WIKIEX provides you with a simple and convenient way to trade one type of digital asset for another type of digital asset. WIKIEX provides you with a platform that matches your trades with open orders from other users of our services at your direction. Users are not able to predetermine a trade with a particular user or with a particular account. Additionally, an order may be partially filled or may be filled by multiple matching orders.
Eligibility and Acceptable Use
You must meet certain eligibility criteria to use WIKIEX. For instance, you must be an adult and there are certain locations from which you may not be able to use some or all of WIKIEX. Additionally, there are certain things you cannot do when using WIKIEX, such as engage in illegal activities, lie, or do anything that would cause damage to our services or systems. Please see the acceptable use section for more details.
Engaging in trades may be risky, especially if you use sophisticated trading options. Please do not use WIKIEX or any of the trading options if you do not understand these risks.
Other Important Legal Terms
- 1.1. WIKIEX may not make the Services available in all markets and jurisdictions, and may restrict or prohibit use of the Services from certain jurisdictions (“Restricted Locations”).
- 1.2. You further represent and warrant that you: (a) are at least 18 years old; (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) using our platform in your own name and for your own benefit; (e) are not located in, under the jurisdiction of, or a national or resident of any Restricted Locations; and (f) will not use our Services if any applicable laws in your country prohibit you from doing so in accordance with these Terms.
- 1.3. Additionally, by agreeing to this terms you certify that you pursue participation in blockchain-based networks as a part of your professional activity.
2. WIKIEX Account
- 2.1. Number of WIKIEX Accounts. WIKIEX may, in its sole discretion, limit the number of WIKIEX Accounts that you may hold, maintain or acquire.
- 2.2. WIKIEX Account information and security. In order to engage in any trades via the Services, you must create a WIKIEX Account and provide any requested information. When you create a WIKIEX 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 WIKIEX Account information; (d) maintain the security of your WIKIEX Account by protecting your password and restricting access to your WIKIEX Account; (e) promptly notify us if you discover or otherwise suspect any security breaches related to your WIKIEX Account; and (f) take responsibility for all activities that occur under your WIKIEX Account and accept all risks of any authorized or unauthorized access to your WIKIEX Account, to the maximum extent permitted by law.
4. General Obligations
This Section 5 applies to: (i) all trades completed via the Services, (ii) your purchase and/or sale of Digital Assets directly from WIKIEX via the Services, and (iii) any transaction in which you load Funds into your WIKIEX Account from your External Account or push Funds from your WIKIEX Account into an External Account.
- 4.1. Conditions and Restrictions. We may, at any time and in our sole discretion, refuse any trade submitted via the Services, impose limits on the trade amount permitted via the Services or impose any other conditions or restrictions upon your use of the Services without prior notice. For example, we may limit the number of open orders that you may establish via the Services or we may restrict trades from certain locations.
- 4.2. Accuracy of Information. You must provide any information required when creating a WIKIEX Account or when prompted by any screen displayed within the Services. You represent and warrant that any information you provide via the Services is accurate and complete.
- 4.3. Cancellations. You may only cancel an order initiated via the Services if such cancellation occurs before WIKIEX executes the transaction. Once your order has been executed, you may not change, withdraw or cancel your authorization for WIKIEX to complete such transaction. If an order has been partially filled, you may cancel the unfilled remainder unless the order relates to a market trade. We reserve the right to refuse any cancellation request associated with a market order once you have submitted such order. In contrast to exchange orders, all trades are irreversible once initiated. While we may, at our sole discretion, reverse a trade under certain extraordinary conditions, a customer does not have a right to a reversal of a trade.
- 4.4. Taxes. It is your responsibility to determine what, if any, taxes apply to the trades you complete via the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that WIKIEX is not responsible for determining whether taxes apply to your trades or for collecting, reporting, withholding or remitting any taxes arising from any trades.
5. Risk Disclosure
- 5.1. Trading risks. You acknowledge and agree that you shall access and use the Services at your own risk. The risk of loss in trading Digital Asset pairs and Digital Asset and Legal Tender pairs can be substantial. You should, therefore, carefully consider whether such trading is suitable for you in light of your circumstances and financial resources. You should be aware of the following points:
All Digital Asset positions involve risk, and a “spread” position may not be less risky than an outright “long” or “short” position.
