Terms of Service

Last revised: 6th December 2020

These Terms of Service (hereinafter referred to as 'these Terms') are entered into between you ('the User/you') and BlockFinex and set out the use of Blockfinex Services (as defined below).

By downloading, accessing or using any BlockFinex Services you unconditionally accept these Terms as well as our Privacy Policy at https://blockfinex.com/privacy

You are provided access to the BlockFinex Services in accordance with these Terms and any transactions must be in accordance with these Terms. You accept and agree that you are solely responsible for understanding and complying with regulations and law as may be applicable to the use of BlockFinex Services in the jurisdiction within which you reside or access BlockFinex Services.

Please ensure you read these terms carefully before accessing any BlockFinex Services. These Terms constitute a legal agreement between you and BlockFinex and by accessing any BlockFinex Services or initiating any transaction you agree to be bound by these Terms.

We reserve the right to revise and amend these Terms from time to time and will publish any changes on BlockFinex Website. Your continued access of BlockFinex Services is a deemed acceptance of any changes to the Terms.

The Digital Currencies offered are not offered by any financial institution or corporation. You understand and agree that the value of Digital Currencies may fluctuate significantly and there is a substantial risk of economic losses when purchasing, selling, holding or investing in Digital Currencies and their derivatives.

By making use of BlockFinex Services, you understand acknowledge and agree that:

  1. (1) you are aware of transactions of digital currencies may generate derivatives risks;
  2. (2) investment in digital assets may result in partial or total loss of your investments;
  3. (3) you assume all risks related to the use of BlockFinex Services and transactions of Digital Currencies and their derivatives;
  4. (4) you shall not hold BlockFinex liable in any manner whatsoever for any such risks or adverse outcomes.

By accessing, using or attempting to use BlockFinex Services, you acknowledge that you accept and agree to be bound by these Terms. If you do not agree to these Terms and changes made to the Terms from time to time, you should refrain from accessing BlockFinex Services.

BlockFinex may restrict or prohibit access to or use of some of BlockFinex Services from certain locations in countries, depending on regulatory requirements. Use of BlockFinex Services by persons or companies located in the USA is prohibited.

BlockFinex may suspend or terminate your account or use of the BlockFinex Services or the processing of any digital asset transaction if at any time it determines in its sole discretion that you have violated these Terms or that provision or the use of BlockFinex Services in your jurisdiction is unlawful.

General

Nothing in these Terms shall be interpreted as facts or evidence of an association, joint venture, partnership, or franchise between BlockFinex and the User.

You may not assign or transfer any right to use BlockFinex Services or any of your rights or obligations under these Terms without prior written consent from BlockFinex, including any right or obligation related to the enforcement of laws or the change of control. BlockFinex may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.

BlockFinex reserves the right to alter, revise, modify, and/or change these Terms at any time. All changes will take effect immediately upon being published on BlockFinex Website. If you do not agree to any such modifications, your only remedy is to terminate your usage of BlockFinex Services and cancel your account.

Definitions

BlockFinex Accounts refer to virtual accounts opened by BlockFinex in order to enable Users to record their usage of BlockFinex Services, transactions, asset changes. BlockFinex Accounts enable Users to access and exercise their rights on BlockFinex

BlockFinex Services refer to an ecosystem and multitutude of services provided to you that are based on blockchain technologies and offered via the BlockFinex website and mobile applications and any other form that may be used . BlockFinex Services include but are not limited to Blockfinex ecosystem components such as Digital Asset Trading Platforms, Blockfinex Info, Blockfinex Launchpad and future novel services to be provided by Blockfinex.

Crypto-to-Crypto Trading refers to exchanges involving exchanging one digital currency for another digital currency.

Digital Assets refers to Digital Currencies, their derivatives and includes other forms of digital assets with a certain value.

Digital Currencies refers to decentralized cryptocurrencies, encrypted or digital tokens that are issued and based on blockchain technology.

Fiat Trading refers to transactions in which Digital Currencies are exchanged for fiat currencies or where fiat currencies are exchanged for Digital currencies.

Users refer to all individuals, legal persons, or organizations that access, download or use BlockFinex or BlockFinex Services and who meet the criteria and conditions set out by BlockFinex.

General Provisions

These Terms constitute a legally binding agreement between you and BlockFinex and govern your access to and use of the BlockFinex Platform. Before using the BlockFinex Services offered you should read these Terms carefully as they affect your legal rights and obligations.

