User Agreement
1.
GENERAL
1.1
General
Before using or accessing websites operated by Gate.io including
www.gate.io
, API located on
https://gate.io/api2
and any services
made
available through the websites, any associated mobile applications and APIs such as
https://gate.io/zendesk
(collectively, the
“
Services
”) any
related
software, forums, blogs, social media pages and other relevant platforms operated or maintained
by
Gate.io (collectively, the “
Sites
”), you must
read
this User Agreement (“
Agreement
”)
carefully
and understand all the terms and conditions, especially for the contents highlighted by
capitalized
terms, italic, bold, underline or color . This Agreement consists of the main body, privacy
policy
(
available here
)
(“
Privacy Policy
”),
as well as any rules, statements, instructions, etc. that this website has published or may
publish
in the future. For the convenience of wording in this Agreement, the Sites, Gate.io and/or any
of
its affiliates, related body corporate are referred to as “we”, “our” “us” or “Site”.
By signing up a Gate.io account, accessing, downloading, using or clicking on “I agree” to accept any Gate.io Services, you agree
that you have read, understood and accepted all terms and conditions stipulated in this Agreement
alongside any other agreements you may be required to accept such as the Privacy Policy, and to be legally bound by these agreements. In
addition, when using some features of the Services, you will be subject to specific additional terms
and conditions applicable to those features.
Please read these terms carefully as they govern your use of Services and access to the Sites. THESE
TERMS CONTAIN IMPORTANT PROVISIONS INCLUDING AN ARBITRATION AND MEDIATION PROVISION THAT REQUIRES
ALL CLAIMS TO BE RESOLVED BY WAY OF MEDIATION AND LEGALLY BINDING ARBITRATION. BY ACCESSING THE
SITES AND MAKING USE OF SERVICES YOU ACKNOLEDGE AND AGREE THAT, INTER ALIA, 1) THE TRADING OR
HOLDING OF COINS, TOKENS, CRYPTOCURRENCIES, DIGITAL CURRENCIES, OR DIGITAL ASSETS OF THE LIKE
INVOLVES SIGNIFICANT RISKS, THE LOSSES CAN BE SUBSTANTIAL AND ANY LOSS AND LIABILITY YOU INCUR IS
NOT INSURABLE. YOU ARE AWARE OF THE RISKS ASSOCIATED WITH TRANSACTIONS OF THE ABOVEMENTIONED DIGITAL
ASSETS AND THEIR DERIVATIVES; 2) YOU SHALL ASSUME ALL RISKS RELATED TO THE USE OF SERVICES AND
TRANSACTIONS OF THE ABOVEMENTIONED DIGITAL ASSETS AND THEIR DERIVATIVES; AND 3) WE SHALL UNDER NO
CIRCUMSTANCES BE LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES RESULTED THEREFROM.
We reserve the right to amend or modify this Agreement, affiliated service terms, activities terms, trading policies or announcements from time to time in our sole discretion without notice to you. The amended terms will be deemed effective immediately upon posting. Your continued use of this site and the services provided by Gate.io acts as acceptance of such amendments or modifications. If you do not agree with any such amendments or modifications, you must discontinue using or accessing our Service. By using and accessing our service, you are deemed to have agreed to and fully understood that this Agreement and contents in other affiliated service terms, including the amended terms made by Gate.io from time to time.
Our Sites only provide online transaction and platform ervices for you to engage in
(as defined hereinbelow) trading activities through the Sites (including but not limited to the
transactions etc.). The Sites do not participate in the transaction of
s
as a buyer or seller and do not provide any services relating to the replenishment and withdrawal of
the fiat currency of any country or regions.
1.2
Risk Reminder
(a)
The
market is new and unconfirmed, and will not necessarily expand.
(b)
The
s themselves are not offered by any financial institution, corporation or
the
Sites.
(c)
Digital
assets
are primarily used by speculators, and are used relatively less on retail
and
commercial market.
(d)
Digital
asset
transactions are highly risky, due to the fact that they are traded
throughout
the day without limits on the rise or fall in price, and market makers and global government
policies may cause major fluctuations in the price.
(e)
Cryptocurrencies such as Bitcoin and Ether are unlike traditional fiat currencies, goods
or
commodities in the market and are subject to exceptional risks. Unlike other traditional fiat
currencies, cryptocurrencies are decentralized and are not backed by a central bank, government
or
other legal entities. Cryptocurrencies currently remain largely unregulated. As such, the value
of
cryptocurrencies may rise and fall depending upon the market, confidence of investors, competing
currencies, regulatory announcements or changes, technical problems or any other factors.
(f)
Due to the significant risks of trading cryptocurrencies as well as the impact of
technology
and the international market, we cannot warrant or guarantee that particular type of
cryptocurrency
will be available on our Sites and Services. We reserve the right to stop offering Services in
relation to a particular type of cryptocurrency on our Sites. We will use our reasonable
endeavours
to notify you if we cease to support trading or provide Services in relation to a particular
cryptocurrency. If this is the case, you will not be able to convert that type of cryptocurrency
into any other currency. However, you will be given the option to transfer the cryptocurrency to
another user, platform or third party sites. Please be aware that we are not and will not be
responsible for any costs incurred by you if you decide to transfer the cryptocurrency to
another
user, platform or third party website.
(g)
We are not responsible or liable for any cryptocurrency once they are transferred from our
Sites to another site, device, platform, wallet or user. Nor are we responsible or liable for
any
cryptocurrency not traded on our Sites that have been sent into our Sites. We are and will not
be
responsible or liable for any cryptocurrency that have been sent to an incorrect or incompatible
wallet address. Examples of incompatible wallet addresses include but are not limited to the
type of
cryptocurrency being transferred is sent on.
(h)
As we do not identify the counterparty to any transactions you make, we strongly recommend
that
you do not send cryptocurrency to any persons you do not personally know or completely trust,
as,
once sent, the transaction cannot be reversed. It is important for you to take precautions when
transferring and storing your cryptocurrencies and/or
s whether on our platform or
through other sites, wallets or devices. We take no responsibility for the misappropriation or
theft
of your cryptocurrencies and
s. We strongly advise that you familiarize yourself
with
and implement a personal wallet service or other device for storing your
s
including
cryptocurrencies and implement other security measures. Always take a greater degree of care and
precaution to secure your passwords when operating in a digital environment.
(i)
Digital ssets trading is highly risky and therefore not suitable for most people. You
acknowledge and understand that investing in
s may result in partial or total loss
of
your investment and therefore you are strongly recommended to decide the amount of your
investment
based on your loss-bearing capacity. You acknowledge and understand that
s may
generate
derivative risks. Therefore, if you have any doubt, you are strongly advised to seek assistance
from
a professional advisor and seek relevant professional advice. Furthermore, aside from the
above-mentioned risks, there may also be unpredictable risks. Therefore, you are advised to
carefully consider and use rational judgment to assess your financial position and the
above-mentioned risks before making any decisions on transacting
s; any and all
losses
arising therefrom will be borne by you yourself and we shall not be held liable in any manner
whatsoever and howsoever.
You acknowledge, understand and agree that:
(a)
You understand that our Sites are only intended to serve as a venue for you to obtain
information, find trading counter parties, negotiate on and effect transactions of
s. Our Sites do not participate in any of your transactions, and therefore you
shall, at
your
sole and absolute discretion, carefully assess the authenticity, legality and validity of
relevant
s and/or information, and solely bear the responsibilities and losses that may
arise
therefrom.
(b)
All opinions, information, discussions, analyses, prices, advice and other information
on
our
Sites are general market reviews and do not constitute any investment, financial, taxation or
any
other form of professional advice. We do not bear any loss howsoever arising directly or
indirectly
from or in connection with the abovementioned information, including but not limited to, any
loss of
profits.
(c)
We reserve the right to determine, amend or modify any contents of the Sites at any time
at
our
sole discretion. We have used reasonable efforts to ensure the accuracy of the information on
the
Sites, however, we do not and cannot guarantee the degree of accuracy of the information or bear
any
loss arising directly or indirectly from or in connection with the information on the Sites or
from
any delay or failure caused by failure to link up with the internet, transmit or receive any
notice
and information.
