Terms & Conditions
XeggeX is a cryptocurrency exchange platform (hereinafter referred to as the “Platform”) that allows its users (hereinafter referred to as “User” or “Users”) to trade a variety of digital assets and access related services.
These Terms of Use (hereinafter referred to as the “Terms”) govern your access to and use of our website (XeggeX.com), our mobile application, and any of our services. By accessing, downloading, using, or clicking on “I agree” to accept any services provided by XeggeX, you acknowledge that you have read, understood, and agreed to be bound by all the terms and conditions stipulated in these Terms as well as our Privacy Policy. Additionally, when using certain features of the services, you may be subject to specific additional terms and conditions applicable to those features. If you do not agree to these Terms or the Privacy Policy, you may not access or use the Platform.
1. Definitions
- 1.1 XeggeX refers to an ecosystem comprising the XeggeX websites (with domain names including but not limited to https://www.xeggex.com/), mobile applications, applets, and other applications developed to offer XeggeX services. These services provide users with digital asset trading and related functionalities.
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1.2 Terms of Use include these terms and conditions, the Privacy Policy, the Rules against Money Laundering and Terrorism Financing, and any other rules, statements, or guidelines that have been or may be released or published on the Platform.
In the event of any conflict or inconsistency between the materials referred to herein, the following order of precedence shall apply, with the highest priority given to the first listed material:
- 1) Terms of Use of XeggeX Platform;
- 2) Privacy Policy of XeggeX;
- 3) Rules against Money Laundering and Terrorism Financing;
- 4) Other agreements, rules, and guidelines as may be implemented from time to time.
- 1.3 Force Majeure refers to maintenance of information network equipment, failure of access to information networks, failures of computer, communication or other systems, power failures, weather, accidents, industrial actions, labor disputes, riots, insurrections, disturbances, inadequacy in productivity or means of production, fires, floods, storms, explosions, wars or other factors on the part of cooperation partners, collapse of the digital asset market, government actions, judicial or administrative orders, and other circumstances that are beyond the control of the Platform.
2. Eligibility
- 2.1 Users who are natural persons must be at least 18 years of age and are recognized under the laws of their respective country as having full legal capacity to exercise civil rights and to independently assume civil liabilities to agree to these Terms.
- 2.2 Unless explicitly approved by XeggeX to use an account for trading on behalf of a corporation or other legal entity (an “Enterprise User”), the User agrees to use the services and their account solely for personal use and not on behalf of any third party. If the User uses any services on behalf of an Enterprise User, they hereby accept these Terms on behalf of both themselves and the Enterprise User. By doing so, the User represents and warrants that they possess the authority to bind the Enterprise User to these Terms. Additionally, both the User and the Enterprise User shall be jointly and severally liable under these Terms for any violation or act committed by either party.
- 2.3 A legal person, organization, or any other institution intending to register as an Enterprise User with the Platform must appoint a representative who is a natural person, at least 18 years of age, or recognized under the laws of their country as having full legal capacity to exercise civil rights and independently bear civil liabilities. This designated representative will complete the registration process on behalf of the legal entity, organization, or institution.
- 2.4 The services offered by the Platform may not be used if the party is located in, or is a citizen or resident of any state, country, territory, or other jurisdiction where the use of the services would otherwise violate any applicable law. It is represented and warranted that the third party is not a citizen or resident of any such jurisdiction and that they will not use any services while located in any such jurisdiction. Additionally, the services may not be used if the third party is located in, or is a citizen or resident of, any other jurisdiction where XeggeX has determined, at its discretion, to prohibit the use of its services.
- 2.5 Users must not have previously had their XeggeX account suspended or terminated. Any User who has had their account suspended or terminated is ineligible to use our services.
3. Account Registration
- 3.1 Users must register with the Platform before they can access any of its services.
- 3.2 As part of the registration process, you, as User, agree to provide personal information, such as identification and contact details, required by the Platform to comply with the Rules against Money Laundering and Terrorism Financing and other relevant laws and regulations. This includes, but is not limited to, the User's name, email address, mobile phone number, nationality, and identity (“ID”) card number, as specified on the Platform's registration page.
- 3.3 Before or after registration, XeggeX shall have the right to require the User to provide more information or data in accordance with the requirements of any of the applicable laws, regulations, rules, orders and other regulatory documents of the country or region where the User is located. The User shall cooperate with the Platform by, and shall be responsible for, submitting the requisite information or materials and adopting reasonable measures to meet the requirements of local regulatory requirements.
- 3.4 Users warrant that all information provided shall be accurate, valid, complete, and kept up-to-date. They shall be treated according to the Platform's privacy policy. XeggeX is not required to take or refrain from any action that, in its reasonable opinion, would breach any AML requirements or applicable economic or trade sanctions laws or regulations. Unless the information submitted by the User is obviously false, wrong and incomplete, the Platform has the right to rely on the information provided by the User.
