Last updated: 2 June 2025
(1) OUR AGREEMENT
1.1 Preliminaries
(a) This Terms of Use (hereinafter referred to as “this Agreement”, “the Terms”, “the Terms and Conditions”) shall govern the relationship between you, the User and us, WEEX (hereinafter known as “the Company”, “WEEX”, "we", "us", and "our") in relation to your usage of the Platform, your Account(s) with WEEX and other services offered by WEEX specified to be governed under the terms and conditions herein.
(b) This Agreement consists of the present Terms, Privacy Policy, AML/KYC Policy, as well as any rules, statements, instructions, etc. that WEEX has published or may publish in the future.
(c) WEEX is a platform for Users to conduct digital asset transactions and we provide related services (hereinafter referred to as "the service" or "the services") . The Company operates the Website for the convenience of this Agreement, WEEX, the Company and the Platform collectively use "we" or other first-person names in this Agreement. As long as the natural person or other subject who visits the Platform is a User of this Platform, the convenience of this Agreement is as follows, using "you" or other second person pronouns. For the convenience of this Agreement, we and you are collectively referred to as the “Parties” in this Agreement, and we or you are individually referred to as a “Party.”
(d) The following territorial and jurisdictional restrictions apply to the Agreement and your use of the Platform:
(i) You understand that WEEX may not offer all our services in certain jurisdictions where the provision of our services would be contrary to any law, and to certain individuals and entities, such as those subject to national and international sanctions, and we may also restrict or prohibit the use of all or part of our services for certain jurisdictions:
(ii) WEEX does not offer services or products to Users in the following jurisdictions including Canada, United States of America, United States Territories and Commonwealths, China (Mainland) , Hong Kong, Singapore, United Arab Emirates, North Korea, Cuba, Iran, Syria, Sudan, Russian-controlled regions of Ukraine, Somalia, Myanmar, Venezuela, or any other jurisdictions in which we may determine from time to time to terminate the services at our sole discretion (the “Excluded Jurisdictions”) . Residents of the Excluded Jurisdictions are not permitted to open Accounts with WEEX or to access WEEX’s services. You should inform us immediately if you become a resident in any of the Excluded Jurisdictions or are aware of any Users based in any of the Excluded Jurisdictions.
(iii) WEEX also does not offer services to persons or entities in the sanctions lists maintained by the U.S. Office of Foreign Assets Control, or the Denied Persons List or Entity List maintained by the U.S. Department of Commerce, the EU’s Consolidated Sanctions List and the United Nations Security Council Consolidated List, or any entity that is owned or controlled by a person or entity on such lists (hereinafter the “Prohibited Parties”) , or offer services that involve or otherwise benefit the Prohibited Parties. You understand that WEEX reserves the right to take any appropriate action in compliance with this restriction or in compliance with the law of a relevant jurisdiction, including termination of any Account immediately and liquidating any open positions.
(e) By opening an Account, using the Platform and/or any of the services provided by WEEX, you are deemed to have fully read, understood and accepted the Terms of this Agreement and/or any change made thereto from time to time and at any time. If you do not agree with all the terms or any of the terms herein, please immediately stop using any service provided by WEEX, do not proceed with and/or cease your usage of the Platform, your Account(s) with WEEX and other services provided by WEEX.
(f) The Terms shall be applicable to you and their applicability shall extend to any Authorised Person. You hereby covenant to observe and adhere with the Terms herein and secure any Authorised Person to do the same.
(g) This version of the Terms shall be effective and deemed to have overridden previous version(s) of the Terms. You agree and authorize WEEX to amend the Terms whenever we deem fit, provided that such amendment has been notified to you by way of circulation and/or publication by WEEX on its Platform or through any Agreed Communication Means.
(h) You acknowledge and agree that nothing in the Terms and any matter contemplated under the Terms including the relationship between you and WEEX, the Transactions entered by parties or any other matter shall be construed to give rise to any fiduciary duties, trustee or equitable duties on the part of WEEX.
(i) Without prejudice to the foregoing, the Terms herein are not intended to create any advisor, agency, custodian, joint venture, partnership, trusteeship or similar relationships between you, WEEX, and/or any third party.
(j) The contra proferentem principle shall not apply to the disadvantage of one party merely because that party was responsible for the preparation of the Terms.
1.2 Definitions and Interpretations
(a) “Account” or “WEEX Account” means an account approved and established for the purpose of using the Platform pursuant to Clause 2.1 of the Terms.
(b) “Agreed Communication Means” refers to such communication channels as decided by WEEX and agreed by you from time to time which may include but not limited to email, telephone, online chat, and/or WEEX’s platform. WEEX may cease the usage of any Agreed Communication Means without the need of any reason.
(c) “Authorised Person” means your representative as appointed pursuant to Clause 2.4 of the Terms.
(d) “Digital Asset” means the cryptographic tokens, digital currencies, cryptocurrencies, virtual currencies or stablecoins, or digital assets of any types not falling within the classification of a financial instrument, and refers to an asset that is expressed as a unit and is capable of transfer, storage, and trading on a peer-to-peer basis that is not a Fiat Currency and as approved by WEEX on its sole and absolute discretion from time to time. For the purpose of the Terms, a Digital Asset must be such that is not associated with any illegality and is free from any form of restrictions and/or encumbrances.
(e) “Exchange Service Provider” is any third party that provides exchange services from Fiat Currency to Digital Assets (fiat-to-crypto) , liquidity or trading services that can be accessed through the Platform, as described in clause 15 of the Terms. Exchange Service Providers are not affiliated with WEEX and independently provide Fiat Services to users.
(f) “Fees” refers to all applicable fees, charges, commissions and exchange rates associated with your use of WEEX Platform and services. Fees may include, but are not limited to, trading fees, taker fees, maker fees, withdrawal fees, deposit fees, and any applicable network or blockchain-related charges. “Fees” and “Rates” may be used interchangeably.
(g) “Fiat Currency” refers to an asset that is recognised as a legal tender in a country or territory and is customarily used and accepted as a medium of exchange in the issuing country or territory.
(h) “Fiat Services” shall have the meaning as defined in Clause 15 of the Terms.
(i) “Force Majeure” refers to any event or circumstance beyond the reasonable control of a party, including but not limited to: (i) Natural Events: Acts of God, fires, explosions, earthquakes, floods, tornadoes, hurricanes, subsidence, storms, tempests, epidemics, pandemics, public health emergencies, or other natural disasters; (ii) Societal/Governmental Disruptions: Civil commotion, riots, terrorism, acts of war, insurrections, revolutions, military action, mobilization, embargoes, sanctions, political interference, government orders, regulations, or actions by domestic or foreign authorities (including nationalization, currency restrictions, or limitations on digital assets) , sabotage, or labor disputes (excluding those initiated by the affected party’s employees) ; (iii) Technical Failures: System outages, forks (protocol splits or upgrades in blockchain networks) , power failures, electronic or equipment malfunctions, interruptions in transmission, communication channels, computer facilities, or information systems, viruses, malware, hacking, cybersecurity breaches, or failures in public/private telecommunication networks; (iv) Third-Party Failures: Delays, interruptions, or unavailability of third-party services, including suppliers, exchanges, custodians, staking platforms, liquidity pools, market makers, clearing houses, regulatory organizations, or issuers of digital assets; (v) Market Disruptions: Excessive volatility, supply/demand imbalances, or events significantly disrupting digital asset markets, including abnormal price movements or regulatory changes impacting asset liquidity; (vi) Other Uncontrollable Events: Any other act, omission, or event not reasonably foreseeable or preventable through industry-standard measures, excluding circumstances arising from a party’s fraud, gross negligence, or wilful default.
(j) “Fork” shall have the meaning as defined in Clause 14 of the Terms.
(k) “Forked Network” shall have the meaning as defined in Clause 14 of the Terms.
(l) “Group” or “Group Members” means subsidiaries and affiliates of WEEX.
(m) “Instruction” refers to your input on the Platform to either buy, sell and/or do any acts in relation to your On-Platform Asset.
(n) “Intellectual Property” shall have the meaning as defined in Clause 8 (b) of the Terms.
(o) “Limit Order” shall have the meaning as defined in Clause 7.1 (b) (i) of the Terms.
(p) “Log-In Credentials” shall have the meaning as defined in Clause 2.2 (c) of the Terms.
(q) “Maker Order” refers to an order you place that is not immediately executed or matched with a buyer's (or seller's) order on the order book.
(r) “Market Order” shall have the meaning as defined in Clause 7.1 (b) (ii) of the Terms.
(s) “Merchant” shall have the meaning as defined in Clause 2.1 (j) of the Terms.
(t) “Misconduct” shall have the meaning as defined in Clause 11 (a) of the Terms.
(u) “On-Platform Asset” shall have the meaning as defined in Clause 3 (a) of the Terms.
(v) “Order” shall have the meaning as defined in Clause 7.1 (a) of the Terms.
(w) “Platform” means the applications and/or Website(s) of WEEX.
(x) “Related Persons” refers to WEEX’s directors, shareholders, members, employees, officers, attorneys, agents, representatives, suppliers and/or contractors.
(y) “Relevant Authorities” refers to any authoritative bodies in any relevant jurisdictions including government bodies, ministries, departments, courts including its judgment and order, rules, statutes, legislations or any subsidiary legislations or any other body or document having the force of law.
(z) “Taker Order” refers to a placed order executed instantly by a response order in the order book.
(aa) “the Terms” refers to this document.
(ab) “Transaction” shall have the meaning as defined in Clause 2.3 (a) of the Terms.
(ac) “User” means any person that has registered an Account with WEEX to use the Website and access the Platform, and any Authorised Person acting on their behalf.
(ad) “Wallet” refers to any virtual wallet provided to you by WEEX for the purpose of storing your On Platform Assets.
(ae) “Website” refers to the website located at https://www.weex.com.
(2) ACCOUNTS
2.1 Opening an Account and Treatment of Data/Information
(a) To use WEEX’s Platform and/or services, you are first required to open an Account and in doing so, you are required to provide all data and/or information which WEEX deems reasonably relevant and necessary. In connection hereof, you undertake to provide accurate, complete and updated data/and information as requested. Should there be any changes or updates in your data/and information, you are under an obligation to inform the same to WEEX immediately.