(d)
Using internet-based trading systems also involves risks, including, but not limited to
failures in software, and hardware or internet links. Considering that we cannot control the
reliability and availability of internet, we will not be responsible for any distortion, delay
and
link failure.
(e)
You must not use the Sites and any part of the Services to engage in any illegal
transactions,
activities or illegitimate activities, including but not limited to money laundering, terrorism
funding, smuggling and commercial bribery. In the event that any illegal transactions,
activities or
illegitimate activities is suspected or noticed, we will adopt and apply all available measures
at
our sole discretion, including but not limited to freezing all relevant Accounts and notifying
relevant authorities, and we will not assume any of the responsibilities arising therefrom and
reserve the right to hold relevant persons accountable.
(f)
You must not use our Sites or Services in any manner to engage in, undertake,
conduct,
or
involve in any activities that have or potentially have adverse impact on market integrity, our
reputation, and/or our other users’ legitimate rights, which includes but not limited to market
manipulation activities (such as spoofing, layering, and wash trading) or any illicit, improper,
fake, unfair or unethical transactions or trading activities (collectively referred to “
Market
Manipulation Activities
”). In particular, you and/or your affiliates (including any individual,
subsidiary or entity directly or indirectly controlled by you, under the same control as you,
having
close connection or associate with you, or acting on your behalf) (“
Affiliates
”) must not open
multiple accounts on our Sites to engage in or otherwise participate in any of the
abovementioned
Market Manipulation Activities. You acknowledge and understand that Market Manipulative
Activities
may have an adverse effect on the market, such as causing prices of relevant digital assets to
become artificially inflated or deflated. We take these activities very seriously and undertake
to
promote fairness and integrity of the market and shall take the necessary steps to protect our
Sites
and Services from such abusive behaviours ? in the event any of such Market Manipulative
Activities
are detected, noticed or suspected on reasonable grounds by us, we may in our sole and absolute
discretion take actions we deem proper such as issuing warnings, cancelling your trading
eligibility, restricting trading, cancelling or revert transactions, escrow earning derived from
such Market Manipulative Activities, suspending our Services to you, freezing or setting off any
losses or damages arising from your Market Manipulative Activities against any assets held in
your
and/or your Affiliates’ Account and any such Accounts that we suspect or believe in reasonable
grounds are related to you and/or your Affiliates, or suspending or permanently closing all
relevant
accounts. We do not accept or assume any liability arising from these activities and shall
continue
to take any actions as we see reasonable and necessary against any Market Manipulation
Activities
and shall reserve all our rights including but not limited to the right to pursue all available legal
and/or
equitable remedies to hold relevant persons including you and your Affiliates
accountable.
1.3
Gate.io provides
an
online service that allows users to exchange between themselves different blockchain assets,
which
are data that typically represents transaction, access, or other participation rights on
corresponding blockchain networks (collectively, “
Digital Assets
”). Gate.io
may make available
to you
other
ancillary services to facilitate the exchange of Digital Assets. Depending on your country of
residence, you may not be able to use all the function on this site. It is your responsibility
to
follow those rules and applicable laws in your country of residence and/or country from which
you
access the Sites and Services. By clicking the "Create Account" button or by accessing
or
using the Services, you agree to be legally bound by this Agreement and accept all the terms and
condition of this Agreement. If you do not agree to be bound by these terms and conditions, you
should immediately cease to access the Sites and use of any part of the Service.
1.4
By creating an account with Gate.io (“
Account
”), you agree to maintain the
security and
confidentiality of your login credentials and restrict access to your Account and your computer,
tablet, or mobile device. You shall take full legal responsibility for all activities that occur
under your Account and accept all risks of unauthorized access.
1.5
We reserve the right to make changes or modifications to this Agreement, affiliated
service
terms, activities terms or announcement from time to time, in our sole discretion without notice
to
you. The amended terms will be deemed effective immediately upon posting. Your continued use of
the Sites
and the Services
acts as acceptance of such changes or modifications. If you do not agree
to
any amended terms, you must discontinue using or accessing our Service. By using and accessing
our
service, you are deemed to have agreed to and fully understood that this Agreement and contents
in
other affiliated service terms, including the amended terms made by Gate.io from time to
time.
2.
ELIGIBILITY
2.1
By accessing the Sites or using our Services, you represent and warrant that you are at
least
18 years old and legally capable of entering into and being bound by contracts, including but
not
limited to the Agreement, and have not previously been suspended or removed from the Site or
Services.
2.2
In the event that you are accessing our Sites and/or Services on behalf of any
beneficiary, natural person or legal person including any forms of incorporation, partnership,
association, organization or any other entity type (“
Represented Person
”),
your continued access
of our Site and/or Services shall constitute your representation to us that you have been duly
authorized by such Represented Person to use our Site and our Services, perform any transactions
or activities thereon, and to therefore bind your Represented Person to this Agreement and to
any such transactions or activities that you have performed. Accordingly, when the term “you” is
used herein this Agreement and any associated contents, terms and policies, “you” shall refer
not only to you the actual user as an individual, but also the Represented Person, and therefore
both you and the Represented Person are jointly and severally bound under the Agreement.
Accordingly, you also hereby undertake that the Represented Person is capable of and agreeable
to being bound by the Agreement.
2.3
You represent and warrant that:
(a)
you are not on any trade or economic sanctions lists, such as the United Nations Security
Council Sanctions List;
(b)
you are not restricted or prohibited from engaging in any type of trading by the European Union,
Securities and Futures Commission of Hong Kong, Hong Kong Monetary Authority, Hong Kong Customs and
Excise Department, Office of Foreign Asset Control as well as any other administrative law
enforcement agencies or authorities in other jurisdictions;
(c)
it is your responsibility to ensure that your access to the Sites and use of the Services
is in
accordance with your local laws and regulations;
(d)
you acknowledge that we reserve the right to make all or just part of the Services
available in
certain markets and jurisdictions only, in our sole absolute discretion and in accordance with
local
applicable laws. We may restrict or prohibit use of all or a portion of the Services from the
locations:
i)
that we determinate, in our sole and absolute discretion, not appropriate or suitable for
us
to
provide all or a portion of the Services; or
ii)
where the local laws do not permit us to provide all or a portion of the Services from
and/or
to that jurisdiction,
(together, “
Restricted
Locations
”).
The Restricted Locations include but not limited to the United States of America, Mainland
China, Singapore, Canada, France, Germany, Hong Kong, Malaysia, Malta, Cuba, Iran,
North Korea, Sudan, Syria, Crimea Region, Spain, Luhansk, Donetsk, Netherlands, Bolivia, UK,
Myanmar, Venezuela, Uzbekistan, Austria and so
on. Please note that we may place certain restrictions or terminate specific Services to users
in some jurisdictions from time to time for the purposes hereof.
We may in our absolute discretion update the list of the Restricted Locations from time to
time
without any notice to you. It is your responsibility to frequently check the Sites to
familiarize
yourself with the list of the Restricted Locations and immediately cease accessing our Sites and
use
of our Services should you locate in any of the Restricted Locations.
2.4
The content of the Terms shall not be excluded from the laws of the country or region
under
which the user belongs, otherwise the user shall immediately cease to access the Sites and use
the
Services. As a result, if you do not meet these eligibility requirements, please immediately
stop
accessing our Sites and do not use our Services.
2.5
To use our Services, you shall have proper devices and pay for cost that may occur,
including
but not limited to the costs incurred from computer, mobile phone, modem and cost for Internet
connection and phone call.
2.6
By clicking to “I agree” to the Gate.io User Agreement button, you will be deemed to have
agreed to all the terms and conditions contemplated in the Agreement and have the legal right
and
full capacity to use all Services, including but not limited to checking the related information
of
the Services, placing orders, making trading activities rationally. You agree to take all the
risks
associated with, arising from and in connection with such activities.