- 3.5 Upon completing registration, the User or the organization that the User is duly authorized to represent it shall be deemed to have agreed to the entire content of these Terms, and both the User and the organization they represent shall be bound by it. If the User does not meet any of the eligibility qualifications required under these Terms, then both the User and the institution they are authorized to represent shall bear any and all consequences resulting therefrom. The Platform reserves the right to cancel or permanently freeze the User’s account and to hold both the user and the institution they are authorized to represent accountable.
4. Platform Services
- 4.1 The Platform provides various services to Users who have successfully registered, including the disclosure of relevant information by digital asset projects, real-time quotations and trading information for various digital asset projects, and digital asset trading services. Additionally, the Platform offers customer support services, technical and management services to ensure the normal operation of the Platform, as well as any other services publicly announced by the Platform.
- 4.2 The Platform, acting on behalf of digital asset project owners, publishes transaction-related information and provides matching services as stated above. The Platform's role is limited to reviewing the textual content from project owners and does not guarantee its accuracy, completeness, or legality. Users must make informed decisions, seek expert advice, and conduct their own research. All transaction risks based on this information are the Users' responsibility, and the Platform cannot be held liable.
- 4.3 The Platform’s digital asset trading services include several key features. Upon registration, Users are provided with a User account that records all activities on the Platform and serves as the sole access point. Users can engage in digital asset trading by submitting instructions through the Platform to trade various digital assets held in their accounts. Additionally, Users can deposit and withdraw digital assets, transferring them between external addresses and their Platform accounts.
- 4.4 The Platform allows Users to confirm trading status, which become irrevocable instructions for the Platform to execute the relevant transactions. The timing of these executions is based on the Platform's operational schedule, and Users agree that the Platform can handle any issues in line with these Terms and relevant dispute resolution rules. Any disputes or losses resulting from a User's failure to update or confirm transaction status in a timely manner are the sole responsibility of the User.
- 4.5 Trading instructions entered by Users are transmitted by the Platform as soon as they are inputted. Users acknowledge that the Platform acts solely as a facilitator for digital asset transactions and does not engage as a buyer or seller, nor does it handle legal tender deposits or withdrawals. The Platform records all User operations, enabling real-time transaction inquiries via the User's account.
- 4.6 The Platform does not provide any investment, legal, tax, or other professional advice or opinion regarding digital asset transactions. All information, discussions, analyses, and pricing provided by the Platform are general in nature and are not intended as specific advice. Users needing professional guidance shall consult relevant experts. The Platform is not liable for any losses, direct or indirect, including loss of profits, arising from reliance on such general information.
- 4.7 For security, the Platform reserves the right to periodically adjust transaction-related settings, such as transaction limits and transaction times, for security reasons. Users may experience some inconvenience due to these adjustments but acknowledge and accept these changes. In case of system errors or other issues leading to transaction inaccuracies, the Platform has the right to correct such errors. If a User receives more digital assets than entitled due to an error, the Platform may correct the transaction and require the User to return the excess assets. Users understand that the Platform is not liable for losses or responsibilities arising from such corrections.
- 4.8 The Platform's services are not intended to be offered or used in any country or region where such services are deemed illegal.
- 4.9 If the Platform’s services cannot be provided or errors occur in the provision of such services due to the User's failure to update their profile or provide necessary information requested by the Platform, the User cannot use this as a reason to cancel a transaction or refuse to pay. The Platform shall not be held responsible, and all resulting consequences shall be borne solely by the User.
- 4.10 Notwithstanding the other provisions of these Terms, the Platform shall have the discretion to determine whether a User can pass the account user verification and whether to cancel the registration of the User who has already been verified. The Platform has the right to refuse to permit or cancel the registration of any User, and has no obligation to inform the User of the reason for rejecting the registration thereof. The Platform does not bear any direct or indirect losses suffered by the User due to the Platform's refusal to permit the registration of such User, and the Platform reserves the right to hold the User accountable.
- 4.11 The Platform reserves the right to modify, suspend, or terminate some or all of the services provided to a User under various circumstances. These circumstances may include compliance with the laws, regulations, rules, and orders of the jurisdiction where the User is located, ensuring the protection of XeggeX's legitimate interests or those of its customers, adapting to changes in the trading regulations of digital assets, and any other valid reason deemed necessary. If such modifications, suspensions, or terminations occur, the Platform shall announce the date of effectivity of these changes.