These Terms between you and BlockFinex do not cover all rights and obligations of each party, and do not cater for every eventuality with needs that may arise from future development of BlockFinex Services. Any policies and agreements entered into separately between you and Blockfinex are deemed supplementary terms that are an integral part of these Terms and carry the same legal effect. Your continued use of and access to Blockfinex Services is your deemed acceptance of any supplementary terms.

BlockFinex may change or modify these Terms from time to time. Users will not be sent an individual or separate notice of such changes. BlockFinex will notify Users of amendments or changes to these Terms by updating the Terms on its website and updating the date of the Last revised date displayed.

The amended Terms will take effect immediately upon an announcement on the website. You should browse the website regularly and follow information on the time and content of amendment made to these Terms. Any continued use of Blockfinex Services by yourself is deemed acceptance of any modification/amendment to these Terms. If you do not agree to any changes to these Terms, you must stop using Blockfinex Services immediately. If you continue to use BlockFinex Services, this shall constitute deemed acceptance and agreement to be bound by any modified/amended Terms.

Blockfinex reserves the right to choose markets and jurisdictions to conduct business, and may restrict or refuse, in its discretion, the provision of blockfinex. services in certain countries or regions.

About BlockFinex

BlockFinex is an online platform for Digital Assets trading. Users are required to register and open an account with BlockFinex, and deposit Digital Assets into their account prior to trading.

Where as we make every effort to ensure the nformation given is correct, we do not make any representations and/or warranties as to the accuracy or completeness of the information and any other information /product/services made available by BlockFinex. We exclude liability in respect of any decisions you make in reliance on the content. BlockFinex shall not under any circumstances be liable for any loss or damage that may be caused directly or indirectly by your use or reliance on BlockFinex Services.

BlockFinex does not provide financial advice of any kind. All Users of BlockFinex Services understand and agree that the value of Digital Currencies may fluctuate significantly and there is a substantial risk of economic losses when purchasing, selling, holding or investing in Digital Currencies and their derivatives. Users are responsible to ensure they exercise diligence and trade in a responsible manner based on their own circumstances.

Your Obligations on Registration

In order to register to use a BlockFinex Account, you must meet criteria for eligibility and you represent and warrant that:

  1. You will provide true, accurate, current and complete information about yourself;
  2. You are a natural person, legal person or organization with full legal capacity to be bound by these Terms and if a natural person, you are at least 18 years of age or of legal age to form a binding contract under applicable laws;
  3. If you are an employee or agent of a legal entity, and enter into these Terms on their behalf, you have the legal right and authorizations to bind such legal entity;
  4. You will not open or attempt to open a BlockFinex Account under any name except your own or use your BlockFinex Account to carry out transactions on behalf of a third party;
  5. You will provide security for transactions carried out through your BlockFinex Account by ensuring sufficient Local Currency or digital currency is in your BlockFinex Account in advance of any transaction;
  6. You will not use a BlockFinex Account for the purpose of violating any applicable laws or regulations, including but not limited to regulations on counter-terrorist financing and anti-money laundering;
  7. You have not been previously suspended or removed from using BlockFinex Services;
  8. You do not currently have a BlockFinex Account;
  9. You are a non-USA User;
  10. You submit and consent to verification of all KYC documentation;
  11. You shall not abuse the functionality of the BlockFinex Account;
  12. You are responsible for all activities that occur under your BlockFinex Account, regardless of whether the activities are undertaken by you or a third party, except to the extent caused by our breach of these Terms;
  13. You are not prohibited from accessing BlockFinex Services under applicable laws

All Users are required to register for a BlockFinex Account at https://blockfinex.com. You must provide your real name, a valid email address , mobile phone number and other information in accordance with the requirements and applicable laws and regulations of relevant jurisdictions. You agree to provide complete and accurate information when opening a BlockFinex Account, and agree to update any information you provide to maintain the accuracy of the information. By registering for a BlockFinex Account you accept these Terms, the Privacy Policy, and any other BlockFinex Rules that may be introduced from time to time.

BlockFinex may refuse, in its absolute discretion, to open a BlockFinex Account for you.

The information you provide must be true and accurate. In the event we cannot contact you using the contact details provided by you, you shall be solely and fully liable for any loss caused to BlockFinex for your use of BlockFinex Services.