2.7
When you register an account with us, you agree to:
(a)
create a strong password that you do not use for any other website or online service or
platforms and enable two factor authentication as a further protection measure;
(b)
maintain the security of your account by protecting your login credentials and restricting
access to your account to yourself only;
(c)
take responsibility for all activities that occur under your account and accept all risks
of
any authorized or unauthorized access to your account;
(d)
accepted to be bound by all terms and conditions of this Agreement;
(e)
confirm that you have attained the age of 18, or another statutory age for entering into
contracts as is required by a different applicable law, and your registration with our Sits,
purchase or sale via the Sites, release information on the Sites and other behaviors indicating
your
acceptance of the Services offered by us shall comply with the relevant laws and regulations of
the
sovereign state or region that has jurisdiction over you, and you confirm that you have
sufficient
capacity to accept these terms and conditions, enter into transactions and to use the
Services;
(f)
undertake all liabilities for your own transaction and non-transaction activities as well
as
all profits and losses therefrom;
(g)
confirm that all information provided at the time of registration of an Account with us is true,
updated and accurate;
(h)
comply with all relevant laws, including the reporting of any transaction profits for tax
purposes; and
(i)
receive emails or short messages sent our Sites related to the management and operation
thereof.
2.8
You shall not open sub-accounts for any Represented Persons who are restricted or prohibited
from accessing our Sites or using our Services. This includes any Represented Persons who are
residents of any Restricted Locations. You will not open sub-accounts for Represented Persons
who are themselves or otherwise owned or controlled, directly or indirectly, by individuals or
entities subject to the Specially Designated Nationals And Blocked Persons List (“
SDN
List
”) and
any other applicable sanction lists. You will not facilitate transactions, directly or
indirectly, on behalf of, or for the benefit of, any individuals or entities which are residents
of Restricted Locations or subject to any applicable sanctions.
2.9
You acknowledge and understand that the Securities and Exchange Commission
(“
SEC
”) and the
Commodity Futures Trading Commission (“
CFTC
”) of the United States, as well
as other government
agencies of the United States, may claim or assert jurisdiction over certain exchange activities
outside of the United States with respect to the servicing of a “U.S. person” or “U.S.
customer,” as those terms may be defined or interpreted under the laws of the United States. You
further acknowledge and understand that we, including our affiliates and related body
corporates, do not intend to provide Services to or solicit such “U.S. persons” or “U.S.
customers,” and expressly prohibit the same from using any of our Services. In order to abide by
all applicable laws, rules, and regulations of the United States, you hereby acknowledge,
certify, represent, warrant, and agree, with respect to the services contemplated in this
Agreement, that:
(a)
You and any Represented Persons are not “U.S. persons” or “U.S. customers”, as those terms
are defined or referenced by the laws, rules, or regulations of the United States, including but
not limited to, the laws, rules, and regulations of the SEC, CFTC, or any other United States
agency;
(b)
You and any Represented Persons have not been advised, suggested, induced, or otherwise
influenced to evade or attempt to evade any of the above referenced laws, rules, or regulations
by us including our affiliates and related body corporates;
(c)
You have not advised, suggested, induced, or otherwise influenced any of your Represented
Persons to evade or attempt to evade any of the above referenced laws, rules, or regulations;
(d)
You and any Represented Persons (i) do not reside in the United States if they are natural
persons, and (ii) are not formed, registered, or organized under the laws of the United States,
or have their respective principal place of business located within the United States;
(e)
You and any Represented Persons are not subject to the laws, rules, or regulations in any
other jurisdiction with materially similar effects;
(f)
You will immediately notify us of any change in status to the above; and
(g)
You shall indemnify, defend, and hold harmless us, including any of our affiliates and related
body corporates, directors, members, officers, employees, agents, service providers, against any
and all claims, demands, actions, damage, losses, costs and/or expenses incurred arising from or
in connection with any breach of any part of this clause 2.
3.
OUR RIGHTS AND OBLIGATIONS
3.1
We may restrict, suspend or terminate your account, use of the Service, the processing of any
transaction,
any accounts beneficially owned by any of our affiliates,
related entities, at any time if we in our sole discretion suspect, notice and determine that
you have violated this Agreement or any part of applicable laws in your jurisdiction or that the
provision or your use of the Service in your jurisdiction is unlawful.
3.2
When we in our sole discretion decide that you or your associated account user is not
suitable
for high-risk investment, we have the right to suspend or terminate the use of your account and
all
associated accounts thereof immediately.
3.3
If you do not have relevant registration qualifications set in this Agreement, we will
have
the
right to refuse your registration. If you have already registered, we will have the right to
revoke
your account with us, and we reserve the right to hold you or your authorized agent accountable.
Furthermore, we reserve the right to decide whether to accept your application for registration
in
all circumstances.
3.4
When it is discovered that the person using an Account is not the initial registrant of
that
Account, we will have the right to suspend or terminate the user's access to that Account
immediately.
3.5
If we reasonably suspect that the information you provide is wrong, untrue, invalid or
incomplete, we shall have the right to notify you to correct or update the information or
suspend or
terminate its supply of the services to you.
3.6
Should you (whether directly by yourself or indirectly via your request to us) upload,
post,
publish, or transmit any information on or via our Site, or you communicate with any other users
of
our Site, you agree to be fully responsible for all such posts and communications. Accordingly,
you
undertake to only use the Site in a legal and considerate manner, not to misuse or abuse the
Site or
its other users, including but not limited to not causing any defamation, harassment, sedition,
collecting data of other users for your own purposes, and introducing virus, trojans or hacks.
In
the event that you misuse or abuse the Site, we shall be fully entitled to suspend or ban your
account, and/or remove your information from our Site without any prior notice or liability to
you.
Nonetheless, you agree that we shall not be howsoever liable for any posts or communications by
third parties that offend you, although we will sincerely look into any complaints in relation
to
such posts or communications that you communicate to us of in writing.
3.7
We may take any actions which we deem necessary and reasonable in our sole discretion
including
but not limited to suspending, restricting, or terminating your access to any or all of the
Service
and Sites, deactivating or cancelling your Account with immediate effect, or cancelling,
suspending,
blocking, placing on hold, refusing to complete a digital assets transaction if we in our
reasonable
opinion believe it necessary for us to do so to fulfil our legal obligations, protect our
reputation, promote the fairness and integrity of the market and enforce our rights. We may
cooperate with relevant government authorities and judicial authorities to freeze, forfeit and
transfer Digital Assets in your Account to a designated account as directed by these authorities
where we consider appropriate.
4.
MARGIN TRADING & LENDING AND PERPETUAL CONTRACTS
This clause 4 applies only to the extent that you are permitted to engage in margin trading &
lending and Gate.io Contracts on Gate.io. Margin trading & lending and Perpetual Contracts are not
allowed in the jurisdictions in which they are prohibited by applicable laws and regulations or, by
this Agreement. We reserve the right to amend and/or remove margin trading & lending and perpetual
contracts functionalities in your country any time with or without prior notice to you.
4.1
Margin Trading and Lending
Margin trading is a form of trading in which you trade with an extra amount of Digital Assets borrowed
from someone in addition to the Digital Assets you already have. On our Sites, you may use borrowed
Digital Assets from other users to go short or long position.
Margin trading is high risky. As a margin trader, you acknowledge and agree that you shall
access
and use the margin trading and borrowing service at your own risks. Further, you acknowledge,
agree,
and confirm the following:
i)
Trading markets are extremely volatile and shift quickly in terms of liquidity , market
depth,
and trading dynamics. The use of leverage can work against you as well as for you and can lead
to
large losses as well as gains.
ii)
You are not entitled to receive forked coins split from any Digital Assets in your margin
account, even if you have not engaged in any margin trading or borrowing at all.
iii)
The loan carries risks and the value of your Digital Assets may drop. If the value of your
assets drops below a certain level, you are responsible for responding to this market circumstance.
iv)
Under certain market conditions, you may find it difficult or impossible to liquidate a
position. This may occur, for example, there is insufficient liquidity in the market or due to
technical issues from our end.
v)
Placing contingent orders will not necessarily limit your losses to the intended amounts,
since
market conditions may make it impossible to execute such orders.
vi)
There is no guarantee measure against losses on margin trading. As a borrower, you may
sustain
a total loss beyond what you have deposited to your margin account.