5. Trading of Digital Assets
- 5.1 Trading or holding digital currencies carries inherent risks, and potential losses can be significant. Users shall carefully assess whether engaging in such activities are suitable for them, given their financial circumstances. The presence of a digital currency on the Platform or its use in connection with the Platform’s services shall not be construed as an express or implied representation by XeggeX of any kind, including endorsement, warranty, or approval regarding the value, integrity, security, or functionality of that digital currency.
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5.2 By utilizing the Platform’s services, as a User, you represent and warrant the following:
You acknowledge and accept the inherent risks associated with trading and holding digital currencies, including their extreme volatility, which may result in significant losses. You understand and accept that the price or value of digital currencies can fluctuate dramatically, and that you may incur losses as a result of using our services to trade or hold these assets.
You recognize that you are responsible for conducting your own independent research and analysis regarding the specific risks associated with the digital currencies that you wish to trade or hold before using our services. You possess the necessary technical and financial skills to evaluate the security, integrity, and functionality of any digital currency available through our services.
You acknowledge that XeggeX does not and cannot undertake any oversight functions concerning the digital currencies traded on the exchange. You have the requisite knowledge, experience, and understanding, as well as access to professional advice and information, to independently assess the merits and risks of any trade before using our services.
You accept that there is a risk of fraud when using digital currencies and understand that XeggeX has no obligation to compensate you or assist in recovering losses from third-party fraud, except in cases where XeggeX, including its shareholders, directors, officers, employees, agents, or representatives, is proven to be fraudulent or negligent in providing services to you.
You ensure that you have sufficient financial resources to undertake any trade before using any of the Platform’s services. - 5.3 The Platform reserves the right to terminate the registration of a User as such or terminate their access to their account if the Platform, in its sole and absolute discretion, finds out that the User is not suitable for high-risk investment and/or if the Platform is of the view that the User has breached any of the terms.
6. Obligations, Representations and Warranties of Parties
- 6.1 Registration and use of the services shall be solely for the purpose of legally trading the User's own digital assets. The User shall not use the Platform to violate any law or regulation or to undermine the trading order of digital assets.
- 6.2 User agrees to use the services only for their intended purposes, as permitted by these Terms and any applicable laws and regulations. Any attempt to access services by any means other than those provided by XeggeX is strictly prohibited.
- 6.3 User shall not engage in any activity that disrupts or interferes with the Platform’s services, including the servers and/or networks on which the services operate or are connected.
- 6.4 User guarantees that the funds used for trading are from legal sources and have not been derived from any illegal activities or means.
- 6.5 User shall not copy, duplicate, reproduce, sell, trade, or resell the Platform’s services.
- 6.6 User shall be responsible for any consequences, losses, or damages that XeggeX may incur due to any activity undertaken by such User that breaches these Terms or any applicable laws or regulations.
- 6.7 User shall be responsible for ensuring the security and integrity of their devices, software, and digital interfaces, as well as maintaining the confidentiality of any login information associated with their account with the Platform. User shall be liable for any consequences, loss, or damage resulting from failure to uphold the security or integrity of their equipment or digital interfaces, or to protect the confidentiality of their personal details, including their XeggeX account and login credentials.
- 6.8 If the security of the account has been compromised, the User shall promptly notify XeggeX in writing. Upon receipt of the User's written notice, the Platform shall take reasonable measures to protect the account, including suspending it if necessary.
- 6.9 To safeguard the User's identity and privacy, the Platform maintains a policy of not altering the email address used to create, and is linked to, an account. User shall ensure that the email address used to establish an account with the Platform is one to which they shall have continued access. If it becomes necessary to change the email address associated with the account, the User must contact the Platform directly.
- 6.10 If the User cannot access their account due to lost or unusable login information, the Platform shall require verification of account ownership before granting access. This verification will involve answering questions based on the User's XeggeX account information.
- 6.11 The Platform may provide various open communication tools, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, and various social media services. Users acknowledge and accept that XeggeX does not pre-screen or monitor content posted through these communication tools. Therefore, it is the User's responsibility to use these tools in a lawful, responsible, and ethical manner when submitting or receiving content on the Platform.
- 6.12 By posting information or using any open communication tools mentioned above, Users agree not to upload, post, share, or otherwise distribute any content that is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any suggestive, inappropriate, or explicit language. Users also agree not to post content that infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party; contains any unauthorized or unsolicited advertising; or impersonates any person or entity, including any XeggeX employees or representatives.
- 6.13 XeggeX reserves the right, at its sole discretion, to remove any content that it believes does not comply with these Terms, or that it deems offensive, harmful, objectionable, inaccurate, or in violation of any third-party copyright or trademark. The Platform is not responsible for any delay or failure in removing such content. By posting content that the Platform chooses to remove, the User consents to its removal and waives any claim against XeggeX.
