DIGITAL ASSET TRADING INVOLVES A HIGH DEGREE OF RISK. THE DIGITAL ASSET MARKET IS NEW AND UNPROVEN AND MAY EXPERIENCE FREQUENT PRICE VOLATILITY DUE TO A VARIETY OF FACTORS, INCLUDING WITHOUT LIMITATION (I) THE SMALL USE OF DIGITAL ASSETS IN THE RETAIL AND COMMERCIAL MARKETPLACE IN COMPARISON TO RELATIVELY LARGE USE BY SPECULATORS AND (II) THE LACK OF ASSURANCE THAT A PERSON OR INSTITUTION WHO ACCEPTS DIGITAL ASSETS AS PAYMENTS TODAY WILL CONTINUE TO DO SO IN FUTURE. SUCH PRICE VOLATILITY MAY ADVERSLY AFFECT AN INVESTMENT IN DIGITA. ASSETS SO PRIOR TO USING OUR CRYPTO CURRENCY EXCHANGE WEBSITE / SOFTWARE YOU ARE EXPECTED TO EVALUATE THE MERITS AND RISKS OF THE INVESTMENT AND BE ABLE TO BEAR THE ECONOMIC RISK OF LOOSING YOUR ENTIRE INVESTMENT IN A SHORT PERIOD OF TIME. NO MATERIAL ON OUR CRYPTO CURRENCY EXCHANGE WEBSITE / SOFTWARE SHOULD BE CONSIDERED AS AN OFFER FROM US TO SELL OR AS SOLICITATION BY US OF ANY OFFER TO BUY DIGITAL ASSETS
MoonX operates an electronic web interface which provides access to an online digital assets exchange through which any individual or legal entity upon registration (“User(s)”) may: (i) Transact by way of exchanging one form of Digital Assets for another form; (ii) Transact by purchasing Digital Assets for Fiat Funds; (iii) Transact by selling Digital Assets for Fiat Funds, or (iv) use our Storage Services to keep Digital Assets purchased and owned by it (collectively the “Services”). When our platform’s matching engines match orders a trade occurs. Unmatched orders rest on their order book. Each trade (i) transfer of ownership of digital assets between users (ii) is recorded on our internal ledger (Exchange ledger) and (iii) is reflected through records held by us of each user’s digital asset account (which shall be final and conclusive). All platform trading activity is “off-chain” and not broadcast to a given blockchain.
“Account” means the account of a User for using the Services provided through the Website;
“Account Information” refers to a password and such information which may be provided by you as part of our registration procedure;
“AML & KYC Policy” refers to our Anti-Money Laundering and Know Your Customer policy, which sets out our procedures regarding prevention of money-laundering and related illegal activities. The is available at MoonX.Pro;
“Content” means any information, text, graphics, or other materials uploaded by the Company or the Users, which appears on or can be accessed through our website / services;
“Digital Asset” means a digital asset (also called a “cryptocurrency,” “virtual currency,” “digital currency,” or “digital commodity”), which is based on the cryptographic protocol of a computer network that may be(i) centralized or decentralized, (ii) closed or open-source, and (iii) used as a medium of exchange and/or store of value;
“Fiat Funds” refers to a denominated national fiat currency balance maintained in a User’s Account;
“KYC Information” refers to the information set out under the clause titled “Customer Due Diligence/Know Your Customer” of our AML & KYC Policy at MoonX.Pro;
“Linked Bank Account” refers to any bank account with a scheduled commercial bank which is owned and operated by the User, whose details were provided by the User during the Account registration;
“Restricted Locations” means Afghanistan; Central African Republic; Cuba; Democratic People’s Republic of Korea (North Korea); Democratic Republic of the Congo; Eritrea; Guinea Bissau; Haiti; Iran; Iraq; Kenya; Lebanon; Liberia; Libya; Nigeria; Rwanda; Sierra Leone; Somalia; Sudan; Syria; and Zimbabwe
“Sanctions Lists” has the meaning given to it under the AML & KYC Policy at MoonX.Pro;
“Storage Service” refers to storage services provided by third-party service providers integrated on the Website for interim storage of Digital Assets for Transacting on the Website;
“Transaction” (including, its agnate and cognate expressions, correlative meanings, the terms “Transacting” or “Transact”) means (i) transfer of Digital Assets or Fiat Funds by the User to his/her Account; (ii) transfer of Digital Assets or Fiat Funds among the Users, and/or (iii) withdrawal of Digital Assets or Fiat Funds from a User’s Account;
“Website” or “Online Platform” means MoonX.Pro. as well as any sub domains, derivatives or localized websites containing MoonX branding.
