2.1 Buying, selling and investing in cryptocurrencies can be risky. The risk of loss in trading or holding cryptocurrency can be substantial. You should therefore carefully consider whether trading or holding cryptocurrency is suitable for you in light of your financial condition. In considering whether to trade or hold cryptocurrency, you should be aware that the price or value of cryptocurrency can change rapidly, decrease, and potentially even fall to zero.
2.2 The cryptocurrencies market information relating to the past performance of an investment is not necessarily a guide to its performance in the future. The value of investments or income from them may go down as well as up. Like stocks and shares as well, cryptocurrencies are valued from second to second, their bid and offer value fluctuates sometimes widely. The degrees of fluctuation of prices vary significantly and the value of higher volatility funds may change suddenly. The value of investments may rise or fall due to the volatility of world markets, interest rates and capital values or, for investments held in overseas markets, changes in the rate of exchange in the currency in which the investments are denominated. You may not necessarily get back the amount you invested.
2.3 You know and understand cryptocurrency trading also has certain risks which can cause a complete loss to zero. As cryptocurrencies are no official currency and the legal status is still undefined, their legal nature is subject of change under different jurisdictions. Unlike official currencies, which are backed up by governments or other legal entities like the FED, ECB or others, cryptocurrencies are a private currency, generated by all the world. There is no central bank that could take corrective measures to protect the value of the cryptocurrencies at a possible crisis.
2.4 You know and understand cryptocurrency trading could be affected by hackers, change of laws, official restrictions, frauds, technical issues, collapse of infrastructure and many other possible threats.
2.7 If you are unsure about any specific investment or other decision, you should obtain appropriate expert independent advice and assess carefully whether your financial background is suitable for trading cryptocurrencies. Your decisions and investments are subject to your personal responsibility.
3.1 You must be 18 years old or older to register and use our service.
3.2 Only one registration per person is allowed. You must keep your registration information up to date.
3.3 You must choose an email address which gives you frequent access to emails sent to that address, as we need to be able to contact you short notice. You must keep your password confidential.
3.4 You must not, (1) impersonate or try to impersonate another person, (2) disclose your password to anyone else, (3) allow anyone else use your account or (4) use anyone else's account.
3.5 You are responsible for everything done using your account especially all damages may caused. If you think that someone else may have access to, or be using, your password or account, you must inform us as soon as possible by using online support.
3.6 From time to time, we may restrict access to some parts of this site, or this entire site, to users who have registered with us for certain reasons.
3.7 You are obliged to treat your user identification code, password or any other piece of information as part of our security procedures as confidential, and you must not disclose it to any third party. Xbitnex has the right to disable any account, if in our opinion you have failed to comply with any of the provisions of these terms and conditions until proven wrong by the user.
4.1 Xbitnex implements and maintains the highest standards of Know Your Customer (“KYC”) processes and controls as part of our commitment to combating fraud and assisting in the prevention of money laundering and terrorist financing. While our industry is largely unregulated, Xbitnex voluntarily adheres to local and international compliance standards in relation to customer due diligence. To ensure we meet these standards, our customers are required to provide certain personal details and documents when opening a Xbitnex Account (“Identity Verification”). The nature and extent of the Identity Verification required will depend upon which of our supported countries you are resident in, and the deposit and withdrawal limits that you wish to apply to your Xbitnex Account. In certain circumstances, Xbitnex may also perform enhanced due diligence (“EDD”) procedures in relation to your Xbitnex Account. You accept and agree that you will remain subject to such procedures at all times. For identity verification contact our site's online support. You accept and agree that there may be delays in accessing your Xbitnex Account, or in carrying out transactions through your Xbitnex Account, while we undertake any Identity Verification and/or EDD procedures. Retention of information. Xbitnex is required to retain certain information and documentation obtained as part of the Identity Verification and EDD procedures. These requirements apply even when you have terminated your relationship with Xbitnex. We reserve the right to keep such information and documentation for the required period and you accept and agree that information and documentation you provide to Xbitnex may be retained by us, including following the closure of your Xbitnex Account.
4.2 To activate your account and start transacting, you should to transfer funds to your new account by making a qualifying deposit that should be done by one payment. However, internal exchange transactions are not considered while classifying your account as activate accounts. This deposit is only required for new users as a security measure, you will receive the deposit on your account and you will be able to withdraw it instantly. This procedure name is wallet-wallet verification, and it means for you that nobody can access your account and make withdrawal without your permission.
