Last revised: 3 November 2022
These Non Kyc Crypto Terms of Use is entered into between you (hereinafter referred to as “you” or “your”) and Non Kyc Crypto operators (as defined below). By accessing, downloading, using or clicking on “I agree” to accept any Non Kyc Crypto Services (as defined below) provided by Non Kyc Crypto (as defined below), you agree that you have read, understood and accepted all of the terms and conditions stipulated in these Terms of Use (hereinafter referred to as “these Terms”) as well as our Privacy Policy at www.Non Kyc Crypto.com/en/privacy. In addition, when using some features of the Services, you may be subject to specific additional terms and conditions applicable to those features.
Please read the terms carefully as they govern your use of Non Kyc CryptoServices.THESE TERMS CONTAIN IMPORTANT PROVISIONS INCLUDING AN ARBITRATION PROVISION THAT REQUIRES ALL CLAIMS TO BE RESOLVED BY WAY OF LEGALLY BINDING ARBITRATION.The terms of the arbitration provision are set forth in Article 10, “Resolving Disputes: Forum, Arbitration, Class Action Waiver”, hereunder. As with any asset, the values of Digital Currencies (as defined below) may fluctuate significantly and there is a substantial risk of economic losses when purchasing, selling, holding or investing in Digital Currencies and their derivatives.BY MAKING USE OF NON KYC CRYPTO SERVICES, YOU ACKNOWLEDGE AND AGREE THAT: (1) YOU ARE AWARE OF THE RISKS ASSOCIATED WITH TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES; (2) YOU SHALL ASSUME ALL RISKS RELATED TO THE USE OF NON KYC CRYPTO SERVICES AND TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES; AND (3) NON KYC CRYPTO SHALL NOT BE LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES.
By accessing, using or attempting to use Non Kyc Crypto 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 Non Kyc Crypto or utilize Non Kyc Crypto services.
If you would like to know more about the risks associated with investing in or trading Digital Assets, you can access our General Risk Warning at www.Non Kyc Crypto.com/en/risk-warning.
These Terms constitute a legal agreement and create a binding contract between you and Non Kyc Crypto Operators.
Due to the rapid development of Digital Currencies and Non Kyc Crypto, these Terms between you and Non Kyc Crypto Operators do not enumerate or cover all rights and obligations of each party, and do not guarantee full alignment with needs arising from future development. Therefore,THE PRIVACY POLICY (（）), NON KYC CRYPTO PLATFORM RULES, AND ALL OTHER AGREEMENTS ENTERED INTO SEPARATELY BETWEEN YOU AND NON KYC CRYPTO ARE DEEMED SUPPLEMENTARY TERMS THAT ARE AN INTEGRAL PART OF THESE TERMS AND SHALL HAVE THE SAME LEGAL EFFECT. YOUR USE OF NON KYC CRYPTO SERVICES IS DEEMED YOUR ACCEPTANCE OF THE ABOVE SUPPLEMENTARY TERMS.
Non Kyc Crypto reserves the right to change or modify these Terms in its discretion at any time. Non Kyc Crypto will notify such changes by updating the terms on its website () and modifying the [Last revised] date displayed on this page.。ANY AND ALL MODIFICATIONS OR CHANGES TO THESE TERMS WILL BECOME EFFECTIVE UPON PUBLICATION ON THE WEBSITE OR RELEASE TO USERS. THEREFORE, YOUR CONTINUED USE OF NON KYC CRYPTO SERVICES IS DEEMED YOUR ACCEPTANCE OF THE MODIFIED AGREEMENT AND RULES. IF YOU DO NOT AGREE TO ANY CHANGES TO THESE TERMS, YOU MUST STOP USING NON KYC CRYPTO SERVICES IMMEDIATELY. YOU ARE RECOMMENDED TO FREQUENTLY REVIEW THESE TERMS TO ENSURE YOUR UNDERSTANDING OF THE TERMS AND CONDITIONS THAT APPLY TO YOUR ACCESS TO AND USE OF NON KYC CRYPTO SERVICES.
