PLEASE READ ALL THE TERMS AND CONDITIONS GIVEN ON THIS PAGE AS THEY REGULATE THE USE OF NIGEX SERVICES BY YOU. A BINDING ARBITRATION PROCESS WILL BE FOLLOWED TO RESOLVE ALL THE CLAIMS FROM YOUR SIDE.
THE RULES AND REGULATIONS OF ARBITRATION PROVISION ARE PRESCRIBED IN SECTION "RESOLVING DISPUTES: FORUM, ARBITRATION, CLASS ACTION WAIVER, GOVERNING LAW" LATER IN THIS T&C.
YOU MUST COMPLETELY AGREE AND ADHERE THAT
(1) YOU UNDERSTAND THE RISK ASSOCIATED TRADING IN VIRTUAL CURRENCIES
(2) YOU ARE ALSO AWARE OF THE USE OF NIGEX SERVICES AND ALL RISKS ASSOCIATED WITH TRANSACTING IN INTERNET CURRENCIES.
(3) YOU CLEARLY UNDERSTAND THAT NIGEX DO NOT TAKE ANY SORT OF RESPONSIBILITY FOR ANY SUCH RISKS OR ADVERSE OUTCOMES (FINANCIAL, LEGAL PERSONAL, ETC.) FACED BY YOU WHILE DEALING WITH DIGITAL ASSETS.
BY ACCESSING, TRYING TO ATTEMPT OR USING NIGEX SERVICES IN ANY CAPACITY, YOU ACCEDE THAT YOU WILL BE GOVERNED BY THE NIGEX TERMS AND CONDITIONS GIVEN HERE. YOU MUST COMPLETELY AGREE THAT YOU WILL BE BOUND BY THESE TERMS, OTHERWISE STOP USING NIGEX EXCHANGE OR ANY OF ITS RELATED SERVICES FROM IMMEDIATE EFFECT.
By accepting the Nigex Terms, you acknowledge and accept that:
Be accessing or using our services in any capacity; you must ensure that you are not associated with any trade or economic sanctions lists like the UN Security Council Sanctions List. We hold complete right over marketing our markets or jurisdictions where we can operate legally and also restrict our services in certain regions at our sole discretion.
Nigex offers a reliable online cryptocurrency exchange (digital asset trading platform) for easy and seamless trade or exchange of crypto products, popularly known as crypto tokens as well as digital currencies. Through Nigex, you can trade or exchange n number of popular cryptocurrencies like BTC, TTN, LTC, DASH, etc. easily. As of now, Nigex is offering fiat trading facilities. We also do not operate as a market today as we are in the development stage.
Nigex and our whole exchange team are committed to protect or safeguard the privacy of our user's private information. Although, when it comes to the accuracy of information posted along with our services, we cannot guarantee the accuracy, reliability, completeness, performance or suitability of the same and will also not be responsible for any personal or financial damage caused to you due to usage of such content from our platform. The information posted along with our services will also be updated from time to time without any prior notice to you as the primary purpose behind such information is to increase the knowledge base or understanding of site users related to crypto-assets so that they can make independent decisions.
Nigex also does not operate as an advisory business or wealth management service company; hence, it holds nil liability against the use or misinterpretation of information, given with our services by you or site visitors. All users of our services by you must be done with the clear understanding that trading in digital assets or currencies carries a certain amount of financial risk or loss of money. We encourage users to take full safety or precautionary steps before exercising or engaging in digital trading currencies from our platform.
Once your registration is done, you must also ensure that all information provided from your end is truthful and will also update it regularly to keep it relevant. Nigex holds the complete for rights to send you a legal notice in case we find out the information provided from your end is untruthful, wrong, incomplete or outdated. Nigex will terminate all or part of its services for your specific account, in case, found a fraudulent behaviour from your side or submission of wrong information. You hereby also agree that you are obliged to provide relevant information and keep it up to date if the change is required.
BY REGISTERING OR CREATING YOUR ACCOUNT WITH NIGEX YOU PROVIDE YOUR CONSENT AND ACKNOWLEDGEMENT TO US TO MAKE INQUIRIES DIRECTLY, INDIRECTLY OR VIA THIRD PARTIES TO CONFIRM OR VERIFY YOUR IDENTIFY AND PROTECT YOU OR YOUR PERSONAL INFORMATION FROM ANY OF THE FINANCIAL FRAUD OR OTHER CRIMES. YOU ALSO AGREE THAT NIGEX CAN TAKE REASONABLE ACTIONS TO PROTECT YOU FROM ANY KIND OF FINANCIAL FRAUD. NIGEX WILL ALSO BE AUTHORIZED FROM YOUR END TO DISCLOSE YOUR PERSONAL DATA WITH FINANCIAL CRIME AGENCIES OR ANY OTHER FRAUD PREVENTION AGENCIES TO PROTECT YOU FROM ANY KIND OF FRAUD.