- 6.14 XeggeX does not assume any liability for any content posted by Users or any third party on any of its Platform. Occasionally, it may provide links to third-party websites and information. However, it does not control, endorse, or adopt any third-party content and shall have no responsibility for third-party content, including material that may be false or misleading, incomplete, offensive, indecent, or otherwise objectionable.
- 6.15 For information or content posted to the Platform by third parties, which may be downloaded, the Platform makes no representation about the safety, security, accuracy, or quality of that information or content and does not supply that material in connection with its services to the User. XeggeX is not liable for any damage or data loss incurred by the User or any other party resulting from the download of such third-party content.
- 6.16 Users warrant that any content they post on the Platform does not infringe on any third-party intellectual property rights. By posting such content, Users grant XeggeX a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to reproduce, modify, adapt, translate, publish, publicly display, and/or distribute the content as it sees fit.
- 6.17 The Platform may, at its discretion, attempt to correct, reverse, or cancel any order, trade, or transfer if an error is discovered, whether the error was made by the User, XeggeX, or a third party. User authorizes the Platform to make such attempts, acknowledging that success is not guaranteed and that the Platform does not bear liability for the error or any correction attempts.
- 6.18 XeggeX reserves the right, at its discretion, to temporarily restrict the User from transacting with large amounts of digital currency in their account. In such instances, the Platform will communicate with the User to verify the source and ownership of the digital currency. The funds will be released once XeggeX is satisfied that they were acquired in compliance with all relevant laws, including those concerning anti-money laundering and counter-terrorism financing, and that the User is entitled to possess the currency.
- 6.19 If a digital currency splits, forks, or requires any other form of modification or alteration, the Platform shall not perform or facilitate any such changes on behalf of the User. User shall withdraw the relevant digital currency from their account and complete the necessary process for such splits, modifications, or alterations.
- 6.20 Users shall warrant that they will not hold XeggeX responsible for recovering or replacing digital currency or compensating for direct or indirect losses in the event of a hostile takeover or illegitimate forking of a digital currency. In such events, the Platform is not obligated to, but reserves the right to review the blockchain and its associated digital currency, suspend the User's access to the site, services, and/or the User's account if a deposit of digital currency appears illegitimate, reverse any deposit of illegitimate digital currency, and restore access to the site, services, and/or the User's account once the deposit has been reversed.
- 6.21 Unless otherwise indicated in these Terms, XeggeX shall not transact with digital currency in the User’s account or digital currency that is otherwise held by the Platform on behalf of the User without explicit instruction. When the User initiates a trade, they acknowledge that their confirmation of the trade serves as an express instruction to the Platform for this purpose.
- 6.22 XeggeX relies on third-party service providers for its Platform. Occasionally, faults, errors, and other issues may arise with such third-party service providers, resulting in temporary or permanent unavailability of access to these services. In such cases, XeggeX will make every effort to restore access or connectivity promptly.
- 6.23 If access or connectivity cannot be restored within a reasonable timeframe or at all, the Platform shall notify Users of the issue. XeggeX bears no liability for the failure to restore access or connectivity in cases where a third-party service provider is responsible for the failure and/or the matter is beyond the Platform's control.
- 6.24 If the Platform services cannot be provided or errors occur in their provision due to the User's failure to update their profile or provide necessary information requested by the Platform, the User cannot use this as a reason to cancel a transaction or refuse to pay. The Platform shall not be held responsible, and all resulting consequences shall be borne solely by the User.
- 6.25 User shall not assign or transfer any rights to use the services without the prior written consent of XeggeX. The Platform may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, by providing User with fourteen (14) days' notice.
- 6.26 The Platform may transfer its rights and obligations under these Terms to any third party at any time, with a notice to Users thirty (30) days prior to the transfer.
- 6.27 If the User breaches any of their obligations under this section, the Platform has the right to take measures such as suspending the User's account and restricting their access to some or all functions of the Platform services, including access to their digital assets. In this event, the Platform shall not be held liable in any way, and the User agrees to bear any direct or indirect expenses or losses resulting from these actions.
- 6.28 User shall bear all direct and indirect losses and adverse consequences resulting from their breach of any undertakings. Any illicit gains obtained from such breaches will be deducted, and the Platform reserves the right to hold the User accountable.
- 6.29 User shall indemnify XeggeX against all losses, damages, claims, liabilities, expenses, payments, or outgoings incurred by or awarded against the Platform arising from any breach of these Terms or any act or omission by the User, including negligence, unlawful conduct, or willful misconduct relating to these Terms or the use of their XeggeX account.