All of the points noted above apply to all digital asset pair and digital asset and legal tender pair trading. This brief statement cannot, of course, disclose all the risks and other aspects associated with these trades.
- 5.2. Internet transmission risks. You acknowledge that there are risks associated with utilizing an Internet-based trading system including, but not limited to, the failure of hardware, software, and Internet connections. You acknowledge that WIKIEX shall not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when trading via the Services, howsoever caused.
- 6.1. Amount of Fees. You agree to pay the fees for trades completed via our Services (“Fees”) as made available via the Fees and Limits, which we may change from time to time. Changes to the Fee Schedule are effective as of the effective date indicated in the posting of the revised Fee Schedule to the Services, and will apply prospectively to any trades that take place following the effective date of such revised Fee Schedule.
- 6.2. Third-Party Fees. In addition to the Fees, your External Account may impose fees in connection with your use of your designated External Account via the Services. Any fees imposed by your External Account provider will not be reflected on the transaction screens containing information regarding applicable Fees. You are solely responsible for paying any fees imposed by an External Account provider.
- 6.3. Payment of Fees. You authorize us, or our designated payment processor, to charge or deduct your WIKIEX Account Funds for any applicable Fees owed in connection with trades you complete via the Services.
7. Acceptable Use
- 7.1. When accessing or using the Services, you agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while using our Services. Without limiting the generality of the foregoing, you agree that you will not:
Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;
Use our Services to pay for, support or otherwise engage in any illegal gambling activities; fraud; money-laundering; or terrorist activities; or other illegal activities;
Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or to extract data;
Use or attempt to use another user’s account without authorization;
Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorized to access;
Develop any third-party applications that interact with our Services without our prior written consent;
Provide false, inaccurate, or misleading information;
Encourage or induce any third party to engage in any of the activities prohibited under this Section.
We will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, and ideas or other information or materials regarding WIKIEX or our Services that you provide, whether by email, posting through our Services or otherwise (“Feedback”). Any Feedback you submit is non-confidential and shall become the sole property of WIKIEX. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the Feedback (including any copyrights). Do not send us Feedback if you expect to be paid or want to continue to own or claim rights in them; your idea might be great, but we may have already had the same or a similar idea and we do not want disputes. We also have the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right to remove any posting you make on our website if, in our opinion, your post does not comply with the content standards set out in this section.
9. Copyrights and Other Intellectual Property Rights
- 9.1. Unless otherwise indicated by us, all copyright and other intellectual property rights in all content and other materials contained on our website or provided in connection with the Services, including, without limitation, the WIKIEX or WIKIEX logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “WIKIEX Materials”) are the proprietary property of WIKIEX or our licensors or suppliers and are protected by international copyright laws and other intellectual property rights laws.
- 9.2. We hereby grant you a limited, nonexclusive and non-sublicensable license to access and use the WIKIEX Materials for your personal or internal business use. Such license is subject to these Terms and does not permit (a) any resale of the WIKIEX Materials; (b) the distribution, public performance or public display of any WIKIEX Materials; (c) modifying or otherwise making any derivative uses of the WIKIEX Materials, or any portion thereof; or (d) any use of the WIKIEX Materials other than for their intended purposes. The license granted under this Section will automatically terminate if we suspend or terminate your access to the Services.
10. Third-Party Content
In using our Services, you may view content provided by third parties, including links to web pages of such parties, including but not limited to Facebook and Twitter links (“Third-Party Content”). We do not control, endorse or adopt any Third-Party Content and shall have no responsibility for Third-Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. In addition, your business dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of Third-Party Content, and your interactions with third parties, is at your own risk.
11. Suspension; Termination
In the event of any Force Majeure Event (as defined in Section 22.5), breach of this agreement, or any other event that would make provision of the Services commercially unreasonable for WIKIEX, we may, in our discretion and without liability to you, with or without prior notice, suspend your access to all or a portion of our Services. We may terminate your access to the Services in our sole discretion, immediately and without prior notice, and delete or deactivate your WIKIEX Account and all related information and files in such account without liability to you, including, for instance, in the event that you breach any term of these Terms. In the event of termination, WIKIEX will return any Funds stored in your WIKIEX Account not otherwise owed to WIKIEX, unless WIKIEX believes you have committed fraud, negligence or other misconduct.