(b) After filling in the relevant information in accordance with the requirements of this Platform, and going through other relevant procedures, you will successfully register yourself as a User of WEEX (hereinafter referred to as "User") ; in the process of registration or using this Platform, if you click on "I Agree" button or a similar button, it shall be deemed that you have reached an agreement with the Company by way of electronic signature; or if you use the services offered by this Platform in any of the ways allowed by WEEX, it shall be deemed that you fully understand, agree to, and accept all the Terms under this Agreement, and in this case, the absence of your handwritten signature will not affect the legal binding force that this Agreement may have on you.
(c) Eligibility for registration
You confirm and promise that: you shall be a natural person, legal person, or other organization with the ability to sign this Agreement and the ability to use the services of WEEX, as is provided by applicable laws, when you complete the registration process or when you use the services offered by this Platform in any other manner as is otherwise permitted by WEEX. Upon clicking on the button indicating that you agree to register, it shall be deemed that you or your authorized agent agrees to the content of this Agreement and your authorized agent will register with WEEX and use the services offered by WEEX on your behalf. If you are not a natural person, legal person, or organization with the abovementioned ability, you and your authorized agent shall bear all the consequences of that, and the company reserves the right to cancel or permanently freeze your account and to hold you and your authorized agent accountable.
(d) Meanwhile, by accessing and using the services, you represent and warrant that you are not on the FATF’s (Financial Action Task Force) list, and not on the OFAC (Office of Foreign Assets Control of the U.S. Treasury Department) designated “Specially Designated National” list and not on any other trade or economic sanctions lists, such as the UN Security Council Sanctions list or EU Sanctions List. We maintain the right to select the markets and jurisdictions to operate and may restrict or deny any services in certain countries at our discretion.
(e) Purpose of registration
You confirm and promise that you do not register with WEEX for the purpose of violating any of the applicable laws or regulations or undermining the order of digital asset transactions on this Platform.
(f) You agree to provide a valid email address, a mobile phone number, and other information in accordance with the requirements on the User registration page of this Platform. You can use your email address, mobile phone number, or any other manner permitted by this Platform to log in to this Platform. Where it is necessary and in accordance with the requirements of applicable laws and regulations of relevant jurisdictions, you shall provide your real name, identity document, and other information required by applicable laws, regulations, the Privacy Policy, and AML/CFT Policy, and constantly update your registration data so that they will be timely, detailed, and accurate as is required. All of the original typed data will be referenced as registration information. You shall be responsible for the authenticity, integrity, and accuracy of such information and bear any direct or indirect loss and adverse consequences arising out of it.
(g) If any of the applicable laws, regulations, rules, orders, and other regulatory documents of the sovereign country or region in which you are based requires that mobile phone accounts must be based on real names, you hereby confirm that the mobile phone number you provide for registration purposes has gone through the real-name registration procedure. If you cannot provide such a mobile phone number as is required, any direct or indirect losses and adverse consequences arising therefrom and affecting you shall be borne by you.
(h) After you provide the required registration information in a legal, complete, and valid manner and such information passes relevant verification, you shall have the right to obtain an Account and a password of this Platform. Upon obtaining such Account and password, your registration shall be deemed as successful and you can log in to this Platform as a User thereof.
(i) You agree to receive emails and/or short messages sent by this Platform related to the management and operation thereof.
(j) WEEX may allow you to access additional services, be entitled to lower fees or costs, or access other benefits as determined by WEEX, by registering as a Merchant on the Platform. If you are requesting to register as a Merchant on the Platform, you acknowledge and understand that you will be required to provide additional materials and information for verification and registration purposes, to become a Merchant in addition to your registration as a general User. The materials and information we may ask for this purpose include, but are not limited to: your telephone number, WeChat account, Telegram account, proof of revenue, previous experience of dealing on this Platform or in other OTC or P2P exchanges, screenshots and evidence of your “Merchant” status (or equivalent) on other platforms as well as key trading statistics, including trading volume, feedback score, and completion rate, your risk control strategies, and other information and materials that we consider necessary to be provided with and the applicable laws may require. Also, to register as a Merchant, WEEX may temporarily lock a certain amount of your Digital Assets in your account as a security deposit to safeguard the security of the transactions you engage in, which will be unavailable for transfers and withdrawals during your transactions and/or as long as you remain a Merchant. You acknowledge and agree that if you, as a Merchant, are found by WEEX to be liable for any damages, losses, and any other payments during any transactions but you refuse to pay, WEEX may use your security deposit (partly or in totality) to cover any third parties' damages, losses, and any other payments you should have made subject to these Terms and applicable laws. Nevertheless, the usage of your security deposit does not limit your liability in any way towards WEEX, any User or any third party. After you complete the registration as a Merchant, we will provide you with a Merchant badge, visible on your Account, to distinguish you from other Users who have not completed the registration as Merchants. You may submit to WEEX an application to cancel your Merchant status, after which WEEX will proceed with your cancellation application and unlock your security deposit if there are no records of pending disputes with any third parties or previous negative records.
(k) Notwithstanding the above, WEEX has the sole and absolute discretion to amend, remove or add the types of data and/or information required at any time and without the need for any reasons whatsoever. If additional data and/or information is requested from you, you shall promptly provide the same to WEEX.
(l) You irrevocably authorize WEEX to share data and/or information provided by you with the Group and to use any of your existing data and/or information (if any) within the Group. You further authorize WEEX to record, modify and/or verify your data/and information through WEEX or any trusted third party.
(m) You acknowledge that WEEX may at its sole and absolute discretion apply various eligibility requirements among its applicants. As an extension of this discretion, WEEX may refuse to open an Account and/or decline to provide services without having to provide any reasons whatsoever.
(n) In using our services and/or your Account, you authorise WEEX to implement and/or carry out identification checks/and or verification on you.
(o) After you become a User of WEEX, you will receive a User account and corresponding password, which shall be properly kept by you as a User of WEEX. Users shall be liable for all activities and events carried out through their accounts.
(p) You cannot engage in trading on the digital asset trading platform provided by WEEX and gain access to the services that are exclusively available to Users in accordance with the rules and regulations of this Platform, unless and until you become a User of WEEX. If you are not a User of WEEX, you can only access and browse the Website or , but you will not have access to the services of WEEX as defined in this Agreement. Upon registering yourself as a User of WEEX and using any of the services and functions offered by WEEX, it shall be deemed that you have read, understood this Agreement, and:
(i) You accepted to be bound by all Terms and Conditions of this Agreement;
(ii) You confirm that you have attained the age of 18, or another statutory age for entering into contracts as is required by a different applicable law, and your registration with WEEX, purchase or sale via this Platform, release information on this Platform and other behaviors indicating your acceptance of the services offered by WEEX shall comply with the relevant laws and regulations of the sovereign state or region that has jurisdiction over you, and you confirm that you have sufficient capacity to accept these Terms and Conditions, enter into transactions and to use this Platform for digital asset transactions.
(iii) You undertake that all your digital assets involved in transactions hereunder are legally acquired and owned by you.
(iv) You agree to undertake any and all liabilities for your own transaction and non-transaction activities, as well as any and all profits and losses therefrom.
(v) You confirm that the information provided at the time of registration is true and accurate.
(vi) You agree to comply with any and all relevant laws, including the reporting of any transaction profits for tax purposes.
(vii) This Agreement is only binding on the rights and obligations between you and us, and does not involve legal relations and legal disputes arising from and relating to the transaction of digital assets between the Users of WEEX, and between other websites and you.
2.2 Maintenance of Account
(a) Unless agreed by us, you must not have more than one Account.
(b) You acknowledge and agree that the Account(s) are for the sole and exclusive purpose of using the Platform and/or services and recording such Transactions. Nothing in the Terms shall be construed to associate or constitute the Account(s) as banking business.
(c) You may be provided with a Username and password and/or other method(s) (hereinafter known as “Log-In Credentials”) as a means to obtain access to your Account. In this regard, you agree and authorise WEEX to implement any security measures (and additional security measures) whenever we deem necessary.
(d) Notwithstanding the foregoing clause, you are solely responsible for the security and/or integrity of your account including but not limited to keeping your Log-In Credentials confidential and secure. In the event of identity theft, security breaches of any circumstances where your Account may have been compromised and/or misused, transactions in Digital Assets may be irreversible, and losses due to fraudulent or unauthorised transactions may be irrecoverable. In such circumstances, WEEX shall not be responsible for any losses and/or damages arising therefrom.
2.3 Operations of Account
(a) Subject and without prejudice to the terms and conditions stated herein, you may utilize your Account to make transfer(s) of Digital Asset and/or Fiat Currency (hereinafter known as “Transaction”) in relation with the Platform by issuing Instructions through an Agreed Communication Means. WEEX may (but not obligated) to record the Transactions made by you in your account.
(b) You acknowledge and confirm that you will only make Transaction involving Digital Asset in which you are the beneficial, lawful and legal owner with the absolute rights to assign, dispose, transfer or otherwise part with the said Digital Asset.
(c) In the event that your Instruction involves a transfer via blockchain to an external digital address compatible with the relevant Digital Asset, it is your sole duty to use the correct blockchain and to provide the accurate and correct digital address. If an incorrect blockchain, digital assets or address have been provided, resulting in losses and damages including but not limited to permanent loss of the Digital Asset, WEEX shall not be responsible for such losses and/or damages.
(d) Your Instructions are not deemed executed and your Transactions are not deemed as completed until and unless a confirmation by WEEX has been given which stipulates such execution and/or completion.
(e) Notwithstanding the foregoing clauses, you acknowledge and agree that WEEX has the sole and absolute right to decline, terminate or otherwise reverse your Instruction and/or Transaction at any time without the need for any justification and/or reason whatsoever. WEEX also has the sole and absolute discretion to bar, prohibit, or otherwise restrict any Users from using any features within the Platform and or services.
(f) Fees are chargeable in your receipt of services by WEEX. You hereby agree to pay and settle all applicable charges, expenses and Fees arising from and incidental with your usage of WEEX’s services for Transaction performed. Incidental with the foregoing, you hereby authorise WEEX to deduct such charges, expenses and Fees from your Account and/or your Wallet.
(g) All Fees associated with the use of WEEX Platform and services are listed on the Website. WEEX reserves the right to amend, modify, or update the Fees at any time in its sole discretion, with or without prior notice, by posting the revised Fees on the Website. Continued use of the Platform after any such amendment constitutes your acceptance of the updated Fees.