As a lender, you can lend your Digital Assets to other users on some of the Sites by offering a loan at
a fixed interest rate and for a duration on lending page. When you lend your Digital Assets:
i)
You may suffer loss of an unpaid principal and interests if the borrower defaults on a loan
and
liquidation of the borrower’s margin account fails to cover the outstanding loan.
ii)
You may suffer loss of forked coins split from the Digital Assets if your Digital Assets are in
lending offers or loaned out when the fork takes place.
iii)
You may suffer a drop of value for Digital Assets you loaned out when the value drops dramatically
and you cannot sell it timely.
(c)
To enter into margin trading or lending:
iv)
You should and must fully understand the risks associated with the margin trading and lending and
solely responsible and liable for any and all trading and non-Gate.io activity on your account with
us. Do not enter into transactions or invest in funds that are above your financial abilities or
your tolerance to financial risks.
v)
You are solely responsible and liable for knowing the true status of any position or
lending
with any other party on our Sites.
vi)
You agree to maintain in your Gate.io margin account sufficient amount of Digital Assets required
by us for users to participate in margin trading and return your loan in due time. Failure to
maintain sufficient amount of Digital Assets or return outstanding loan in due time may result in
forced liquidation of Digital Assets in your margin account.
vii)
We cannot guarantee to stop losses even with the ability to forcedly liquidate any of
your
positions. If, after your positions are liquidated, your assets are insufficient to cover the
outstanding loan, you will still be responsible for any additional asset shortfall.
viii)
We may, in our absolute and sole discretion, undertake all reasonable measures to
mitigate
potential losses for you on your behalf, including, but not limited to, transferring balance
from
your margin account to your exchange account and/or from your exchange to your margin
account.
ix)
When you lend your Digital Assets, you acknowledge that we will not be responsible for any loss
from offering loans on any of our Sites and any losses incurred by a borrower or any other party on
the Sites.
x)
You agree that you will conduct all trading, margin trading, lending, and/or borrowing on
your
own account and claim full responsibility for your activities. We do not take any responsibility
for
any loss or damage incurred as a result of your use of any Services or your failure to
understand
the risks involved or associated with access to our Sites.
4.2
Perpetual Contract
(h)
A Perpetual Contract is a product similar to a traditional futures contract but does not
have
an expiry date. Perpetual Contracts trade like spot, tracking the underlying Index Price
closely. It
achieves this via mechanics of a funding component, that is, users who hold a position over the
funding time stamp either pay or receive funding based on a funding rate and your position
value.
(i)
Perpetual Contract Risks
Perpetual contract trading involves substantial risk of loss and is not suitable for most
investors. You hereby acknowledge and agree that you fully understand the risks involved in
trading
and have considered and will continue to carefully consider whether the perpetual contract
trading
is suitable considering your financial circumstances and resources. You also acknowledge, agree,
and
confirm that you understand the following:
i)
Perpetual contract is highly leveraged. Highly leveraged position and large contract sizes
means
that investors may suffer huge losses even in the case of a small movement in the market. You
may
lose your entire margin on your contract account.
ii)
We may, at our sole discretion, cancel or close your open order and liquidates your
position
without notice to you to control risks.
iii)
We may close your position at the bankruptcy price of other users in the event of
Auto-Deleveraging if you are at the priority rank of profit and leverage without notice to
you.
iv)
If you hold position over the funding time stamp, you may either pay or receive funding
based
on a funding rate and your position value. The amount of funding may be huge depending on the
funding rate and your position value.
v)
We may require you increase margin levels for larger position sizes at its sole
discretion.
vi)
You are not eligible for receiving forked coins for any of your assets in your Contract
account
in the event of a fork.
vii)
Under certain market conditions, you may find it difficult or impossible to liquidate a
position. This can occur, for example, if there is insufficient liquidity in the market or due
to
technical issues on our platform. Placing contingent orders, will not necessarily limit your
losses
to your intended amounts, since market conditions may make it impossible to execute such orders.
The
use of leverage can work against you as well as for you and can lead to large losses as well as
gains.
(j)
To enter into Perpetual Contracts:
i)
You are at least 18 years of age and have the capacity to enter into perpetual contracts
trading
on the Sites.
ii)
You fully understand the rules and risks associated with perpetual contracts and accept
all
the
risks and consequences led to by perpetual contracts trading.
iii)
We may, at our sole discretion, close your positions, seize your earnings, and block your
Account in the event we suspect or have reason to believe you are engaged in illegal or
suspicious
trading or other activities or have breached terms of this Agreement or any of our policies. You
shall not, in any way hold us liable for any loss howsoever arising from or in connection with
perpetual contract trading and you may in the meantime be liable for any damages to us.
iv)
You agree to always maintain sufficient amount of margin to meet our minimum margin
requirements, which is subject to changes from time to time. If the value of your positions
drops
below a certain level, you are responsible for supplements with additional margin so to meet our
minimum margin requirements. Failure to supplement additional margin or maintain a minimum level
of
required margin may result in closing your open order and forced- liquidation of your positions.
In
the case of a forced liquidation, your position will be taken over by us and liquidated at the
bankruptcy price.
v)
You fully understand and agree that, when a forced liquidation is triggered, in the event
that
we are unable to liquidate the position at the bankruptcy price, we will spend insurance funds
aggressing the position in the market in an attempt to settle it. If this still does not settle
the
forced liquidation, this will then lead to an Auto-Deleveraging event where opposing traders’
positions by profit and leverage priority are automatically deleveraged. If we are able to
liquidate
the position at better than the bankruptcy price, the additional funds will be added to the
insurance fund.
vi)
If you hold position over the funding time stamp, you may either pay or receive funding
based
on a funding rate and your position value. You agree to such payment exchange based on the
funding
rate and position valued calculated by us.
vii)
vii) You are solely responsible and liable for any trading and non-trading activities on the
Sites
and accept all associated risks.
viii)
You are solely responsible for obtaining and being aware of the true status of any
position
with any counter-party on the Sites, even if relevant information is presented incorrectly by us
at
any time.
5.
NON-FUNGIABLE TOKENS
5.1
The Sites allow account holders to buy, list and sell non-fungible tokens
(“
NFT
”). Our
NFT
services are a convenient, simple and user-friendly way of trading NFTs.
5.2
To access our NFT services you must have a Gate.io account.
5.3
By accessing our NFT services you acknowledge and warrant that you have read, understood
and
agree to all the terms and conditions that apply to our NFT services.
5.4
You can only access our NFT services for Eligible NFTs available on our Sites from time to
time. "
Eligible
NFTs
" are those NFT collections that we
have
verified as eligible for purchase from time to time. We may publish a list of Eligible NFTs on
our
website (“
Eligible NFT
List
”).
5.5
We may, at our absolute discretion, add or remove NFT collections from the Eligible NFT
List
for any reason. If we remove a NFT collection from the Eligible NFT List, any open orders from
that
NFT collection on the Sites will be immediately cancelled.
5.6
NFTs sent externally only from an Approved Platform into the managed wallets or accounts
by
us
will be accepted. Approved Platform means an external NFT platform or chain recognized and
approved
by us from time to time. As at the date of this Agreement, depending upon the type of contract
and
the chain that relevant NFT is on, the Approved Platform includes Opensea, Magic Eden and
Binance
Smart Chain (BSC). It is your responsibility to check on our Sites to make sure you are updated
with
the list of Approved Platform from time to time. We will not be responsible or liable for any
NFTs
that are sent externally into our Sites from any other site, device, platform or wallet other
than
from those Approved Platforms.
5.7
An Eligible NFT on our Sites can only be purchased using
“
Eligible
Cryptos
”.
