Coinbtce reserves the right to investigate any violation of these Terms of Use, unilaterally determine whether you have violated these Terms of Use, and take action to comply with applicable regulations without your consent or prior notice. Examples of such actions include, but are not limited to:
Blocking and closing orders; requesting account freezes; reporting incidents to authorities; publishing alleged violations and actions taken; and removing any information you have posted regarding violations.
7. Orders and Service Fees
a. Orders
Upon placing an instruction to trade using the Service (an "Order"), your account will be immediately updated to reflect the outstanding order, and your order will be listed on the Coinbtce market bulletin board to match orders from other users. If your order is matched in whole or in part with another user's order, the Service will execute the exchange (a "Trade"). Upon execution of a Trade, your account will be updated to reflect the Order's closure due to full execution, or to reflect its partial fulfillment. An Order will remain outstanding until fully executed or canceled in accordance with Section (b) below. To effectuate a Trade, you authorize Coinbtce to temporarily control the digital currency you dispose of in the Trade.
b. Cancellation
You may cancel an order initiated through the Service only before your order is matched with another user's order. Once your order is matched with another user's order, you may not change, revoke, or cancel Coinbtce's authorization to fulfill the order. If any order is partially matched, you may cancel the unmatched portion of the order, but not if the unmatched portion has already been matched. Coinbtce reserves the right to deny any cancellation request related to an order after you submit it. If you do not have sufficient digital currency in your account to fulfill an order, Coinbtce may cancel the entire order or fulfill the portion of the order that can be covered by the digital currency in your account (in each case, after deducting any fees payable to Coinbtce in connection with the transaction, as described in Section (c) below).
c. Fees
You agree to pay Coinbtce the fees set forth herein, which Coinbtce may update at any time in its sole discretion. Any updated fees will apply to any purchases, sales, or other transactions occurring after the effective date of the updated fees. You authorize Coinbtce to debit your account for any applicable fees owed by you under these Terms of Use.
8. Liability
a. Warranty Disclaimer
To the maximum extent permitted by applicable law, the Services, Coinbtce Materials, and any products, services, or other items provided by or on behalf of Coinbtce are provided on an "as is" and "as available" basis, and Coinbtce expressly disclaims, and you also disclaim, all other warranties of any kind, whether express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, or non-infringement, or those arising from course of performance, course of dealing, or usage of trade. Without limiting the foregoing, Coinbtce makes no representations or warranties regarding the accuracy, completeness, reliability, effectiveness, lack of errors, or the absence of viruses or other harmful components of the Website, Services, or Coinbtce Materials. Coinbtce does not guarantee that any order will be executed, accepted, recorded, or remain outstanding. Except as expressly stated in this Agreement, you hereby acknowledge and agree that you have not relied on any other written or oral representations or agreements in connection with your use and access to the Services. Without limiting the foregoing, you hereby understand and agree that Coinbtce shall not be liable for any loss or damage arising out of or related to:
(A) inaccuracies, defects, or omissions in digital currency price data;
(B) any errors or delays in the transmission of such data;
(C) interruptions in such data, and any damages caused by the actions, omissions, or breach of this Agreement by other users. The disclaimers of implied warranties set forth in this Agreement may not apply to the extent prohibited by applicable law in the jurisdiction where you reside.
b. Disclaimer of Damages and Limitation of Liability
To the maximum extent permitted by applicable law, Coinbtce, its affiliates, and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers, or contractors shall not in any event be liable for any incidental, indirect, special, punitive, consequential, or similar damages or liabilities (including, without limitation, loss of data, information, revenue, profits, or other business or financial advantage) arising out of the Service, any performance or non-performance of the Service, or other products, services, or other items provided by or on behalf of Coinbtce or its affiliates, whether based on contract, statute, strict liability, or other theory, even if Coinbtce has been advised of the possibility of damages, unless a final judicial determination is made that such damages were caused by Coinbtce's gross negligence, fraud, willful misconduct, or intentional violation of law. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you. Notwithstanding the foregoing, in no event shall the liability of Coinbtce, its affiliates, and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers, or contractors arising out of or in connection with the services provided by or on behalf of Coinbtce or its affiliates, any performance or non-performance of the services, or any other products, services, or other items provided by or on behalf of Coinbtce or its affiliates, whether based on contract, statute, strict liability, or other theory, exceed the amount of fees paid by you to Coinbtce under this Agreement during the twelve months preceding the event giving rise to the claim for liability.
c. Indemnification
You agree to indemnify and hold harmless Coinbtce, its affiliates, contractors, licensors, and their respective directors, officers, employees, and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses, and damages (including attorneys' fees, fines, or penalties imposed by any regulatory authority) arising out of or relating to:
(i) your use of or conduct related to the Service;
(ii) your breach of these Terms of Service or our enforcement of these Terms of Service;
(iii) your violation of any applicable law, regulation, or the rights of any third party during your use of the Service. If you are obligated to indemnify Coinbtce, its affiliates, contractors, licensors, and their respective directors, officers, employees, or agents under these Terms of Service,
Coinbtce will have the right, in its sole discretion, to control any action or proceeding and to determine whether Coinbtce wishes to settle, and if so, on what terms.