12. Discontinuance of Services
We may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.
13. Disclaimer of Warranties
- 13.1. Except as expressly provided to the contrary in a writing by us, our services are provided on an “As is” and “As available” basis. We expressly disclaim, and you waive, all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to our services, including the information, content and materials contained therein.
- 13.2. You acknowledge that information you store or transfer through our services may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, including software failures, protocol changes by third party providers, internet outages, force majeure event or other disasters including third party DDOS attacks, scheduled or unscheduled maintenance, or other causes either within or outside our control. You are solely responsible for backing up and maintaining duplicate copies of any information you store or transfer through our services.
Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumer, so some or all of the disclaimers in this section may not apply to you.
14. Limitation of Liability
You agree to defend, indemnify and hold harmless WIKIEX (and each of our officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneysâ€™ fees, arising out or relating to (a) your use of, or conduct in connection with, our Services; (b) any Feedback you provide; (c) your violation of these Terms; or (d) your violation of any rights of any other person or entity. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we wish to settle it.
16. Applicable Law; Arbitration
Please read the following paragraph carefully because it requires you to arbitrate disputes with us and it limits the manner in which you can seek relief.
You and WIKIEX agree to arbitrate any dispute arising from these Terms or your use of the Services, except for disputes in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and WIKIEX agree to notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to WIKIEX shall be sent to firstname.lastname@example.org. You and WIKIEX further agree: (a) to attempt informal resolution prior to any demand for arbitration; (b) that arbitration will occur in the Singapore International Arbitration Centre (SIAC); (c) that arbitration will be conducted confidentially. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by these Terms and the laws of Singapore, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and WIKIEX will not commence against the other a class action, class arbitration or representative action or proceeding.
- 17.1. Entire Agreement; Order of Precedence.
These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Services. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with WIKIEX for the Services or for any other WIKIEX product or service or otherwise. In the event of any conflict between these Terms and any other agreement you may have with WIKIEX, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement.
- 17.2. Amendment.
We reserve the right to make changes or modifications to these Terms from time to time, in our sole discretion. If we make changes to these Terms, we will provide you with notice of such changes, such as by sending an email, providing notice on the homepage of the Site and/or by posting the amended Terms via the applicable WIKIEX websites and mobile applications and updating the “Last Updated” date at the top of these Terms. The amended Terms will be deemed effective immediately upon posting for any new users of the Services. In all other cases, the amended Terms will become effective for preexisting users upon the earlier of either: (i) the date users click or press a button to accept such changes, or (ii) continued use of our Services 30 days after WIKIEX provides notice of such changes. Any amended Terms will apply prospectively to use of the Services after such changes become effective. If you do not agree to any amended Terms, you must discontinue using our Services and contact us to terminate your account.
Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.
- 17.4. Severability.
The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
- 17.5. Force Majeure Events.
WIKIEX shall not be liable for (1) any inaccuracy, error, delay in, or omission of (i) any information, or (ii) the transmission or delivery of information; (2) any loss or damage arising from any event beyond WIKIEX’s reasonable control, including but not limited to flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction or any other cause beyond WIKIEX’s reasonable control (each, a “Force Majeure Event”).
- 17.6. Assignment.
You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from WIKIEX, including by operation of law or in connection with any change of control. WIKIEX may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
- 17.7. Headings.
Headings of sections are for convenience only and shall not be used to limit or construe such sections.
- 17.8. Survival.
Sections 1 (Eligibility), Section 2 (WIKIEX Account), 5 (Risk Disclosure), 6 (Fees), 8 (Feedback), 9 (Copyrights), 10 (Third-Party Content), 13 (Disclaimer of Warranties), 14 (Limitation of Liability); 15 (Indemnity), 16 (Applicable Law; Arbitration) and this Section 17(Miscellaneous) shall survive any termination or expiration of these Terms.