“Eligible Cryptos” are those cryptocurrencies that we have approved for use for a particular
Eligible NFT purchase. The list of “Eligible Cryptos” will be shown at the time of
purchase.
5.8
Eligible NFTs on our Sites can be sold to a type of currency as approved and accepted by
us
from time to time . All Eligible NFTs listed for sale using our NTF services may be listed in
USDT
or another type of cryptocurrency determined by us in our sole discretion.
5.9
A service fee applies to all transactions where Eligible NFTs are purchased or sold on our
Sites. By using our NFT Services, you accept and acknowledge that we may adjust our service fee
at
any time. We will notify you of the service fee that applies to your transaction at the time of
the
transaction.
5.10
A third-party network fee applies to all transactions where Eligible NFTs are purchased
or
sold on our Sites. We do not set these third-party network fees. By using our NFT Services, you
accept the third-party fees as they apply at the time of the transaction. The third-party
network
fees will be displayed at the time of the transaction.
5.11
A conversion rate applies to transactions where Eligible NFTs are purchased using some
Eligible Cryptos. By using our NFT Services you accept the conversation rate applicable at the
time
of the transaction. The conversation rate will be built into the purchase price shown to you at
the
time of purchase confirmation.
5.12
You may cancel the listing of an Eligible NFT at any time prior to confirmation of sale.
We
may, in some instances, use our discretion to prevent the cancellation of listed Eligible
NFTs.
5.13
Eligible NFTs purchased on our Sites are stored in secure custodial wallets managed by
us.
5.14
As NFTs are non-fungible in nature, they cannot be replaced one for one. Given the
irreplaceable nature of NFTs, you acknowledge that by accessing our NFT services it is your
responsibility to maintain the security of your account and any Eligible NFTs held. We will not
be
responsible or liable for the misappropriation or theft of Eligible NFTs held on our
Sites.
5.15
You acknowledge and agree that you access our NFT services “as is” and at your own risk.
We
strongly recommend that you do your own research and obtain your own advice if you are
unsure.
5.16
For the avoidance of doubt, all clauses in this Agreement apply to our NFT
services.
6.
RISK DISCLOSURE STATEMENT
6.1
Trading Digital Assets can be extremely risky. The markets in relation to Digital Assets trading are
extremely volatile and can shift quickly. The blockchain networks may go offline due to attack,
bugs, hard forks, or other unforeseeable reasons. We may experience sophisticated cyber-attacks,
unexpected surges in activity, or other operational or technical difficulties that may cause service
interruptions. You are solely responsible and liable for any and all trading and non-trading
activity for your account on the Sites and fully responsible for safeguarding access to your account
and any information provided through the site.
6.2
You do your own appraisal and investigations and accept the risk of trading Digital Assets. By
accessing our Sites and use of our Services, you represent that you are solely responsible for you
own appraisal and investigation into the risks of the transaction and the underlying Digital Assets.
You represent that you have sufficient knowledge and experience to make your own evaluation of the
merits and risks. Listing of a Digital Asset on the Sites does not indicate our approval or
disapproval of the underlying technology in relation to that Digital Asset, and should not be used
as a substitute for your own understanding of the risks associated with each Digital Assets. We give
you NO warranty as to the suitability of the Digital Assets and assume or owe no fiduciary duty in
our relations with you.
6.3
You accept all risks associated with or in connection with a transfer of your Digital Asset to an
address. Digital Asset transactions is not reversible. Once you send Digital Asset to an address,
you accept the risk that you may lose access to your asset immediately and indefinitely. You are
solely responsible for the verification of the address to which you send your Digital Assets. If you
deposit a Digital Asset of a kind or type which is not listed on your deposit page, it means that
any transactions in relation to such type of Digital Asset is not supported by us and therefore we
will not be able to return to you any of such assets claimed being transferred to us. It is your
responsibility to ensure that the address to which you are depositing is listed on your deposit
page. We take no responsibility or liabilities for any Digital Assets sent to a wrong address
(including any external or internal wallet address and Gate.io UID).
6.4
We do not advise on trading risk. You must seek your own advice from a financial advisor or other
professional advisor and shall bear full responsibility for the risks involved in trading of Digital
Assets on our Sites. Under no circumstances shall any information, charts, pictures, contents of any
kind and documents shown on the Sites or provided by us constitute investment advice or professional
advice of any kind.
6.5
We may delist a Digital Asset at any time in its sole discretion.
6.6
We may correct, reverse, or cancel any trade impacted by an error in processing your purchase or
buying, or correct or reverse or cancel your deposit or withdrawal of Digital Asset impacted by an
error in processing your deposit or withdrawal.
6.7
We may seize your abandoned property. If you have not logged into your account on the site for an
uninterrupted period of two years, we reserve the right to deem that any and all property that you
hold on the Sites, including Digital Assets, to be abandoned, without notice to you. If your
property is abandoned, it will be immediately forfeited and seized by us and we may donate them to a
nonprofit group. You accept all risks associated with or arising from missing communication from us.
You acknowledge that we may post information on the Sites or communicate with you by email or
support ticket from time to time. You understand and agree that if we post information or send you
information but you howsoever fail to receive it, we will be deemed to have provided the information
to you regardless.
7.
PRIVACY POLICY
7.1
We collect information about you in accordance with the laws and regulations,
including:
(a)
information collected when you create an online account, complete a transaction, fill out
a
form, respond to surveys, post messages to our chatroom or twitters or otherwise communicate
with
us;
(b)
information automatically collected when you use the site and service, including but not
limited to device identifiers, mobile network information, the type of browser used, IP address
and
other standard web log data and information collected by Cookies and similar tracking
technologies;
(c)
information collected from third parties, including identity verification services;
and
(d)
information collected from other sources legally.
7.2
We will implement reasonable security practices to help protect the security of your
information and will not disclose your non-public information, including name, password and
phone
number, to any other third party without your prior permission, excepting for the following
cases:
(a)
disclose your information to yourself or a third party with your consent;
(b)
disclose your information with your consent so that you may use products or
services;
(c)
disclose or share your information to comply with our legal obligations to authorities
stipulated by laws and regulations, including without limitation to, administrative authorities
and
financial authorities; and
(d)
when we believe, in our sole discretion, that the disclosure of your information is
necessary
to prevent physical harm or financial loss, to report suspected illegal activity, or to
investigate
violations of or enforce our user agreements or other policies and agreements.
FOR MORE DETAILS REGARDING THE TYPE OF INFORMATION WEW COLLECT AND THE WAY WE MAY USE IT OR
DISCLOSE YOUR INFORMATION, PLEASE REFER TO OUR PRIVACY POLICY. WE STRONGLY RECOMMEND THAT YOU
READ
THROUGH OUR PRIVACY POLICY AND FAMILARISE YOURSELF WITH THE CONTENTS.
8.
SERVICE MODIFICATION, SUSPENSION AND TERMINATION
8.1
You can check transactions information and relevant materials posted on the Sites and
participate in specific financial related activities provided by us currently or in the future
according to this Agreement and use of service rules posted.
8.2
You should use services on the Sites in accordance with this Agreement and related rules
on
a
volunteer, fair, and honest basis. You should not use the Site or our services to infringe the
legitimate rights and interests of others or make improper profits or disturb the normal order
of
online trading.
8.3
When you accept to use Services, you also agree to accept information service provided by
us
and authorize us to send commercial information to your email address, mobile phone and other
communication address. You can choose to decline such information service by doing specific
changes
according to our instructions.
8.4
Though we strive to maintain the site to provide you sustainable, safe, stable and smooth
services, there is no guarantee that the Services will be no delays, failures, errors, omissions
or
loss of transmitted information. You understand and agree that we have the right to suspend
service
for system update and upgrading, new function addition, and other cases where service shall be
interrupted by our judgment.
8.5
We may, in our sole discretion and without liability to you, with or without prior notice
and
at any time, modify or discontinue, temporarily or permanently, any portion of our
Services.
