Effective 1st of September, 2019
This User Agreement is entered into by NOAH ARK TECHNOLOGIES LTD, and its affiliates (hereinafter the Company, We, or Us), and you. This User Agreement regulates your use of the btcnextbroker.io website (the Website) and services (the Services) and constitutes a legally binding agreement between the Company and you.
PLEASE READ THIS USER AGREEMENT CAREFULLY AS IT REGULATES OUR BUSINESS RELATIONSHIP. BY USING THE WEBSITE AND THE SERVICES, YOU AGREE TO THIS USER AGREEMENT.
If you do not accept this User Agreement, you shall not access the Website nor use any of the Services.
In order to access the Services, you must create an account and get verified. In order to get verified, you should send us a photo identification document (passport or driver’s license). We collect this information to form a legal agreement with you and to comply with our Know Your Customer and Anti-Money Laundering obligations. We will not sell or transfer your personal identifiable information to any third party other than for the purpose to screen your information against sanctions and regulatory enforcement lists.
We reserve the right to—at any time and without notice—suspend and/or terminate our services in case of violation of this User Agreement, unlawful conduct, or mandatory order from a jurisdictional authority, as well as, freeze, block and/or return funds on such account.
We do not provide services to United States citizens or residents, nor to any country where our services are restricted by law. It is your responsibility to make sure your user of our website and services does not infringe any applicable law to you.
We do not provide services to individuals, citizens or residents of countries under sanctions issued by the United Nations.
You hereby warrant that you are legally capable to enter into this User Agreement. You hereby warrant that any information you provide to us is true and accurate.
You may close your account at any time and, thereby, terminate the services that we provide to you. We may keep your trading history and personal identifiable information for a period of up to 5 years from the date of termination to comply with our Know Your Customer and Anti-Money Laundering obligations.
You are solely responsible for the information associated with your account and anything transactions related to your account. You must maintain the security of your account and promptly notify Us if you discover or suspect that someone has accessed your account without your permission. We recommend that you use a strong password that is used only with the Services.
You will not license, sell, or transfer your account without our prior written approval.
Your Use of the Services
You are hereby granted a personal, non-transferable, non-exclusive, revocable, limited license to use and access the Services and the Content of the Website solely as permitted by this User Agreement. We reserve all rights not expressly granted to you by this User Agreement.
Except as permitted through the Services or as otherwise permitted by us in writing, your license does not include the right to license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services or Content; modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services or Content; or access the Services or Content in order to build a similar or competitive website, product, or service.
We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of the Services will be subject to these Terms, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
Actions You Cannot Take
When accessing or using the Services, you must not publish any information that may endanger or jeopardize other users’ privacy and security. Your account and funds thereto will be blocked/frozen if we determine you have done so. You shall not publish any negative information about Us in any social media, or messaging services. We reserve the right to delete such publications.
Deposits and Withdrawals
We will process your deposits and withdrawals on an “execution-only” basis. We do not advise, guarantee nor act in any fiduciary capacity to you. You are solely responsible for your trading activity, including your deposits and withdrawals.
The applicable fees can be requested via firstname.lastname@example.org.
We only collect personal data that is necessary to form a legal agreement with you to provide you our services and to comply with applicable Know Your Customer and Anti-Money Laundering regulations applicable to Us.
You may amend the information you have provided us at any time.
You may request us to delete your information and deactivate your account at any time. We will delete all the information that is not necessary to comply with applicable Know Your Customer and Anti-Money Laundering regulations applicable to Us.
You may contact us regarding the handling of your information at any time at: email@example.com.
Except to the extent prohibited by law, you agree to defend, indemnify, and hold us, our licensors, our third party service providers and our officers, employees, licensors, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your violation of this User Agreement, (c) your violation of applicable laws or regulations, or (d) your trading activity.
The Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Company, its licensors, and its third party service providers do not warrant that the services are accurate, complete, reliable, current, or error free. The Company does not control, endorse, or take responsibility for any content available on or linked to the services or the actions of any third party or user, including listed tokens. While We attempt to make your access to and use of our Services safe, we do not represent or warrant that our services or servers are free of viruses or other harmful components.
Limitation of Liability
In no event and under no theory of liability, including contract, tort, negligence, strict liability, warranty, or otherwise, will the Company be liable to you for any indirect, consequential, exemplary, incidental, special, or punitive damages, or lost profits arising from or relating to this User Agreement or the services, including those arising from or relating to your trading activity. Access to, and use of, the services is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom. The limitations of this section will apply to any theory of liability, including those based on warranty, contract, statute, tort (including negligence) or otherwise, and even if the reddit entities have been advised of the possibility of any such damage, and even if any remedy set forth herein is found to have failed its essential purpose. the foregoing limitation of liability will apply to the fullest extent permitted by law in the applicable jurisdiction.
Governing Law and Venue
Any dispute arising out of or in connection with this User Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be three. The seat, or legal place, of arbitration shall be London, United Kingdom. The language to be used in the arbitral proceedings shall be English. The governing law of the contract shall be the substantive law of England and Wales.
Changes to this User Agreement
We may make changes to this User Agreement from time to time. If we make changes, we will post the amended User Agreement and update the Effective Date above. If the changes, in our sole discretion, are material, we may also notify you by sending an email to the address associated with your Account or by otherwise providing notice through our Services. By continuing to access or use the Services on or after the Effective Date of the revised User Agreement, you agree to be bound by the revised User Agreement. If you do not agree to the revised User Agreement, you must stop accessing and using our Services before the changes become effective.
Surviving Clauses upon Termination
The following sections will survive any termination of these Terms or of your Accounts: Your Trading Activity, Actions You Cannot Take, Indemnity, Disclaimers, Limitation of Liability, Governing Law and Venue, Termination, and Miscellaneous.
This User Agreement constitutes the entire agreement between you and us regarding your access to and use of the Services. Our failure to exercise or enforce any right or provision of this User Agreement will not operate as a waiver of such right or provision. If any provision of this User Agreement is, for any reason, held to be illegal, invalid or unenforceable, the rest of the User Agreement will remain in effect. You may not assign or transfer any of your rights or obligations under this User Agreement without our consent. We may freely assign these User Agreement.