1. The Services available on the Site may include Digital Currency related products (the “Products”).
Using such Services/purchasing such Products involves significant risk and is NOT suitable for everyone.
Before using the Services/purchasing the Products, you should:
(1) make sure you fully understand the risks and nature of the Services/Products you intend to use/purchase; and
(2) take your own independent review on whether the Services/Products you intend to use/purchase is suitable for you in light of your own financial situation, investment experience, investment objectives and your willingness and ability to bear risks.
If you have any question about the Services/Products available on the Site, you should seek professional advice from your financial and investment advisers.
2. You understand that MATRIXPORT is NOT a broker, agent or investment advisor and has NO fiduciary duty to you in connection with any purchase or investment decision you make, whether such purchasing or investment activities take place on the Site or not. You understand that NOTHING on the Site and NO communication from MATRIXPORT shall constitute our investment advice to you.
As used in this Agreement, the following terms shall have the following respective meanings
1.1 “Digital Currency” shall mean any cryptocurrencies, decentralized application tokens and protocol tokens,
including but not limited to BTC, BCH, ETH, ETC, LTC, EOS, XRP etc.
1.2 “Products”/“Services” shall mean the products/services available on the Site, including but not limited to lending products, trading service and custody service, etc. The Company may, at its sole discretion, adjust or change the products/services available on the Site from time to time.
2.1 You shall register an account (the “Account”) with MATRIXPORT before using the Services. You agree
provide us accurate, up-to-date and truthful information when registering and on an ongoing basis. You
agree to notify us as soon as possible when any of the information provided by you changes. You agree
that you will not register multiple Accounts with MATRIXPORT, unless a writing consent from the Company
2.2 You agree that the Company reserves its right to refuse to open Account for anyone, with or without reason.
2.3. You hereby represent and warrant to the Company as follows, which representations and warranties will be deemed repeated each time you access your Account, use the Services /purchase the Products:
(1) as an individual, you are at least 18 years old and you have the requisite power to form a binding contract and perform your obligations in accordance with the Agreement under applicable laws and regulations;
(2) as a legal person or organization, you have full legal capacity and authorization to enter into this Agreement and your obligations hereunder are binding upon you;
(2) all information in any form provided by you to the Company is accurate, truthful and complete in all aspects, except to the extent that you have provided notice of any change to the Company;
(3) you are not located, established in, or a citizen or resident of any country or area where it could be illegal for you to use the Services provided by the Company (the “Restricted Area”).
(4) your use of the Services provided by the Company does not violate or conflict with any law applicable to you, and/or any contractual restriction binding on or affecting you or any of your assets you use to purchase the Products;
(5) the assets you use to purchase the Products are not the direct or indirect proceeds of any criminal or fraudulent activity;
(6) you are using the Services only for your own benefit and that you are not using the Services on behalf of others or for the benefit of any third parties, unless you have obtained prior written consent from us;
(7) you are not subject to any economic sanctions programs administered or enforced by any relevant country or government or international authority, including but not limited to: the US Department of the Treasury's Office of Foreign Assets Control, the US Department of State, the United Nations Security Council, the European Union, Her Majesty's Treasury, the Hong Kong Monetary Authority or the Monetary Authority of Singapore; and
(8) you fully understand the risks associated with the Services/Products you intend to use/purchase, including but not limited to the fact that such Services/Products are related to Digital Currency, whose market price may fluctuate significantly and may even drop to zero.
2.5 You are solely responsible for the login security of your device and your Account. You agree to take necessary precaution to the security of your Account login credentials and other forms of authentication (if applicable) and you agree not to disclose such information to any third party. Due to the cooperation between MATRIXPORT and our partner BIT.COM (www.bit.com) in KYC and AML compliance, the same login info (including Account ID and password) you used to log in your MATRIXPORT Account will also allow you to log in your BIT.COM Account (and vice versa). Therefore you agree that you will neither share your MATRIXPORT nor BIT.COM login info to any third party. If you suspect any unauthorized or suspicious activity in your MATRIXPORT Account or BIT.COM Account, please contact us and BIT.COM immediately.
3.1 You will be permitted to use the Services upon your successful Account registration. You agree that
Company reserve the right to limit, modify, suspend or even terminate all or part of the Services at any
3.2 You agree and understand that you may not use certain Services/purchase certain Products if you do not have sufficient balance (the “Balance”) in your Account. You may top up your Account by transferring Digital Currencies (you shall make sure the type of Digital Currency is accepted by us beforehand) from your other Digital Currency wallet or by other means supported by us. You agree that any fee caused by or associated with such transfer shall be borne by you.
3.3 You hereby acknowledge and agree that: we are a platform developed to provide one-stop blockchain platform related services, and the Services hereunder may be provided by the Company or its affiliates. Before use any Services/purchase any Products, you have read and understood this Agreement and the relevant agreement and rules applicable to such Services/Products (“Product Agreement”). You understand that in case of any conflict between the terms of this Agreement and the Product Agreement applicable to you, the terms of the applicable Product Agreement shall prevail. You agree to check and review the Agreement, the Product Agreement and other rules and policies announced by the Company for the latest updates regularly and frequently. The Company shall not be responsible for any losses or damages caused by your ignorance of the Agreement, the Product Agreement and any other announcements made by the Company.
