PLEASE READ THESE TERMS OF SERVICE (TERMS) CAREFULLY. BY CLICKING THE “SIGN UP” OR “OPEN ACCOUNT” BUTTON OR BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS ANDALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.
I. ELIGIBILITY AND PROHIBITION OF USING OUR SERVICES
The Services are intended solely for users who are 18 or older. By accessing or using our Services, you represent and warrant that you are at least 18 years old and have not previously been suspended or removed from the Site or Services. You also represent and understood that you are not eligible to use our services if:
Also, CGCX may not make all of the Services available in all markets and jurisdictions, and may restrict or prohibit use of all or a portion of the Services from such Restricted locations as deemed fit from time to time. The content of this Agreement shall not be excluded from the laws of the country or region under which the user belongs. As a result, if you do not meet these eligibility requirements, do not use our Services.
II. DESCRIPTION OF OUR SERVICES
We provide an online digital asset trading platform to trade spot and other derivatives of digital assets (or also known as cryptographic tokens or digital tokens or cryptographic currency). Traders conduct trading on our platform with each other; CGCX as the platform provider is not a buyer or seller in these trades. Traders must open an account and upload digital assets or available Fiat Currency prior to commencement of trading. Traders may request the withdrawal of their digital asset and Fiat Currency, subject to the limitations as stated in the Terms.
While CGCX has made every effort to ensure the accuracy of the information on our website, the information and content on the website is subject to change without notice and is provided for the sole purpose of assisting users to make independent decisions.
CGCX has taken reasonable measures to ensure the accuracy of the information on the website; however, we do not guarantee the accuracy, suitability, reliability, completeness, performance and/or fitness for purpose of the content of any Services or products available through the website, and will not accept liability for any loss or damage that may arise directly or indirectly from the content or your inability to access the Web site, for any delay in or failure of the transmission or the receipt of any instruction or notifications sent through our platform. CGCX will not have any liability for the use or interpretation of such information.
Users shall prepare devices and bear costs as follows: 1) internet-connected device, including but not limited to computer or other internet-connected terminals; 2) internet-accessing costs, including but not limited to internet fees, rental charges for internet-connected equipments, cellular data fees, etc.
While using the Services, you accept the information services provided by CGCX. You hereby authorise CGCX to send commercial information to you via email, SMS, mailing address. You can opt out such services by changing relevant settings on the website.
You acknowledge and consent that the Services are provided by CGCX according to its current technological capacity and other conditions. While CGCX has made every effort to ensure continuity and security of the Services, we are unable to completely foresee and hedge legal, technological and other risks including but not limited to force majeure, virus, hacker attack, system instability, flaw in third-party services, act of government, etc. that may result in service interruption, data loss and other losses and risks.
When the system platform is unable to operate properly because of the following circumstances and the user is unable to use the services or place order, CGCX assumes no liability for damages, including but not limited to:
For abnormal transactions, market interruption and other abnormal conditions caused by system failure, network failure, DDoS and other hacker attacks and other unexpected factors, CGCX has the right to cancel the abnormal transaction results, and rollback all the transactions of a certain period of time.
Fees may be incurred for part of the Services provided by CGCX to its users. You shall abide by relevant agreements while using such services. CGCX may change the fee models and structures of such services as the case may be. CGCX may also start charging fees on free services. We shall release an announcement or put up a notice on the respective page before the above mentioned changes, modifications are made and starting to charge. You shall stop using the service if you disagree on the above mentioned changes, modifications or paid content.
CGCX shall not ask for any password from its users, nor shall we ask users to transmit any funds, digital tokens to bank accounts, digital token addresses that are not listed on the trading platform. Please do not trust any discount or promotion related information published elsewhere than our Site. CGCX shall not be responsible for any losses caused by transmitting funds, digital tokens to bank accounts, digital token addresses that are not listed on the trading platform.