BY ACCESSING AND USING NON KYC CRYPTO SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE NOT BEEN INCLUDED IN ANY TRADE EMBARGOES OR ECONOMIC SANCTIONS LIST (SUCH AS THE UNITED NATIONS SECURITY COUNCIL SANCTIONS LIST), THE LIST OF SPECIALLY DESIGNATED NATIONALS MAINTAINED BY OFAC (THE OFFICE OF FOREIGN ASSETS CONTROL OF THE U.S. DEPARTMENT OF THE TREASURY), OR THE DENIED PERSONS OR ENTITY LIST OF THE U.S. DEPARTMENT OF COMMERCE. NON KYC CRYPTO RESERVES THE RIGHT TO CHOOSE MARKETS AND JURISDICTIONS TO CONDUCT BUSINESS, AND MAY RESTRICT OR REFUSE, IN ITS DISCRETION, THE PROVISION OF NON KYC CRYPTO SERVICES IN CERTAIN COUNTRIES OR REGIONS.
As an important part of the Non Kyc Crypto Ecosystem, Non Kyc Crypto mainly serves as a global online platform for Digital Assets trading, and provides Users with a trading platform, financing services, technical services and other Digital Assets-related services. As further detailed in Article 3 below, Users must register and open an account with Non Kyc Crypto, and deposit Digital Assets into their account prior to trading. Users may, subject to the restrictions set forth in these Terms, apply for the withdrawal of Digital Assets.
Although Non Kyc Crypto has been committed to maintaining the accuracy of the information provided through Non Kyc Crypto Services, Non Kyc Crypto cannot and does not guarantee its accuracy, applicability, reliability, integrity, performance or appropriateness, nor shall Non Kyc Crypto be liable for any loss or damage that may be caused directly or indirectly by your use of these contents. The information about Non Kyc Crypto Services may change without notice, and the main purpose of providing such information is to help Users make independent decisions. Non Kyc Crypto does not provide investment or consulting advice of any kind, and is not responsible for the use or interpretation of information on Non Kyc Crypto or any other communication medium. All Users of Non Kyc Crypto Services must understand the risks involved in Digital Assets trading, and are recommended to exercise prudence and trade responsibly within their own capabilities.
All Users must apply for a Non Kyc Crypto Account at (https://accounts.Non Kyc Crypto.com/en/register) before using Non Kyc Crypto Services. When you register a Non Kyc Crypto Account, you must provide the information identified in this paragraph 3 or otherwise as requested by Non Kyc Crypto, and accept these Terms, the Privacy Policy, and other Non Kyc Crypto Platform Rules. Non Kyc Crypto may refuse, in its discretion, to open a Non Kyc Crypto Account for you. You agree to provide complete and accurate information when opening a Non Kyc Crypto Account, and agree to timely update any information you provide to Non Kyc Crypto to maintain the integrity and accuracy of the information. Each User (including natural person, business or legal entity) may maintain only one main account at any given time. However, Users can open one or more subaccounts under the main account with the consent of Non Kyc Crypto. For certain Non Kyc Crypto Services, you may be required to set up a specific account independent from your Non Kyc Crypto Account, based on the provisions of these Terms or the Supplementary Terms. The registration, use, protection and management of such trading accounts are equally governed by the provisions of this Section and Section VI, unless otherwise stated in these Terms or the Supplementary Terms.