8.6
If you disagree to any of the amended terms of the Agreement or is unsatisfied with our
services, you have the rights to:
(a)
stop accessing the Sites or using Services; or
(b)
notify us to terminate Services for you by contacting our support. When your service is
terminated, we have no obligation to deliver to you or third party with information or services
pending.
8.7
We may suspend, restrict, or terminate your access to any or all of the Service and Sites, and/or
deactivate or cancel your Account with immediate effect, or cancel, suspend, block, place on hold or
refuse to complete a Digital Assets transaction in the event that:
(a)
we are, in our reasonable opinion, required to do so by applicable law, regulation or any
court
or other authority to which we are subject in any jurisdiction;
(b)
we reasonably suspect you of acting in breach of this Agreement or any other policies as
displayed on our Sites from time to time;
(c)
we have concerns that a transaction is erroneous or about the security of your Account or we suspect
that the Services are being used in a fraudulent or unauthorized manner;
(d)
we suspect money laundering, terrorist financing, fraud, or any other financial
crime;
(e)
use of your Account is subject to any pending litigation, investigation, or government proceeding
and / or we perceive a heightened risk of legal or regulatory non-compliance associated with your
Account activity;
(f)
you take any action that may circumvent our controls such as opening multiple accounts or
abusing promotions which we may offer from time to time; and/or
(g)
we reasonably believe that we need to do so in order to protect our reputation and/or
comply
with any requests, orders or judgment issued by a court or government authority or competent
authority.
8.8
We may suspend, restrict or terminate your access to any or all of the Sites and/or Services and/or
deactivate or cancel your Account without a reason by giving you 45 days notice. You agree and
acknowledge that our decision to take any of these actions may be based on confidential criteria
that are essential for the purpose of our risk management and security protocols. You acknowledge
and agree that we are not obligated to disclose the details of our risk management and security
procedures to you.
9.
USER RIGHTS
9.1
Your login credentials and security
(a)
You have the rights to choose to be or not to be our member. If you choose to be a member,
you
may create your account and set a preferred nickname. The nickname shall not contain any word
with
insulating, threatening or pornographic indication or infringing on others’ legitimate
rights.
(b)
You become a member of Gate.io by creating an account successfully and obtain a
combination
of
username (or email address) and password. You are solely responsible and liable for all the
activities and events logged in using this combination of username (or email) and password and
accepts all associated risks.
(c)
You have the obligation to protect all your account registered with us, user name and
password,
SMS verification code (verification code sent to your phone number in message) and TOTP code
(dynamic code generated by the authentication app associated to your Gate.io account, which can
be
set in Two Factor Authentication on Gate.io page), API Key and Secret and is solely responsible
for
the safety of user name and password, SMS code and TOTP, API key and secret. User shall take
responsibility and liability for legal consequence from leaking the above-mentioned information
and
shall not hold us liable for any loss of asset due to the leakage of the information not caused
by
us.
(d)
You can reset password via email associated to your Gate.io account or SMS sent to your
phone
number associated to your Gate.io account in the case the account was created via phone number.
You
shall promptly notify us if you discover or otherwise suspect any security breaches related to
your
Gate.io account or unauthorized use of your Gate.io account.
(e)
We will not ask for your password or ask you to deposit to address not provided on the
Sites.
You should never believe in any discounts or promotion information or send your asset to address
not
provided by the Sites. It is your responsibility to ensure you send asset to the correct address
provided for that asset by us. You shall not hold us liable for any loss of asset by sending
assets
to address not provided by us.
9.2
In the event that you make contributions to the Sites, you might get rewarding or
privileges
(but there is no guarantee) from us subject to any of our rewarding policies.
9.3
You have the right to modify some of your account information.
9.4
You have the right to join Gate.io community and post comments or articles without
violation of
rules of Gate.io and laws or regulations.
9.5
You have the right to participate in online or offline activities organized or provided by
Gate.io.
9.6
You have the right to enjoy related services provided by Gate.io according to the related
rules
and terms of Gate.io.
10.
USER OBLIGATIONS
10.1
You may make comment on the product or service provided by us and make modification or
deletion within proper ranges. You shall not use the Sites to threat national security, leak
national secret, infringe on the legitimate rights of other individuals or social community or
nation and for other illegal activities. You shall not use the Sites to propagate information
violating policies, laws and regulations and social norms.
10.2
You must not register an Account for malicious purpose, including but not limited to registering an account or
several accounts for hyping, profit making, receiving awards or any financial gains. You must not
use another user’ s account, use multiple accounts (whether or not these accounts were registered by
you, belong to you or are under your control) or utilize any potential gap or loopholes in our
rules, policies or event designs for any gains. In the case we suspect or detect these activities,
we may take necessary actions in our sole discretion, including but not limited to, deleting the
contents you posted, cancelling your rewards, deducting any profits that have been accrued or gained
through the Sites or participation in any events (including any promotion events) such as airdrops,
rewards, and any profits earned through such fraudulent activities or transferred through multiple
accounts, freezing your assets held in your account or any account which we suspect (acting
reasonably) are associated with you, suspending or terminating your account, or taking legal
proceedings against you.
10.3
You should not use the Sites as arena, platform or media for any unauthorized or illegal
activities. You should not use the name of Gate.io to participate in any commercial activity or
use
the Sites as arena, platform or media for commercial purpose, without our prior authorization or
permission. In the case we detect the above mentioned activities, we may take necessary actions
in
our sole discretion, including but not limited to, deleting the contents you posted, canceling
your
rewards, privilege or assets on the Sites, suspending or terminating your account, even taking
legal
proceedings against you.
10.4
Any information posted on the Sites by you in any form shall conform to good practice of
social norms and must not violate laws and regulation and our policies, terms and rules or harm
or
negatively affect the legitimate rights and interest of others. You shall take full
responsibilities
and liabilities for all the circumstances for your behaviors for posting such information and we
reserve the rights to claim damages against you.
10.5
You fully comply with Gate.io's requirements for Restricted Locations when making a
recommendation, marketing, or
soliciting business from potential clients.
11.
LIMITATION OF LIABILITY & WAIVER
11.1
We will not be responsible for damages caused by delay or failure to perform undertakings
when
the delay or failure is caused by fires, strikes, floods, power outages or failures, acts of God
or
the state’s enemies, lawful acts of public authorities, any and all market movements, shifts, or
volatility, computer, server, or internet malfunctions, security breaches or cyberattacks,
criminal
acts, delays or defaults caused by common carriers, acts or omissions of third parties, or, any
other delays, defaults, failures or interruptions that cannot reasonably be foreseen
(“
Force Majeure
”).
In the event of Force Majeure, we will be excused from any and all performance obligations and
the
Services shall be fully and conclusively at an end.
11.2
We do not guarantee that the information on the Sites and Services fully stratify your
needs
and shall not be hold liability to any error, insulation, slanders, inaction, blasphemy or
pornography that you may experience during using the Sites or our Services. You should always
seek
your own professional advice based on your own circumstances before using any of our
Services.
11.3
Given the nature and specialty of internet and cyber environment, we cannot guarantee our
Service will not be interrupted and do not guarantee the timeliness and safety of services and
do
not take liability for damages not directly caused by us.
11.4
We strive to provide you with safe access to the Sites and Services, but we do not
represent
or guarantee the Sites or Services are safe without malicious element or virus or other
potential
risk. You shall scan and process file or other elements downloaded from the Sites with industry
recognized software. You should use your own judgment to distinguish the true from the false to
avoid risks.
11.5
We will not be responsible for the failure of save, modification, deletion or storage of
information posted by you. We will also not liable for any typographical error or negligence not
intended by us. You should use your own judgment to distinguish the true from the false to avoid
risks.
11.6
We are entitled but not obliged to correct or update unintentional omission or
error.
11.7
Unless expressly agreed in written form, we do not guarantee the accuracy, completeness,
or
reliability of information (including but not limited to advertisement) you may get from, via or
by
links to the site or in any other methods related to the site. We will not be responsible for
your
purchase or obtaining of product, service, information or material due to such information. You
shall take all the risks of using the information.
