SIREX Terms of use
This
agreement is between you (referenced herein as “you” or with “your”) and
Sirex. By accessing, using or clicking “I agree” to any of the services made available by Sirex or one of its
affiliates through this website, our mobile applications, or any other related
services provided by Sirex or its affiliates as further described in Section 4
below (collectively, the “Services”) you agree that you have read, understood and accepted all of the
terms and conditions contained in this Terms of Use agreement (the or these “Terms”), as well as our Privacy Policy. Additionally,
when using certain features of the Services, you may be subject to additional
terms and conditions applicable to such features.
PLEASE
READ THESE TERMS CAREFULLY AS THEY GOVERN YOUR USE OF THE SERVICES. THESE TERMS
CONTAINS IMPORTANT PROVISIONS INCLUDING AN ARBITRATION PROVISION THAT REQUIRES
ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION. THE TERMS OF THE
ARBITRATION PROVISION ARE SET FORTH IN SECTION 14 BELOW ENTITLED “RESOLVING DISPUTES: FORUM, ARBITRATION, CLASS ACTION WAIVER,
GOVERNING LAW.” AS WITH ANY ASSET, THE VALUE OF DIGITAL
CURRENCIES CAN GO UP OR DOWN AND THERE CAN BE A SUBSTANTIAL RISK THAT YOU WILL
LOSE MONEY BUYING, SELLING, HOLDING, OR INVESTING IN DIGITAL CURRENCIES. BY
USING THE SERVICES YOU ACKNOWLEDGE AND AGREE THAT (1) YOU ARE AWARE OF THE
RISKS ASSOCIATED WITH TRANSACTING IN DIGITAL CURRENCIES (2) THAT YOU ASSUME ALL
RISKS WITH RESPECT TO YOUR USE OF THE SERVICES AND TRADING IN DIGITAL
CURRENCIES AND (3) SIREX IS NOT RESPONSIBLE OR LIABLE FOR ANY SUCH RISKS OR
ADVERSE OUTCOMES.
BY
ACCESSING, USING OR ATTEMPTING TO USE THE SERVICES IN ANY CAPACITY, YOU
ACKNOWLEDGE THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT
AGREE, DO NOT ACCESS OR USE THE SERVICES.
1.
Agreement Conditions
Sirex
reserves the right to modify or change the Terms at any time and at its sole
discretion. Sirex will provide notice of these changes by updating the revised
Terms on the webpage and changing the “[Last revised: ]” date on this page. Any and all modifications or changes to these
Terms will be effective immediately upon being announced on the website or
released to users. As such, your continued use of Sirex’s services acts as acceptance of the amended agreement and rules. If
you do not agree to any modification to these Terms, you must stop using the
Services. Sirex encourages you to frequently review the Terms to ensure you
understand the terms and conditions that apply to your access to, and use of,
the Services.
2.
Eligibility
By
registering to use a Sirex Account (as defined in Section 5 below), you
represent and warrant that you (a) are at least 18 years old or of legal age to
form a binding contract under applicable law, (b) are an individual, legal
person or other organization with full legal capacity and authority to enter
into these Terms, (c) have not previously been suspended or removed from using
our Services and (d) you do not currently have an existing Sirex Account. If
you are entering into these Terms on behalf of a legal entity of which you are
an employee or agent, you represent and warrant that you have all necessary
rights and authority to bind such legal entity.
3.
Prohibition of Use
By
accessing and using the Services, you represent and warrant that you are not on
any trade or economic sanctions lists, such as the UN Security Council
Sanctions list, designated as a “Specially Designated
National” by OFAC (Office of Foreign Assets Control of
the U.S. Treasury Department) or placed on the U.S. Commerce Department’s “Denied Persons List”. Sirex maintains the right to select its markets and jurisdictions
to operate and may restrict or deny the Services in certain countries at its
discretion.
4.
Description of Services
Sirex
provides an online digital asset trading platform (crypto to crypto) for
products commonly known as cryptographic tokens, digital tokens or
cryptographic currency (collectively, “Digital Currency”). Sirex functions as a trading platform provider and not as a buyer
or seller in trades made between traders. Sirex is also not a market maker.