By registering to use a Non Kyc Crypto Account, you represent and warrant that: (i) as an individual, you are at least 18 or are of legal age to form a binding contract under applicable laws; (ii) as an individual, legal person, or other organization, you have full legal capacity and sufficient authorizations to enter into these Terms; (iii) you have not been previously suspended or removed from using the Non Kyc Crypto Platform or the Non Kyc Crypto Services; (iv) you do not have an existing Non Kyc Crypto Account; (v) you are not resident, located in or otherwise attempting to access the Non Kyc Crypto Platform or the Non Kyc Crypto Services from, or otherwise acting on behalf of a person or legal entity that is resident or located in, a Restricted Location. For the purposes hereof, “Restricted Location” shall include the United States, Singapore, Malaysia, Ontario (Canada), and such other locations as designated by Non Kyc Crypto Operators from time to time as a “Restricted Location” for the purposes hereof; (vi) if you act as an employee or agent of a legal entity, and enter into these Terms on their behalf, you represent and warrant that you have all the necessary rights and authorizations to bind such legal entity and to access and use the Non Kyc Crypto Platform and Non Kyc Crypto Services on behalf of such legal entity; and (vii) your use of the Non Kyc Crypto Platform and the Non Kyc Crypto Services will not violate any and all laws and regulations applicable to you or the legal entity on whose behalf you are acting, including but not limited to regulations on anti-money laundering, anti-corruption, and counter-terrorist financing.
Please note that there are legal requirements in various countries which may restrict the products and services that Non Kyc Crypto Operators can lawfully provide. Accordingly, some products and services and certain functionality within the Non Kyc Crypto Platform may not be available or may be restricted in certain jurisdictions or regions or to certain users. You shall be responsible for informing yourself about and observing any restrictions and/or requirements imposed with respect to the access to and use of the Non Kyc Crypto Platform and the Non Kyc Crypto Services in each country from which the Non Kyc Crypto Platform and the Non Kyc Crypto Services are accessed by you or on your behalf. Non Kyc Crypto Operators reserve the right to change, modify or impose additional restrictions with respect to the access to and use of the Non Kyc Crypto Platform and/the Non Kyc Crypto Services from time to time at their discretion at any time without prior notification.
Your registration of an account with Non Kyc Crypto will be deemed your agreement to provide required personal information for identity verification. Such information will be used to verify Users’ identity, identify traces of money laundering, terrorist financing, fraud and other financial crimes through Non Kyc Crypto, or for other lawful purposes stated by Non Kyc Crypto. We will collect, use and share such information in accordance with our Privacy Policy. In addition to providing such information, you agree to allow us to keep a record of that information during the period for which your account is active and within five (5) years after your account is closed, in compliance with global industry standards on data storage. You also authorize us to conduct necessary investigations directly or through a third party to verify your identity or protect you and/or us from financial crimes, such as fraud. The information we require to verify your identity may include, but is not limited to, your name, email address, contact information, phone number, username, government-issued ID, date of birth, and other information collected during account registration. When providing the required information, you confirm it is true and accurate.AFTER REGISTRATION, YOU MUST ENSURE THAT THE INFORMATION IS TRUE, COMPLETE, AND TIMELY UPDATED WHEN CHANGED. IF THERE ARE ANY GROUNDS FOR BELIEVING THAT ANY OF THE INFORMATION YOU PROVIDED IS INCORRECT, FALSE, OUTDATED OR INCOMPLETE, NON KYC CRYPTO RESERVES THE RIGHT TO SEND YOU A NOTICE TO DEMAND CORRECTION, DIRECTLY DELETE THE RELEVANT INFORMATION, AND, AS THE CASE MAY BE, TERMINATE ALL OR PART OF NON KYC CRYPTO SERVICES WE PROVIDE FOR YOU. IF WE ARE UNABLE TO REACH YOU WITH THE CONTACT INFORMATION YOU PROVIDED, YOU SHALL BE FULLY LIABLE FOR ANY LOSS OR EXPENSE CAUSED TO NON KYC CRYPTO DURING YOUR USE OF NON KYC CRYPTO SERVICES. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE THE OBLIGATION TO UPDATE ALL THE INFORMATION IF THERE IS ANY CHANGE.BY REGISTERING AN ACCOUNT, YOU HEREBY AUTHORIZE NON KYC CRYPTO TO CONDUCT INVESTIGATIONS THAT NON KYC CRYPTO CONSIDERS NECESSARY, EITHER DIRECTLY OR THROUGH A THIRD PARTY, TO VERIFY YOUR IDENTITY OR PROTECT YOU, OTHER USERS AND/OR NON KYC CRYPTO FROM FRAUD OR OTHER FINANCIAL CRIMES, AND TO TAKE NECESSARY ACTIONS BASED ON THE RESULTS OF SUCH INVESTIGATIONS. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOUR PERSONAL INFORMATION MAY BE DISCLOSED TO CREDIT BUREAUS AND AGENCIES FOR FRAUD PREVENTION OR FINANCIAL CRIME PREVENTION, WHICH MAY RESPOND TO OUR INVESTIGATIONS IN FULL.