- 6.30 Users, whether as an individual or as an Enterprise User, represent and warrant that they are not residents of or registered in any of the Restricted Locations. For the purpose of these Terms, “Restricted Locations” shall include Central African Republic, Democratic Republic of Congo, Eritrea, Guinea-Bissau, Iran, Iraq, Lebanon, Libya, Mali, North Korea, Somalia, South Sudan, Sudan, and Yemen. The list of Restricted Locations may be updated from time to time at the Platform’s sole and absolute discretion.
- 6.31 Users from these Restricted Locations may not use the services if they are located in, or are citizens or residents of, any jurisdiction where such use would violate any applicable law or where XeggeX has prohibited use of its services.
- 6.32 User, whether as an individual or as an Enterprise User, represents and warrants that they are not on any sanction lists of competent authority, including but not limited to the sanction lists of the Republic of Seychelles, the sanction lists of international laws and conventions to which the Republic of Seychelles is a party and other applicable sanction lists.
- 6.33 User, whether as an individual or as an Enterprise User, represents and warrants that accessing the Platform or utilizing its services does not violate any applicable laws or regulations in the jurisdiction in which the User is residing, including any laws restricting the sale, purchase, holding, or dealing with digital assets.
- 6.34 In addition to these Terms, User shall also comply with all rules issued and updated by the Platform from time to time, including announcements, product flow descriptions, Platform project descriptions, risk alerts, among others.
7. Service Fees and Other Charges
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7.1 The Platform shall charge fees to Users upon the successful completion of their trades. The standard maximum fee is 0.20% of the traded amount, payable by both the buyer and the seller. The fees are calculated as follows:
- Buyer's fee payable to the Platform on a realized trade = amount traded plus 0.20%;
- Seller's fee payable to the Platform on a realized trade = amount traded less 0.20%.
- 7.2 Discounts to these fees may apply and are detailed on the Platform’s Fees page. Additionally, withdrawal fees vary and are also available on the Fees page.
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7.3 The fees payable to XeggeX will be displayed at two separate times prior to the realization of any trade being:
- the time when you first place an order for a trade (the pre-order stage); and
- the time when you confirm the trade (the confirmation stage).
- 7.4 The Platform shall charge the applicable service fees when the User utilizes the Platform's services. The specific fees and rates shall appear on the Platform at the time the User accesses the services. The Platform reserves the right to unilaterally establish and adjust these service fee rates.
- 7.5 Users may incur third-party service fees in connection with their use of the Platform's services. The specific rates for these third-party service fees shall be found on the relevant web pages of the Third-party Websites or through the Platform's notifications and fee schedules. Users agree to pay these fees directly to the third parties or authorize the Platform, or a designated third party, to make the payments on their behalf.
- 7.6 Users are responsible for submitting any and all applicable taxes related to their use of the Platform and/or its services to the appropriate tax authorities as required by law. When the Platform is obligated to make any tax deductions, it will do so in accordance with applicable laws.
8. Risk Disclosures and Acknowledgments
- 8.1 Users acknowledge and agree that transactions through the Platform entail various risks, for which the Platform cannot and does not assume responsibility. These risks include macroeconomic risks, where Users may face losses due to abnormal price fluctuations resulting from changes in the macroeconomic situation. Policy risks may arise from changes in relevant laws, regulations, policies, and rules, leading to abnormal price fluctuations and potential losses for Users. Default risks involve the possibility of Users suffering losses due to the inability or unwillingness of project owners to carry out their projects. Additionally, Users shall be aware of earnings risks, as digital assets are not issued by any financial institution or platform, and the digital asset market is relatively new and unproven, potentially resulting in no actual earnings. Trading risks are prevalent, primarily because digital assets are mainly used by speculators, leading to high risks due to continuous trading without limits and significant price fluctuations. Force majeure risks are also inherent, and Users are responsible for any losses resulting from their actions, including wrong decisions, improper operations, or third-party intrusions into their accounts.
- 8.2 Digital asset transactions are highly risky and may result in the loss of part or all of the investment. Users shall assess their financial situation and risk tolerance before engaging in such transactions, considering both foreseeable and unforeseeable risks.
- 8.3 If Users have doubts about digital asset investments or transactions, they shall seek advice from professional consultants before proceeding.
- 8.4 The Platform does not guarantee any transactions or information provided by Users or project owners. Users shall rely on their own research and judgment and assume responsibility for their decisions.
- 8.5 The Platform does not guarantee the applicability, accuracy, or suitability of its services for any specific purpose. Users acknowledge the instability of the digital asset market and assume all associated risks. Moreover, Users shall decide whether to use the Platform's services and bear all risks and potential losses. The Platform does not guarantee the market, value, or price of digital assets.
- 8.6 Third-party service providers shall be responsible for their services, and the Platform shall not liable for such services.