Users must register and open an account with Sirex as further set forth in
Section 5 below and deposit digital assets prior to commencement of trading.
Traders may request the withdrawal of their digital assets, subject to the
limitations as stated in these Terms.
Sirex
strives to maintain the accuracy of information posted on the Services however
it cannot and does not guarantee the accuracy, suitability, reliability,
completeness, performance or fitness for any purpose of the content made
available through the Services, and will not be liable for any loss or damage
that may arise directly or indirectly from your use of such content.
Information on the Services can be subjected to change without notice and is
provided for the primary purpose of facilitating users to arrive at independent
decisions. Sirex does not provide investment or advisory advice and will have
no liability for the use or interpretation of information as stated on the
Services or other communication mediums. All users of the Services must
understand that there are risks involved in trading in Digital Currencies. Sirex
encourages all users to exercise prudence and trade responsibly within their
own means.
5.
Sirex Account Registration & Requirements
a.
Registration
All
users of the Services (each, a “User”) must register for a Sirex account (an “Account”) before using the Services. To register for an Account, you must
provide your real name, email address and password, as well as accept the Terms
of Use, Privacy Policy and Consent Form. Sirex may, in its sole discretion,
refuse to open an account for you. You agree to provide complete and accurate
information when opening an Account and agree to promptly update any
information you provide to Sirex so that such information is complete and
accurate at all times. Each registration is for a single user only and each
User (including with respect to any User that is a business or legal entity)
may only maintain one active Account with Sirex.
b. User
Identity Verification
With
registration of an account on Sirex, you agree to share personal information
requested for the purposes of identity verification. This information is used
specifically for the detection of money laundering, terrorist financing, fraud
and other financial crimes on the Sirex platform. We will collect, use and
share this information in accordance with our posted Privacy Policy. In
addition to providing this information, to facilitate compliance with global
industry standards for data retention, you agree to permit us to keep a record
of such information for the lifetime of your account plus 5 years beyond
account closing. You also authorise us to make inquiries, either directly or
through third parties, that are deemed necessary to verify your identity or to
protect you and/or us against financial crimes such as fraud.
The
identity verification information we request may include, but is not limited to,
your: Name, Email Address, Contact Information, Telephone Number, Username,
Government Issued ID, Date of Birth and other information collected at the time
of account registration. In providing this required information, you confirm
that it is accurate and authentic. Post-registration, you must guarantee that
the information is truthful, complete and updated in a timely manner with any
changes. If there is any reasonable doubt that any information provided by you
is wrong, untruthful, outdated or incomplete, Sirex shall have the right to
send you a notice to demand corrections, remove relevant information directly
and, as the case may be, terminate all or part of the Services to you. You
shall be solely and fully responsible for any loss or expenses incurred during
the use of Sirex Service if you cannot be reached through the contact
information provided. You hereby acknowledge and agree that you have the
obligation to keep all information provided up to date if there are any
changes.
BY
SIGNING UP FOR ACCOUNT YOU HEREBY AUTHORIZE SIREX TO MAKE INQUIRIES, WHETHER
DIRECTLY OR THROUGH THIRD PARTIES, THAT SIREX CONSIDERS NECESSARY TO VERIFY
YOUR IDENTITY OR PROTECT YOU AND/OR SIREX AGAINST FRAUD OR OTHER FINANCIAL
CRIMES, AND TO TAKE ACTION SIREX REASONABLY DEEMS NECESSARY BASED ON THE
RESULTS OF SUCH INQUIRIES. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOUR PERSONAL
INFORMATION MAY BE DISCLOSED TO CREDIT REFERENCE AND FRAUD PREVENTION OR
FINANCIAL CRIME AGENCIES AND THAT THESE AG ENCIES MAY RESPOND TO OUR INQUIRIES
IN FULL.
c.
Account Usage Requirements
Accounts
can only be used by the person whose name they are registered under. Sirex
reserves the right to suspend, freeze or cancel accounts that are used by
persons other than the persons whose names they are registered under. You shall
immediately notify Sirex if you suspect or become aware of unauthorized use of
your user name and password. Sirex will not be liable for any loss or damage
arising from any use of your Account by you or by any third party (whether or not
authorized by you).
d.