4.3 Xbitnex RESERVES THE RIGHT TO, AT ANY TIME: restrict or suspend your Xbitnex Account when we, in our sole discretion, consider it necessary to carry out further Identity Verification and/or EDD; or terminate your Xbitnex Account if you provide, or we suspect you have provided, false information or refuse to provide information we require for Identity Verification and/or EDD.
5.1 The Xbitnex Exchange is an order book exchange platform for cryptocurrencies that is intended for use by customers with experience in and/or knowledge of similar platforms. Any person using the Xbitnex Exchange does so entirely at their own risk. The Xbitnex Exchange is not offered to customers in all jurisdictions. This section of the Terms applies to you if you access and/or use the Xbitnex Exchange.
5.2 Xbitnex may, at any time and in our sole discretion, refuse any trade, impose limits on the trade amount permitted, or impose any other conditions or restrictions upon your use of the Xbitnex Exchange that we deem necessary. We may, for example, limit the number of open orders that you may establish or restrict trades from certain locations. Xbitnex reserves the right to take such action without prior notice.
5.3 IN ACCESSING AND/OR USING THE Xbitnex EXCHANGE FOR ANY PURPOSE, YOU AGREE AND ACCEPT THAT: all trades executed on the Xbitnex Exchange are executed automatically, based on the parameters of your order instructions, and cannot be reversed. In the case of technical issues affecting Xbitnex’s internal systems, Xbitnex may, where possible and in its sole discretion, take steps to reverse or otherwise amend a trade. By using the Xbitnex Exchange, you accept and agree to all applicable fees; Xbitnex makes no guarantee that the Xbitnex Exchange will be available without interruption; that there will be no delays, failures, errors, omissions or loss of transmitted information; or that any order will be executed, accepted, recorded, or remain open;
6.1 Transaction Refusal. We may refuse to enter into a transaction, or we may terminate a particular transaction or all current transactions that you have outstanding with us, without notice to you: if you fail to make any payment or make payment from a blockchain account from which you are doing so unlawfully; if you fail to provide any material information we have requested or any information or warranty that you have given to us is, or becomes in our opinion, materially inaccurate, incorrect or misleading; in the event of your death or loss of mental capacity; if a serious dispute has arisen between us; if the performance of our obligations under this agreement becomes unlawful; if you terminate this agreement in accordance with clause 7 below; You must notify us immediately if you become aware of any event referred to in this paragraph happening or being likely to happen.
6.2 In the event that we refuse a transaction and where it is lawful to do so, we will purchase at the prevailing market rate, the equivalent in your chosen cryptocurrency with the gross value of your deposit less any expenses, premiums, commissions or other fees incurred by us. The balance will then be sent to your Default Address. In the event that we incur a loss on the transaction, you will be liable to pay us the full amount of that loss.
6.3 You acknowledge that under certain rare circumstances, we may be obligated to freeze your account completely and retain any funds that we are holding on your behalf pending further investigation.
6.4 You acknowledge that the amount of any loss realized on the termination of a transaction is a debt payable by you and agree that we may immediately deduct the total amount of any loss (together with any expenses, premiums, commissions or other fees incurred by us) from any funds we are holding for you, including any monies you have paid to us in relation to any transaction. If the amount we are seeking to recover exceeds the amount of any funds held by us on your behalf, you agree to pay the balance within 7 days of being notified of the total amount due.
6.5 We will not pay you any profit arising from the termination of a transaction in any circumstances.
6.6 You agree that we may charge you interest on any sum that remains payable to us after we terminate any or all of your transactions at a rate of 5% per. Interest will accrue and will be calculated daily and be compounded monthly from the date payment was due until the full payment is received by us from you.
6.7 If we refuse or terminate a transaction and where it is lawful to do so, we will send you a written statement explaining the amount of any sums that may be payable to us and the amount of any sums being withheld by us.