- 8.7 Users shall be exclusively responsible for any loss or liability resulting from their actions, including failure to comply with these Terms or insufficient account balances. The Platform shall not be held liable for losses caused by User-related factors.
9. Data Protection
- 9.1 The personal information encompassed within these Terms includes various categories. Firstly, it comprises the personal registration details provided by Users during account registration or usage, encompassing information like contact numbers, email addresses, and ID card information. Secondly, it involves server data automatically received and recorded by the Platform from Users' browsers when accessing the Platform, including IP addresses and other relevant data. Additionally, transaction-related data collected by the Platform, such as transaction records, falls within this scope. Lastly, the Platform may legally obtain personal information of other Users, further expanding the range of data covered.
- 9.2 Users' successful registration on the Platform shall constitute consent for the Platform to collect, use, or disclose their personal information without additional consent. The Platform may utilize collected personal information for various purposes, including customizing services, resolving disputes, ensuring safe transactions, reporting to relevant authorities, marketing, and cooperation with third parties.
- 9.3 The Platform reserves the right to track Users' information and analyze the User database for commercial purposes, while also utilizing data collection devices like cookies. However, the Platform shall be obligated to protect Users' data in accordance with relevant laws and regulations, with limited exceptions for sharing with authorized parties.
- 9.4 Users authorize the Platform to use their provided information for service provision, product recommendations, market research, and data analysis, and to inquire and collect User information to provide better services. Both the Platform and its partners are required to maintain the confidentiality and security of User information.
- 9.5 The provisions within the purview of data protection of these Terms shall take effect upon signing, maintain independent legal standing, and remain unaffected by contract formation or changes in status.
- 9.6 XeggeX may share personal data of Users with law enforcement agents, data protection authorities, government officials, and other authorities under certain circumstances. These include situations where disclosure is required by law, compelled by subpoena, court order, or other legal procedures, or when the Platform believes that disclosure is necessary to prevent damage or financial loss. Additionally, personal data may be disclosed if it is necessary to report suspected illegal activity or to investigate violations of these terms.
10. Limitation of Warranties and Liability
- 10.1 Xeggex guarantees that its services are provided with due care and skill and that any services supplied by the Platform are reasonably fit for their intended purpose. The Platform also guarantees that its services shall be delivered to Users within a reasonable time.
- 10.2 Subject to statutory rights, the liability of Xeggex, its related corporate bodies, and their respective shareholders, directors, officers, employees, lawyers, agents, representatives, suppliers, or contractors arising out of or in connection with the Platform, its services, or any performance or non-performance of the services, a breach of any one or more of the guarantees related to the Limitation of Warranties, or any other product, service, or item provided by or on behalf of Xeggex, including as a result of Users providing inadequate or false personal information, incorrect wallet identification details, erroneous or false account information, or incorrect bank account details, whether arising under contract, statute, strict liability, or other cause of action, including negligence and in equity, shall not exceed the re-supplying of the services or the payment of the cost of having the services re-supplied.
- 10.3 Users acknowledge and agree that the Platform shall not be responsible for any loss of income, transaction profits, or contractual damages; losses arising from service interruptions, suspensions, or terminations; anticipated savings in transaction costs; information transmission issues; investment or trading opportunities; goodwill or reputation; data loss or damage; costs incurred from purchasing alternative products or services; or any indirect, special, or incidental losses due to infringement, including intentional and negligent acts, breach of agreement, or any other cause, regardless of whether such losses were foreseeable or the Platform was informed of their possibility.
- 10.4 The Platform shall not be obliged to indemnify Users for losses under circumstances such as suspected illegal or immoral conduct by Users, mistaken beliefs about Platform responsibility, or any other reasons not attributable to the Platform.
- 10.5 The Platform’s partners shall be responsible for the quality and content of their services. The Platform cannot guarantee the authenticity of information on third-party websites and shall not be liable for any risks Users take when accessing these sites. Users shall independently assess and assume risks for any data downloaded through Platform services.
- 10.6 The Platform does not guarantee the accuracy, validity, security, or integrity of external links provided for Users' convenience and shall not be responsible for content on web pages beyond its control.
- 10.7 Advice or information from the Platform or its staff, whether written or oral, shall not constitute a guarantee for Platform services.
- 10.8 The Platform shall not be liable for any indirect, punitive, special, or derivative losses, including business losses, loss of profits, or economic benefits arising from these Terms, the use of the Platform, or any information, content, materials, products, or services provided through the Platform.
- 10.9 The Platform's total liability for breach of these Terms shall not exceed the total service fees charged for the current digital asset transaction.
- 10.10 Users shall indemnify the Platform for any direct or indirect losses, including litigation costs, resulting from breaches of these Terms or relevant laws.