(h) It is prohibited to use this Platform to engage in any illegal transaction activities, such as money laundering, smuggling, and commercial bribery. In the event that any of such activities is uncovered, this Platform will adopt all available measures, including but not limited to freezing the offender's account, notifying relevant authorities, etc., and we will not assume any of the responsibilities arising therefrom and reserve the right to hold relevant persons accountable.
2.4 Authority and Authorised Persons
(a) To appoint any person as your representative (“Authorised Person”) , you hereby confirm that you are a legal person. You understand and agree that your Authorised Person will hold and exercise the account operating authority on your behalf.
(b) WEEX has the absolute discretion to specify, request and process all the details and information deemed necessary in connection with the Authorised Person.
(c) WEEX is entitled to assume that your appointment of Authorised Persons is effective, subsisting upon receipt of your written instructions AND has confirmed that your instructions have been effected. In your written instructions, you may add, change and/or remove any Authorised Persons. On the receipt of such written instructions, WEEX shall undergo a verification and change process where upon completion of thereof, confirmation will be given to you confirming that your instructions have been effected.
(d) You acknowledge and agree that WEEX is entitled to rely on the acts, instructions and/or the representations of the Authorised Person as if they are your direct acts, instructions and/or the representations. As such, in the event of breach, loss and/or damage caused by the Authorised Person(s) , you shall assume the role of principal and indemnify WEEX to the extent of the breach, loss and/or damage.
(e) In the event that an Account has more than one (1) account holder, the following rules shall apply:-
(i) Every account holder must authorise the adding of any Authorised Person(s) ; and
(ii) Any account holder may remove any Authorised Person(s) .
(3) CUSTODY OF DIGITAL ASSETS
(a) By agreeing to the Terms and your usage of WEEX’s Platform and/or services, you hereby agree to grant WEEX the rights over the Digital Assets on the Platform (hereinafter known as “On-Platform Asset”) .
(b) You are aware that you may not be able to exercise some and/or all of the rights of ownership you may otherwise enjoy if you had not used the Platform and/or services. You further acknowledge and accept that any Digital Asset held under the Platform and/or other services do not entail the same protections as traditional deposits and/or financial products.
(c) In connection with Clause 3(a) above, you agree that WEEX may, without further notice to you, hold the said On-Platform Asset in wallet and/or other facilities under the Group and to retain any benefits arising therefrom. In furtherance to this, you shall have no claim over such benefits and/or entitlement.
PROVIDED ALWAYS THAT WEEX shall not be liable for any losses or damages including but not limited to total depreciation and/or loss of such On-Platform Asset which may result from the holding of such On-Platform Asset by WEEX.
(d) Nothing in the Terms shall be construed to imply any back-to-back lending, collective investment arrangements or provision of financial advice between parties hereto and/or any third parties.
(4) PAYMENTS, DELIVERIES AND OTHER OBLIGATIONS
(a) It is hereby agreed that in the absence of fraud or bad faith, WEEX has the sole and absolute discretion to accept, decline or otherwise refuse to execute or make any Transaction of Digital Asset from or to your Account.
(b) In the event that there is insufficient or shortfall of available Digital Asset, we may (but are not obligated to) in our sole and absolute discretion to either decline Transaction or force-sell any of your Digital Asset held by WEEX elsewhere.
(c) You are aware that you may be subject to legal requirements which may include reporting and taxation requirements in certain jurisdictions. You agree that you have the sole responsibility to keep yourself informed and adhere to such applicable laws and regulations in your Transaction. WEEX shall not be responsible for your failure to do so and does not provide any support and assistance for your compliance, save to the extent required under the law.
(d) WEEX may also report information regarding your transactions, transfers, distributions or payments to tax or other public authorities. In addition to the foregoing, as and when required by applicable law, WEEX may withhold taxes related to your transactions, transfers, distributions or payments. Applicable legislation could also prompt WEEX to request you for additional tax information, status, certificates or documentation. You acknowledge that any failure to adequately respond to these requests within the timeframe defined, may result in your taxes being withheld by WEEX, to be remitted to tax authorities as defined by relevant law.
(e) You acknowledge that all payments or sums due in relation to these Terms are not inclusive of any tax. In the event any taxes are payable, you are to be solely responsible for the same and indemnify WEEX in connection thereof.
(f) In the event that a judgment, an order or any proof of debt for recovery under the Terms is pronounced in the form of a Digital Asset as opposed to the amount due, you agree to indemnify WEEX on demand any difference or shortfall arising from the conversion of Digital Asset and the costs of the conversion.
(g) You agree that in the absence of any evidence to the contrary, records kept by WEEX in relation to the Platform shall be deemed final and conclusive. Notwithstanding the foregoing, WEEX is at liberty to take corrective measures and/or rectification actions on any false entry, error or misstatements. If applicable, WEEX has the absolute right to demand immediate repayment from you if WEEX so determines that you have been unjustly enriched from such false entry, error or misstatement.
(h) Save as required under the law or by any Relevant Authorities, WEEX shall not be obliged to make any payments and/or deliveries to any third party.
(i) WEEX may (but not obligated to) return any Digital Assets stored in your Account to a designated external address that is under your control, as last notified to WEEX in writing. For the avoidance of doubt, WEEX reserves the right to charge administrative charge, cost and/or fee for the return of the Digital Asset.
(5) NETTING AND SETTING-OFF
(a) In the event that you are a party to two or more Transactions, WEEX is entitled to calculate a net amount over the aggregate amounts payable on the same date on the particular Digital Asset.
(b) Further, WEEX has the sole and absolute right to set off any amount WEEX may owe you against any amount you owe WEEX and when applicable, recover any amount you owe WEEX regardless of whether such amount is due or payable.
(c) For the avoidance of doubt, the foregoing rights is in addition to other rights including but not limited to rights to set-off, combine Wallets and/or Accounts, lien, retain and withholding and any other rights WEEX is entitled to under the Terms and/or by operation of law.
(6) PLATFORM TRADING
(a) Without limitation to all the services which are or may be provided on the Platform and subject to the Terms herein, you may acquire and/or dispose of Digital Assets using your Account.
(b) You acknowledge and agree that WEEX does not guarantee the availability of the Platform at all times. WEEX reserves the sole and absolute discretion to periodically shut down or make unavailable the Platform or certain features, as the case may be. It may be due to scheduled system and software maintenance, unscheduled emergency maintenance or any other event or reason which WEEX determines in its absolute discretion that necessitates such suspension and/or shut down.
(c) You acknowledge that WEEX safeguards Users’ Digital Assets primarily through cold storage, verified by Proof of Reserves (PoR) , and supported by a dedicated protection fund; while we implement robust security measures, you acknowledge and agree that asset custody carries inherent risks, and WEEX’s protection fund provides supplemental coverage at our sole discretion without constituting insurance.
(d) In any event, WEEX reserves the right (and without liability to any party) to amend, vary, update, remove, suspend, restrict access or otherwise to discontinue the Platform or part thereof.
(7) ORDERS
7.1 Making Orders
(a) Subject to the Terms, you can submit an order to the Platform via the functions on the Platform or by using an Agreed Communication Means (hereinafter referred to as “Order”) .
(b) An Order must be either one of the following:-
(i) An order for the purpose of acquiring or disposing a specified amount and/or quantity at the price specified therein including a Maker Order or a Taker Order (hereinafter referred to as “Limit Order”) ;
(ii) An order for the purpose of acquiring or disposing a specified amount and/or quantity at the best available price at the given moment for the relevant Trading Pair on the Platform and must only be a Maker Order (hereinafter referred to as “Market Order”) ; or
(iii) Or any other Order specified and allowed by WEEX from time to time.
(c) You agree that to make an Order, you must have sufficient balance of the Digital Assets in your Account. Sufficient balance means that the amount can cover both the value of the Order and any applicable charges, costs, Fees and/or taxes chargeable.
(d) When an Order is made, you agree and acknowledge that the quantity of the Digital Assets shall be set aside and/or allocated for the said Order.
(e) Notwithstanding the foregoing, WEEX has the sole and absolute discretion to impose and/or implement any limits (including but not limited to minimum and/or maximum Order value) , requirements and/or rules as we deem appropriate and necessary. WEEX reserves the right to cancel, to decline or to reject any Orders which do not comply with any limits, requirements and/or rules imposed. In connection herein, you undertake to comply with such limits and to indemnify WEEX for any loss or damages which may arise from your failure to comply.
(f) You may cancel an Order submitted at any time before the execution of the said Order.
7.2 Execution of Orders
(a) Orders are executed by a mechanism matching a Maker Order and a Taker Order. Orders may be matched with and executed by one or more Orders at the same price. Earlier Orders take priority over later Orders. This process may be repeated until the Order is completely executed or otherwise cancelled.
(b) In the event that there are two (2) Orders of the same quantity i.e. a matching Maker Order and Taker Order, self-execution would take place.
(c) Once an Order is made and submitted to the Platform, it will be displayed on the Platform and it shall remain available until it is executed and/or cancelled.
(d) You acknowledge and agree that WEEX does not guarantee that your Orders will be executed and/or completed. Further, WEEX holds the sole and absolute discretion to decline, to reject, to reverse and/or to cancel any Orders anytime. You also acknowledge that an Order may be delayed for any reasons whatsoever and this is a risk that you will assume. You agree that WEEX shall not be liable for any loss and/or damages which may arise in the event of delay and/or in WEEX’s exercise of rights to decline, to reject, to reverse and/or to cancel Orders.
(e) All the transaction calculations are verified by us, and all the calculation methods have been posted on the Platform, but we cannot ensure that your use of this Platform will not be interrupted or free from errors.
7.3 Transaction information
(a) You undertake that in the process in which you log into this Platform and engage in transactions with other Users through this Platform, you will properly comply with the following transaction rules:
(i) When you browse the transaction information on this Platform, you should carefully read all the content in the transaction information, including but not limited to the price, handling fee, buying or selling direction, and you shall accept all the contents contained in the transaction information before you may click on the button to proceed with the transaction.
(ii) After browsing and verifying the transaction information, you may submit your transaction information. After you submit the transaction information, it shall be deemed that you authorize WEEX to broker you for the corresponding transactions, and WEEX will automatically complete the matchmaking operation when there is a transaction proposal that meets your price quotation, without prior notice to you.
(b) You can check the corresponding transaction records in the transaction statements by the Management Center, and confirm your own detailed transaction records.