The accounts enrolled on the Nigex platform must only be used by the persons whose name they are registered under. Nigex has the complete authority to freeze, suspend or cancel any accounts if they are used by other persons leaving the ones whose names are registered with such accounts. Nigex will also frequently update you about the unauthorized or unrecognized use of your account (its user id or password) by someone from an unknown location or device. Any loss or damage (whether personal or financial) arising out an unauthorized usage of your account will only be born by you. Nigex will not be responsible for such loss or damage in any manner.
Nigex follows and implies very strict industry security standards or policies to protect or safeguard the safety of user funds who have entrusted us with the same. Although, the individual actions carried out by certain account holders do carry some risk related to user fund safety. You hereby agree that you will not disclose your confidential account information like account password or username with anyone, including any third-party. You also agree that you, along with Nigex, will also be responsible for safeguarding or protecting your account or personal information by taking necessary safety precautions.
You will also be responsible for the activities carried out under your Nigex account along with safeguarding it. Any loss or damage arising out of illegal activities carried out on your account will be borne by you only. Nigex, in any manner, will not be held responsible for any loss or consequences due to the unauthorized or illegal usage of your account, which include activities like, but not limited to financial information posting, information disclosure, etc.
Any feedback, ideas, suggestions or other information received by Nigex regarding its Services from your or other users via email, through the website or other sources will be owned by Nigex thereafter. Nigex has the sole right, interest or authority to the interest that Feedback, together with other intellectual property rights. You or any other user will not be authorized or permitted to claim compensation or ownership against any Feedback or made any modifications in it.
When you use the Services you agree and covenant to observe the following:
By accessing the Service, you agree that Nigex shall have the right to investigate any violation of these Terms, unilaterally determine whether you have violated these Terms, and take actions to apply relevant rules without receiving your consent or giving prior notice to you.
By accessing or using our Service, you give your consent or acknowledgement that Nigex has every right to investigate the violation of any of the Terms given here from your side and if found positive take appropriate action against you without receiving your consent or giving prior notice to you.
Examples of appropriate actions taken from our side include:
Using Our Services, when you put an instruction to place an order (“trading activity”), your Account balance will get updated automatically reflecting your order and this order will be stored in Nigex order book to match it with orders made by other users. If a particular part or portion of your order matches with any of the orders placed by other users, our Services will execute an exchange (“trade”). Once the trade is completed, your Account will be updated to confirm that your order has been closed successfully or executed properly. If the trade is not executed successfully or the order has not been cancelled, the order will remain open in your Account. To execute a Trade, you have to authorize Nigex to have temporary ownership or control over your digital currency that you are trying to dispose of in your trade.
You can also cancel your order placed via our Services if your order has not been matched with the order from another person. Although if your order has been matched with the order of another person, you can not change, cancel or withdraw such order or restrict Nigex from completing your order. In case of partial matching of your order, you are allowed to cancel the remaining unmatched portion of your order. Nigex also holds complete control or rights over cancellations of your order or any cancellation request received from your side. In case of not having sufficient funds (“Digital Currency”) in your Account or Wallet, Nigex also reserves the right to cancel your entire order or may complete only partial order depending upon the Digital currency available in your account.
You should agree to pay the Nigex fees given on https://nigex.io/fees page, which will be updated regularly as per the market conditions. The updated fees will automatically get applied to all trades placed following the effective date of such fee updation.
Margin trading and Futures carry high risk with them. Being a Margin Trader, you understand or accept that you will bear all the risks associated with margin trading and borrowing services on your own:
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES, THE Nigex MATERIALS AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF Nigex ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AND Nigex EXPRESSLY DISCLAIMS, AND YOU WAIVE, ANY AND ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE.
WITHOUT LIMITING THE FOREGOING, Nigex DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SERVICES OR Nigex MATERIALS
ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Nigex DOES NOT GUARANTEE THAT ANY ORDER WILL BE EXECUTED, ACCEPTED, RECORDED OR REMAIN OPEN.