The Non Kyc Crypto Account can only be used by the account registrant. Non Kyc Crypto reserves the right to suspend, freeze or cancel the use of Non Kyc Crypto Accounts by persons other than account registrant. If you suspect or become aware of any unauthorized use of your username and password, you should notify Non Kyc Crypto immediately. Non Kyc Crypto assumes no liability for any loss or damage arising from the use of Non Kyc Crypto Account by you or any third party with or without your authorization.
Non Kyc Crypto has been committed to maintaining the security of User entrusted funds, and has implemented industry standard protection for Non Kyc Crypto Services. However, the actions of individual Users may pose risks. You shall agree to treat your access credentials (such as username and password) as confidential information, and not to disclose such information to any third party. You also agree to be solely responsible for taking the necessary security measures to protect your Non Kyc Crypto Account and personal information.
You should be solely responsible for keeping safe of your Non Kyc Crypto Account and password, and be responsible for all the transactions under your Non Kyc Crypto Account. Non Kyc Crypto assumes no liability for any loss or consequences caused by authorized or unauthorized use of your account credentials, including but not limited to information disclosure, information release, consent or submission of various rules and agreements by clicking on the website, online agreement renewal, etc.
By creating a Non Kyc Crypto Account, you hereby agree that:
Upon completion of the registration and identity verification for your Non Kyc Crypto Account, you may use various Non Kyc Crypto Services, including but not limited to, Crypto-to-crypto Trading, Fiat Trading, contract trading, leveraged trading, Non Kyc Crypto Savings services, staking, acquiring market-related data, research and other information released by Non Kyc Crypto, participating in User activities held by Non Kyc Crypto, etc., in accordance with the provisions of these Terms (including Non Kyc Crypto Platform Rules and other individual agreements). Non Kyc Crypto has the right to:
Non Kyc Crypto has the exclusive authority to determine which Digital Assets are listed on the platform and may add or remove Digital Assets from the platform in its sole discretion, from time to time. Non Kyc Crypto may also change the order size available for each Digital Asset. In respect of such additions, removals, or amendments, Non Kyc Crypto may, but is not obliged to, notify Users in advance and Non Kyc Crypto shall have no liability to Users in connection with such additions, removals or amendments.
Provided that you constantly comply with the express terms and conditions stated in these Terms, Non Kyc Crypto grants you a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sublicensable license to access and use Non Kyc Crypto Services through your computer or Internet compatible devices for your personal/internal purposes. You are prohibited to use Non Kyc Crypto Services for resale or commercial purposes, including transactions on behalf of other persons or entities. All the above actions are expressly prohibited and constitute a material violation of these Terms. The content layout, format, function and access rights regarding Non Kyc Crypto Services should be stipulated in the discretion of Non Kyc Crypto. Non Kyc Crypto reserves all rights not expressly granted in these Terms. Therefore, you are hereby prohibited from using Non Kyc Crypto Services in any way not expressly authorized by these Terms.
These Terms only grant a limited license to access and use Non Kyc Crypto Services. Therefore, you hereby agree that when you use Non Kyc Crypto Services, Non Kyc Crypto does not transfer Non Kyc Crypto Services or the ownership or intellectual property rights of any Non Kyc Crypto intellectual property to you or anyone else. All the text, graphics, user interfaces, visual interface, photos, sounds, process flow diagrams, computer code (including html code), programs, software, products, information and documents, as well as the design, structure, selection, coordination, expression, look and feel, and layout of any content included in the services or provided through Non Kyc Crypto Services, are exclusively owned, controlled and/or licensed by Non Kyc Crypto Operators or its members, parent companies, licensors or affiliates.