9. Announcements
Please note that all official announcements, news, promotions, contests, and airdrops will be posted on Coinbtce. We encourage all users to review this information regularly. Coinbtce will not be liable for any losses incurred by users due to their ignorance or negligence regarding these announcements.
10. Termination of Agreement
You agree that Coinbtce reserves the right to immediately suspend your account (and any accounts beneficially owned by affiliated entities or related parties), freeze or lock all funds in such accounts, and suspend your access to Coinbtce for any reason, including if any such account is suspected of violating these Terms of Use, our Privacy Policy, or any applicable laws or regulations. You agree that Coinbtce is not responsible for any permanent or temporary modification of your account, or for any suspension or termination of your access to all or part of the Services. Coinbtce reserves the right to store and use transaction data or other information related to your account. The above account controls may also apply in the following circumstances:
The account is subject to government proceedings, criminal investigations, or other pending litigation;
We discover unusual activity in the account;
We detect unauthorized access to the account;
We are required to do so pursuant to a court order or order from a regulatory or governmental authority. If any of the following events occur, Coinbtce reserves the right to terminate this Agreement directly by canceling your account and to permanently freeze (cancel) the authorization you granted to Coinbtce with respect to your account and revoke the corresponding Coinbtce account;
After Coinbtce terminates its service to you;
You are alleged to have registered as a Coinbtce user again, directly or indirectly, under the name of any other person;
The information you provided is untrue, inaccurate, outdated, or incomplete;
When amending these Terms of Service, you clearly state and notify Coinbtce that you do not wish to accept the amended terms;
You request termination of service;
Any other circumstance in which Coinbtce deems it appropriate to terminate service. If your account is terminated, account and transaction information that meets the data retention criteria will be securely stored for five years. Furthermore, if any transactions remain uncompleted during the account termination process, Coinbtce reserves the right to inform your counterparty of the situation at that time. You agree that user-initiated account withdrawals (right to erasure under GDPR or other equivalent regulations) will also be subject to the aforementioned termination agreement. If Coinbtce is notified that any funds in your account have been stolen or are not lawfully yours, Coinbtce may, but is not obligated to, exercise administrative control over the affected funds and your account. If administrative control over some or all of the funds or your account is necessary, Coinbtce may continue to hold them until the dispute is resolved and evidence of the resolution acceptable to Coinbtce has been provided to Coinbtce in a form acceptable to Coinbtce. Coinbtce will not participate in any such dispute or dispute resolution. You agree that Coinbtce is not responsible for any such control or your inability to withdraw funds or execute transactions during any period of control.
a. Remaining Funds After Account Termination: Except as provided in Section (b) below, upon account closure/cancellation, all remaining balances on the account (including fees and debts owed to Coinbtce) will be immediately payable to Coinbtce. After paying all outstanding fees (if any) to Coinbtce, users will have five business days to withdraw all funds from their accounts.
b. Remaining Funds After Account Termination Due to Fraud, Illegal Activities, or Violation of These Terms of Use
Coinbtce retains full custody of funds and user data/information, and such funds and user data/information may be handed over to government authorities in the event of an account suspension/closure resulting from a fraud investigation, illegal activities investigation, or violation of these Terms of Use.
11. No Financial Advice
Coinbtce is not your broker, intermediary, agent, or advisor, and has no fiduciary relationship or fiduciary obligations with you in connection with any transactions or other decisions or activities you conduct using the Service. Any communications or information provided to you by Coinbtce is not intended to constitute or should be considered or construed as investment advice, financial advice, trading advice, or any other type of advice. All transactions are automatically executed based on the parameters specified in your order and the published trade execution procedures. You are solely responsible for determining whether any investment, investment strategy, or related transaction is suitable for you based on your personal investment objectives, financial situation, and risk tolerance. You should consult a legal or tax professional regarding your specific situation. Coinbtce does not recommend that you buy, acquire, sell, or hold any digital currency. Before making a decision to buy, sell, or hold any digital currency, you should conduct due diligence and consult your financial advisor before making any investment decisions. Coinbtce is not responsible for any decision you make to buy, sell, or hold digital currency based on information provided by Coinbtce.
12. Compliance with Local Laws
Users are responsible for complying with local laws regarding their use of Coinbtce services. Users must also consider all aspects of taxation, including withholding, collection, reporting, and remittance to their respective tax authorities, in accordance with local law. All users of Coinbtce and any of its services affirm and represent that their funds are from lawful sources and are not derived from illegal activity. Coinbtce cooperates with law enforcement agencies worldwide and will not hesitate to seize, freeze, or terminate user accounts and funds where legally authorized to close or investigate.
13. Privacy Statement
Access to this service requires the submission of certain personally identifiable information. Please read the Coinbtce Privacy Statement posted here for a summary of Coinbtce's practices regarding the collection and use of personally identifiable information.