Account Security
Sirex
strives to maintain the safety of those user funds entrusted to us and has
implemented industry standard protections for the Services. However, there are
risks that are created by individual User actions. You agree to consider your
access credentials such as user name and password as confidential information
and not to disclose such information to any third party. You also agree that
you alone are responsible for taking necessary safety precautions to protect
your own account and personal information.
You
shall be solely responsible for the safekeeping of your Sirex account and
password on your own, and you shall be responsible for all activities under
Account and Sirex will not be responsible for any loss or consequences of
authorized or unauthorized use of your Account credentials including but not
limited to information disclosure, information posting, consent to or
submission of various rules and agreements by clicking on the website, online
renewal of agreement, etc.
By
creating an Account, you hereby agree that:
(i) you will notify Sirex immediately if you are aware of any unauthorized use
of your Sirex account and password by any person or any other violations to the
security rules;
(ii) you will strictly observe the security, authentication, dealing, charging,
withdrawal mechanism or procedures of the website/service; and
(iii) you will log out from the website by taking proper steps at the end of
every visit.
6.
Guidelines for Usage of the Services
a.
License
Subject
to your continued compliance with the express terms and conditions of these
Terms, Sirex provides to you a revocable, limited, royalty-free, non-exclusive,
non-transferable, and non-sublicensable license to access and use the Services
on your computer or other internet compatible device for your personal,
internal use only. You are not permitted to use the Services for any resale or
commercial use including to place trades on behalf of another person or entity.
All such use is expressly prohibited and shall constitute a material violation
of these Terms. The content layout, formatting, and features of and access
privileges for the Services shall be as specified by Sirex in its sole
discretion. All rights not expressly granted under these Terms are hereby
reserved. Accordingly, you are hereby prohibited from using the Services in any
manner that is not expressly and unambiguously authorized by these Terms.
These
Terms provide only a limited license to access and use the Services.
Accordingly, you hereby agree that Sirex transfers no ownership or intellectual
property interest or title in and to the Services or any Sirex intellectual
property to you or anyone else in connection with your use of the Services. All
text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork,
computer code (including html code), programs, software, products, information,
and documentation as well as the design, structure, selection, coordination,
expression, “look and feel,”
and arrangement of any content contained on or available through the Services
are exclusively owned, controlled, and/or licensed by Sirex or its members,
parent(s), licensors, or affiliates.
Sirex
will own any feedback, suggestions, ideas, or other information or materials
regarding Sirex or the Services that you provide, whether by email, through the
Services or otherwise (“Feedback”). You hereby assign to Sirex all right, title and interest to
Feedback together with all associated intellectual property rights. You will
not be entitled to, and hereby waive any claim for, acknowledgment or
compensation based on any Feedback or any modifications made based on any
Feedback.
b.
Restrictions
When you
use the Services you agree and covenant to observe the following:
All the
activities that you carry out during the use of the Services will be in
compliance with the requirements of applicable laws, regulations, as well as
the various guidelines of Sirex:
Your use
of the Services will not be in violation of public interests, public ethics or
other’s legitimate interests including taking any
action that would interfere with, disrupt, negatively affect, or inhibit other
Users from using the Services:
You
agree not to use the services for engaging in market manipulation (such as pump
and dump schemes, wash trading, self-trading, front running, quote stuffing,
and spoofing or layering regardless of whether prohibited by law);
The
following commercial uses of Sirex data is prohibited unless written consent
from Sirex is granted:
1) Exchange services that use quotes or order book information from Sirex.
2) Data feed or data stream services that make use of any market data from Sirex.
3) Any other websites/apps/services that charge for, or otherwise commercially
monetize (including through advertising or referral fees), market data obtained
from Sirex.
You may
not modify, reproduce, duplicate, copy, download, store, further transmit,
disseminate, transfer, disassemble, broadcast, publish, remove or alter any
proprietary notices or labels, license, sublicense, sell, mirror, frame, rent,
lease, private label, grant a security interest in, create derivative works of,
or otherwise exploit the Properties, or any portion of the Properties without Sirex’s prior written consent.