7.1 External fees. Every cryptocurrency transaction must be added to the blockchain, the official public ledger of all completed transactions, in order to be considered a successful and valid transfer. The work of validating transactions and adding them to the blockchain is done by miners, which are powerful computers that make up a portion of the network and confirm its transactions. Miners spend vast amounts of computing power and energy doing this for a financial reward: with every block (a collection of transactions) added to the blockchain comes a bounty called a block reward, as well as all fees sent with the transactions that were confirmed and included in the block. For this reason, miners have a financial incentive to prioritize the validation of transactions that include a higher fee. For someone looking to send funds and get a quick confirmation, the appropriate fee to include depends on the cryptocurrency being sent and can vary greatly, depending on a number of factors, such as transaction size and network conditions. Your wallet will automatically calculate the appropriate fee for sending your chosen cryptocurrency. The fee for sending ether is static (you can view the fee for sending ether by clicking “Send” and selecting Ether as the currency), while the fees for sending bitcoin, bitcoin cash, and stellar are dynamic and will be calculated by your wallet after you input the amount you want to send. This article explains bitcoin transaction fees in greater detail.
7.2 Internal fees. The Our Digital Exchange shall enable matching of buy and sell orders between Users. The latest information on the time for settlement of any transactions and the costs and fees associated with transactions shall be as published on our Site from time to time. According to our rules, for each user there is a mandatory commission for all deposits, and for all withdrawals (1%). We trade at a variable percentage above market rate to cover our operating costs and to allow our vendors to make a profit. The trade-off for this is ease of use and the speed of the service - we're not the cheapest, but we try to be the best! Everything depends on the loading of our system and the magnitude of the operation.
7.3 Collection-Related Costs. If you fail to pay fees or any other amounts owed to Payward under these Terms and Payward refers your account(s) to a third party for collection, then Payward will charge you the lesser of an 18% collection fee or the maximum percentage permitted by applicable law, to cover Payward's collection-related costs.
7.4 At the first withdrawal of funds, users must pay a tax of 18% of the amount of your withdrawal. (One-time)
8.1 ACCOUNT SECURITY. Xbitnex TAKES SECURITY VERY SERIOUSLY AND THE MEASURES WE HAVE IN PLACE TO PROTECT YOUR Xbitnex ACCOUNT HOWEVER, YOU ARE SOLELY RESPONSIBLE FOR: maintaining adequate security and control over your Xbitnex Account sign-in details, including but not limited to any passwords, personal identification numbers (PINs), API keys, or any other codes associated with your Xbitnex Account; enabling any additional security features available to you, including the activation of two factor authentication on your Xbitnex account; keeping your contact details up to date so that you can receive any notices or alerts we may send to you in relation to security; maintaining security and control over the email mailbox, phone number and two-factor authentication applications or devices associated with your Xbitnex Account;
8.2 Failure to take the above measures, and any other security measures available to you, may result in unauthorised access to your Xbitnex Account and the loss or theft of any cryptocurrency and/or Local Currency balances held in your Xbitnex Wallet or any linked bank account(s) and/or saved credit or debit card(s). Xbitnex shall have no liability to you for or in connection with any unauthorised access to your Xbitnex Account, where such unauthorised access was due to no fault of Xbitnex, and/or any failure by you to act upon any notice or alert that we send to you.
8.3 The security of your Xbitnex Account may be compromised, or interruption caused to it, by phishing, spoofing or other attack, computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment. Xbitnex strongly recommends that you regularly use reputable virus screening and prevention software and remain alert to the fact that SMS, email services and search engines are vulnerable to spoofing and phishing attacks.
8.4 Care should be taken in reviewing messages purporting to originate from Xbitnex and, should you have any uncertainty regarding the authenticity of any communication, you should log in to your Xbitnex Account through the Xbitnex website and not any other domain name or website purporting to be, or to be related to, Xbitnex to review any transactions or required actions. To the maximum extent permitted by applicable law, you accept and agree that you have full responsibility for all activity that occurs in or through your Xbitnex Account and accept all risks of any unauthorised or authorised access to your Xbitnex Account.
8.5 To withdraw funds user need to synchronize an account on our exchange with external wallet address.
8.6 Private keys. Xbitnex securely stores all Supported Cryptocurrency private keys (“Private Keys”) associated with any Xbitnex Account. You accept and agree that Xbitnex shall retain full ownership and control of the Private Keys associated with your Xbitnex Account and that you shall have no control of, access to, or the ability to use, such Private Keys
8.7 FOR EXAMPLE, BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Xbitnex WILL NOT: accept or adhere to any instruction to sign any data with a Private Key; give access to any funds associated with your private keys, other than those of the Supported Cryptocurrency associated with your cryptocurrency wallet; give access to any funds associated with your private keys, other than those of the Supported Cryptocurrency associated with your cryptocurrency wallet;
9.1 While we will do everything we can to provide continuous operations, Xbitnex does not provide any warranty in relation to the availability of the Xbitnex Site or your Xbitnex Account. Without limiting the generality of the foregoing, we do not guarantee continuous access to the Xbitnex Site or your Xbitnex Account and make no representation that the Xbitnex Site, Xbitnex API, your Xbitnex Account and/or any products or services offered therein will be available without interruption; or that there will be no delays, failures, errors, omissions or loss of transmitted information.