You represent and warrant that you: (a) are of 18 years of age or older, and have legal capacity to enter into a binding contract; (b) have not previously been suspended or removed from using our Services; (c) have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party; (d) are not located in, under the control of, or a national or resident of any Restricted Locations, or (ii) any country to which West Indies has embargoed goods or services; (e) are not identified as a “Specially Designated National;” (f) are not placed on any international Denied Persons List; and (g) will not use our Services if any applicable laws in your country prohibit you from doing so in accordance with these terms.
If you are registering to use the Services on behalf of a legal entity, you represent and warrant that (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; (ii) you are duly authorized by such legal entity to act on its behalf; (iii) the legal entity is not located in, under the control of, or headquartered in any Restricted Locations; and (iv) neither you nor your entity will use our Services if any applicable laws in your country prohibit you from doing so in accordance with these Terms.
In order to engage in any exchange transactions via the Services, you must create an Account and provide all of the required information that we request. By creating an Account, you agree to: (a) create a strong password that you do not use for any other website or online service; (b) provide accurate and truthful information; (c) maintain and promptly update your Account information; (d) maintain the security of your Account by protecting your password and restricting access to your Account; (e) promptly notify us if you discover or otherwise suspect any security breaches related to your Account; and (f) take responsibility for all activities that occur under your Account and accept all risks of any authorized or unauthorized access to your Account, to the maximum extent permitted by law.
Consent to changes
We have the right, at any time, to change or modify the terms and conditions applicable to your use of our Services, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof. This notice may be given by means including, but not limited to, updating the “Last Updated” field at the top of this document.
Other applicable terms
You shall use our Services / website for lawful purposes only. You shall not post or transmit through our Services any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without MoonX’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by You which in MoonX’s judgment restricts or inhibits any other user from using or enjoying our Services will not be permitted. You shall not use our Services to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services in competition with or which are identical with or are similar to MoonX services / website.
You shall not upload, post or otherwise make available on our Services any material protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such transgression. By submitting material to any public area of our Services, You automatically grant, or warrant that the owner of such material has expressly granted MoonX the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You hereby grant MoonX the right to edit, copy, publish and distribute any material made available on our Services by you.
The foregoing provisions are for the benefit of MoonX, its subsidiaries, affiliates and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
You represent and warrant that, on the date of registration as a User, and on the date of each and any Transaction that:
- Any information provided by you (including without limitation, KYC Information and Account Information) is complete, accurate, and not misleading in any respect;
- You are acting for yourself (in case of business users, for such entity alone) and not for any other person; and have not relied upon any other person, including us, while Transacting;
- Your name is not included in any Sanctions Lists, and/or your registration has not been suspended or terminated by us for any reason whatsoever;
- You acknowledge that any Fiat Funds transferred to us will be held with those of other Users in a separate bank account which is held with a scheduled commercial bank. No interest shall be payable on any such funds;
- You shall provide us with only such information (including without limitation KYC Information and/or Account Information) that is true and accurate and will promptly inform us of any changes or updates to the provided
- As the price of Digital Assets are very volatile and subject to fluctuation, You acknowledge that the actual market rate at which an order and/or Transaction is executed may vary;
- We may be required to suspend trading in cases of a force majeure event. You acknowledge that: (i) your access to the Services and/or your Account during such periods may be limited or restricted; and (ii) the market conditions may differ significantly, following the completion of such force majeure events.
- We do not and cannot control the underlying technology which governs the mining, creation, sale of any Digital Assets. You acknowledge the Company does not exercise any control over the market price or circulation or volatility of the Digital Assets and that the contract for sale of any of the Digital Assets shall be a strictly bipartite contract between the seller and you
Registering as a user
We provide general information on our Website, which can be accessed without registering as a User, however in order to use many of our Services, You may first be required to create an Account. We follow a multi-step process for Account Creation (as detailed in our AML & KYC Policy):
- Creation of an Account for the use of our Website, requires you to provide the entailing
- Account Information. The Account Information must be treated as confidential and should not be disclosed to any third party. Any such access by a third party shall be treated as unauthorised access. You understand that any access to the Website through your Account shall be considered as access by you, and you shall be solely responsible for any activity carried out in, by or through your Account either on the Website or any other website accessed by you through the Submission of KYC Information in order to enable your access to the Services in accordance with our AML & KYC Policy (available at MoonX). We may independently verify such information or require you to provide additional documentation/ authentication or information to verify the veracity of your credentials’.