11.8
Comments or information posted by user on the Sites only stands for the opinion of the
individual who posts it, which should not be taken as our agreement to or confirmation of the
information or description. We will not be liable for the comment or information posted by
users.
11.9
We reserve the right to delete information posted on the Sites which violates laws and
regulation or user agreement without notice.
11.10
We may deliver notice or message to you via announcement on webpage, email address,
support
phone, message via mobile phone or regular mail delivery. We will not be responsible for
information
delivered by other channels in related to prize winning, promotion or other activities or
events.
11.11
We are entitled to adjust the fee for deposit, withdrawal and trading and other services
according to market and has the right to terminate the promotion at any time.
11.12
You are responsible for determining whether or which laws that may apply to you,
including
any tax related law. You are solely responsible for reporting and paying any taxes arising from
your
use of our Services and Sites.
11.13
You agree to pay us any applicable fees for using our Service and authorize us to deduct
fees
from your Account. You agree and understand we may revise or update Fee schedule from time to
time
in its sole discretion and changes to the fee schedule are effective immediately.
12.
LIMITATION AND EXEMPTION OF LIABILITY
12.1
You understand and agree that under no circumstance will we be held liable for any of the
following events:
(b)
loss of transaction profits or contractual losses;
(c)
disruption of the business;
(d)
loss of expected currency losses;
(g)
damage to goodwill or reputation;
(h)
damage or loss of data;
(i)
cost of purchasing alternative products or services;
(j)
any indirect, special or incidental loss or damage arising from any infringement
(including
negligence), breach of contract or any other cause, regardless of whether or not such loss or
damage
may reasonably be foreseen by us, and regardless of whether or not we are notified in advance of
the
possibility of such loss or damage.
(k)
Items (a) to (j) above are independent of each other.
12.2
You understand and agree that we shall not be held liable for any damages caused by any
of
the
following events:
(a)
Where we are properly justified in believing that your specific transactions may involve
any
serious violation or breach of law or agreement;
(b)
Where we are reasonably justified in believing that your conduct on the Sites is suspected
of
being illegal or immoral;
(c)
The expenses and losses arising from the purchase or acquisition of any data, information
or
transactions through the services offered by the Sites;
(d)
Your misunderstanding of the Services offered by us; and
(e)
Any other losses related to the Services which cannot be attributed to us.
12.3
Where we fail to provide the Services or delay in providing such Services due to information
network
equipment maintenance, information network connectivity failures, errors in computer, communications
or
other systems, power failures, weather conditions, unexpected accidents, industrial actions, labor
disputes, revolts, uprisings, riots, lack of productivity or production materials, fires, floods,
storms, explosions, wars, failure on the part of banks or other partners, collapse of the Digital
Asset
market, actions by government, judicial or administrative authorities, other acts that are not
within
our control or beyond our ability to control, or due to causes on the part of third parties, we
shall
not assume any responsibility for such failure to provide Service or delay in providing Services, or
for
the resultant loss you may sustain as a result of such failure or delay.
12.4
We cannot guarantee that all the information, programs, texts, etc. contained in our
Sites
are
completely safe, free from the interference and destruction by any malicious programs such as
viruses, trojans, etc., therefore, your log-into the Sites or use of any services offered by the
Sites, download of any program, information and data from the Sites and your use thereof are
your
personal decisions and therefore you shall bear the any and all risks and losses that may
possibly
arise.
12.5
We do not make any warranties and commitments in connection with any of the information,
products and business of any third party websites linked to the Sites, as well as any other
forms of
content that do not belong to us; your use any of the Services, information, and products
provided
by a third party website is your personal decision and therefore you shall assume any and all
the
responsibilities arising therefrom.
12.6
We do not make any explicit or implicit warranties regarding your use of the Services or the Sites,
including but not limited to the applicability, freedom from error or omission, consistency,
accuracy, reliability, and applicability to a specific purpose, of the services provided by the
Sites. Furthermore, we do not make any commitment or guarantee in connection with the validity,
accuracy, correctness, reliability, quality, stability, integrity and timeliness of the technology
and information covered by the services offered by the Sites. Whether to log in to the Sites or use
the Services provided by the Sites is your personal decision and therefore you shall bear all the
risks and possible losses arising from such decision. We do not make any explicit or implicit
warranties in connection with the market, value and price of Digital Assets; you understand and
acknowledge that the Digital Asset market is unstable, that the price and value of Digital Assets
may fluctuate or collapse at any time, and that the transaction of Digital Assets is based on your
personal free will and decision and therefore you shall assume any and all risks and losses that may
possible arise therefrom.
12.7
During periods of market volatility, high volume trades, fast movement and illiquidity in the
market, the market rate in which you buy, sell or trade Digital Assets may be different to the price
indicated on our Sites and as such we will be unable to execute your order and will return the funds
to your account. We will not be liable for any price variation due to market volatility, market or
technology disruptions, delays or any other matters that are outside our control. We may reasonably
decide not to execute a trade if the market rate significantly increases or decreases or in the
event of a market disruption or other event, which is outside our control. In such cases, we may
cancel your buy or sell order and return the funds into your account. We will exercise reasonable
care to notify you of these events and, when you receive a notification, you must check your account
and any pending or cancelled transactions.
12.8
The guarantees and undertakings specified in this Agreement shall be the only guarantee
and
statements that we make in connection with the Services provided by us under this Agreement and
through the Sites, and shall supersede any and all the warranties and commitments arising in any
other way and manner, whether in writing or in words, express or implied. All these guarantees
and
statements represent only our own commitments and undertakings and do not guarantee any third
party's compliance with the guarantees and commitments contained in this Agreement.
12.9
We do not waive any of the rights not mentioned in this Agreement and to the maximum
extent
permitted by the applicable law, to limit, exempt or offset our liability for damages.
12.10
Upon your registration of your account with the Sites, it shall be deemed that you
approve
any and all operations performed by us in accordance with the rules set forth in this Agreement,
and
any and all risks arising from such operations shall be assumed by you.
13.
APPLICABLE LAWS
13.1
Making, execution and interpretation of this agreement, and settlement of the disputes
shall
be governed by laws of the Republic of Panama.
13.2
The terms and conditions of this Agreement are severable. If any term or condition of
this
agreement is ruled invalid or unenforceable, the term or condition may be interpreted by the
applicable laws, without prejudice to the continuation of the remaining terms and
conditions.
13.3
This Agreement sets forth the entire agreement and understanding of the parties hereto in
respect of the subject matter contained herein and therein, and supersedes all prior agreements,
promises, covenants, arrangements, communications, representations or warranties, whether oral
or
written, relating to the subject matter hereof and thereof. We reserve the right of final
interpretation of this Agreement.
14.
ANTI-MONEY
LAUNDERING AND COUNTER-TERRORIST FINANCING
14.1
We are committed to providing you with safe, compliant, and reputable Services.
Accordingly,
we have a comprehensive and thorough customer due diligence process including ongoing analysis
and
reporting. This includes monitoring suspicious transactions and reporting to international
regulators. We need to keep certain information and documentation on file pursuant to applicable
laws and as part of our contractual obligations, and we hereby expressly reserve the right to
store
such information and documentation. This will apply even when you terminate your relationship
with
Gate.io or abandon your application to have an account with Gate.io.
15.
INDEMNITY
15.1
In no circumstances may our liability for your direct damage exceed the total cost
incurred by
your three months' use of services offered by us.
15.2
Should you breach this Agreement or any applicable laws or administrative regulations,
you
shall bear and pay to us all damages, losses (whether direct or consequential), costs and
expenses
in connection with such breach (including attorney's fees, among others).
16.
DISPUTE RESOLUTION
16.1
Each Party agrees that any dispute arising out of or in connection with this Agreement or
any
document or transaction in connection with this Agreement (including any dispute or claim
relating
to
(a)
the existence, validity or termination of this Agreement; and
(b)
any non-contractual obligations arising out of or in connection with this Agreement
(“
Dispute
”)
shall at first instance be referred to and resolved amicably through negotiation.