You may
not (i) use any "deep link," "page scrape,"
"robot," "spider," or other automatic device, program,
script, algorithm, or methodology, or any similar or equivalent manual process,
to access, acquire, copy, or monitor any portion of the Properties or in any
way reproduce or circumvent the navigational structure or presentation of the
Services to obtain or attempt to obtain any materials, documents, or
information through any means not purposely made available through the
Services, (ii) attempt to gain unauthorized access to any portion or feature of
the Properties or any other systems or networks connected to the Services or to
any Sirex server or to any of the services offered on or through the Services,
by hacking, password "mining," or any other illegitimate or
prohibited means, (iii) probe, scan, or test the vulnerability of the Services
or any network connected to the Properties, nor breach the security or
authentication measures on the Services or any network connected to the
Services, (iv) reverse look-up, trace, or seek to trace any information on any
other user of or visitor to the Services, (v) take any action that imposes an
unreasonable or disproportionately large load on the infrastructure of the
Services or Sirex’s systems or networks or any systems
or networks connected to the Services, (v) use any device, software, or routine
to interfere with the proper working of the Services or any transaction
conducted on the Services, or with any other person's use of the Services, (vi)
forge headers, impersonate a person, or otherwise manipulate identifiers in
order to disguise your identity or the origin of any message or transmittal you
send to the Services, or (vii) use the Services in an unlawful manner.
By
accessing the Service, you agree that Sirex shall have the right to investigate
any violation of these Terms, unilaterally determine whether you have violated
these Terms, and take actions to apply relevant rules without receiving your
consent or giving prior notice to you. Examples of such actions include, but
are not limited to:
block
and close order requests
freezing
your account
reporting
the incident to authorities
publishing
the alleged violations and actions that have been taken
deleting
any information you published that is in violation
7.
Orders and Service Fees
a.
Orders
Upon
placing an instruction to effect a trade using the Services (an “Order”), your Account will be updated to
reflect the open Order and your Order will be included in Sirex’s order book for matching with Orders from other Users. If all or a
portion of your Order is matched with another User, the Services will execute
an exchange (a “Trade”). Upon
execution of a Trade, your Account will be updated to reflect that the Order
has either been closed due to having been fully executed, or updated to reflect
any partial fulfillment of the Order. Orders will remain open until fully
executed or cancelled in accordance with subsection (b) below. For purposes of
effectuating a Trade, you authorize Sirex to take temporary control of the
Digital Currency that you are disposing of in the Trade.
b. Cancellations
You may
only cancel an order initiated via the Services if such cancellation occurs
before your Order has been matched with an Order from another user. Once your
Order has been matched with an Order from another user, you may not change,
withdraw, or cancel your authorization for Sirex to complete such Order. If any
order has been partially matched, you may cancel the unmatched portion of the
Order unless and until the unmatched portion has been matched. Sirex reserves
the right to refuse any cancellation request associated with an Order after you
have submitted such Order. If you have an insufficient amount of Digital
Currency in your Account to fulfill an Order, Sirex may cancel the entire Order
or may fulfill a partial Order that can be covered by the Digital Currency in
your Account (in each case after deducting any fees payable to Sirex in
connection with the Trade as described in subsection (c) below).
c. Fees
You
agree to pay Sirex the fees which may be updated from time to time in Sirex’s sole discretion. Any such updated fees will apply prospectively to
any trades or other transactions that take place following the effective date
of such updated fees. You authorize Sirex to remove any amounts from your
Account for any applicable fees owed by you under these Terms.
8.
Liability
a.
Disclaimer of Warranties
TO THE
MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES, THE SIREX
MATERIALS AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF SIREX
ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND SIREX EXPRESSLY
DISCLAIMS, AND YOU WAIVE, ANY AND ALL OTHER WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR
WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN
TRADE. WITHOUT LIMITING THE FOREGOING, SIREX DOES NOT REPRESENT OR WARRANT THAT
THE SITE, THE SERVICES OR SIREX MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT,
ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SIREX DOES NOT
GUARANTEE THAT ANY ORDER WILL BE EXECUTED, ACCEPTED, RECORDED OR REMAIN OPEN.