3.4 When using the Service/purchasing the Products, you agree that you are solely responsible for all activities or non-activities in your Account.
3.5 You agree that the Company reserves the right to suspend or limit your right to use the Services / purchase the Products. You agree that the Company shall not be held liable to you for any loss or damages resulting from such suspension or limitation.
4.1 You agree to pay the fees (the “Fees”) for the Services/Products in accordance with the applicable fee schedule (the “Fee Schedule”). You agree that the Company shall have the right to adjust the Fee Schedule from time to time in its sole discretion. You hereby agree and authorize the Company to deduct from your Balance any applicable Fees charged to you in accordance with the Agreement, the Product Agreement and the Fee Schedule.
5.1 You agree to comply with all applicable laws and regulations, the Agreement, the Product Agreement
and all other policies, procedures, or rules announced by the Company from time to time. You agree to
check the Site regularly and frequently to view the latest information announced by the Company.
5.2. You shall not use the Services provided by the Company to engage in any activities that violate applicable laws and regulations. You shall not use the Services to:
(1) support, incite or participate in any terrorist activities;
(2) participate in any money laundering activities;
(3) violate or intrude legitimate interests of others, including but not limited to interfering with other Users’ using of the Service; and
(4) participate in any other activities that violate applicable laws and regulations.
5.3 Before using the Services provided by the Company, please confirm that your use of the Services provided by the Company is legal under applicable laws and regulations.
5.4 You agree that you shall fully assume the relevant tax obligations arising from the use of the Services provided by the Company.
5.5 You agree to contact us immediately if you find or suspect any wrongdoing or misconduct by any third party using the Services provided by the Company.
5.6 You should not participate in any activities that may affect the normal operation of the Services provided by the Company and/or the security of the Site.
5.7 You shall not use any method (such as Proxy, Tor, VPN, etc.) to block your Internet traffic and IP addresses or use other technical services that may hide your real Internet connection.
5.8 You shall neither engage in any activities in the name of MATRIXPORT nor use the information on the Site and/or MATRIXPORT’s data without prior written authorization from the Company.
5.9 You hereby represent and warrant that your use of the Services provided by the Company will not negatively affect the Company’s reputation or cause the Company to assume legal responsibility or other penalties, fines and/or sanctions.
5.10 You understand and agree that we will use the email address on record as our primary means of communicating with you. You agree to check your email frequently and keep your email address up-to- date and immediately notify us if there are any changes. The Company is not responsible to you for information obtained through non-official channels of MATRIXPORT. If you have any question related to the truthfulness of information sent in the name of MATRIXPORT, please contact us immediately.
5.11 You hereby agree that the Company shall have the right to investigate any suspect of violation of the Agreement and take the following actions without your consent or prior notice when determining in its sole discretion that there is violation of Agreement by you:
(1) limiting or suspending your access to the Site and the Services; (2) freezing your Account and/or the Balance; (3) publishing such violations on the Site; (4) reporting such violations to the relevant authorities; and (5) taking any other actions permitted under applicable laws and regulations.
6.1 Without duplication of any other rights to recovery or indemnity set forth in the Agreement, you
indemnify and hold harmless the Company, its affiliates, and their respective directors, officers,
employees and agents from and against any claims, actions, proceedings, investigations, demands,
suits, costs, expenses, and damages (collectively, “Losses”, including reasonable attorney’s fee)
out of or related to (1) your violation of the applicable laws and regulations; (2) your breach of the
Agreement; and/or (3) your use of the Services or your conduct in connection with MATRIXPORT.
6.2 TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES PROVIDED BY THE COMPANY OR OTHER ITEMS PROVIDED BY OR ON BEHALF OF THE COMPANY ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ANY AND ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE SITE, THE SERVICES PROVIDED BY THE COMPANY ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (1) ANY INACCURACY, DEFECT OR OMISSION OF PRICE DATA, (2) ANY ERROR OR DELAY IN THE TRANSMISSION OF SUCH DATA, (3) INTERRUPTION IN ANY SUCH DATA, (4) REGULAR OR UNSCHEDULED MAINTENANCE CARRIED OUT BY THE COMPANY OR THIRD PARTY SERVICE PROVIDER AND SERVICE INTERRUPTION AND CHANGE RESULTING FROM SUCH MAINTENANCE, (5) ANY DAMAGES INCURRED BY OTHER USERS’ ACTIONS, OMISSIONS OR VIOLATION OF THE AGREEMENT, AND (6) ANY DAMAGE CAUSED BY ILLEGAL ACTIONS OF OTHER THIRD PARTIES OR ACTIONS WITHOUT AUTHORIZATION BY THE COMPANY.