- 10.11 The Platform shall have the right to seek injunctive remedies and other legal remedies in the event of a breach or potential breach of these Terms by Users.
- 10.12 The guarantees and representations made in these Terms shall be the only ones on which the Platform provides services, superseding any other written or oral guarantees. These guarantees shall bind only the Platform, not any third party.
- 10.13 Users acknowledge that the Platform shall retain all legal rights and limit its liability to the maximum extent permitted by law, even if not explicitly stated in these Terms.
11. Intellectual Property
- 11.1 All content and materials on the Platform, including text, graphics, website names, code, images, and logos, are the intellectual property of XeggeX and are protected by copyright, patent, trademark, and other applicable laws, unless otherwise specified. This includes all software, applications, text, images, graphics, data, prices, trades, charts, graphs, videos, and audio materials used on the Platform. Unauthorized use, such as reproduction, distribution, display, or transmission of any content on this site, is strictly prohibited unless specifically authorized by the Platform. The trademarks, trade names, service marks, and logos of XeggeX and others used on our Platform are the property of XeggeX and its respective owners and should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected, or distributed in any form, whether manually or automatically.
- 11.2 Using any content from our Platform on other sites or networked computer environments for any other purpose is strictly prohibited. Unauthorized use may violate copyright, patent, trademark, and other applicable laws, potentially resulting in criminal or civil penalties.
12. Modification, Suspension or Termination of Use
- 12.1 These Terms shall remain in force unless unilaterally terminated by the Platform or upon the application of the User to terminate these Terms, with the consent of the Platform. In the event that the User violate these Terms, relevant rules, any laws or regulations, or the Platform reasonably suspects that the User is involved in illegal or inappropriate conduct in using the services, or at the request of government authorities, the Platform reserves the right to, at its sole discretion and without any liability, terminate these Terms, close the account, or restrict the use of the Platform. However, the termination does not relieve the User of their obligations under these Terms or other agreements generated on the Platform.
- 12.2 In the event that the User discovers that a third party has fraudulently obtained or misused their user account and password, or if any unauthorized circumstances arise, they should promptly notify the Platform and request the suspension of related services. The User acknowledges that all liabilities, losses, damages, claims, costs, or expenses arising from or in connection with the use of their account, whether authorized or unauthorized, shall be borne by them.
- 12.3 The Platform reserves the right to modify, discontinue, or terminate some or all network services at any time without prior notice or liability to the User or any third party. User understands that regular or irregular maintenance may interrupt network services, and while the Platform will provide notice as soon as possible, it shall not be liable for any resulting loss, damage, claim, or liability.
- 12.4 Xeggex shall have the right to suspend or terminate a User's access to the Platform, its services, or their account, at its absolute discretion if the Platform reasonably believes the User has engaged in conduct such as, but not limited to: breaching the terms of the agreement; violating any law or legal right, including third-party rights; participating in any illegal activity, including using the services for illegal purposes; engaging in fraudulent activity, such as attempting to access or hack another User's account, or impersonating XeggeX; introducing electronic malware or viruses into the Platform; violating chatroom rules; behaving abusively or unreasonably towards other Users or Xeggex staff; and encouraging third parties to interact with the services without prior written consent from Xeggex.
- 12.5 The Platform shall have the discretion to halt, suspend, or terminate services without prior notice, implementing mitigating measures such as canceling transactions and freezing accounts, and deleting registration data, all without incurring liability to the User or any third party. These actions may occur in various scenarios, including instances where the User's provided personal data is found to be inauthentic, invalid, or incomplete, abnormal or illegal transactions or suspicious activities are detected, there is suspicion of the account's involvement in money laundering, pyramid schemes, or fraudulent activities, the User breaches the terms of service, service fees for fee-based network services remain unpaid, unauthorized access to the account is identified, or the account becomes embroiled in legal proceedings or investigations. Additionally, the Platform may exercise these measures in other circumstances it deems necessary, exercising its sole discretion.
- 12.6 User agrees that the modification, suspension, or termination of their account, or any other measures taken by the Platform, do not release them from liability. They remain responsible for any breach of contract, damages, or other legal consequences arising from their use of the Platform's services, and the Platform may retain their information.
- 12.7 If the User's account contains anomalies, such as a negative balance or insufficient funds to cover fees, the account may be suspended until such issues are resolved. Upon receiving notice of account suspension, the User's right to use the services will cease for a minimum of 72 hours, unless otherwise advised. Subsequently, the account may be terminated if an investigation reveals misconduct as outlined above.
- 12.8 If an account remains inactive with a zero balance for six (6) months, Xeggex reserves the right to suspend the account. If there is no communication from the User for twelve (12) months, including account usage, the account may be terminated. Users have the option to voluntarily close their account at any time by withdrawing funds or requesting closure from the Platform.