EXCEPT FOR THE EXPRESS STATEMENTS SET FORTH IN THIS AGREEMENT, YOU HEREBY
ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR
UNDERSTANDING, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF
THE SERVICES. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE
THAT SIREX WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR
RELATING TO: (A) ANY INACCURACY, DEFECT OR OMISSION OF DIGITAL CURRENCY PRICE
DATA, (B) ANY ERROR OR DELAY IN THE TRANSMISSION OF SUCH DATA, (C) INTERRUPTION
IN ANY SUCH DATA AND (D) ANY DAMAGES INCURRED BY ANOTHER USER’S ACTIONS, OMISSIONS OR VIOLATION OF THIS AGREEMENT.
THE
DISCLAIMER OF IMPLIED WARRANTIES CONTAINED HEREIN MAY NOT APPLY IF AND TO THE
EXTENT IT IS PROHIBITED BY APPLICABLE LAW OF THE JURISDICTION IN WHICH YOU
RESIDE.
b.
Disclaimer of Damages and Limitation of Liability
TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SIREX, ITS
AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS,
EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE
LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR
SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS OR OTHER BUSINESS OR
FINANCIAL BENEFIT) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, ANY
PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE
OR OTHER ITEM PROVIDED BY OR ON BEHALF OF SIREX AND ITS AFFILIATES, WHETHER
UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF SIREX HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT OF A FINAL
JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF SIREX’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 WILL THE LIABILITY OF SIREX, ITS AFFILIATES AND
THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES,
ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OF OR
IN CONNECTION THE SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES,
OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF SIREX
OR ITS AFFILIATES WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER
THEORY, EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO SIREX UNDER THIS AGREEMENT
IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE
CLAIM FOR LIABILITY.
c.
Indemnification
You
agree to indemnify and hold harmless Sirex, 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
related to (i) your use of, or conduct in connection with, the Services, (ii)
your breach or our enforcement of these Terms, or (iii) your violation of any
applicable law, regulation, or rights of any third party during your use of the
Service. If you are obligated to indemnify Sirex, its affiliates, contractors,
licensors, and their respective directors, officers, employees or agents
pursuant to this clause, Sirex will have the right, in its sole discretion, to
control any action or proceeding and to determine whether Sirex wishes to
settle, and if so, on what terms.
9.
Announcements
Please
be aware that all official announcements, news, promotions, competitions and
airdrops will be listed on the Website where we urge all users to refer to
regularly. Sirex will not be held liable or responsible in any manner of
compensation should users incur personal losses arising from ignorance or
negligence of the announcements.
10.
Termination of Agreement
You
agree that Sirex shall have the right to immediately suspend your account (and
any accounts beneficially owned by related entities or affiliates), freeze or
lock the funds in all such accounts, and suspend your access to Sirex for any
reason including if it suspects any such accounts to be in violation of these
Terms, our Privacy Policy, or any applicable laws and regulations. You agree
that Sirex shall not be liable to you for any permanent or temporary
modification, suspension or termination of your Account or access to all or any
portion of the Services. Sirex shall have the right to keep and use the
transaction data or other information related to such accounts. The above
account controls may also be applied in the following cases:
The
account is subject to a governmental proceeding, criminal investigation or
other pending litigation;
We
detect unusual activity in the account;
We
detect unauthorized access to the account;
We are required
to do so by a court order or command by a regulatory/government authority
In case
of any of the following events, Sirex shall have the right to directly
terminate this agreement by cancelling your Account, and shall have the right
to permanently freeze (cancel) the authorizations of your account on Sirex and
withdraw the corresponding Sirex Account thereof:
after Sirex
terminates services to you;
you
allegedly register or register in any other person’s
name as Sirex user again, directly or indirectly;
the
information that you have provided is untruthful, inaccurate, outdated or
incomplete; when these Terms are amended, you expressly state and notify Sirex
of your unwillingness to accept the amended Terms;
you
request that the Services be terminated; and
any
other circumstances where Sirex deems it should terminate the services.