10.1 When you use your Xbitnex Account to send or receive cryptocurrency, the transaction must be confirmed and recorded in the public ledger associated with the relevant cryptocurrency network (e.g. the Bitcoin network or the Ethereum network). That cryptocurrency network is solely responsible for verifying and confirming any such transactions. Xbitnex cannot confirm, cancel or reverse transactions on a cryptocurrency network, other than confirming to you that the network has completed the transaction.
10.2 Once submitted to a cryptocurrency network, a transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the network. A transaction is not complete while it is in a pending state. Funds associated with transactions that are in a pending state will be designated accordingly, and will not be included in your Xbitnex Wallet balance or be available to you to conduct transactions; When you send cryptocurrency from your Xbitnex Account, you are authorising us to submit your transaction request to the relevant cryptocurrency network. Once a transaction request has been submitted to the relevant cryptocurrency network, the network will automatically complete or reject the request and neither you or Xbitnex will be able to cancel or otherwise modify your transaction. Cryptocurrency networks are operated by decentralised networks of independent third parties. They are not owned, controlled or operated by Xbitnex so we cannot ensure that any transaction details you submit will be confirmed by the relevant cryptocurrency network. You agree that any transaction details you submit may not be completed, or may be substantially delayed, by the cryptocurrency network used to process the transaction.
10.3 SITE, YOU ACCEPT AND AGREE THAT: Xbitnex is not responsible for the operation of any cryptocurrency network’s underlying software protocols and makes no guarantee as to their availability, security, or functionality; the underlying software protocols are subject to sudden changes in operating rules (known as “forks”), and that such forks may materially affect the value, function, and/or name of any cryptocurrency you store in your Xbitnex Account. Should a fork occur, Xbitnex may, with or without notice to you, temporarily suspend our operations and, in our sole discretion, decide whether or not to support either branch of the forked protocol entirely; in the event Xbitnex decides not to support a branch of a forked protocol, you will not be given access to the assets on that fork. Those assets will be securely held by Xbitnex and we will not buy or sell them.
11.1 Your use of the Xbitnex Site is subject to international export controls and economic sanctions requirements. By undertaking any activity on the Xbitnex Site or through your Xbitnex Account, including but not limited to sending, receiving, buying, selling, storing or trading any cryptocurrency, you agree that you will at all times comply with those requirements. In particular, and without any
11.2 ACCOUNT IF: you are in or under the control of, or resident of, any country subject to United States embargo, UN sanctions, the HM Treasury financial sanctions regime, or if you are on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List, Entity List, or HM Treasury's financial sanctions regime; you intend to supply any acquired or stored cryptocurrency, or transact with people or businesses operating in any country subject to United States embargo or HM Treasury's financial sanctions regime, or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List, Entity List, or HM Treasury's financial sanctions regime. Order to counteract the legalization (laundering) of proceeds from crime, financing of terrorism, as well as the exclusion of risks of user-s who are located in geographical areas with unregulated legislation in the field of cryptocurrencies, the user who is registered less than 3 (three) months on exchange, when balance replenishment, will have to make an insurance payment is 0.1-0.5(depending on the country of residence) BTC (or the same value in other currencies) to the exchange account. Amount will be returned without the commission of the site if no violations will be detected within 14 days. User who is a citizen of the Russian Federation agrees that due to the aggressive policy of this State and the imposition of appropriate international sanctions on it and the Russian Federation's ranking as a high-risk country for illegal financial transactions, he will have to make an insurance contribution to the account provided by the exchange. The same rule is introduced for User-s from another high-risked countries for illegal financial transactions.