6.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROFITS, REVENUE, BUSINESS OPPORTUNITIES) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES PROVIDED BY THE COMPANY, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSOBILITIES OF SUCH DAMAGES, EXCEPT TO THE EXTENT THERE IS A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF THE COMPANY’S GROSS NEGLIGENVE, WILFUL MISCONDUCT, FRAUD, OR INTENTIONAL VIOLATION OF LAW.
7.1 You acknowledge and agree that the Company shall have the right to limit or suspend your access to
the Site and the Services, freeze your Account and/or the Balance if (1) we suspect that you have
violated any applicable laws and regulations, the Agreement, the Product Agreement or other policies,
procedures, or rules announced by the Company; (2) we are required to do so by a subpoena, court order,
or other government order; (3) the Account is subject to or related to a pending litigation,
investigation, and/or governmental proceeding; or (4) we notice and suspect that there are some unusual
or unauthorized activities involved with the Account. You agree that the Company shall not be liable to
you for any losses or damages caused by such access suspension or account freezing.
7.2 You acknowledge and agree that the Company shall have the right to immediately close your Account if (1) you request to terminate your Account with MATRIXPORT (however if there is applicable Product Agreement that prohibits such termination request, then you shall have no right to request to terminate your Account with MATRIXPORT until such prohibition is cleared in accordance with the applicable Product Agreement); (2) the information provided by you to us is untruthful, inaccurate or incomplete; (3) you use the Services to engage in illegal activities; or (4) The Company reasonably determine that your Account shall be terminated. 7.3 The closure of an Account shall not affect any rights and obligations incurred prior to the date of Account closure, including but not limited to your obligations to your counterparties (if any), the Fees owed by you to the Company. You agree that the Company shall have the right to directly deduct your outstanding monetary liabilities from your Balance before closing your Account and if there is remaining fund after such deduction, the Company will notify you to withdraw such fund within the time limit set by the Company. You agree that any expenses associated with such withdrawal shall be entirely borne by you.
8.1 Force Majeure. The Company hereby grants you, on the condition that you comply with the Agreement, a
limited, non-exclusive, revocable, non-transferable and non-sublicenseable license to use the Site and
all the other materials made available on the Site. The Company or its licensors retain all rights,
title and interest in and to the Site and all the other materials made available on the Site, including
all source code, object code, data, information, copyrights, trademarks, patents, inventions and trade
secrets embodied therein, and all other rights not expressly granted to you hereunder. Nothing in the
Agreement constitutes a waiver of any of the Company’s rights under the intellectual property laws of
the British Virgin Islands or any other jurisdiction or under any other federal, state, or foreign laws.
8.2 Governing Law. The Company shall not be liable for delays or errors occurring by reason of circumstances beyond its reasonable control, including but not limited to war (declared or undeclared), terrorist activities, acts of sabotage, blockade, fire, lightning, acts of god, national strikes, riots, insurrections, civil commotions, quarantine restrictions, epidemics, earthquakes, floods, hurricanes, explosions and regulatory and administrative actions or delays. In the event of such force majeure, the company shall take reasonable steps to minimize interruptions and loss but shall have no liability caused by or incidental to such force majeure.
8.3 Governing Law. This Agreement shall be governed in all respects by the laws of the British Virgin Islands without regard to conflicts of law principles.
8.4 Dispute Resolutions. In the event you and the Company are unable to settle a dispute regarding the Agreement, such dispute shall be referred to and finally settled on an individual basis in binding arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in effect. Any arbitration shall take place in Hong Kong, subject to the following:
(1) the arbitration tribunal shall consist of three (3) arbitrators; and (2) the language of the arbitration shall be English. The prevailing party shall be entitled to reasonable attorney’s fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
8.5 Assignment. You may not assign or transfer any of your rights or obligations under the Agreement without prior written consent from the Company, including any right or obligation related to the enforcement of laws or the change of control. The Company may assign or transfer any or all of its rights or obligations under the Agreement, in whole or in part, without notice or obtaining your consent or approval.
8.6 Amendments. The Company reserves its right to amend, modify and/or change the Agreement at any time in its sole discretion. Any changes of the Agreement shall immediately take effect once it is published on the Site (unless the effective time is otherwise prescribed). It is your responsibility to regularly check the Site for the latest Agreement before using the Services provided by the Company. If you do not accept any changes to the Agreement, your sole remedy is to request to terminate your Account by notifying us in accordance with Section 7.2 and terminate your use of the Services provided by the Company.
8.7 Delays or Omissions. No delay or omission as to the exercise of any right or power accruing upon any breach by you shall impair the Company’s exercise of any right or power or shall be construed to be a waiver of any breach or acquiescence therein.
8.8 Interpretation. The Agreement shall be construed according to its fair language. The rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting the Agreement.
8.9 Severability. Should any part of the Agreement be determined to be illegal or unenforceable, such determination shall not affect the remaining part of the Agreement.
8.10 Conflict of Terms. In case of any conflict between the terms of the Agreement and the Product Agreement applicable to the User, the terms of the applicable Product Agreement shall prevail.