Non Kyc Crypto owns any feedback, suggestions, ideas, or other information or materials (hereinafter collectively referred to as “Feedback”) about Non Kyc Crypto or Non Kyc Crypto Services that you provide through email, Non Kyc Crypto Services, or other ways. You hereby transfer all rights, ownership and interests of the Feedback and all related intellectual property rights to Non Kyc Crypto. You have no right and hereby waive any request for acknowledgment or compensation based on any Feedback, or any modifications based on any Feedback.
When you use Non Kyc Crypto Services, you agree and undertake to comply with the following provisions:
1) Trading services that make use of Non Kyc Crypto quotes or market bulletin board information.
2) Data feeding or streaming services that make use of any market data of Non Kyc Crypto.
3) Any other websites/apps/services that charge for or otherwise profit from (including through advertising or referral fees) market data obtained from Non Kyc Crypto.
By accessing Non Kyc Crypto Services, you agree that Non Kyc Crypto has the right to investigate any violation of these Terms, unilaterally determine whether you have violated these Terms, and take actions under relevant regulations without your consent or prior notice. Examples of such actions include, but are not limited to:
Upon completion of the registration and identity verification for your Non Kyc Crypto Account, you may conduct Crypto-to-crypto Trading on Non Kyc Crypto in accordance with the provisions of these Terms and Non Kyc Crypto Platform Rules.
Upon sending an instruction of using Non Kyc Crypto Services for Crypto-to-crypto Trading (an “Order”), your account will be immediately updated to reflect the open Orders, and your Orders will be included in Non Kyc Crypto’s order book to match other users’ Orders. If one of your Orders fully or partially matches another user’s Order, Non Kyc Crypto will execute an exchange (a “Transaction”). Once the Transaction is executed, your account will be updated to reflect that the Order has been fully executed and closed, or the Order has been partially executed. The Order will remain uncompleted until it is fully executed or cancelled under paragraph (b) below. To conclude a Transaction, you authorize Non Kyc Crypto to temporarily control the Digital Currencies involved in your Transaction.
For Orders initiated through Non Kyc Crypto Services, you may only cancel them before they have been matched with other Users’ Orders. Once your Order has been matched with another user’s Order, you may not change, revoke or cancel Non Kyc Crypto’s authorization to complete the Order. For any partially matched Order, you may cancel the unmatched part of the Order unless such portion has been matched. Non Kyc Crypto reserves the right to reject any cancellation request related to the Order you have submitted. If your account does not have sufficient amount of Digital Currencies to execute an Order, Non Kyc Crypto may cancel the entire Order, or execute part of the Order with the amount of Digital Currencies you have in your account (in each case, any Transaction related fees payable to Non Kyc Crypto are deducted as stated in paragraph (c) below).
You agree to pay Non Kyc Crypto the fees specified in www.Non Kyc Crypto.com/en/fee/schedule.NonKyc Crypto may, in its discretion, update the fees at any time. Any updated fees will apply to any sales or other Transactions that occur following the effective date of the updated fees. You authorize Non Kyc Crypto to deduct from your account any applicable fees that you owe under these Terms.
In addition to the Crypto-to-crypto Trading that allows users to directly place orders as mentioned in paragraph (a) above, Non Kyc Crypto may, in its discretion, provide technical and platform services for other types of Crypto-to-crypto Trading under its separately formulated Non Kyc Crypto Platform Rules, such as One Cancels the Other (OCO) and block trade.
Prior to conducting Fiat Trading, you shall separately read and agree to the User Agreements with various Non Kyc Crypto partnered OTC platforms, and comply with the Legal Statement, Privacy Policy, P2P User Transaction Policy (en/support/faq/360041066751) and other specific Non Kyc Crypto Platform Rules related to Fiat Trading as well as the business rules of such partners, and open an account on such Non Kyc Crypto OTC platforms, following the completion of the registration and identity verification for your Non Kyc Crypto Account, if applicable.