When you create an Account, a unique cryptographic private and public key pair may be generated. The public key generated by the Website serves as your Account address and is stored along with your other Account Information on the Website. The private and public key pair that is generated may be used to authorize Transactions and in order to identify you. You must safe keep the private key, and you understand that we have no access to your private key and may not, under any circumstance, initiate a transaction using your private key on your behalf. You are also responsible for safeguarding the password that you use as a part of your Account Information to access the Services and for any activities or actions under your Account. We encourage you to use “strong” passwords preferably using a combination of upper and lower-case letters, numbers and symbols with your Account.
We will not be liable for any loss or damage arising from your failure to comply with these instruction. You acknowledge that you will irreversibly lose your Digital Assets if you delete your private key or Account. Additionally, you are also responsible for creation and maintenance of any Content uploaded from your Account. If you know or suspect that anyone other than you knows or has unauthorized access to your Account Information or any part of it, you must promptly notify us. We are not liable for any losses or other consequences of unauthorized use of your account.
Deposits, withdrawals and transfers
Deposits and Withdrawals of your Digital Assets. Where you wish to credit your Account with Digital Assets, you may transfer such number of Digital Assets from your third-party wallet to your Account, by following the procedure prescribed. However, you are not permitted to transfer, store or receive in your Account any Digital Assets which are not supported by our Website. Digital Assets successfully credited to your Account pursuant to such transfers will be electronically reflected as your Account balance will be updated to show any credits. You are permitted to withdraw any Digital Assets held in your Account at any time, subject to our stipulated withdrawal limits from time to time, provided such Digital Assets can only be transferred to another digital asset wallet (“External Wallet”). You may be required to verify that you own and operate the External Wallet before your withdrawal request is accepted.
Deposits and Withdrawals of your Fiat Funds. In case you wish to acquire Digital Assets solely using Fiat Funds, you will be first required to transfer Fiat Funds from your Linked Bank Account to your Account in order to purchase any Digital Assets. Your Account balance will be updated to electronically reflect the transfers made to it, subject to being confirmed by us, and any delays in the relevant banking channels. You expressly agree and acknowledge that banks have cut-off times, after which they will not accept same-day payment instructions. You are solely responsible for making yourself aware of, and where necessary comply with, any applicable cut off times. You may withdraw the Fiat Funds held in your Account, subject to our stipulated withdrawal limits from time to time, by making a formal request to transfer such Funds into your Linked Bank Account. Such requests can be initiated through the Website at any time. We will endeavor to settle each Withdrawal Request with all due haste, subject to any delays in the relevant banking channels. You acknowledge that Fiat Funds held in your Account can only be used to Transact in Digital Assets through the Website. Further, any sale proceeds obtained pursuant to any Transactions are also credited into your Account. You are not entitled to any interest on the Fiat Funds held in your Account.
Erroneous and Disruptive Transactions. You acknowledge that you shall not engage in any trading, practice, or conduct any Transaction on our Website that demonstrates intentional, negligent or reckless disregard for the orderly Execution of Transactions. We reserve the right to cancel any electronic request made on our Website, or the remaining portion of any Transaction, if we believe that (including without limitation): –
any such Transaction has the potential to move the market price by more than 20 % (twenty percent) in either direction, as compared to the prior prevailing market price, or is otherwise clearly disruptive to an orderly market or erroneous;
- there is any disruption or malfunction in the operation of any electronic communications, trading facilities, storage facilities, recording mechanisms, or other components of our network or integral to another Digital Asset blockchain;
- there is any other significant business disruption to our network or another Digital Asset blockchain, or we believe that the nullification of any Transaction may be necessary for the maintenance of a fair and orderly market and/or the protection of you and/or the public
You agree that any Transactions placed on the Website are for the purpose of executing bona fide transactions. You shall not place or cause to be placed a Transaction with the intent, at the time of entry, to cancel the Transaction before Execution or to modify the Transaction to avoid Execution.
Unsolicited Transfers. In the event that an unidentified third party without being directed or approved to do so by us, transfers, sends, contributes, or donates Digital Assets to an Account of any User of our Website, we will account for such Digital Assets as property of the receiving User. Such Transfers do not create a customer relationship between the sender and us and do not subject us to any obligations as it relates to the sender. However, we do not permit you to transfer, send, contribute, or donate Digital Assets to any Digital Asset address of a person who is not a User of our Website.
Trading and Orders
MoonX is a full reserve exchange. We do not support or permit margin trading, or shorting offered on MoonX platform at this time.