14. Dispute Resolution: Venue, Arbitration, Class Action Waiver, Governing Law
Please read this clause carefully, as it involves a waiver of certain rights to bring legal action.
a. Dispute Notice
Contact Coinbtce First! Coinbtce seeks to resolve your concerns without resorting to formal legal proceedings. Before filing a claim, you agree to first attempt to resolve disputes informally by contacting Coinbtce.
b. Arbitration Agreement
You and Coinbtce agree to resolve any claim arising out of or relating to this Agreement (including any questions regarding the existence, validity, or termination of this Agreement, or any services or products provided by us or any statements made by us) through final and binding arbitration, except as provided in the Exceptions to Arbitration Agreement section below. You agree to first contact Coinbtce in accordance with Section (a) above to provide us with an opportunity to resolve any claim. If we are unable to resolve your claim within 60 days of receipt of the notice, you may seek relief through arbitration or in the Singapore Small Claims Court in accordance with the provisions below.
c. Arbitration Procedure
You or Coinbtce may submit a dispute (after amicable negotiation pursuant to clauses (a) and (b) above) for final settlement by binding arbitration in accordance with the Arbitration Rules of the Singapore International Court of Arbitration (incorporated into this Agreement by reference). The arbitral tribunal shall consist of a sole arbitrator appointed by the President of the LCIA. The language of the arbitration hearing shall be English, and the seat or legal venue of the arbitration shall be Singapore. Judgment on any arbitration award may be entered in any court having jurisdiction over the party (or its assets) against whom the award was rendered.
d. Exceptions
Conversely, if the claim falls within the jurisdiction of the Singapore Small Claims Court, either party may elect to assert its claim in the Singapore Small Claims Court, and either party may seek injunctive or other urgent equitable relief from a court of competent jurisdiction. However, for the avoidance of doubt, if a claim is not within the jurisdiction of the Singapore Small Claims Court, the claim will be referred to the Singapore Court of International Arbitration for final resolution by arbitration.
e. Notice
To commence arbitration proceedings, you must notify Prospect Way Royal Oak Industrial Estate, Daventry, Northamptonshire, NN118
PL sends a letter requesting arbitration and describing the claim. If we file for arbitration against you, we will send a notice to the email address or street address you provided. For rules and submission instructions, please see. f. Governing Law This Agreement shall be governed by the laws of Singapore, excluding the principles of conflict of laws, unless otherwise required by the mandatory laws of any other jurisdiction. 15. Tips If your transaction results in the freezing of funds of OTC merchants or other users (transaction methods include but are not limited to transactions via bank cards, Alipay, WeChat, etc.), then: (1) If the merchant funds are frozen for less than six months, Coinbtce has the right to freeze your trading account without any prior notice and require you to provide all necessary transaction information, including but not limited to KYC information in the form of video (for details of KYC information, please refer to the "Coinbtce KYC and Anti-Money Laundering Agreement"), fund flow, etc. If the merchant funds are successfully unfrozen, you can apply to Coinbtce for the unfreezing of your trading account. (2) If the merchant's funds are frozen for more than six months, in addition to the rights provided in paragraph 1 of this Article, Coinbtce has the right to require you to provide assets as a transaction margin.
16. Miscellaneous
a. Independent Parties
Coinbtce is an independent contractor and not your agent in the performance of these Terms of Use. These Terms of Use shall not be construed as evidence of a joint venture, joint venture, partnership or franchise between the parties.
b. Entire Agreement
These Terms of Use constitute the entire agreement between the parties regarding the use of the Service and supersede all prior written or oral agreements between the parties. The parties shall not use transactions or other common practices or methods of dealing to modify, interpret, supplement or alter the terms of these Terms of Use.
c. Force Majeure
Coinbtce shall not be liable for any delay or failure to perform as required by these Terms of Use due to any cause or condition beyond Coinbtce's reasonable control.
d. Severability
If any part of these Terms of Use is held invalid or unenforceable, such invalidity or unenforceability will not affect the remaining provisions of these Terms of Use, which will remain in full force and effect, with the invalid or unenforceable portion being given full effect to the maximum extent possible.
e. Assignment
You may not assign or transfer any rights to use the Service or any of your rights or obligations under these Terms of Use without our prior written consent, including by operation of law or in connection with a change of control. Coinbtce may assign or transfer any or all of its rights or obligations under these Terms of Use, in whole or in part, without notifying you or obtaining your consent or approval.
f. Waiver
A party's failure to require performance of any provision will not affect that party's right to require performance at any time thereafter, and a waiver of a breach of any provision of these Terms of Use or these Terms of Use will not constitute a waiver of any subsequent breach or violation or a waiver of the provision itself.
g. Third-Party Website Disclaimer
Any links to third-party websites within the Service do not imply Coinbtce's endorsement of any products, services, or information offered there.
Coinbtce does not guarantee the accuracy of the information contained therein. Furthermore, because Coinbtce has no control over the terms of use or privacy practices of third-party websites, you should carefully read and understand those policies.