If you choose to utilise Fiat Trading, you agree that Bifinity UAB (registration number: 305595206) having its registered office at Didžioji g. 18, Vilnius, Lithuania shall work in collaboration with regulated card acquiring partners to offer such services. Bifinity UAB is governed by the laws of the Republic of Lithuania. A full list of Bifinity UAB partners can be found HERE
Bifinity UAB is registered in accordance with the applicable laws of the Republic of Lithuania as virtual currency depository wallet operator and virtual currency exchange operator. For the avoidance of doubt please note that Bifinity UAB is not a licensed financial services provider. Cryptocurrency exchange and depository services provided by Bifinity UAB are not regulated by the Bank of Lithuania.
Unless otherwise specified by Non Kyc Crypto, to conduct Futures Trading, you must conclude with Non Kyc Crypto a separate Non Kyc Crypto Futures Service Agreement and open a special Collateral Account, following the completion of registration and identity verification for your Non Kyc Crypto Account. You acknowledge and agree that:
Before entering into transactions in Options products through Non Kyc Crypto (“Options Trading”), you acknowledge and agree that:
By making use of the Margin Services, you acknowledge and agree that you have read, understood and accepted the “Margin Service Terms of Use”, which shall apply to all Margin Services (as such term is defined in the Margin Service Terms of Use).
Unless otherwise provided by Non Kyc Crypto, to borrow currencies, you must conclude with Non Kyc Crypto a separate Lending Services User Agreement and open a special Collateral Account and/or finish other relevant procedures, following the completion of registration and identity verification for your Non Kyc Crypto Account. You understand and agree that:
Non Kyc Crypto offers Non Kyc Crypto Savings, a service to provide Users with value-added services for their idle Digital Assets. To use Non Kyc Crypto Savings service, you must conclude with Non Kyc Crypto a separate Non Kyc Crypto Savings Service User Agreement ( en/support/faq/360032559032) and open a special Non Kyc Crypto Savings service account, following the completion of registration and identity verification for your Non Kyc Crypto Account. When using Non Kyc Crypto Savings service, you should note that:
Non Kyc Crypto will from time to time launch Staking Programs for specific types of Digital Currencies to reward, as per certain rules, users who hold such Digital Currencies in their Non Kyc Crypto Accounts. When participating in Staking Programs, you should note that:
Before transacting in Non Kyc Crypto Leveraged Tokens, you acknowledge and agree that you have read, understood and accepted each of the Non Kyc Crypto Leveraged Tokens Risk Disclosure Statement and the Non Kyc Crypto Leveraged Tokens Agreement, which shall apply to all subscriptions to, redemptions of and transactions in Non Kyc Crypto Leveraged Tokens (as such term is defined in the Non Kyc Crypto Leveraged Tokens Agreement).
From such time on the Conversion Inception Date as Non Kyc Crypto may determine, when you deposit or receive a Designated Stablecoin into your Non Kyc Crypto Account, the amount received will automatically be converted into an equivalent amount of FIAT at a rate of 1 to 1.
At such time on the Conversion Inception Date as Non Kyc Crypto may determine, any balance in your Non Kyc Crypto Account denominated in a Designated Stablecoin will automatically be converted into an equivalent amount of FIAT at a rate of 1 to 1.
On or after the Conversion Inception Date, if you have a balance in your Non Kyc Crypto Account denominated in FIAT, you may give Instructions to withdraw such balance from your Non Kyc Crypto Account either in FIAT or in any of the Designated Stablecoins. Where you choose to withdraw a Designated Stablecoin, you will receive an amount equal to your balance in FIAT, converted into the relevant Designated Stablecoin at a rate of 1 to 1, minus any applicable withdrawal and transaction fees.
Non Kyc Crypto reserves the right to suspend or terminate the Designated Stablecoin Conversion for any or all Designated Stablecoins at any time without prior notice. Where necessary due to market conditions affecting one or more Designated Stablecoins, Non Kyc Crypto may adjust the conversion rate used for the Designated Stablecoin Conversion.