(8) INTELLECTUAL PROPERTY RIGHTS
(a) You hereby acknowledge and agree that the creation of your Account only grants you a personal, limited, non-exclusive, non-transferable access to use the Platform and/or services by WEEX.
(b) The Platform, including but not limited to its features, content, information, software, design, displays, graphics, multimedia materials, and all intellectual achievements such as website design, logos, databases, text, graphics, photos, videos, music, sounds, software (including compilations, source code, small applications, and scripts) , as well as any combinations thereof (collectively referred to as “Intellectual Property”) , is owned by WEEX or its respective licensors. This Intellectual Property is protected under applicable local and international intellectual property laws and regulations. All rights, including ownership and associated intellectual property rights, are reserved by WEEX or the relevant rights holders.
(c) You are not allowed to copy, modify, circulate (publicly or otherwise) , reproduce, republish, download, encode and/or distribute the Intellectual Property be it in whole or in part without WEEX’s prior written consent.
(d) You understand and acknowledge that in accordance with the relevant laws, you shall not export, re-export, import, or transfer any material (including software) on this Platform; therefore, you hereby undertake that you will not voluntarily commit or assist or participate in any of the above export or related transfer, or other violations of applicable laws and regulations; if you uncover any of the aforementioned events, you will report it to us and will assist us in handling them.
(e) You shall not, extract any data, attempt to modify or interfere with the Platform and/or its features by using any methods, including but not limited to data mining, robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface.
(f) The Intellectual Property rights also extend to any trading tools, marketing and trading information and/or materials accessible by you on the Platform. You will keep these materials confidential save to the extent that they are already available in the public domain.
(g) You shall not profit from and/or commercialise the Intellectual Property and/or any proprietary information from your use of the Platform without WEEX’s prior written consent.
(h) You may not copy, modify, reproduce, transmit, or use any of the Intellectual Property for commercial purposes.
(i) All rights contained in the name of this Platform (including but not limited to business goodwill and trademarks, logos) shall be owned by the Company.
(j) Upon accepting this Agreement, it shall be deemed that you, on the basis of your own free will, have transferred and assigned exclusively and free of charge to this Platform all copyright of any form of information that you publish on this Platform, including but not limited to copyrights, distribution rights, lease rights, exhibition rights, performance rights, projection rights, broadcasting rights, information network dissemination rights, shooting rights, adaptation rights, translation rights, compilation rights and other transferable rights that copyright owners are entitled to, and this Platform shall have the right to sue for any infringement on such copyright and obtain full compensation for such infringement. This Agreement shall apply to any content that is published by you on this Platform and is protected by copyright law, regardless of whether the content is generated before or after the signing of this Agreement.
(k) You acknowledge and agree that WEEX may use, modify, distribute, publicly display, and commercially exploit any content you submit, post, or publish on the Platform, and you hereby waive any right to claim compensation, attribution, or other remedies in relation to such use.
(l) You shall not illegally use or dispose of the intellectual property rights of this Platform or any other person during your use of the services offered by WEEX. For any information that you publish on this Platform, you must not publish or authorize other websites (or any third party) to use such information in any manner whatsoever.
(m) Your logging in to this Platform or use of any of the services offered by WEEX shall not be deemed as our transfer of any intellectual property to you.
(9) RIGHTS OF WEEX
(a) Without prejudice to other WEEX’s rights in the Terms, you agree that WEEX may exercise the following rights at its sole and absolute discretion and without prior notice to you:-
(i) We reserve the right to amend this Agreement from time to time, and disclose such amendment by way of announcement on the Platform without sending a separate notice to you on your rights. The date when the amendment is made will be indicated on the first page of the amended agreement. The amended agreement will take effect immediately upon announcement on the Platform. You shall browse this Platform from time to time and follow information on the time and content of amendments, if any, made to this Agreement. If you do not agree with the amendments, you shall stop using the services offered by this Platform immediately. If you continue to use the services offered by this Platform, it shall be deemed that you accept and agree to be bound by the amended agreement.
(ii) To impose and/or implement any limits, requirements and/or restrictions in connection with the access and/or use of the Platform.
(iii) To change, to vary, to suspend, to restrict or otherwise to remove features of and/or access to the Platform;
(iv) To decline, to reject, to reverse and/or to cancel any Order and/or Transaction anytime for any reason including but not limited to WEEX believing that there have been breach or non-compliance to the Terms, contravention of any applicable law or directive of any Relevant Authorities and/or the Order is tainted with any error or inaccuracy as determined by WEEX in each case.
(b) For the avoidance of doubt, WEEX is entitled to exercise its sole and absolute rights to protect the integrity of the Platform and as such, may take any actions we deem fit to do so.
(c) If you do not have the registration qualifications agreed on in this Agreement, WEEX shall have the right to refuse to allow you to register. If you have already registered, WEEX shall have the right to revoke your User account, and WEEX reserves the right to hold you or your authorized agent accountable. Furthermore, WEEX reserves the right to decide whether to accept your application for registration under any other circumstances.
(d) When WEEX finds out that the User of an Account is not the initial registrant of that Account, WEEX shall have the right to suspend or terminate the User's access to that Account.
(e) Where by means of technical testing or manual sampling, among others, WEEX reasonably suspects that the information you provide is wrong, untrue, invalid, or incomplete, we shall have the right to notify you to correct or update the information, or suspend or terminate our supply of the services to you.
(f) WEEX shall have the right to correct any information displayed on this Platform when it uncovers any obvious error in such information.
(g) WEEX reserves the right to modify, suspend, or terminate the services offered by this Platform, at any time, and the right to modify or suspend the Service without prior notice to you. If WEEX terminates one or more of the services offered by this Platform, such termination by WEEX will take effect on the date of announcement of such termination on the Platform.
(h) If you fail to log in to this Platform using your Log-In Credentials and password for an uninterrupted period of one (1) year, WEEX shall have the right to revoke your Account. After your account is revoked, WEEX shall have the right to offer the User name represented by such account to other applicants for a User account.
(i) WEEX shall have the right to delete all kinds of content and information which does not conform to laws and regulations or the rules of this Platform at any time, and exercise of this right by this Platform is not subject to a prior notice to you.
(j) WEEX shall have the right to, in accordance with the applicable laws, administrative regulations, rules, orders and other regulatory documents of the sovereign country or region where you are based, request to you for more information or data, and to take reasonable measures to meet the requirements of the local standards, and you have the obligation to provide proper assistance to such measures; WEEX shall have the right to suspend or permanently terminate your access to this Platform as well as part or all of the services offered by this Platform.
(10) ROLE OF WEEX
WEEX only provides online transaction platform services for you to engage in digital asset trading activities through this Platform (including but not limited to the digital asset transactions etc.) .
(a) Content of services
(i) You have the right to browse the real-time quotes and transaction information of digital asset products on this Platform, to submit digital asset transaction instructions, and to complete the digital asset transaction through this Platform.
(ii) You have the right to view information under the User accounts on this Platform and to apply the functions provided by this Platform.
(iii) You have the right to participate in the Platform activities organized by WEEX in accordance with the present Agreement and the rules of activities posted on this Platform.
(iv) You have the right to use other services that WEEX promises to offer to you.
(b) For the avoidance of doubt, WEEX does not make any representations and warranties in respect of your use of the Platform and the Digital Asset involved in such use.
(c) Under no circumstances shall WEEX be considered as your broker, intermediary, agent, or advisor. WEEX owes no fiduciary relationship or obligation with you in connection with any trades or other decisions or activities undertaken by you when using our services.
(d) WEEX does not monitor whether your use of the Platform and/or whether your transactions are suitable with your risk appetite and investment objectives. It is entirely your responsibility to assess:
(i) whether your financial resources are adequate for your transactions with us; and
(ii) whether the risks of the Platform align with your risk appetite.
(e) Save and except required by law, WEEX is not obligated to inform you of any market (or risk) movements in relation to your Digital Asset.
(f) WEEX is at liberty to transact and/or enter into arrangements with any other parties we deem fit. This may include but not limited to third party service providers. WEEX shall not be liable for any acts, defaults and/or omissions by such third parties.
(g) Further, WEEX is not liable nor obligated to account to you or any other party any of the benefits derived or information obtained in the course of WEEX’s dealings with you or any other parties.
(h) You acknowledge that conflict of interest may arise between your interests, counterparties’, other Users’ and/or WEEX’s due to the nature of trading activities on the Platform. Despite the foregoing, you agree to proceed with using the Platform and assume any risks of loss which may arise from the nature of trading activities.
(11) PREVENTION OF MARKET MISCONDUCT
(a) You undertake not to engage in any insider trading, false trading, price rigging, prohibited transaction disclosure, fake or misleading acts, market manipulation or any other dishonest, improper acts or otherwise any acts that is done in the view of obtaining unjust enrichment by any party (collectively referred to as “Misconducts”) in your use of the Platform.
(b) Without limiting the generality of the foregoing clause, you shall not conceal, facilitate or otherwise complicit with others to engage in any of the Misconducts.
(c) You agree and acknowledge that you are obligated to immediately inform WEEX if you have knowledge or reason to believe that you and/or any persons have engaged and/or planning to commit any of the Misconducts in the Platform.
(d) It is prohibited to use this Platform for the purpose of malicious manipulation of the market, price manipulation, improper transactions, wash trading, spoofing, pump and dump schemes or any other illicit trading activities. Where any of such illicit trading activities is uncovered, this Platform will adopt preventive and protective measures such as warning, and restricting trading, forfeiture of illicit profits and closing accounts. We are against any and all such malicious manipulation of prices, maliciously influencing the trading system and any other illicit behaviors; we do not assume any of the responsibilities arising therefrom and reserve the right to hold relevant persons accountable. You understand and agree that WEEX shall not be liable for any losses (including, without limitation, direct or indirect losses, actual losses, or loss of potential profits) that you may incur as a result of the implementation of these measures.
(e) You acknowledge and agree that WEEX reserves the right to disclose your contact information to any regulatory authority and/or law enforcement agency in the event that WEEX has reasonable grounds to suspect that your WEEX Account is being utilized for any illegal, fraudulent, or unauthorized activities.
