 The Terms and Conditions of this Agreement represent both Parties’ complete understanding of the Services, and shall replace all previous understandings and communications between the two Parties in connection with such Services. Any other documents inconsistent with the Terms and Conditions will not be binding on the Platform. You represent and warrant that all information disclosed to the Platform in connection with the Terms and Conditions of Services is true, accurate and complete.