16.2
In the event that the Dispute fails to be resolved by negotiation within thirty (30) days from the
initiation of such negotiations by issuance of a notice of Dispute by one Party to the other Party,
such Dispute shall be referred to and finally resolved by arbitration in Panama to the exclusion of
the ordinary courts, in accordance with the Arbitration Rules of the International Chamber of
Commerce for the time being in force which rules are deemed to be incorporated by reference in this
clause. The seat of arbitration shall be Panama. The arbitration tribunal shall consist of one
arbitrator. The language of the arbitration shall be in English.
16.3
The Parties further agree that following the commencement of arbitration, they will
attempt in
good faith to resolve the Dispute through mediation. Any settlement reached in the course of the
mediation shall be referred to the then-seating arbitral tribunal and maybe made a consent award
on
agreed terms.
17.
CALCULATION
All the transaction calculations are verified by us, and all the calculation methods have been
posted on the Website, but we cannot ensure that your use of this Website will not be disturbed
or
free from errors.
18.
INTELLECTUAL PROPERTY
Unless otherwise indicated by us, all intellectual property rights relating to all the material
used on the Sites or any associated mobile applications, or provided in connection with the
Services
including, but not limited to, design, structure, layouts, graphical images and underlying
source
code belongs to us. All intellectual proprietary rights are reserved.
We grant you a limited, non-exclusive, non-sublicensable, and non- transferable license, to
access
and use the Services solely for approved purposes as determined by us from time to time. Any
other
use of the Services is expressly prohibited.
19.
SUPPLEMENTARY PROVISIONS
The rules of service or use of product, reminders on pages are integral parts of this Agreement
and
are of equal legal effectiveness with the body of agreement. Rules of service include but are
not
limited to privacy policy, anti-cheating statement, anti-money laundering policy and other
trading
rules.
20.
KNOW-YOUR-CUSTOMERS AND ANTI-MONEY LAUNDERING POLICIES PREAMBLE
We ensure that we comply with know-your-customer and anti-money- laundering laws and
regulations
and will not knowingly violate know-your-customers and anti-money-laundering policies. To the
extent
of our reasonable control, we will adopt necessary measures and technology to provide you with
Services that are safe and secure, to protect you against the loss caused by money laundering to
the
greatest extent possible.
Our know-your-customer and anti-money-laundering policies are a comprehensive system of
international policies, including the know-your-customer and anti-money-laundering policies of
the
jurisdictions to which you are subject to. Our robust compliance framework ensures that we meet
regulatory requirements and regulatory standards on both the local and global levels and ensure
the
operational sustainability of our website.
20.1
Content of Our Know-Your-Customer and Anti-Money-Laundering Policies
(a)
We promulgate and update know-your-customers and anti-money- laundering policies to meet
the
standards set by relevant laws and regulations;
(b)
We promulgate and update some of the guidelines and rules in connection with the operation
of
the Sites, and our staff will provide you whole-process service in accordance with the
guidelines
and rules;
(c)
We design and complete the procedures for internal monitoring and transaction control,
such
as
rigorous identity authentication procedures, and form a professional team responsible for
anti-money
laundering compliance;
(d)
We adopt risk-prevention-based approach to carry out due diligence and continuous
supervision
in connection with customers. In addition, users from jurisdictions identified as
under increased monitoring by the Financial Action Task Force (FATF) will be subjected to
additional enhanced due diligence measures as deemed appropriate by our internal
monitoring;
(e)
We review and regularly inspect existing transactions;
(f)
We will eport suspicious transactions to the competent authorities;
(g)
Proof documents of identity documents, address certificates and transaction records will
be
maintained for at least six(6) years. If they are submitted to the regulatory authorities, a
separate notice may not be provided to you; and
(h)
Credit cards are prohibited throughout the course of the transaction.
(a)
In accordance with the laws and regulations of relevant jurisdictions and in light of the
nature of entities concerned, the content of your information as is collected by us may vary,
and in
principle, we will collect the following information of yours if you register as an
individual:
i)
Basic personal information: your name, address (and permanent address, if the two are
different), date of birth and nationality, and other information available. Identity
authentication
shall be based on documents issued by the official or other similar authorities, such as
passports,
identity cards or other identity documents as are required and issued by relevant jurisdictions.
The
address you provide will be validated in an appropriate manner, such as checking the fare ticket
of
means of transportation you use, your interest rate bills, or voter register.
ii)
Valid photo: before you register, you must provide a photograph showing you holding your
identity document in front of your chest; and
iii)
Contact information: telephone/mobile phone number and valid email address.
(b)
If you are a company or any other type of legal entity, we will collect the following
information of yours to determine the final beneficiary of your account or your trust
account:
i)
Your corporation enrollment and registration certificates of the company;
ii)
a copy of the articles of association and memorandum of the company;
iii)
the detailed certification materials of the ownership structure and ownership description
of
the company;
iv)
the decision of the board of directors on designating the authorized agent of the company
responsible for the opening and execution of the account of the company with us;
v)
the identity documents of the directors, major shareholders of the company as well as the
authorized signatory for the company's account with the website, as are required to be
provided
in accordance with relevant rules;
vi)
the company's main business address, and the company's mailing address if it is
different from the main business address of the company. If the local address of the company is
different from its main business address, the company shall be deemed to be a high- risk
customer,
and consequently the company will be required to provide additional documentation; and
vii)
Other certification documents, documents issued by competent authorities and other
documents
we may deem necessary in light of the laws and regulations of relevant jurisdictions and in
light of
the specific nature of your entity.
(c)
We only accept English and Chinese versions of your identity information. If your identity
information is not in either of the two languages, you must have your identity information
translated into English and have the documents duly notarized.
20.3
Confirmation and Verification
(a)
You are required to provide both the front and back sides of your identity
documents.
(b)
You are required to provide us with a photograph showing you holding your identity
documents in
front of your chest.
(c)
Copies of certification documents shall be checked against the originals thereof.
Nonetheless,
if a trusted and suitable certified person can prove that such copies are accurate and
comprehensive
duplicates of the originals thereof, such copies shall be deemed as acceptable. Such certifiers
include ambassadors, members of the judiciary, and magistrates.
(d)
The identification of the ultimate beneficiary and controller of the account shall be
based
on
the determination of which individuals ultimately own or control the direct customer and/or to
determining that the ongoing transaction is performed by another person. If you are a business
enterprise, the identity of major shareholders thereof (for example, those holding 10 % or more
of
the voting equity in such business enterprise) shall be verified. Generally, a shareholder
holding
25 % of the shares of the company will be deemed as involving an average level of risk, and the
identity of the shareholder shall be verified; a shareholder holding 10 % or more of the voting
rights or shares is deemed to be involving a high level of risk, and the identity of the
shareholder
shall be verified.
20.4
Your obligations for KYC and AML compliance
(a)
You hereby affirm that all information provided to us in connection with KYC and AML
requirements, or any other regulatory or compliance purposes, is at all relevant times true,
accurate, complete and up-to-date.
(b)
You acknowledge and agree that maintaining up-to-date information is crucial for compliance
with KYC and AML regulations and it is your sole responsibility to promptly update any and all
information provided to us as soon as there is any change. This includes, but is not limited to,
changes in personal identification details, contact information, and financial status.
(c)
You understand and agree that failure to provide accurate, complete, and updated information
may result in non-compliance with KYC and AML regulations and therefore you accept full
responsibility for any consequences, including legal liability or service suspension, arising
from your failure to comply with these obligations.
(d)
You agree to indemnify and hold harmless us, our affiliates, officers, directors, and
employees from any claim, demand, loss, liability, or expense, including legal fees, arising out
of or related to your non-compliance with the obligations set forth in this document, including
but not limited to the provision of outdated, false, or incomplete information.
(e)
You acknowledge and agree that we reserve the right, at our sole discretion, to request
additional information or documentation from you at any time to verify the accuracy and
completeness of the information provided and to ensure compliance with KYC and AML
regulations.