12.1 To increase your account level to premium, you must make a corresponding deposit required by the system.
12.2 LET’S LOOK AT SOME BENEFITS OF AN VIP TRADING ACCOUNT: Personal Account Manager. One of the most important VIP benefits, is certainly the client’s exposure to better profitability rates. Higher profitability percentages definitely increase a trader’s chances of being a successful and profitable trader. Option VIP clients have access to personal account managers who are ready to assist them where necessary. These account managers are market professionals who are trained to guide VIP clients in using analytical tools and methods to increase their profitability. Whether you’ve been trading for 5 days or 5 decades, there is always something new to learn about the financial markets! Personal account managers are available to assist VIP clients 24 hours a day, 5 days a week. Fast Processing of Withdrawal Requests. An IQ Option VIP withdrawal is usually processed within one business day! Pretty impressive, isn’t it? VIP clients can also contact their personal account managers to speed up the withdrawal process if necessary. VIP chatroom VIP members get 5-10 signals each day! These signals mirror the same trades our pros are makings with details about which coins to buy, where the ideal entries should be, and where the targets are to exit great profits! VIP Members get EVEN MORE, with inside info, daily market analysis, and access to personal coaching on their trades around the clock. JOIN VIP TODAY to access all of this, PLUS the Exclusive chatroom for Xbitnex Family members! The Xbitnex Team and VIP members are here to help and share with each other. Join the Xbitnex Family Chat to enjoy one of the best crypto communities on the planet.
12.3 Users, the registration period was less than 12 month, which exceeded the size of their account above 0.25 BTC (equivalent amount in other currencies) need to activate Premium status to access the trade/withdraw of funds.
12.4 To maintain your VIP Status or to reach a higher VIP level you must transact a certain amount to merchants or to buy or sell Crypto within the quarter.
13.1 You may close your Xbitnex Account by submitting a closure request via the Help Centre. Xbitnex will action such requests once (i) the sum of all Local Currency and cryptocurrency balances in your Xbitnex Wallet(s) is below the Minimum Closure Amount; and (ii) no transactions have taken place in your Xbitnex Account for a period of at least 30 days. Such requirements are designed to protect you from loss and Xbitnex will not action a closure request until they are satisfied.
13.2 YOU ACCEPT AND ACKNOWLEDGE THAT, ONCE YOUR Xbitnex ACCOUNT IS CLOSED: you will have no further access to it; Xbitnex will be under no obligation to notify you of, or provide to you, any cryptocurrency sent to any receive address associated with your Xbitnex Account; Xbitnex reserves the right (but has no obligation) to delete all of your information and account data stored on our servers, and also reserves the right to retain any information that is required for legal or operational reasons;
13.3 If at the date of closure of your account any Local Currency or cryptocurrency remains in your Xbitnex Wallet(s) (i.e. funds amounting to less than the Minimum Closure Amount), you accept and agree that Xbitnex shall retain such funds and that you shall have no further claim to them. The Minimum Closure Amount shall be USD10.00 or the equivalent in your Local Currency. You accept and agree that Xbitnex shall not be liable to you or any third party in relation to the closure of your Xbitnex Account, the termination of access to your Xbitnex Account, or for the deletion of your information or Xbitnex Account data.
14.1 We reasonably suspect your Xbitnex Account to be the subject of an operational or other error, in which case we may be required to suspend access to your account until such time as the error is rectified; we reasonably suspect your Xbitnex Account has been or is being used in relation to any unlawful, fraudulent or Prohibited Activity, or in breach of these Terms; we reasonably suspect you or your Xbitnex Account is or has been associated with, or poses a high risk of, money laundering, financing of terrorism, fraud, or any other financial crime; we reasonably suspect you of taking any action that Xbitnex considers to be a circumvention of Xbitnex'S controls, including but not limited to opening multiple Xbitnex Accounts; we reasonably suspect your involvement in any attempt to gain unauthorised access to any Xbitnex Account; your Xbitnex Account is or appears to be the subject of any legal, regulatory or government process and/or we, in our sole discretion, consider there to be a heightened risk of legal or regulatory non-compliance associated with your Xbitnex Account; we are compelled to do so by a prima facie valid subpoena, court order, or other binding order of a government or regulatory authority; your name appears on a government or international body sanctions list.
14.2 Xbitnex will make all reasonable efforts to provide you with notice of any decision to restrict, suspend or terminate your Xbitnex Account, unless we are prevented from doing so by any legal or regulatory process or requirement, or where doing so may compromise Xbitnex’s security and/or risk management procedures. You accept and agree that Xbitnex is under no obligation to disclose to you the fact of or reason for any decision to restrict, suspend or terminate your Xbitnex Account, and shall have no liability to you in connection with the restriction, suspension or termination of your Xbitnex Account.