Transaction abnormality handling: While using the Services, you agree and acknowledge the possibility of discontinuity and disruption of the Services due to connectivity problems of the digital asset networks or other force majeure. Users shall make sure to provide only correct information. CGCX does not assume any responsibility for any losses caused by the above mentioned situations due to users providing incorrect information that result in the inability for CGCX to reach out to its users and explain the handling procedures.
You agree, in accordance with operational and security needs, CGCX may suspend or restrict part of the Services, or start providing additional services. By continuing using the Services, after any changes, additions and deductions of the Services, you continue to agree to the Terms and any other Terms added subsequently.
CGCX has the right to know the real transaction background and purpose of the users who use the product or service of CGCX, users should provide the real, comprehensive, accurate information required by CGCX; if CGCX has reasonable grounds to suspect that the user has provided false trading information, CGCX is entitled to restrict the user from the use of CGCX’s some or all products and services functions temporarily or permanently.
III. RISKS OF TRADING DIGITAL ASSETS
Trading of digital assets involves significant risk. The risk of loss in trading or holding digital assets can be substantial. You should therefore carefully consider whether trading in digital assets or any levered or derivative digital assets is suitable for you in light of your financial condition.
There is no assurance that the CGCX trading market for digital assets will be orderly and stable. You should exercise prudence in trading in digital assets (as well as any other assets). Prices can and do fluctuate on any given moment. Due to such price fluctuations, you may increase or lose value in your assets at any given moment. Any digital asset or trading position may be subject to large swings in value and may even become worthless.
The user of the service shall bear any losses resulting from the user or users transaction instruction errors (including but not limited to price, quantity and other factors). The user shall bear any loss resulting in his/her own fault or error, including but not limited to: not in accordance with the transaction prompts operation, not timely trading operations, forgetting or leakage of passwords, passwords are cracked, and/or the user’s computer is invaded by others.
In the event of a potential loophole in the trading rules that unjustly enriches the user; we will contact the user to recover the gains. The user must effectively cooperate, otherwise, we will take actions, including, but not limited to restrictions on account transactions, freezing account funds, prosecution of the user in a court with right of jurisdiction and other recourse measures. In the event the user does not cooperate, the user will also bear recourse costs.
IV. CREATING AN ACCOUNT
In order to use any of the Services, you must first register by providing your name, email and password, along with affirming these Terms of Service. You agree to not enable anyone to use or direct your account, and to update CGCX of any information change or if your account has been compromised. You are responsible for keeping, protecting and safeguarding any keys, certificates, passwords, access codes, user IDs or other credentials and login information (collectively “Passwords”) that have been provided to you or that are generated in connection with your use of the Services.
If you lose your Passwords, you may not be able to access your account. You agree to notify CGCX immediately about any unauthorised use of your Passwords. CGCX will not be responsible for any liabilities, losses, or damages arising out of the unauthorised use of your Passwords.
Due to CGCX’s nature of being an online trading platform, and to avoid potential security risks, the login password, administration password and any other passwords shall not be set as the same. Relevant responsibilities shall be borne by the users.
The user has the right to choose whether to become the CGCX networks users. If users choose to become CGCX registered users, they can create, modify their nicknames. Usernames and nicknames shall abide by relevant laws and regulations and also in accordance with the network morality. Usernames and nicknames cannot contain any words which are related to insults, threats, obscene abuse and other violations of the legitimate rights and interests of others.
Once the user is registered, and become the user of CGCX network, he or she will is responsible for all activities and events with this username and password after entering the system, and bear all the legal liability directly or indirectly caused by the language and behaviours of the use of this username.
Users who lost their passwords can reset it after being verified through their registered email addresses or phone numbers. You shall immediately report to CGCX if any unauthorised operations or security breaches are found.