(12) WARRANTIES AND REPRESENTATIONS
(a) Supplemental to and without prejudice to the warranties and representations which may have been made by the parties, you hereby give the following warranties and representations to WEEX that:-
(i) You have the legal capacity to enter into this Agreement. You are not restricted, barred or otherwise prohibited in the usage of the Platform and/or making of any transactions thereon under any applicable law and regulation and/or by any of the Relevant Authorities. In the event of misrepresentation and/or breach of warranty by you, you undertake to fully indemnify and save harmless WEEX from all demands and claims arising from and incidental thereof.
(ii) You have read and are fully capable to understand the Terms hereof and agree to be legally bound by the same;
(iii) You are not holding any other Account(s) in connection with the Platform;
(iv) You are the sole beneficial owner (save and except that you are acting in the capacity of Trustee in which you will then be the Legal Owner) of your Account and the On-Platform Asset. You further warrant that the On-Platform Asset is not restricted or otherwise encumbered and that you have the absolute liberty and authority to transact, part or otherwise dispose of the same.
(v) You are not acting on any party’s behalf and/or instructions and that you are not impersonating, operating under an alias and/or concealing your identity. In other words, you must only act as a principal in your use of the Platform.
(vi) You are not using any jailbroken devices in connection with your use of the Platform.
(vii) You are fully aware and have evaluated all the risks sufficiently which may arise in the usage of the Platform and/or other services. By proceeding to use and/or to transact on the Platform, you agree to bear the risks solely;
(viii) You are acting in your sole capacity and will be making only independent decision when using the Platform without reliance whatsoever to WEEX’s statements, communications and/or explanations which may have been provided in regards of the Platform; and
(ix) You are not subject to any action, suit, proceeding before any court, tribunal and/or any Relevant Authorities which may adversely affect the enforceability, legality and/or validity against you in regards to the Terms, the use of Platform, and/or Transaction you entered.
(b) For the avoidance of doubt, the above warranties and representations shall apply every time when you use the Platform and/or you make a Transaction thereon. The operation of the warranties and representations shall also extend to your Authorised Person(s) and their use of the Platform so far as applicable.
(c) You agree that you are required to immediately inform WEEX if any breach or non-compliance of the warranties and representations and/or any of the Terms has occurred or otherwise likely to occur.
(d) You undertake to comply with the following service rules of this Platform:
(i) You shall comply with the provisions of applicable laws, regulations, rules, and policy requirements, and ensure the legality of the source of all digital assets in your account, and shall refrain from engaging in any illegal activities or other activities that damages the rights and interests of this Platform or any third party, such as sending or receiving information that is illegal, illicit, or infringes on the rights and interests of any other person, sending or receiving pyramid scheme information, or information or remarks causing other harm, unauthorized use or falsification of the email header information of this Platform, inter alia.
(ii) You shall comply with applicable laws and regulations and properly use and keep your account in this Platform and login password, the password of your financial transactions, and the mobile phone number bound with your account that you provide upon registration of your account, as well as the security of the verification codes received via your mobile phone. You shall be solely responsible for any and all your operations carried out using your account with this Platform and login password, the financial transaction password, verification codes sent to your mobile phone, as well as all consequences of such operations. When you find that your account with this Platform, your login password, the financial transaction password, or mobile phone verification codes is used by any unauthorized third party, or uncover any other problem relating to the security of your account, you shall inform this Platform in a prompt and effective manner, and request WEEX to temporarily suspend the services to your account with this Platform. WEEX shall have the right to take action on your request within a reasonable time; nonetheless, this Platform does not bear any liability for the consequences that have arisen before such action is taken, including but not limited to any loss that you may sustain. You must not assign your account with this Platform to any other person by way of donation, lending, leasing, transfer or otherwise without the consent of this Platform.
(iii) You agree to take responsibility for all activities (including but not limited to information disclosure, information release, online click-approving or submission of various agreements on rules, online renewal of agreements or purchase service) using your account and password with this Platform.
(iv) In your digital asset transactions on this Platform, you may not maliciously interfere with the normal proceeding of the digital asset transaction or disrupt the transaction order; you may not use any technical means or other means to interfere with the normal operation of this Platform or interfere with the other Users’ use of the services; you must not maliciously defame the business goodwill of this Platform on the grounds of falsified fact.
(v) If any dispute arises between you and any other User in connection with online transactions, you must contact our customer services and provide relevant information for the purpose of dispute resolution.
(vi) All taxes payable, as well as all Fees relating to hardware, software and services that are incurred by you in the course of using the services provided by this Platform shall be solely borne by you.
(vii) You shall abide by this Agreement and other terms and operating rules that this Platform may release from time to time, and you have the right to terminate your use of the services provided by this Platform at any time.
(viii) If a User discovers that a third person has fraudulently used, or embezzles the User's account and password, or such third person's use of the User's account involves any absence of requisite and due authorization, the User shall promptly notify WEEX in an effective manner and request WEEX to suspend relevant services; otherwise all the responsibilities arising from such use shall be borne solely by the User. Furthermore, the User understands that WEEX needs a reasonable period of time to take action on the User's request. WEEX shall not be held liable for any loss that may arise in connection with such third person's use of the services before WEEX takes action.
(e) Where WEEX deems on its unilateral and independent judgement that any event which undermines the security of trading has or may arise, WEEX shall have the right to suspend, interrupt, or terminate all or part of the services provided to a User under this Agreement, remove or delete registration information of such a User, seize illicit profits that the User may gain, without notifying such User and without assuming any responsibility to such User or any third party. The aforementioned events include:
(i) WEEX believes that the information provided by the User is not authentic, valid, or complete, e.g., where the User registers with WEEX on the basis of identity information of any other person that the User uses without due authorization, or the information provided by the User for verification is inconsistent with relevant facts.
(ii) WEEX uncovers any abnormal transaction by the User or any transaction by the User is suspicious or may be illegal.
(iii) WEEX believes that the User's account is suspected of being involved in money laundering, cash-out, pyramid selling, fraudulent use, or other situations that WEEX believes are risky or unlawful.
(iv) WEEX discovers that the User uses any illegal or improper technical means to engage in any activity that endangers the security of trading or affects fair trading, including tampering with transaction data, stealing customer information, stealing transaction data, attacking other registered accounts through WEEX , inter alia.
(v) WEEX believes that the User has violated any of the rules under this Agreement or the spirit thereof.
(vi) WEEX believes that the User may have participated in, or currently participates in, pump and dump schemes, wash trading, self-trading, front running, quote stuffing, spoofing, layering, or other types of market manipulation behavior.
(vii) Any other circumstances under which the User breaches this Agreement.
(viii) Other circumstances under which WEEX, based on its sole judgment, needs to suspend, interrupt, or terminate all or part of the User services (including fee-based services) provided to Users under this Agreement and remove or delete the registration information on the ground of transaction security and other reasons.
(f) We cannot guarantee that all the information, programs, texts, etc. contained in this Platform are completely safe, free from the interference and destruction by any malicious programs such as viruses, Trojans, etc., therefore, your logging in to this Platform or use of any services offered by this Platform, download of any program, information and data from this Platform and your use thereof are your personal decisions and therefore you shall bear the any and all risks and losses that may possibly arise.
(g) We do not make any warranties and commitments in connection with any of the information, products and business of any third party websites linked to this Platform, as well as any other forms of content that do not belong to us; your use any of the services, information, and products provided by a third party website is your personal decision and therefore you shall assume any and all the responsibilities arising therefrom.
(h) We do not make any explicit or implicit warranties regarding your use of the services offered by this Platform, including but not limited to the applicability, freedom from error or omission, consistency, accuracy, reliability, and applicability to a specific purpose, of the services provided by this Platform. Furthermore, we do not make any commitment or guarantee in connection with the validity, accuracy, correctness, reliability, quality, stability, integrity and timeliness of the technology and information covered by the services offered by this Platform. Whether to log in this Platform or use the services provided by this Platform is your personal decision and therefore you shall bear all the risks and possible losses arising from such this decision. We do not make any explicit or implicit warranties in connection with the market, value and price of digital assets; you understand and acknowledge that the digital asset market is unstable, that the price and value of assets may fluctuate or collapse at any time, and that the transaction of digital assets is based on your personal free will and decision and therefore you shall assume any and all risks and losses that may possible arise therefrom.
(i) The guarantees and undertakings specified in this Agreement shall be the only guarantee and statements that we make in connection with the services provided by us under this Agreement and through this Platform, and shall supersede any and all the warranties and commitments arising in any other way and manner, whether in writing or in words, express or implied. All these guarantees and statements represent only our own commitments and undertakings and do not guarantee any third party's compliance with the guarantees and commitments contained in this Agreement.
(13) RISKS
a) We hereby remind you that:
(i) The digital assets themselves are not offered by any financial institution.
(ii) The digital asset market is new and unconfirmed, and will not necessarily expand.
(iii) Digital assets are primarily used by speculators, and are used relatively less on retail and commercial markets. Digital asset transactions are highly risky due to the fact that they are traded throughout the day without limits on the rise or fall in price, and market makers and global government policies may cause major fluctuations in their prices.
(iv) Digital assets trading is highly risky and therefore not suitable for the vast majority of people. You acknowledge and understand that investment in digital assets may result in partial or total loss of your investment and therefore you are advised to decide the amount of your investment on the basis of your loss-bearing capacity. You acknowledge and understand that digital assets may generate derivative risks. Therefore, if you have any doubt, you are advised to seek assistance from a financial adviser first. Furthermore, aside from the above-mentioned risks, there may also be unpredictable risks. Therefore, you are advised to carefully consider and use clear judgment to assess your financial position and the abovementioned risks before making any decisions about buying and selling digital assets; any and all losses arising therefrom will be borne by you and we shall not be held liable in any manner whatsoever.