Should
your Account be terminated, the Account and transactional information required
for meeting data retention standards will be securely stored for 5 years. In
addition, if a transaction is unfinished during the Account termination
process, Sirex shall have the right to notify your counterparty of the
situation at that time. You acknowledge that a user initiated account exit
(right to erasure under GDPR or other equivalent regulations) will also be
subjected to the termination protocol stated above.
If Sirex
receives notice that any funds held in your Account are alleged to have been
stolen or otherwise are not lawfully possessed by you, Sirex may, but has no
obligation to, place an administrative hold on the affected funds and your
Account. If Sirex does place an administrative hold on some or all of your
funds or Account, Sirex may continue such hold until such time as the dispute
has been resolved and evidence of the resolution acceptable to Sirex has been
provided to Sirex in a form acceptable to Sirex. Sirex will not involve itself
in any such dispute or the resolution of the dispute. You agree that Sirex will
have no liability or responsibility for any such hold, or for your inability to
withdraw funds or execute trades during the period of any such hold.
a.
Remaining funds after Account termination
Except
as set forth in subsection (b) below, once the Account is closed/withdrawn, all
remaining balance (which includes charges and liabilities owed to Sirex) on the
account will be payable immediately to Sirex. Upon payment of all outstanding
charges to Sirex (if any), the User will have 5 business days to withdraw all
funds from the Account.
b.
Remaining funds after Account termination due to fraud, violation of law, or
violation of these terms)
Sirex
maintains full custody of the funds and User data/information which may be
turned over to governmental authorities in the event of Account
suspension/closure arising from fraud investigations, violation of law
investigations or violation of these Terms.
11.
No Financial Advice
Sirex is
not your broker, intermediary, agent, or advisor and has no fiduciary
relationship or obligation to you in connection with any trades or other
decisions or activities effected by you using the Services. No communication or
information provided to you by Sirex is intended as, or shall be considered or
construed as, investment advice, financial advice, trading advice, or any other
sort of advice. All trades are executed automatically, based on the parameters
of your order instructions and in accordance with posted trade execution
procedures, and you are solely responsible for determining whether any
investment, investment strategy or related transaction is appropriate for you
based on your personal investment objectives, financial circumstances and risk tolerance.
You should consult your legal or tax professional regarding your specific
situation. Sirex does not recommend that any Digital Currency should be bought,
earned, sold, or held by you. Before making the decision to buy, sell or hold
any Digital Currency, you should conduct your own due diligence and consult
your financial advisors before making any investment decision. Sirex will not
be held responsible for the decisions you make to buy, sell, or hold Digital
Currency based on the information provided by Sirex.
12.
Compliance with Local Laws
It is
the responsibility of the User to abide by local laws in relation to the legal
usage of Sirex in their local jurisdiction. Users must also factor, to the
extent of their local law all aspects of taxation, the withholding, collection,
reporting and remittance to their appropriate tax authorities. All Users of Sirex
and any of its services acknowledge and declare that the source of their funds
come from a legitimate manner and are not derived from illegal activities. Sirex
maintains a stance of cooperation with law enforcement authorities globally and
will not hesitate to seize, freeze, terminate the account and funds of Users
which are flagged out or investigated by legal mandate.
13.
Privacy Policy
Access to
the Services will require the submission of certain personally identifiable
information. Please review Sirex’s Privacy Policy found
at the Website for a summary of Sirex’s practices
related to the collection and use of personally identifiable information.
14.
RESOLVING DISPUTES: FORUM, ARBITRATION, CLASS ACTION WAIVER, GOVERNING LAW
PLEASE
READ THIS SECTION CAREFULLY, AS IT INVOLVES A WAIVER OF CERTAIN RIGHTS TO BRING
LEGAL PROCEEDINGS, INCLUDING AS A CLASS ACTION FOR RESIDENTS OF THE U.S.
a.