V. USERS’ RIGHT AND LIMITATIONS TO USE
We grant you a limited, nonexclusive, subject to these Terms, to access and use the CGCX website and Services, solely for approved purposes as permitted by CGCX. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the CGCX’s agree that:
After termination, your right to use the Services shall be terminated. Under such circumstances, CGCX is no longer obligated to deliver any unprocessed information or unfinished services to its users or any other third parties without direct relationship.
VI. USER OBLIGATIONS
If the user violates the above requirements, the CGCX network has the right to take all necessary measures directly, including but not limited to deleting the content posted by the user, canceling the customers star rating, honour and virtual wealth, pausing or seizing the users account, Illegal gains, and even through the form of action to prosecute the user legal responsibility.
VII. SERVICE FEES
VIII. CHANGE OF SERVICE, INTERRUPTION, TERMINATION, RESTRICTION, FREEZING
IX. COMPLIANCE WITH YOUR LOCAL LAWS
CGCX is licensed, governed and regulated by the Financial Services Authority of Labuan. CGCX will work with local authorities, regarding the prevention of terrorist financing and anti-money laundering (AML), When using our Services, you acknowledge that your actions are in a legal and proper manner and your sources of digital assets and fiat currency are not from illegal activities. CGCX may discretionarily or in coordination with local law enforcement authorities seize, restrict or close-out your account, fiat currency and digital assets.
It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Additionally, you agree to comply with all relevant laws of Labuan, Malaysia.
CGCX’s users’ information in these Terms means information that is in compliance with laws and regulations and conforms to the following scopes：
• Information acquired through other legal channels
CGCX undertakes that:
You shall indemnify CGCX and our agents (if any), employees, officers, directors, affiliates, subsidiaries and successors, and hold them harmless from and against all third-party claims except those resulting solely from CGCX’s breach of these Terms. Similarly, CGCX shall indemnify and hold harmless you and your agents, employees, officers, directors, affiliates, subsidiaries and successors from and against all third-party claims except those resulting solely from your breach of these Terms.
XII. REFUSAL TO GUARANTEE AND DISCLAIMER
XIII. APPLICABLE LAW AND VENUE
These Terms and your use of the Services will be governed by and construed in accordance with the laws of Labuan, Malaysia. You agree that any action at law pursued by you and arising out of or relating to these Terms not subject to arbitration (as set forth below) will be filed only in the People’s Court where CGCX locates and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such court over any suit, action or proceeding arising out of these Terms.
You and CGCX agree to arbitrate any dispute arising from these Terms or relating to the Services, except that you and CGCX are not required to arbitrate any dispute in which either party seeks other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT. You and CGCX agree that you will notify each other of any dispute within thirty (30) days of when it arises, that you will attempt informal resolution prior to any demand for arbitration, that any arbitration will occur in Labuan, Malaysia and that arbitration will be conducted confidentially by a single arbitrator. In any arbitration, the parties will not seek discovery from each other, and the arbitrator shall not allow parties to engage in discovery; rather, each party shall disclose the evidence supporting their positions at some mutually agreeable time and date prior to the final hearing. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by these Terms. You also agree not to participate in claims brought in by a private attorney general or representative capacity, or consolidated claims involving another person, if CGCX is a party to the proceeding. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then that language shall be deemed to have been dropped from these Terms and the remaining obligations relating to arbitration shall continue in full force and effect.
If any provision of this Agreement is deemed to be unlawful, invalid or unenforceable for any reason, such provision shall be deemed to be divisible and shall not affect the legal effect of any other provision.
If you have any complaints, feedback or questions, please contact our Customer Service at [email protected] When you contact us please provide us with your name and email address and any other information we may need to identify you, and the transaction on which you have feedback, questions, or complaints.
These Terms set forth the complete understanding of the parties with respect to the subject matter hereof and supersedes all prior understandings and communications relating thereto. No term or condition of any other document provided to CGCX which is different from, inconsistent with, or in addition to the terms and conditions set forth herein will be binding upon CGCX. You represent and warrant that all information disclosed to CGCX in connection with these Terms are true, accurate and complete.