(v) Due to changes or updates in national laws, regulations, or policy guidelines, digital asset transactions may be paused or banned at any time. WEEX reserves the right to suspend or terminate your account, your access to the Service, or the processing of any digital asset transactions at our sole discretion if we believe you have breached this Agreement, or if providing or using the Service in your jurisdiction is considered illegal.
b) By using this Platform, you understand that this Platform is only intended to serve as a venue for you to obtain digital asset information, find trading counterparties, hold negotiations on and effect transactions of digital assets. This Platform does not participate in any of your transactions, and therefore you shall, at your sole discretion, carefully assess the authenticity, legality and validity of relevant digital assets and/or information, and solely bear the responsibilities and losses that may arise therefrom.
c) All opinions, information, discussions, analyses, prices, advice, and other information on this Platform are general market reviews and do not constitute any investment advice. We do not bear any loss arising directly or indirectly from reliance on the abovementioned information, including but not limited to, any loss of profits.
d) The content of this Platform may be changed from time to time and at any time without notice, and we have taken reasonable measures to ensure the accuracy of the information on the Platform; however, we do not guarantee the degree of such accuracy, or bear any loss arising directly or indirectly from the information on this Platform or from any delay or failure caused by failure to link up with the internet, or failure to transmit or receive any notice and information.
e) Using internet-based trading systems also involves risks, including but not limited to failures in software, hardware, or Internet links, etc. In view of the fact that we cannot control the reliability and availability of the Internet, we will not be responsible for any distortion, delay, and link failure.
f) weex.com and WEEX application are the only official external information release platforms for WEEX.
g) WEEX’s Platform is a platform of Digital Assets trading and trading in Digital Assets is subject to high risk and volatility. Without limitation, the following risks may apply:
(i) You may experience loss of your invested capital. It is a high-risk activity and may not be suitable for the general public, as the prices of Digital Assets are subject to sharp, speculative swings. You must ensure that you fully understand the risks involved and take into consideration your level of experience, investment preference, risk appetite, investment objectives, and financial circumstances, and you should seek independent financial advice if necessary.
(ii) You may also be exposed to specific risks that will apply to using WEEX’s services. You are advised to carefully consider these risks, as well as all other risks, are acceptable to you before using our lending services. The risk of loss in financing a transaction using the borrowed digital assets can be significant. The volatility and risk associated with the Digital Assets market means that you may lose all or more than the digital assets you place to secure the borrowed digital assets. At any time, you may be called upon at short notice to make additional contributions of Digital Asset. If you do not make such additional contributions in accordance with WEEX’s instructions, your Digital Asset can be lost with or without further notice to you.
(iii) You may also be subject to market risk. Price volatility or changes in market value may be significant and may occur rapidly and without warning. Past performance is not a reliable indicator of future performance. The value of an investment and any returns can go up or down and you may not get back the amount you had invested.
(iv) Usage of the Platform may also involve liquidity risk. Digital Assets may have limited liquidity which may make it difficult or impossible for you to sell or exit a position when you wish to do so, and there may be difficulty in converting your Digital Assets into Fiat Currency. This may occur at any time, including at times of rapid price movements.
(v) WEEX also discloses availability risk regarding the availability of the Platform. The Platform may subject to unplanned service outages, delays or network congestion. In such circumstances it may not be possible for you to buy, sell, store, transfer, send or receive Digital Assets as and when you wish to do so.
(vi) Third parties, such as financial intermediaries, payment service providers, and custodians may be involved in the provision of services through the Platform. You may then become subject to the terms & conditions of these third parties, and WEEX shall not be responsible for any loss that these third parties may cause you.
(vii) You are responsible for keeping your account secure, including but not limited to keeping your login details and personal information safe. You are responsible for all the transactions conducted under your account, whether you authorised them or not. Transactions in Digital Assets may be irreversible, and losses due to fraudulent or unauthorised transactions may be irrecoverable.
(viii) As the Digital Assets markets are operating 24 hours a day, 7 days a week. Price changes may happen rapidly at any time, within or outside normal business hours, you are solely responsible to monitor such risk.
(ix) WEEX does not provide personal financial advice in relation to our products or services. WEEX may (but without imposition of obligation) provide factual information about a transactional procedure, potential risks or market trend, but this is in no way personal financial advice and should not be construed as personal financial advice. Any decision to the Platform or services, whether for the purpose of buying or selling tokens, or trading in spot or derivative markets, is solely your own. The communication or information provided is not intended or to be construed as investment advice, financial advice, trading advice, or any other sort of advice.
(x) You are also aware of regulatory risks, in which changes in laws and regulations in many jurisdictions may materially affect the value of Digital Assets. This risk is unpredictable and may vary from market to market.
(xi) Dealing with Digital Assets is naturally prone to technological risks, including but not limited to instances of cyberattacks, collapse of the whole ecosystem, hacking or fraudulent activities and/or advancement of technology potentially rendering Digital Assets obsolete.
h) You are recommended to seek independent financial, legal, taxation, and/or other advice before deciding to avail yourself of our products and services. If you do not agree with the Terms herein and/or are not willing to assume all risks, please do not use or access the Platform, and by using the Platform, you shall be deemed to have acknowledged and accepted these risks.
(14) FORK
a) You agree and understand that the underlying protocols of the Digital Assets' networks are subject to changes (each a "Fork") , which are exogenous to WEEX and may result in more than one version of such a network (each a "Forked Network") . You further agree and understand that Forks may materially affect the value, function, and/or name, and may result in loss of control or ownership, of the Digital Assets you hold in your Account.
b) If a Fork occurs, it will result in the creation of a new Digital Asset related to an existing Digital Asset. You further understand, acknowledge and agree that each Fork may materially affect the value, function, and/or name, and may result in loss of control or ownership, of the Digital Assets that you held in your WEEX Account, and that the new Digital Asset and/or the initial Digital Asset may have minimal or no value.
c) Upon becoming aware of a Fork and to the extent that we have any rights or are able to take any action, in the event of a Fork, WEEX may, in our sole discretion, temporarily suspend or amend any services or any supported Digital Assets for an extended period of time (with or without advance notice to you) until we have determined that such functionality can be restored. We may also determine, in our sole discretion, whether or not to support the Forked Network(s) and who should have ownership or receive new Digital Assets following the Fork, and/or benefits (if any) . This could occur with potentially little or no warning and your ability to use the services or Digital Assets may be limited and subject to the Fork. In the event that WEEX decides not to support any such new Digital Assets resulting from the Fork, the new Digital Assets offered by such unsupported Forked Networks will not be made available to you. Notwithstanding the foregoing, we may, in our sole discretion obtain and retain the new (forked) Digital Assets offered by such unsupported Forked Network as property belonging solely to WEEX.
d) You understand, acknowledge and agree that you have no right, claim or privilege in, or with respect to, any new Digital Asset resulting from the Fork. If we do not support a new Digital Asset, you may not be able to withdraw such Digital Asset; you may not be able to trade the such Digital Asset on the Platform or otherwise; and you may lose any value associated with such new Digital Assets following a Fork.
e) If we determine not to support a new Digital Asset resulting from a Fork, we may, in our sole discretion:
(i) obtain and retain the new Digital Asset resulting from the Fork as property belonging to us; or
(ii) make the new Digital Assets resulting from the Fork available to you on a one-time basis, based on your holding of the prior Digital Asset at the time of the Fork, subject to the withholding and retention by us of an amount reasonably calculated to fairly compensate us for the cost of making such new Digital Asset available and subject to our withdrawal procedures.
f) We will notify you only if we elect to permit a one-time withdrawal.
g) You acknowledge the risks presented by Forks and hereby accept that we have no responsibility for any losses or damage arising as a result of an unsupported Forked Network.
h) WE HAVE NO CONTROL OVER, NOR DO WE HAVE THE ABILITY TO INFLUENCE, THE CREATION OR IMPLEMENTATION OF ANY FORK. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE ASSUME NO LIABILITY RELATING TO ANY CHANGE IN THE VALUE OF ANY DIGITAL ASSET (WHETHER OR NOT RESULTING FROM A FORK) . YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT A FORK AS A FORCE MAJEURE EVENT BEYOND OUR REASONABLE CONTROL, WHICH COULD AFFECT THE VALUE OF YOUR DIGITAL ASSETS, AND THAT WEEX DOES NOT ASSUME ANY LIABILITY FOR LOSSES RESULTING FROM SUCH EVENTS.
(15) FIAT SERVICES
a) WEEX may, at its discretion, engage one or more Payment Service Providers to provide exchange services from Fiat Currency to Digital Assets, allowing Users to purchase Digital Assets with various payment methods accepted by Payment Service Providers (the “Fiat Services”) .
b) By using the Platform and the Fiat Services, the user acknowledges and agrees that:
i) Any Fiat Services, fiat payments, currency conversions, or related transactions happen exclusively between you and the Payment Service Provider, not WEEX.
ii) The Fiat Service might not be available depending on the jurisdiction of the User;
iii) The Exchange Service Providers never facilitate any service other than the Fiat Services;
iv) The Fiat Services are exclusively provided by Payment Service Providers;
v) While WEEX uses all reasonable efforts to select the best Payment Service Providers, WEEX does not guarantee, endorse, or assume responsibility for the availability, performance, or accuracy of the Fiat Services provided by Payment Service Providers. WEEX shall have no obligation or responsibility to the User as to the Fiat Services;
vi) The use of the Fiat Services shall be subject to the respective terms, conditions, rules and compliance obligations of the Exchange Service Providers and governed in the respective jurisdiction of the Exchange Service Providers. Users are solely responsible for reviewing the terms and conditions of the Payment Service Providers before engaging in any Fiat Currency transaction.
vii) WEEX retains the right to suspend, restrict or instruct the Exchange Service Providers to restrict any Fiat Services or impose any other measures necessary (including, without limitation, the clawing back of funds for any outstanding fees owed to the Platform) , if the Users breach any of these Terms or any other terms, conditions or rules applicable to the use of the Platform.
c) The Fiat Services are provided solely by the Payment Service Providers, and WEEX does not directly handle, process, or control any Fiat Currency transactions.
d) You acknowledge that fees, exchange rates, or other charges related to the Fiat Services are determined by the Payment Service Providers and may vary. WEEX does not set, recommend or control such fees unless explicitly stated, and disclaims responsibility for any discrepancies or disputes over such charges. Therefore, any disputes regarding fees and charges related to Fiat Services are to be handled directly with the Payment Service Providers.
e) By using the Fiat Services you agree to provide accurate, complete, and up-to-date information required by the Payment Service Providers and to comply with their identity verification (KYC) , anti-money laundering (AML) , and other legal or regulatory obligations. WEEX is not responsible for any failure by the user to satisfy such requirements, nor for any consequences arising from rejected or delayed transactions due to compliance issues.
f) WEEX reserves the right, at its sole discretion, to modify, suspend, or terminate access to the Fiat Services at any time, without prior notice, including but not limited to situations involving regulatory changes, legal compliance, or risk management concerns.