If agreed with Non Kyc Crypto, you may be permitted to receive certain over-the-counter (OTC) services with respect to bilateral transactions in Digital Assets, which services shall be subject to the Non Kyc Crypto OTC Terms. You agree to be bound by the Non Kyc Crypto OTC Terms with respect to all OTC Services provided to you through Agreed Communication Channels (as each term is defined in the Non Kyc Crypto OTC Terms).
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NON KYC CRYPTO SERVICES, NON KYC CRYPTO MATERIALS AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF NON KYC CRYPTO ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND NON KYC CRYPTO EXPRESSLY DISCLAIMS, AND YOU WAIVE, ANY AND ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, 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, NON KYC CRYPTO DOES NOT REPRESENT OR WARRANT THAT THE SITE, NON KYC CRYPTO SERVICES OR NON KYC CRYPTO MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NON KYC CRYPTO DOES NOT GUARANTEE THAT ANY ORDER WILL BE EXECUTED, ACCEPTED, RECORDED OR REMAIN OPEN. EXCEPT FOR THE EXPRESS STATEMENTS, AGREEMENTS AND RULES SET FORTH IN THESE TERMS, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR AGREEMENT, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF NON KYC CRYPTO SERVICES. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT NON KYC CRYPTO WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (A) ANY INACCURACY, DEFECT OR OMISSION OF DIGITAL ASSETS PRICE DATA, (B) ANY ERROR OR DELAY IN THE TRANSMISSION OF SUCH DATA, (C) INTERRUPTION IN ANY SUCH DATA, (D) REGULAR OR UNSCHEDULED MAINTENANCE CARRIED OUT BY NON KYC CRYPTO AND SERVICE INTERRUPTION AND CHANGE RESULTING FROM SUCH MAINTENANCE, (E) ANY DAMAGES INCURRED BY OTHER USERS’ ACTIONS, OMISSIONS OR VIOLATION OF THESE TERMS, (F) ANY DAMAGE CAUSED BY ILLEGAL ACTIONS OF OTHER THIRD PARTIES OR ACTIONS WITHOUT AUTHORIZED BY NON KYC CRYPTO; AND (G) OTHER EXEMPTIONS MENTIONED IN DISCLAIMERS AND PLATFORM RULES ISSUED BY NON KYC CRYPTO.
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.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NON KYC CRYPTO, 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 BUSINESSES OR FINANCIAL BENEFITS) ARISING OUT OF NON KYC CRYPTO SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF NON KYC CRYPTO SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF NON KYC CRYPTO AND ITS AFFILIATES, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF NON KYC CRYPTO 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 NON KYC CRYPTO’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 NON KYC CRYPTO, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OF SERVICES OFFERED BY OR ON BEHALF OF NON KYC CRYPTO AND ITS AFFILIATES, ANY PERFORMANCE OR NON-PERFORMANCE OF NON KYC CRYPTO SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY, EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO NON KYC CRYPTO UNDER THESE TERMS IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
You agree to indemnify and hold harmless Non Kyc Crypto Operators, their 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, Non Kyc Crypto 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 Non Kyc Crypto Services. If you are obligated to indemnify Non Kyc Crypto Operators, their affiliates, contractors, licensors, and their respective directors, officers, employees or agents pursuant to these Terms, Non Kyc Crypto will have the right, in its sole discretion, to control any action or proceeding and to determine whether Non Kyc Crypto wishes to settle, and if so, on what terms.
Please be aware that all official announcements, news, promotions, competitions and airdrops will be listed on www.Non Kyc Crypto.com/en/support/announcement . USERS UNDERTAKE TO REFER TO THESE MATERIALS REGULARLY AND PROMPTLY. NON KYC CRYPTO 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.