You must deposit Digital Assets prior to placing an order and are not permitted to place an order unless you have sufficient Digital Assets in your MoonX account to satisfy your order (all orders have to be pre-funded). When you place an order, the full amount of Digital assets required (including any fees) are placed on hold in your MoonX account until your order fills, is cancelled or expires. Any unfilled portion of your order will remain on hold until it fills, is cancelled or expires. You accept and agree that it is your singular responsibility to cancel any order (in whole or in part) that you do not desire to be filled. You understand that you may not be able to cancel an order prior to it filling (in whole or in part) and that We are not liable to you for the completion of the order after you have submitted a cancellation request. Any order that exceeds the amount of available Digital Assets in your MoonX account will be rejected. Prior to the submission of an order you are required to review the information relating to the order, including without limitation (i) the amount of Digital Assets to be bought or sold, (ii) the gross purchase price or sale proceeds of your order (iii) any charges or fees associated with your order (iv) the net proceeds to be transferred into your Digital Asset and (v) a notification which warns you that once you have placed an order it may not be susceptible to be cancelled or your action undone.
You agree and comprehend that We do not guarantee that any order placed will be filled. Orders that are active before stoppages will be active once the platform resumes operations. We reserve the right to cancel any order, or remaining portion of any partially completed order if such order was laced and/ or active during stoppages, any order triggers our marketplace controls or any order is materially not marketable. Orders may be subject to and we shall have no liability for delays, difficulties and / or conditions affecting transactions or execution of orders over which we have no control, including but not limited to system failure, mechanical or electronic failure or market congestion. We are in o way responsible for ensuring execution of such orders at the price indicated in the order. We reserve the right to require all orders to pass automated compliance checks. If your order is flagged for review by any of these checks or if it meets certain defined criteria, it may require our manual review and approval. We will endeavor to review such orders on a timely basis, but shall not be liable for any delays. In the eventuality of any doubt the order can be reviewed on our platform under the tab status. We may require you to confirm your order via telephone or any other form of authentication prior to its execution.
All filled, executed or matched (in whole or in part) orders settle immediately and are recorded on our exchange ledger.
Particularly during periods of high volume, liquidity, volatility or fast movement in the marketplace for any Digital Asset, the actual market rate at which a market order or trade is executed may be different from the prevailing rate indicated via the platform at the time of your order or trade. You understand that we are not liable for any such price fluctuations in the event of market disruption or force majeure event. We may (without limitation) suspend access to services or prevent you from completing any actions via the platform including closing any open positions. Following any such event when trading resumes you acknowledge that prevailing market rates may differ significantly from the rates available prior to such event.
If your right to access your Account and/or the Services is revoked or use of the Services is in any way prohibited, in such circumstances, you agree not to use or access the Website or use the Services in any way including refraining from Transacting. If your Account has been suspended, you will be notified when accessing the Website. We may, in our sole discretion, send written notice that your Account has been suspended and may, in our sole discretion, disclose the reasons for suspension, if permitted to do so under the Applicable Law.
Fees and taxation
Taxation. You acknowledge that you are solely responsible for payment of any taxes that may arise in connection with your use of our Services, and the same should be paid according the regulations applicable in your country / place of residence / consumption. You acknowledge that we are not responsible for any violation made by you due to your obligations under applicable tax laws. You understand that certain taxes may be applicable upon the trading of Digital Assets, and you would be required to determine your tax liability under the Applicable Laws.
Trading in digital assets has a certain level of risk, and considerable, even total, loss may be sustained/ incurred while trading in digital assets. hence, you are advised to seek financial advice to determine your financial circumstances and risk tolerance before trading. additionally, we request you to carefully consider the following risks:
- Digital assets are currently unregulated, and trading, holding and transferring any digital asset may be deemed illegal in some jurisdictions. Thus, you are encouraged to obtain appropriate legal counsel regarding the legality of dealing in digital assets before using our website;
- The value of any digital asset is very volatile, and you may sustain a total loss of your investment. further, you understand that we cannot and do not guarantee that the value of digital assets held by you in your portfolio. However, you may protect the value of your digital assets by exchanging your digital assets for fiat funds;
- The market of digital assets being in a nascent stage, you may face difficulties or impossibility in liquidating your position during a market disruption, a force majeure event, or under certain market conditions;
- Digital assets are not backed by a central bank or any other financial regulators in any country and as such there is no third party that may take any corrective action upon the occurrence of a global/regional crisis;
- Since digital assets are held online with third parties, they are susceptible to security breaches, online attacks, contractual breaches and government crackdowns. such events may end up compromising the integrity or anonymity of the system that produces such digital assets;
The above-mentioned list is not exhaustive, and many more risks are attached with trade in digital assets. You acknowledge the risky nature of such transactions and that there may be additional risks not listed or foreseen by the company.