(16) INDEMNITIES AND LIABILITIES
16.1 Indemnities
(a) You agree and undertake to indemnify and hold WEEX and our related personnel harmless against any demand, claim, losses and/or damages ((including legal fees and any fines, fees or penalties imposed by any regulatory authority) arising from and/or in relation to:
(i) the Terms and your violation and/or non-compliance to the same;
(ii) your violation of any laws, tax regulations and/or any direction(s) of any Relevant Authorities;
(iii) any act, error, omission, overlook, and/or miscalculation in relation to your use of the Platform and any consequent losses or damages occasioned;
(iv) any searches and enquiries made in connection with you;
(v) any failure on your part to settle any such executed Order, in circumstances that we are not in breach of the Terms; and
(vi) any other matters that are deemed reasonable solely by WEEX in regards to your use of the Platform and/or the Transaction thereon.
(b) You have been made aware of the risks that may result from using the Platform and/or using any of the services available thereon, in absence of bad faith and fraud, to the full assumption of loss and liability resulting from or incidental to such use.
(c) Nothing in the Terms shall be construed to WEEX representing that the Platform is accurate, complete, error-free, reliable or up-to-date. You hereby acknowledge and agree that WEEX and/or its related personnel shall not be held liable.
(d) Shall you breach this Agreement or any applicable law or administrative regulation, you shall pay to us a compensation (to cover the actual loss) and bear all the expenses in connection with such breach (including attorney's fees, among others) .
16.2 Exclusion and Limitation of Liability
a) Where we fail to provide the services or delay in providing such services due to information network equipment maintenance, information network connectivity failures, errors in computer, communications or other systems, power failures, weather conditions, unexpected accidents, industrial actions, labor disputes, revolts, uprisings, riots, lack of productivity or production materials, fires, floods, storms, explosions, wars, failure on the part of banks or other partners, collapse of the digital asset market, actions by government, judicial or administrative authorities, other acts that are not within our control or beyond our inability to control, or due to causes on the part of third parties, we shall not assume any responsibility for such failure to provide service or delay in providing services, or for the resultant loss you may sustain as a result of such failure or delay.
b) We cannot guarantee that all the information, programs, texts, etc. contained in this Platform are completely safe, free from the interference and destruction by any malicious programs such as viruses, Trojans, etc., therefore, your logging in to this Platform or use of any services offered by this Platform, download of any program, information and data from this Platform and your use thereof are your personal decisions and therefore you shall bear the any and all risks and losses that may possibly arise.
c) We do not waive any of the rights not mentioned in this Agreement and to the maximum extent permitted by the applicable law, to limit, exempt, or offset our liability for damages.
d) Upon your registration of your account with this Platform, it shall be deemed that you approve any and all operations performed by us in accordance with the rules set forth in this Agreement, and any and all risks arising from such operations shall be assumed by you.
e) Save and except to the extent that where the loss is directly caused by our own gross negligence, fraud or wilful misconduct, WEEX, our Group Members, our respective shareholders or members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors are not liable for any loss incurred in connection with the Agreement, including in connection with:
(i) the specific or general risks of investing or entering into any Order or using the Platform, including those described in Clauses 13 and 14;
(ii) any liquidation of positions or assets in your Account, the availability or unavailability of any Digital Asset, Account, or the Platform;
(iii) trading, investing or holding assets in any jurisdiction (including losses arising from nationalisation, expropriation or any governmental action, financial services regulations, currency or asset restrictions, devaluations or fluctuations, and adverse market conditions, or any others factors affecting the orderly execution of transactions or affecting the value of assets) ;
(iv) the collection, deposit or credit of invalid, fraudulent or forged Digital Asset transfers;
(v) effecting the delivery or making payment against an expectation of receipt, save where such delivery or payment is contrary to local market practice;
(vi) an instruction to deliver Digital Assets to an exchange, broker, custodian or other third party, even if we might have information tending to show that this course of action, or the choice of a particular exchange, broker, custodian or other third party for a transaction, is unwise;
(vii) any information that we provide about the market trends concerning the Digital Assets, or otherwise, even if such information is provided at your request;
(viii) any act or omission of any exchange, broker, custodian or any other third party, whether or not appointed by us. In no way we are obliged to request such exchange, broker, custodian or any third party to comply with its obligations;
(ix) the exercise or attempted exercise of, failure to exercise, or delay in exercising, a right or remedy or a delay or error in making payments or deliveries under the Terms;
(x) you or your Authorised Person’s Instructions, for any unauthorised Instructions or our refusal to act on any Instruction;
(xi) any Force Majeure Event;
(xii) a network event out of our control or not reasonably within our control;
(xiii) an event of default;
(xiv) any expected or unexpected interruption, delay, suspension, limitation, discontinuance or failure of the Platform and/or services;
(xv) any refusal to process or authorise, or any reversal of, any transaction for any reason;
(xvi) inability to effect or to complete any transaction on your part, due to system maintenance or breakdown or non-availability of the Platform, network, our hardware or software or that of any third parties;
(xvii) the use of your mobile device, or access to your Account or the Platform and/or services, by third parties, whether authorised or unauthorised by you;
(xviii) any theft or loss of your mobile device;
(xix) any unauthorised or ineligible use of the Platform and/or services contrary to the Terms;
(xx) our compliance with applicable laws and/or court orders;
(xxi) any hacking, tampering, virus transmission or other unauthorised access or use of the Platform, Account, services or any information contained therein;
(xxii) inability to use the Platform and/or services on your part;
(xxiii) termination of any clauses of the Terms;
(xxiv) any return or purported return of Digital Assets and this shall apply where the loss arises for any reason and even if such loss was reasonably foreseeable or we had been advised of the possibility of the Loss;
(xxv) any event where we are properly justified in believing that your specific transactions may involve any serious violation or breach of law or agreement;
(xxvi) any event where we are reasonably justified in believing that your conduct on this Platform is suspected of being illegal or immoral;
(xxvii) The expenses and losses arising from the purchase or acquisition of any data, information or transaction, etc. through the services offered by this Platform;
(xxviii) Your misunderstanding of the services offered by this Platform;
(xxix) Any other losses related to the services provided by this Platform, which cannot be attributed to us.
f) Except as expressly provided in these Terms, all terms, conditions, warranties, undertakings or representations whether express, implied, statutory or otherwise relating in any way to these Terms are excluded. Without limiting the generality of the foregoing, in no event shall WEEX, our Group Members, our respective shareholders or members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors be liable for any loss of profit (actual or anticipated) , loss of use, loss of production, loss of contracts, loss of opportunities, loss of revenue, cost of capital, costs of replacement or repurchase, loss of goodwill, loss of reputation, loss or corruption of information or data, loss from any third party contracts, loss due to business interruption, currency losses, loss of interest, loss of power, cost of purchased or replacement power, contractual claims from third parties or any indirect, incidental, special, punitive, consequential losses or damages arising from or in connection with the performance or non-performance of services provided hereunder, or any other product, service or other item provided by or on behalf of WEEX, our Group Members under these Terms and whether based upon contract, tort, or any other legal theory, even if (i) the possibility of such loss or damage could have been reasonably foreseen or (ii) we have been advised of the possibility of such loss or damage, except to the extent of a final judicial decision that such damages were a result of WEEX or our Group Members’ gross negligence, fraud or wilful misconduct.
g) Notwithstanding any other provision of these Terms, the total cumulative liability of WEEX, our Group Members, our respective shareholders or members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors for any act or omission, whether in contract, tort (including negligence or strict liability) by way of indemnitees, statute or any other legal or equitable theory shall not exceed the amount of the Fees paid by you to us under these Terms in the twelve-month period immediately preceding the event giving rise to the claim for liability.
h) You acknowledge that common law remedies for breach of agreement or possible breach of contract may be insufficient to cover all the losses that we sustain; therefore, in the event of a breach of contract by you, or a possible breach of contract, WEEX shall have the right to seek injunctive relief as well as all other remedies that are permitted under common law or equity.
(17) TERMINATION, SUSPENSION AND ENFORCEMENT
(a) In addition to any other rights the WEEX may have under the Terms, WEEX may, in its sole discretion, with or without notice:
(i) remove any features or services from the scope of the Platform from time to time; or
(ii) suspend or terminate this Agreement;
(iii) cancel any open Order at the date and time the product or services ceases to be made available, or at which the Terms are terminated;
(iv) cancel, refuse to execute or otherwise terminate any Order (regardless of confirmation status of such Order) , on reasonable grounds solely determined by WEEX; and
(v) take such steps, or require you to take such steps, as the WEEX considers necessary for the purpose of protecting itself against risk of loss and maintaining the integrity of WEEX’s Platform.
(b) You agree that the WEEX may exercise its rights under the foregoing clause without any liability or loss to the WEEX, and that you will not hold the WEEX liable for any loss arising from action taken or inaction, or steps required, by WEEX under this clause:
(i) WEEX may suspend or terminate your account or use of the Service, or the processing of any digital asset transaction, at any time if it determines in its sole discretion that you have violated this Agreement or that its provision or your use of the Service in your jurisdiction is unlawful.
(ii) WEEX shall have the right to cancel your Account with WEEX in accordance with this Agreement, and this Agreement shall be terminated on the date of the cancellation of your account.
(iii) WEEX shall have the right to terminate all services offered by this Platform to you in accordance with this Agreement, and this Agreement shall terminate on the date of termination of all services offered by this Platform to you.
(iv) After the termination of this Agreement, you do not have the right to require this Platform to continue to provide you with any service or perform any other obligation, including but not limited to, requesting this Platform to keep or disclose to you any information in your former original account, or to forward to you or any third party any information therein that is not read or sent.
(v) The termination of this Agreement shall not prevent the observant party from demanding the breaching party to assume other liabilities.