You agree that Non Kyc Crypto shall have the right to immediately suspend your Non Kyc Crypto Account (and any accounts beneficially owned by related entities or affiliates), freeze or lock the Digital Assets or funds in all such accounts, and suspend your access to Non Kyc Crypto for any reason including if Non Kyc Crypto suspects any such accounts to be in violation of these Terms, our Privacy Policy, or any applicable laws and regulations. You agree that Non Kyc Crypto shall not be liable to you for any permanent or temporary modification of your Non Kyc Crypto Account, or suspension or termination of your access to all or any portion of Non Kyc Crypto Services. Non Kyc Crypto shall reserve the right to keep and use the transaction data or other information related to such Non Kyc Crypto Accounts. The above account controls may also be applied in the following cases:
In case of any of the following events, Non Kyc Crypto shall have the right to directly terminate these Terms by cancelling your Non Kyc Crypto Account, and shall enjoy the right but not the obligation to permanently freeze (cancel) the authorizations of your Non Kyc Crypto Account on Non Kyc Crypto and withdraw the corresponding Non Kyc Crypto Account thereof:
Should your Non Kyc Crypto Account be terminated, the account and transactional information that meet data retention standards will be securely stored for 5 years. In addition, if a transaction is unfinished during the account termination process, Non Kyc Crypto 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 Non Kyc Crypto is informed that any Digital Assets or funds held in your Non Kyc Crypto Account are stolen or otherwise are not lawfully possessed by you, Non Kyc Crypto may, but has no obligation to, place an administrative hold on the affected funds and your Non Kyc Crypto Account. If Non Kyc Crypto does lay down an administrative hold on some or all of your funds or Non Kyc Crypto Account, Non Kyc Crypto may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to Non Kyc Crypto has been provided to Non Kyc Crypto in a form acceptable to Non Kyc Crypto. Non Kyc Crypto will not involve itself in any such dispute or the resolution of the dispute. You agree that Non Kyc Crypto will have no liability or responsibility for any such hold, or for your inability to withdraw Digital Assets or funds or execute trades during the period of any such hold.
Except as set forth in paragraph 4 below, once a Non Kyc Crypto Account is closed/withdrawn, all remaining account balance (which includes charges and liabilities owed to Non Kyc Crypto) will be payable immediately to Non Kyc Crypto. Upon payment of all outstanding charges to Non Kyc Crypto (if any), Users will have 5 business days to withdraw all Digital Assets or funds from the account.
Non Kyc Crypto maintains full custody of the Digital Assets, funds and User data/information which may be turned over to governmental authorities in the event of Non Kyc Crypto Accounts’ suspension/closure arising from fraud investigations, investigations of violation of law or violation of these Terms.
Notwithstanding any provision of this Section VI, Non Kyc Crypto may provide a written notice requiring you to close all of your open positions and withdraw all of your Digital Assets from your Non Kyc Crypto Account within 30 days of the notice. In the event that you fail to do so, Non Kyc Crypto may in its absolute discretion and without prior notice to you:
(a) deem your Non Kyc Crypto account as a dormant account;
(b) close any open positions in any Non Kyc Crypto products;
(c) convert the Digital Assets to a different type of Digital Asset (e.g., from BTC to FIAT). For the avoidance of doubt, none of the Non Kyc Crypto Operators shall be liable for any loss of profit, tax obligations or any other loss, damage or expense incurred by you resulting from such conversion;
(d) transfer such dormant account (including any Digital Assets contained therein) to an affiliate of the Non Kyc Crypto Operators, any third-party custodian or an isolated wallet where it is deemed reasonably necessary by Non Kyc Crypto to do so. In the event that such transfer has taken place, you have the right to retrieve your digital assets from subject to satisfying Non Kyc Crypto’s verification requirements, including completing KYC;
(e) charge a dormant account fee to cover the cost of maintaining the assets by the Non Kyc Crypto Operators, its affiliates or any third-party and such fee shall be withdrawn directly from the dormant account on a monthly basis; and
(f) close a dormant account at any time, and Non Kyc Crypto will not be liable for any loss, damage or expense incurred by you as a result of the closure of a dormant account unless there was fraud or willful default by Non Kyc Crypto. Any assets in these dormant accounts will be transferred in accordance to paragraph 5(d) above. After a dormant account is closed, it cannot be reactivated by you (i.e. you will need to register a new Non Kyc Crypto account if you wish to continue to use Non Kyc Crypto Services).
Non Kyc Crypto 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 Non Kyc Crypto Services. No communication or information provided to you by Non Kyc Crypto
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