By creating an account, you acknowledge that you have carefully assessed your financial standing and risk tolerance, and you confirm that the same is suitable for undertaking trade in digital assets. By registering on the website, you agree that you have carefully assessed your risk tolerance and you confirm that your financial standing is suitable for undertaking trade in digital assets.
No reliance on information
We do not provide any investment or financial advice; however, we may through our Website provide information regarding the practical aspects of making a Transaction and/or dealing in Digital Assets. The Content of the Website may include text, copy, audio, video, photographs, illustrations, graphics and other visuals. Such Content on our Website is given solely for informational purposes only and does not constitute professional or specialized investment advice, tips, guidelines, or recommendations of any kind. You acknowledge and agree that you Transact on our Website without reliance on any such Content and we shall not bear any liability for any loss or injury that may arise due to your reliance on any such Content. You are requested to carefully review or obtain the advice of a specialist before taking or refraining from any action on the basis of the Content provided on our Website. Some of the Content displayed is not ours, such Content is the sole responsibility of the person/entity who makes such Content available to the User. However, we have discretion to review any Content to determine whether it is illegal or violates any of our policies. Furthermore, we may remove or delete or refuse to display Content that we reasonably believe violates our policies or is illegal.
Although the information on our Website is continuously updated, we make no representations, warranties or guarantees, whether express or implied, that the Content on the Website is accurate, complete, or up-to-date. The links in this area will let you leave our Website to linked sites. The linked sites are not under the control of MoonX and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for webcasting or transmitting any other form of transmission received from any linked site. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement of the site by MoonX. Furthermore, we will not be liable for any loss or damage that may be caused or arise from the use of linked websites.
Intelectual property rights
Unless otherwise specified, the Content on the Website is the property of the Company and is protected under copyright, trademark and other applicable laws. The trademarks, service marks, logos and any other marks of the Company and others used on the Website (“Trademarks”) are the property of the Company and their respective owners;
We do not own any rights to such third party intellectual property and are bound by the license terms for such intellectual property and by virtue of these Terms, you shall also be bound by the said license terms.
You may link through the third-party to the home page of our Website, provided you link in a way that is fair, just and legal and does not damage our reputation or take advantage of it. You must not establish a link to the Website in any website that is not owned by you. Our Website must not be framed on any other website, nor may you create a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to make any use of Content on the Website other than that set out above, please contact us.
Disclaimer of warranties
The user expressly acknowledges and agrees that use of the services and the website is at such user’s sole risk. the services provided on our website are on an “as is” and “as available” basis. We try to make the best efforts to provide high quality services to all our users, but we expressly disclaim and waive all warranties and conditions of any kind, whether express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, or title or the contents of the website. The website may contain bugs, errors, problems or other limitations. thus, we assume no liability for any errors or omissions in the content on our website. All transactions made on the website may be managed in an anonymous manner, so that buyers and sellers are not acquainted with each other. the price for each transaction is calculated on the basis of actual matched transactions made by users participating in the bidding process on the website plus applicable transaction fees.
We are not responsible for the content uploaded by you on the website. We will not be held responsible for any direct or indirect damages or losses caused to you, including without limitation, lost profits, business interruption or damages, and/or other loss resulting from the reliance of any information available on the website. You are solely responsible to evaluate the accuracy, reliability, completeness and usefulness of content available on the website and is used by you.
There is no warranty that the services and/or the website will meet your requirements, or that the services or your access to the website will be uninterrupted, timely, accurate or reliable; nor do we make any warranty as to the permanent availability of any information and/or that may be stored or transferred through the services or the website offered by us.
While we endeavour to regularly update our website, we cannot guarantee that our website, and/or any content on it, will be: (a) free from errors or omissions; and/or (b) available at all times or be uninterrupted. You understand that we are under no obligation to update our website or ensure that you have permanent access to it. We may suspend, withdraw, discontinue or change all or any part of the website or our services without prior notice. We will not be liable to you including without limitation for any losses incurred due to volatility of prices of the digital assets if for any reason the website is unavailable at any time or for any period.