(18) OBLIGATION TO MINIMIZE IMPACT
a) While Weex undertakes all reasonable efforts to list only Digital Assets, tokens, and projects that meet its internal standards for quality, integrity, and regulatory compliance, the Digital Asset industry is inherently new, volatile, and rapidly evolving, with regulatory, technological, and market developments that are difficult, if not impossible, to predict or control. Therefore, WEEX does not and cannot guarantee the accuracy, reliability, legality, or long-term viability of any Digital Asset, token, project, or related service made available on the Platform, nor can Weex guarantee the future regulatory status or treatment of such assets in any jurisdiction.
b) Moreover, you acknowledge that WEEX operates in compliance with applicable national and international laws, regulations, and policy guidelines, including but not limited to anti-money laundering, counter-terrorist financing, sanctions, and financial supervision rules. Therefore, any Digital Asset, token, project, or related service can be, without prior notice, terminated, suspended, restricted, frozen or banned by: 1) the issuer of a Digital Asset, project or related service owner himself, 2) by governmental authorities, regulatory agencies, or self-regulatory bodies, or 3) WEEX to comply with applicable laws, regulatory obligations or orders from the regulatory agencies or governmental authorities.
c) Therefore, you acknowledge and agree that in the event any Digital Asset, token, project, transaction, related service, or User Account is suspended, restricted, terminated, or banned due to the actions or omissions of the issuer of the Digital Asset, the project or related service owner, governmental authorities, regulatory agencies, self-regulatory bodies, or WEEX, you shall take all necessary and reasonable steps to promptly minimise the impact of such action on your assets, property, personal interests, and other operations.
d) Your obligation to minimize impact on your assets, property and personal interests, if necessary, includes but is not limited to:
i) Seeking independent legal or financial advice;
ii) Withdrawing, depositing, buying, selling, trading, exchanging, lending, borrowing, converting, swapping, burning, voting and making alternative arrangements for affected Digital Assets, tokens, assets, property, rights or transactions;
iii) Ensuring continued compliance with applicable legal and regulatory requirements;
iv) Refraining from attempting to circumvent any restrictions;
v) Maintaining up-to-date contact information with Weex to ensure receipt of relevant notifications or instructions;
vi) Continuing to comply with all applicable legal, tax, and regulatory obligations in the relevant jurisdictions.
vii) Remaining informed, researching information, and if necessary contacting relevant Digital Asset issuer, project or related service owner, or Weex, to obtain relevant information.
e) To the maximum extent permitted by law, you acknowledge that WEEX shall not be liable for any direct, indirect, incidental, consequential, or special loss of property, loss of Digital Assets, loss of rights, loss of profits, loss of revenue, loss of business opportunities, loss of data, or any other losses or damages that Users may incur as a result of any suspension, restriction, freezing, ban or termination of access to Digital Assets, accounts, or services out of our control.
(19) GENERAL TERMS AND CONDITIONS
(a) Independent Parties. WEEX is an independent contractor but not an agent of you in the performance of these Terms. These Terms shall not be interpreted as facts or evidence of an association, joint venture, partnership, or franchise between the parties.
(b) Interpretation and Revision. WEEX reserves the right to alter, revise, modify, and/or change these Terms at any time. All changes will take effect immediately upon being published on WEEX’s Platform. It is your responsibility to regularly check relevant pages on our Platform to confirm the latest version of these Terms. If you do not agree to any such modifications, your only remedy is to terminate your usage of WEEX services and cancel your account. You agree that, unless otherwise expressly provided in these Terms, WEEX will not be responsible for any modification of WEEX services or suspension or termination of your access to WEEX services.
(c) Language & Translations: These Terms may, at WEEX’s sole and absolute discretion, be translated into a language other than the English language for your convenience. You agree that any such translation shall only be for your convenience and the English text shall prevail in the event of any ambiguity, discrepancy or omission as between the English text and any translated text.
(d) Force Majeure. WEEX will not be liable for any delay or failure to perform as required by these Terms because of any cause or condition beyond WEEX’s reasonable control.
(e) Severability. If any portion of these Terms is 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.
(f) Validity or Provision. If any provision of this Agreement is found unenforceable, invalid, or illegal by any court of competent jurisdiction, validity of the remaining provisions of this Agreement shall not be affected.
(g) Assignment. You may not assign or transfer any right to use WEEX services or any of your rights or obligations under these Terms without prior written consent from WEEX, including any right or obligation related to the enforcement of laws or the change of control. WEEX 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.
(h) Successors and Assigns. The rights and obligations agreed in this Agreement shall be equally binding on the assignees, the heirs, executors, and administrators of the parties hereto who benefit from the rights and obligations.
(i) Waiver. The failure of one party to require performance of any provision will not affect that party’s right to require performance at any time thereafter. At the same time, the waiver of one party to seek recovery for the other party’s violation of these Terms or any provision of applicable terms shall not constitute a waiver by that party of any subsequent breach or violation by the other party or of the provision itself.
(j) No Agency. Nothing in this Agreement shall be deemed to have created, implied or otherwise, to have treated us as your agent, trustee, or other representative, unless it is provided otherwise in this Agreement.
(k) Third-Party Website Disclaimer. Any links to third-party websites from WEEX services does not imply endorsement by WEEX of any product, service, information or disclaimer presented therein, nor does WEEX guarantee the accuracy of the information contained on them. If you suffer loss from using such third-party products and services, WEEX will not be liable for such loss. In addition, since WEEX has no control over the terms of use or privacy policies of third-party websites, you should read and understand those policies carefully.
(l) Technology Disclaimers. You acknowledge and agree that:- (i) WEEX may, from time to time, suspend access to your WEEX accounts, the WEEX Platform, the Service, and/or any other WEEX services for scheduled or emergency maintenance. WEEX will use reasonable efforts to ensure that transactions on the WEEX Platform are processed in a timely manner; however, WEEX makes no representations or warranties as to the duration required to complete such processing, as this is subject to numerous factors beyond WEEX’s control. (ii) While WEEX endeavours to keep the information on the WEEX Platform current, WEEX makes no representations, warranties, or guarantees, whether express or implied, that the content on the WEEX Platform—including information relating to the Services and any other WEEX services—is accurate, complete, or up to date. (iii) You are solely responsible for obtaining the necessary data network access to utilize the Services or any other WEEX services. You are also responsible for procuring and maintaining compatible hardware or devices required to access and use the Service, any WEEX services, the WEEX Platform, and any related updates. WEEX does not guarantee that any of its services, or any portion thereof, will function on any specific hardware or devices. The WEEX services may be subject to malfunctions and delays that are inherent in the use of the internet and electronic communications.
(20) GOVERNING LAW AND DISPUTE RESOLUTION
(a) Governing law. These Terms of Use, any other agreements or terms binding you and WEEX, your use of our Platform and any WEEX services are governed by the laws of Saint Vincent and the Grenadines.
(b) Covered Claims. Except for the excluded claims described in this clause paragraph (c) , WEEX and you each agree that any dispute, claim or controversy arising out of or relating to (1) these Terms of Use and any other agreements or terms binding you and WEEX, the existence, breach, termination, enforcement, interpretation or validity thereof, or (2) your operations and use of the Platform provided by WEEX, or (3) your access to or use of the services provided by WEEX at any time, or (4) or any dispute regarding non-contractual obligations arising out of or relating to it, will be subject to and finally resolved by confidential, binding arbitration on an individual basis and not in a class, representative or consolidated action or proceeding. Arbitration will be conducted through the use of videoconferencing technology (unless both parties agree that an in-person hearing is appropriate given the nature of the dispute) before a single arbitrator in accordance with the Rules of Arbitration of the International Chamber of Commerce (ICC) . The sole arbitrator must be a legal practitioner in Saint Vincent and the Grenadines with at least fifteen (15) years of experience in commercial disputes, that holds a current practising certificate. Where applicable, the interpretation and enforceability of this arbitration provision shall be governed by the laws of Saint Vincent and the Grenadines. If an arbitrator cannot be jointly appointed by the arbitration parties within thirty (30) days of the commencement of the arbitration, an arbitrator meeting the above qualifications will be selected by the International Chamber of Commerce (ICC) . Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. The seat of arbitration shall be Kingstown, Saint Vincent and the Grenadines. The language of the arbitral proceedings will be English. No discovery shall be conducted except by agreement of the parties or after approval by the arbitrator, who shall attempt to minimize the burden of discovery. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys’ fees when authorized by Laws, and the arbitral decision may be enforced in court. The prevailing party, as determined by the arbitrator, will be entitled to its costs of the arbitration (including the arbitrator’s fees) and its reasonable attorney’s fees and costs.
(c) Excluded Claims. The following claims and causes of action will be excluded from arbitration as described in this clause paragraph (b) : causes of action or claims in which either party seeks injunctive or other equitable relief for the alleged unlawful use of its intellectual property, including without limitation copyrights, trademarks, trade names, trade secrets, or patents or its confidential information or private data. Nothing in this clause will prevent WEEX from seeking any other form of injunctive relief in any court of competent jurisdiction, whether or not interim relief has also been sought from the arbitrator.
(d) Delegation. The arbitrator will have the power to hear and determine challenges to its jurisdiction, including any objections with respect to the formation, existence, scope, enforceability or validity of the arbitration agreement. This authority extends to jurisdictional challenges with respect to both the subject matter of the dispute and the parties to the arbitration. Further, the arbitrator will have the power to determine the existence, validity, or scope of the contract of which an arbitration clause forms a part. For the purposes of challenges to the jurisdiction of the arbitrator, each statement within this clause will be considered as separable from any contract of which it forms a part. Any challenges to the jurisdiction of the arbitrator, except challenges based on the award itself, will be made not later than the notice of defense or, with respect to a counterclaim, the reply to the counterclaim; provided, however, that if a claim or counterclaim is later added or amended such a challenge may be made not later than the response to such claim or counterclaim as provided under the ICC Arbitration Rules.
(e) Class Action Waiver. You and WEEX expressly intend and agree that: (1) class action and representative action procedures are hereby waived and will not be asserted, nor will they apply, in any arbitration pursuant to these Terms of Use or and other terms or agreement between you and WEEX, (2) neither you nor WEEX will assert class action or representative action claims against the other in arbitration or otherwise; (3) each of you and WEEX will only submit their own, individual claims in arbitration and will not seek to represent the interests of any other person, or consolidate claims with any other person; (4) nothing in these Terms of Use will be interpreted as your or WEEX’s intent to arbitrate claims on a class or representative basis; and (5) any relief awarded to any one User of the Platform or WEEX’ services cannot and may not affect any other User of WEEX’ Platform or services. No adjudicator may consolidate or join more than one Person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding.
(f) Confidentiality. The Parties will maintain the confidential nature of the arbitration proceeding and any award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by Law or judicial decision.
(g) JURY TRIAL WAIVER. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING OF ANY KIND WHATSOEVER ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR ANY BREACH THEREOF, ANY USE OR ATTEMPTED USE OF THE PLATFORM OR THE SERVICES BY YOU, AND/OR ANY OTHER MATTER INVOLVING THE PARTIES.