Your BlockFinex Account and corresponding password should only be used by the account registrant and you will be responsible for all activities carried out through your account. At no point should you share any details such as username and password which are treated as confidential information. You are responsible for all operations carried out using your account along with your password and any verification codes sent. You are responsible for ensuring you take all necessary measures to ensure the security of your account and all personal/confidential information. If you find that ant any of your details have been compromised or that there is any third party or unauthorised use of your BlockFinex Account you must inform BlockFinex immediately and request that your account is temporarily suspended. BlockFinex does not bear any liability for any loss or consequences that you may sustain as a result of any unauthorized use of your account.

BlockFinex reserves the right to temporarily suspend or cancel the use of BlockFinex Accounts by any person other than account registrant.

Personal information

Your registration of an account with BlockFinex is your deemed agreement to provide personal information for identity verification. BlockFinex collects, uses and shares such information in accordance with our Privacy Policy. The personal information we require to confirm your identity may include but is not limited to: name, date of birth, phone number, email, official identity documentation.

You agree to allow us to keep a record of that information during the period for which your account is active for a period of (3) years after your account is closed

After you have successfully provided all necessary information and completion identity verification to register for a BlockFinex Account, you will be provided with a BlockFinex Account and password that will allow you to use BlockFinex Services, including but not limited to, Crypto-to-Crypto Trading and Fiat Trading.

Useage

You are provided with a non-transferable and non-exclusive, license to access and use BlockFinexServices for your personal use. You must not use BlockFinexServices for resale or commercial purposes, including transactions on behalf of oany third party or entity. Intellectual property rights of BlockFinex remain vested with BlockFinex at all times to the exclusion of all.

Whenever accessing BlockFinex Services you must at all times comply with the requirements of applicable laws and regulations and these Terms. In using BlockFinexServices should not violate public morals, public interests or the legitimate interests of others. You must not at any time in using BlockFinex Services, interfere with, naffect, prohibit or disrupt, other Users from using BlockFinexServices. You agree you will not to use BlockFinex Services for any form of market manipulation regardless of whether or not it is prohibited by law.

You should not attempt to to access any function of the properties, or connect to BlockFinex Services or any BlockFinex servers or any networks/ systems of any BlockFinex Services provided by using any unlawful or prohibited means such as password mining or hacking.

You must not use BlockFinexServices in an unlawful manner or violate any security or authentication measures on BlockFinexServices or any network connected to BlockFinexServices.

You must not use any web crawlers, bots, spiders or other programs, automatic devices, algorithms, scripts or methods, or any processes to access, obtain, copy or monitor any part of the properties, or replicate or bypass the navigational structure of BlockFinex Services in any way whatsoever.

You must not seek to track, look up or track any information in relation to any other Users visitors of BlockFinexServices. The use of any devices, software or programs designed or used to interfere with the operation of or any transaction on BlockFinex Services is strictly prohibited. You should not probe or test vulnerabilities of BlockFinexServices or any network connected to the properties.

You agree and accept that BlockFinex has the right to investigate any alleged, purported or actual breach of these Terms, and its own discretion may solely determine whether you are in breach of these Terms. BlockFinex reserve the right to take any actions under relevant laws/ regulations without prior notice to you. Examples of such actions include, but are not limited to:

Crypto-to-Crypto Trading

Once you have registered and completed identity verification for your BlockFinex Account, you may undertake Crypto-to-Crypto trading on BlockFinex in accordance with these Terms.

At the point you send an instruction of Crypto-to-crypto Trading (an “Instruction”), using BlockFinex Services, your BlockFinex Account will reflect such Instruction which will also be reflected in BlockFinex’s system to match other Users’ Instructions. If your Instruction matches another User’s Instruction either in full or partially, BlockFinex will execute an exchange (a “Transaction”). Upon execution of the Transaction , your BlockFinex Account will show that the Instruction has been completed and closed, or (where relevant) that the Instruction has been partially executed. The Instruction will remain open as ‘uncompleted’ until either it has been executed in full or it has been cancelled. You agree and authorize that in order to execute an Instruction and complete a Transaction, BlockFinex will have temporarily control of the Digital Currencies involved in your Transaction.