14.3 Account termination. Where Xbitnex elects to terminate your Xbitnex Account in accordance with the above, we shall (except where legally obligated not to) return your available cryptocurrency and/or Local Currency balances to you pursuant to the procedure set out below: Cryptocurrency. If you have an available balance of Supported Cryptocurrency in your Xbitnex Account above the Minimum Threshold, we will liquidate the cryptocurrency and deposit the value realised from the liquidation into your Local Currency wallet. The Minimum Threshold is USD10.00, or its equivalent in any applicable Supported Cryptocurrency calculated on the day on which the liquidation is performed. We will not send your Supported Cryptocurrency to an alternative cryptocurrency wallet address. Any risk of a negative exchange rate fluctuation shall rest with you and you shall have no claim against Xbitnex for any losses you may suffer as a result of the liquidation of your available balance of Supported Cryptocurrency.
15.1 YOU MUST NOT USE YOUR Xbitnex ACCOUNT TO UNDERTAKE ANY OF THE ACTIVITIES OR CATEGORIES OF ACTIVITY SET OUT IN THIS SECTION (EACH A “PROHIBITED ACTIVITY”): violation of any laws, statutes, ordinance or regulations; undertaking, facilitating or supporting criminal activity of any kind, including but not limited to, money laundering, terrorist financing, illegal gambling operations or malicious hacking; abusive activity, including but not limited to: imposing an unreasonable or disproportionately large load on Xbitnex’s infrastructure, or otherwise taking any action that may negatively affect the performance of the Xbitnex Site or Xbitnex’s reputation; attempting to gain unauthorised access to the Xbitnex Site or any Xbitnex Account; transmitting or uploading any material to the Xbitnex Site that contains viruses, Trojan horses, worms, or any other harmful programmes; transferring your Xbitnex Account access or rights to your Xbitnex Account to a third party, unless as required by law or with Xbitnex’s prior consent; paying in to or otherwise supporting pyramid schemes, Ponzi schemes, matrix programmes, “get rich quick” schemes, multi-level marketing programmes or high-yield investment programmes; fraudulent activity, including but not limited to taking any actions that defraud Xbitnex or a Xbitnex customer, or the provision of any false, inaccurate, or misleading information to Xbitnex; transactions involving items that may help facilitate or enable illegal activity; promote or facilitate hate, violence or racial intolerance; are considered obscene; or may be stolen goods or the proceeds of crime; transactions involving TOR markets, online gambling sites or mixers; sale or purchase of narcotics or controlled substances; intellectual property infringement.
15.2 By opening a Xbitnex Account, you confirm that you will not use your account to undertake any of the above-listed Prohibited Activities or any similar or related activity.Activities subject to the prior written approval of Xbitnex. Unless you have obtained the prior written approval of Xbitnex, you accept and agree that you will not use your Xbitnex Account to conduct or operate any of the following business activities or categories of activity: money services, including but not limited to money or cryptocurrency transmission, currency or cryptocurrency exchange or dealing, payment service providers, e-money or any other financial services business; gambling or gaming services; charitable or religious / spiritual organisations; consumer lending services, including but not limited to secured and unsecured loans, cash advances, payday lending; investment funds, asset management, or brokerage services.
15.3 We reserve the right to restrict, suspend or terminate your Xbitnex Account if we suspect, in our sole discretion, that you are using, or have used, your Xbitnex Account in association with any of the activities listed above, or any similar or related activity, without having obtained the prior written approval of Xbitnex.
16.1 The Xbitnex Site, your Xbitnex Account and any related products or services are offered on a strictly “as-is” and “where-available” basis and Xbitnex expressly disclaims, and you waive, all warranties of any kind, whether express or implied. Without limiting the generality of the foregoing, the Xbitnex Site, your Xbitnex Account, and any related products or services are offered without any warranty as to merchantability or fitness for any particular purpose.
16.2 Some jurisdictions do not allow the disclaimer of implied terms in consumer contracts, so some or all of the disclaimers in this section may not apply to you.
17.1 In no event shall Xbitnex, its operating entities or any other affiliates (including their respective directors, members, employees or agents) be liable to you for any direct, indirect, special, consequential, exemplary or punitive damages or any other damages of any kind, including but not limited to loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, whether in contract, tort or otherwise, arising out of or in any way connected with your use of, inability to use, or unavailability of the Xbitnex Site and/or your Xbitnex Account, including without limitation any damages caused by or resulting from any reliance upon any information received from Xbitnex, 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 unauthorised access to Xbitnex’s records, programmes or services.