In the contingency that there is a defect in any software or other tools being used on our website we do not make any warranty that defects in such software will be corrected or repaired. You understand and agree that any material and/or data downloaded or otherwise obtained through use of the services or website is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from such download of such material or data. in case you store or transfer any information and/or data through the services or the website, you are strongly advised to make duplicate copies as you are solely responsible for any loss that may occur.
No advice or information, whether oral or written, obtained by you from the services or the website shall create any warranty unless expressly made herein.
Viruses, trojans, worms, ddos, etc
You will be held personally responsible for introduction of any viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful to our Website, if found that it originated from your system or access to our system. You must not attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. By breaching the provision of this Clause, you would be committing a criminal offence. It is our duty to report any such breach to the relevant and appropriate law enforcement authorities and we will co-operate with those authorities by disclosing your identity and other necessary information to them. In the event of such a breach, your right to use the Website will cease immediately.
We are not and will not be held liable for any loss or damage caused by any virus, DOS attack, DDOS attack, or other technologically harmful material or attacks that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or your downloading of any Content on it, or on any website linked to it. You should own and use your own virus protection. We cannot and do not guarantee or warrant that files available for downloading from the Website will be free of infection by viruses, worms, trojan horses or other code that manifest contaminating or destructive properties which may harm the computer.
Limitation of liability and release
To the extent allowed under the Applicable Law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any Content on it including any information or the Website itself or Services, whether express or implied. You further agree to release MoonX from liability for any and all Losses, and you shall indemnify and save and hold MoonX harmless from and against all Losses. The foregoing limitations of liability shall apply whether the alleged liability or Losses are based on contract, negligence, tort, unjust enrichment, strict liability, or any other basis, even if MoonX has been advised of or should have known of the possibility of such losses and damages, and without regard to the success or effectiveness of any other remedies.
You also agree to release and waive all claims against the Company, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to your use of the Website, its Services, Content, or your use of the Digital Assets.
Notwithstanding the aforementioned, our aggregate liability to any User of the Website in no event shall exceed or go above the fees paid to us by such User during the 2 (two) months immediately preceding the date of claim for any direct, indirect or consequential loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, including those arising under or in connection with: You may deal with your personal information available to us as follows:
- its use of, or inability to use, the Services or the delays in transmission or operation of the Website;
- its use of or reliance on any Content and/or information displayed on the Website; or
- any errors, mistakes, omissions, or deletion of files, whether or not resulting from any communication failure, theft, unauthorized access or force majeure
In case of legal entities, you specifically acknowledge that we will not be liable for:
- loss of profits, sales, business, business opportunity or revenue;
- business interruption;
- loss of anticipated savings; or
- loss of business opportunity, goodwill
You understand that any fact relating to any matter covered by this release may be found to be untrue and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or central statute or common law principle of similar effect, to the fullest extent permitted by law.
Arbitration. MoonX may, at its sole discretion, elect that a particular dispute, issue, question or claim, whether initiated by MoonX, the User or a third-party, arising out of or in connection with this contract, including any question regarding its existence, validity or termination, be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The language of Arbitration shall be English.
Electronic Communication. When you visit the Website, or send e-mails to us, you are communicating with us electronically. You also consent to receiving communications from us electronically. We will connect and communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that in case there are any changes in any information provided by you to us, including your KYC Information and/or Account Information, you will be solely responsible to update them regularly. If we choose to send any communication by e-mail, it shall be sent to your e-mail address available on the records created and given by you on the Website, and it shall be deemed to have been received by you once it is reflected as sent in the outbox of our e-mail id. We follow an opt-out policy, and you are required to communicate with us via the instructions on our Contact Us page, or within the email itself, in order stop receiving electronic communications from us.
Indemnification. To the maximum extent permissible under the Applicable Law, you hereby agree to indemnify and hold the Company, its owners, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees harmless from and against any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of or relating to: (a) your use of our Services, (b) your breach of these Terms, or (c) your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
Relationship of the Parties. Notwithstanding any provision hereof, for all purposes including without limitation Execution of any order and/or Transaction initiated by you through the Website, you and the Company shall be and act independently and not as a partner, joint venturer, agent, intermediary, broker or in any other fiduciary capacity. You shall not have any authority to assume or create any obligation (including without limitation by way of assignment, transfer, sub-contracting, etc.) for or on behalf of the Company, express or implied, and you shall not attempt to bind us to any contract.
Succession. In the event that MoonX, or part thereof, is acquired by or merged with a third-party entity, we reserve the right to transfer or assign the rights, obligations and/or information we have collected from you as part of such merger, acquisition, sale, or other change of control.