You are unable to cancel an Instruction initiated through BlockFinex Services once it has been matched with another Users Order. Once a match has been made, you are at that stage not able to revoke or cancel any authorization to complete the Instruction. In the event your BlockFinex Account does not contain sufficient amount of Digital Currencies to complete an Instruction, BlockFinex reserves the right to complete part of the Instruction to correspond with the amount of Digital Currencies you hold in your BlockFinex Account. Alternatively, BlockFinex may cancel your entire Instruction.

Each Transaction carries a fee payable to BlockFinex which will be deducted. BlockFinex reserves the right in its sole discretion to change the fee payable at any time . You authorize BlockFinex to deduct from your BlockFinex account any fees that you owe under these Terms.

Limitation of Liabilities

BlockFinex will not be liable for any delay or failure to perform as required by these Terms because of any cause or condition beyond BlockFinex’s reasonable control.

To the maximum extent permitted by law, all representations, including without limitation, all warranties, terms, conditions, whether implied or express, including fitness for purpose and usage are fully excluded. We do not warrant the adequacy, currency, accuracy, or completeness of BlockFinex Services or any third-party sites that are linked to the Website, or that the functions provided on the will be uninterrupted, virus, or error-free.

We are not liable for any direct/ indirect, special, incidental, consequential or punitive damages, lost profits, or other damages whatsoever arising in connection with the use of BlockFinex Services. We shall have no liability for any damage caused by errors or omissions in any information, instructions or in connection any actions taken by yourself in using the Website

Subject to the above, except if the result of fraud or wilful or intentional act or omission or a claim for indemnification, our total aggregate liability in contract (including in respect of the indemnity), tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, shall be limited to the transaction fee paid.

Indemnification

You agree to indemnify, defend, and hold us harmless and our Group, subsidiaries, affiliates, partners, directors, officers, employees, contractors, suppliers and agents against any and all costs, expenses, claims, damages, and liabilities related to or associated with your use of the Website and any alleged violation by you of these Terms .

We reserve the right given to defend or settle any claim for which we are entitled to indemnification and you shall provide reasonable co-operation in this regard

Termination of Agreement

Any violation of our system or security may result in liability and we reserve the right to suspend/terminate your BlockFinex Account for any reason at any time without notice. BlockFinex may lock the Digital Assets or funds held where we suspect any account to be in violation of these Terms, our Privacy Policy, or any applicable laws and regulations.

BlockFinex has the right to keep and use transaction data and if required may disclose such information if any BlockFinex Account is subject to official proceedings, criminal investigation or other litigation. As custodian of accounts, in the event of Account suspension/closure arising from fraud investigations, investigations of unlawful action or breach of these Terms, BlockFinex reserves the right to disclose User data/information, any Digital Assets and funds to governmental authorities.

BlockFinex shall has the right to terminate these Terms by cancelling your BlockFinex Account in circumstances where the information you have provided is not true, accurate or correct; where you register for a BlockFinex Account in a third party’s name where you do not accept amended Terms , and in any other circumstances at its sole discretion where BlockFinex deems it should terminate BlockFinex Services.

If a transaction is incomplete during Account termination, BlockFinex shall has the right to inform the counterparty. If BlockFinex becomes aware that any Digital Assets or funds held in your BlockFinex Account are stolen or you are not in lawful possession of them, BlockFinex may place a hold on the funds and your BlockFinex Account until any dispute is finally resolved. You agree that BlockFinex will have no liability or responsibility for any such hold of funds , or for your inability to withdraw Digital Assets or funds or execute trades during the period of any such hold.

Save for where there is a violation of these Terms, a violation of law or termination owing to fraud, once a BlockFinexAccount is closed/withdrawn, any remaining account balance (including charges/ liabilities owed to BlockFinex) will be payable immediately to BlockFinex. Upon payment of all outstanding charges to BlockFinex, Users will have 7 business days to withdraw all Digital Assets or funds from the Account

Disputes

You agree that your access to and use of the Website will be governed by and will be construed in accordance with the law of Seychelles without regard to principles of conflicts of laws. For any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms, you agree that it will be resolved exclusively by Seychelles Court.

Entire Agreement

These Terms constitute the entire agreement between the parties regarding the use of BlockFinex Services and will supersede all prior written or oral agreements between the parties.

In the event that any portion of these Terms is held invalid or unenforceable, such invalidity or enforceability will not affect the other provisions of these Terms, which will remain in full force and effect, and the invalid or unenforceable portion will be given effect to the greatest extent possible.