17.2 In no event will any liability of Xbitnex, its operating entities or any other affiliates (including their respective directors, members, employees or agents) arising in relation to your use of the Xbitnex Site or your Xbitnex Account, exceed (in aggregate) the fees earned by Xbitnex in connection with your use of your Xbitnex Account in the six month period immediately preceding the event giving rise to the claim for liability. The above limitations of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Because some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, some of the limitations in this section may not apply to you.
18.1 You and we agree to notify the other party in writing of any claim or dispute that arises in relation to the Xbitnex Site, your Xbitnex Account or these Terms, within 30 days of such claim or dispute arising. You and we further agree to attempt informal resolution of any Dispute prior to bringing a claim in any court or other body.
18.2 Governing law and jurisdiction. This agreement shall be governed by and construed in accordance with Malta law, subject to any local mandatory rights you may have. You and we agree to submit all disputes, claims or controversies (including non-contractual Disputes, claims or controversies) arising out of or in connection with these Terms, or the breach, termination, enforcement or interpretation thereof (together, Disputes), to the non-exclusive jurisdiction of the courts of Malta.
18.3 Class or representative action waiver. To the maximum extent permissible by law, you and Xbitnex each agree that each may bring any Dispute against the other only in your or its individual capacity, and you and it waive any right to commence or participate in any class action or other representative action or proceeding against the other. Further, where permissible by law, unless both you and Xbitnex agree otherwise, no court may consolidate any other person’s claim(s) with your Dispute, and may not otherwise preside over any form of representative or class proceeding.
18.4 For the avoidance of doubt, if this Class or representative action waiver is found by any court of competent jurisdiction to be invalid, void or unenforceable, the remainder of this Disputes clause shall remain valid and enforceable.
19.1 If for any reason Payward is holding Funds in your Maxybitex Account on your behalf, and Payward is unable to return your Funds to your designated External Account after a period of inactivity, then Payward may report and remit such Funds in accordance with applicable state unclaimed property laws.
19.2 Withdrawal of funds is carried out from the cryptocurrency wallets of our exchange to other cryptocurrency wallets, which are not part of our exchange and are in operation of other payment systems after the procedures of confirming the ownership of the corresponding cryptocurrency wallet from the corresponding user About the right of ownership and synchronization of our exchange with the cryptocurrency wallet to which the User wants to withdraw funds.
19.3 Insurance deposits apply to funds received as a result of various promotions. Promotional offers/Promo program/Promo codes/Bonus program. Such a user is obliged to make a security deposit, depending on the level of his account, as well as the country of residence of the client, since some countries prohibit the use of cryptocurrencies.
20.1 You agree to defend, indemnify and hold harmless Payward (and each of our officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneysʼ fees, arising out or relating to (a) your use of, or conduct in connection with, our Services; (b) any Feedback you provide; (c) your violation of these Terms; or (d) your violation of any rights of any other person or entity. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we wish to settle it. Miscellaneous Entire Agreement; Order of Precedence. These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Services. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with Payward for the Services or for any other Payward product or service or otherwise. In the event of any conflict between these Terms and any other agreement you may have with Payward, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement. Amendment. We reserve the right to make changes or modifications to these Terms from time to time, in our sole discretion. If we make changes to these Terms, we will provide you with notice of such changes, such as by sending an email, providing notice on the homepage of the Site and/or by posting the amended Terms via the applicable Payward websites and mobile applications and updating the "Last Updated" date at the top of these Terms. The amended Terms will be deemed effective immediately upon posting for any new users of the Services. In all other cases, the amended Terms will become effective for preexisting users upon the earlier of either: (i) the date users click or press a button to accept such changes, or (ii) continued use of our Services 30 days after Payward provides notice of such changes. Any amended Terms will apply prospectively to use of the Services after such changes become effective. If you do not agree to any amended Terms, you must discontinue using our Services and contact us to terminate your account. Waiver. Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof. Severability. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect. Force Majeure Events. Payward shall not be liable for (1) any inaccuracy, error, delay in, or omission of (i) any information, or (ii) the transmission or delivery of information; (2) any loss or damage arising from any event beyond Payward's reasonable control, including but not limited to flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction or any other cause beyond Payward's reasonable control (each, a "Force Majeure Event"). Assignment. You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from Payward, including by operation of law or in connection with any change of control. Payward may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval. Headings. Headings of sections are for convenience only and shall not be used to limit or construe such sections.