13. Amendments
- 13.1 The Platform reserves the right to amend these Terms at any time. Upon any changes to the content of these Terms, the Platform shall release the latest version, as amended, without individually notifying each User. If User disagrees with the amendment made by the Platform, the User has the right to discontinue using the services of the Platform. However, if the User continues to use the Platform services, it shall be deemed that the User accepts the amendments made by the Platform to these Terms and agrees to adhere to them as amended.
- 13.2 Notices under these Terms shall be issued through public announcements and shall be considered served once published on the Platform. Any specific notices intended for the User personally shall be sent to the email address provided during registration, via in-site messages in the account, or through mobile number provided to the Platform after registration. Once dispatched, such notices shall be deemed delivered.
- 13.3 Xeggex shall make every effort to provide Users with at least fourteen (14) days' prior notice of any changes to these Terms that are likely to significantly impact or disrupt their use of the Platform, unless the change is necessary for immediate security restoration or maintenance, or if it is due to a change by a third party that Xeggex was unaware of in advance. In such cases, the Platform shall strive to notify Users within a reasonable time after becoming aware of or implementing any necessary change.
- 13.4 User acknowledges and agrees that all communications shall be conducted electronically, including via email, site messages, and SMS. The Platform shall utilize these methods to send account-related notifications and order receipts. To ensure receipt of all communications, User shall maintain an up-to-date email address and promptly inform the Platform of any changes. Delivery to the email address or mobile number associated with the account shall be deemed valid. In the event of an undeliverable email, the Platform reserves the right to suspend access to the account until a new email address is provided and confirmed.
14. Governing Law
- 14.1 These Terms are governed by the laws of the Republic of Seychelles. The establishment, interpretation, content, and performance of these Terms are subject to the relevant laws and regulations of the Republic of Seychelles. Any claims or lawsuits arising from or related to this Agreement shall be construed and enforced in accordance with the laws of the Republic of Seychelles.
- 14.2 In agreeing to these Terms, User acknowledges that all activities conducted between the User and the Platform shall be deemed to occur within the Republic of Seychelles, regardless of the User's physical location when using the Platform or engaging with it in any way. Consequently, the User agrees that these activities are exclusively governed by the laws of Seychelles, without regard to the laws of any other country where the User may be situated. Therefore, any recourse sought from the Platform shall be pursued under Seychelles law. However, the User agrees to adhere to all applicable laws and regulations governing the use of the Platform in any jurisdiction where the User may be present.
- 14.3 The Platform operates exclusively within the Republic of Seychelles and shall not extend its services beyond its jurisdiction. However, residency in Seychelles shall not be a prerequisite for utilizing the Platform's services. Foreign Users shall be solely responsible for adhering to the laws of their respective countries of residence or any jurisdiction from which they access the Platform. The Platform shall bear no responsibility for any violations of local laws by Foreign Users. In jurisdictions where laws govern digital asset trading, the Platform shall not extend its services to foreign Users if doing so would contravene any laws or necessitate any filings, registrations, or approvals with relevant authorities.
15. Force Majeure
Xeggex shall bear no responsibility or liability for any failure or delay in the performance of its services, or for any loss or damage incurred by the User, arising from circumstances or events beyond the Platform’s control. These may include, but are not limited to, floods, extraordinary weather conditions, earthquakes, acts of God, fires, wars, insurrections, riots, labor disputes, accidents, government actions, communication failures, power outages, or malfunctions in equipment or software.
16. Miscellaneous
- 16.1 These Terms constitute the entire agreement and supersede all prior and contemporaneous understandings between the parties regarding the Site or the Services. In the event of any conflict between these Terms and any other agreement the User believes they may have with XeggeX, these Terms will govern any dispute unless the other agreement expressly states that it supersedes these Terms.
- 16.2 The ultimate power to interpret this Agreement shall be vested in this Platform.
- 16.3 If any provision of these Terms is found to be unenforceable, invalid, or illegal by any competent authority, the validity of the remaining provisions shall not be affected. If any provision of these Terms becomes wholly or partially invalid or unenforceable for any reason, it shall be severed from these Terms and replaced with a new provision that reflects the intentions of the parties and maintains the economic purposes of these Terms to the fullest extent possible. In such a case, the remaining provisions of these Terms shall remain in full force and effect.
- 16.4 A waiver of any breach of these Terms or any provision herein shall only be effective if signed in writing by the party not in breach or not seeking such waiver. Any waiver of a breach of these Terms shall not be construed as a waiver of any subsequent breach or as an ongoing waiver of the provision breached. The failure to exercise any right or remedy under these Terms shall not constitute a waiver of such right or remedy in the future.