Notification of Dispute. Please contact Sirex first! Sirex wants to address
your concerns without resorting to formal legal proceedings. Before filing a
claim, you agree to try to resolve the dispute informally by contacting Sirex
first through the Website.
b. Agreement
to Arbitrate. You and Sirex agree to resolve any claims relating to this
Agreement (including any question regarding its existence, validity,
termination, or any services or products provided and any representations made
by us) through final and binding arbitration, except as set forth under
Exceptions to Agreement to Arbitrate below. You agree to first give us an
opportunity to resolve any claims by contacting us as set forth in subsection
(a) above. If we are not able to resolve your claims within 60 days of
receiving the notice, you may seek relief through arbitration or in the Small
Claims Tribunals of Singapore (“SCT”), as set forth below.
c.
Arbitration Procedure. Either you or Sirex may submit a dispute (after having
made good faith efforts to resolve such dispute in accordance with subsections
(a) and (b) above) for final, binding resolution by arbitration under the
arbitration rules of the Singapore International Arbitration Centre (“SIAC”), which are deemed to be incorporated
by reference. The arbitration tribunal shall consist of a sole arbitrator to be
appointed by the President of SIAC. The language of the arbitration hearings
shall be English and the seat, or legal place, of arbitration shall be
Singapore. Judgment on any arbitral award may be entered in any court
having jurisdiction over the party (or the assets of the party) due and owing
such award.
d.
Exceptions. Either party may instead choose to assert the claims in the SCT if
the claims fall within the jurisdiction of the SCT, and either party may seek
injunctive relief or other urgent equitable relief in a court of competent
jurisdiction. However, for the avoidance of doubt, where the claims fall
outside of the jurisdiction of the SCT, the claims will be referred to and
finally resolved by SIAC arbitration.
e.
Notice. To begin an arbitration proceeding, you must send a letter requesting
arbitration and describing your claims to Sirex Europe Services Limited,
[address of controlling corporation]. If we request arbitration against you, we
will give you notice at the email address or street address you have provided.
f.
Controlling Law. This Agreement is governed by the law of Singapore except for
its conflicts of laws principles, unless otherwise required by a mandatory law
of any other jurisdiction.
15.
Miscellaneous
a.
Independent Parties. Sirex is an independent contractor and not an agent of you
in the performance of these Terms. These Terms not to be interpreted as
evidence of an association, joint venture, partnership, or franchise between
the parties.
b.
Entire Agreement. These Terms constitute the entire agreement between the
parties regarding use of the Services and will supersede all prior agreements
between the parties whether, written or oral. No usage of trade or other
regular practice or method of dealing between the parties will be used to
modify, interpret, supplement, or alter the terms of these Terms.
c. Force
Majeure. Sirex will not be liable for any delay or failure to perform as
required by these Terms because of any cause or condition beyond Sirex’s reasonable control.
d.
Severability. If any portion of these Terms are held invalid or
unenforceable, such invalidity or enforceability will not affect the other
provisions of these Terms, which will remain in full force and effect, and the
invalid or unenforceable portion will be given effect to the greatest extent
possible.
e.
Assignment. You may not assign or transfer any right to use the Services
or any of your rights or obligations under these Terms without prior written
consent from us, including by operation of law or in connection with any change
of control. Sirex may assign or transfer any or all of its rights or
obligations under these Terms, in whole or in part, without notice or obtaining
your consent or approval.
f.
Waiver. The failure of a party to require performance of any provision
will not affect that party’s right to require
performance at any time thereafter, nor will a waiver of any breach or default
of these Terms or any provision of these Terms constitute a waiver of any
subsequent breach or default or a waiver of the provision itself.
g.
Third-Party Website Disclaimer. Any links to third-party websites from the
Services does not imply endorsement by Sirex of any products, services or
information presented therein, nor does Sirex guarantee the accuracy of the
information contained on them. In addition, since Sirex has no control over the
terms of use or privacy practices of third-party websites, you should read and
understand those policies carefully.
h. Contact Information. For more information on Sirex, you can refer to the company and license information found on the website. If you have questions regarding this agreement, please feel free to contact Sirex for clarification via our Customer Support team through the Website.