EXCEPT FOR THE EXPRESS STATEMENTS SET FORTH IN THIS AGREEMENT,
YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR UNDERSTANDING, WHETHER WRITTEN OR ORAL,
WITH RESPECT TO YOUR USE AND ACCESS OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE
THAT Nigex WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO:
(A) ANY INACCURACY, DEFECT OR OMISSION OF DIGITAL CURRENCY PRICE DATA,
(B) ANY ERROR OR DELAY IN THE TRANSMISSION OF SUCH DATA,
(C) INTERRUPTION IN ANY SUCH DATA AND
(D)ANY DAMAGES INCURRED BY ANOTHER USER’S ACTIONS, OMISSIONS OR VIOLATION OF THIS AGREEMENT.
THE DISCLAIMER OF IMPLIED WARRANTIES CONTAINED HEREIN MAY NOT APPLY IF AND TO THE EXTENT IT IS PROHIBITED BY APPLICABLE LAW OF THE JURISDICTION IN WHICH YOU RESIDE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Nigex, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS OR OTHER BUSINESS OR FINANCIAL BENEFIT) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF Nigex AND ITS AFFILIATES, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF Nigex HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF Nigex’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE LIABILITY OF Nigex, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OF OR IN CONNECTION THE SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF Nigex OR ITS AFFILIATES WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY, EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO Nigex UNDER THIS AGREEMENT IN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
From time to time, Nigex will also make official announcements, publish news, promote its products or do airdrops, which will be listed or available on the official announcement page (https://support.nigex.io/news). Nigex, in any manner, will not be held responsible for any personal or financial losses faced by you due to the ignorance or negligence of the news or announcements on the site.
Nigex is not liable to give any piece of advice related to your crypto trade. It is not working as an intermediary, broker, agent or advisory in regards to any of your trades and other decisions related to using the services. Any piece of information available on the Nigex platform shall not be considered as investment advice, trading advice or financial advice on behalf of Nigex. Each and every trade is automatically executed depending upon your order specifications, instructions and the execution policies monitoring the trade. The trader himself is liable for the investment choices made by him focused on his personal future objectives, risk tolerance and its financial circumstances in the market. It is highly recommended to have discussions with your concerned tax professionals or legal advisors related to the trade you are indulged in to avoid future discrepancies on your part. It is never recommended by Nigex to trade (buy, sell or switch) in Digital Currencies as they are exposed to risks apart from being profitable. One should take deep scrutiny, consult with the financial advisor just to reassure that it is a sound investment. Nigex is not responsible for any of your personal decision based on the crypto investment.
The trader indulged in crypto trade from Nigex platform must strictly adhere to the laws with regards to using the services of Nigex. It is highly recommended to determine parameters of taxation, collection, withholdings and remittance to the concerned tax officials. Traders on Nigex and its registered services declare that they are prompt with their funds coming from a legitimate source and there is no involvement of illegal activities. Nigex is well-bridged by means of constant cooperation with law enforcement authorities. The platform has full eligibility to freeze, seize or even terminate the funds or accounts of traders who have broken the local laws or are under legal custody.
PLEASE CAREFULLY READ ALL THE POINTS HIGHLIGHTED IN THIS PARTICULAR SECTION AS IT SHED LIGHT ON WAIVER OF CERTAIN RIGHTS TO BRING LEGAL PROCEEDINGS.
Before putting any dispute claim, please contact Nigex first. Nigex, in any situation, is ready to resolve all your queries or concerns without being getting stretched into formal legal proceedings. Before filing a legal claim, you acknowledge or agree that you are ready to settle your dispute informally by contacting Nigex first via https://support.nigex.io/sendtickets
You and Nigex, both are ready to resolve any claims concerning this Agreement (including any doubts or queries regarding the existence, validity, termination or any products/services delivered by Nigex) through a final & binding arbitration, except the Exceptions to Agreement given below in subsection (d). You will first provide an opportunity to us (“Nigex”) to settle any of your claims by contacting us via the link address given above in section (a). If we are not able to provide resolution to your queries or grievances within 90 days, you can further proceed for formal legal proceedings for getting relief to settling your claims.
You or Nigex both have equal rights to file a dispute (after putting a fair amount of effort to resolve the same dispute as per the guidelines given in subsection (a) and (b) above) for final, binding arbitration according to the arbitration rules of the Nigieria India or Armenia . The arbitration process should be headed by a sole arbitrator who will be appointed by the authority . The language that will be followed for arbitration hearings would be English, and the legal place for arbitration would be Nigieria India or Armenia .
If the claim falls within the jurisdiction of Nigieria India or Armenia, then both parties (you and Nigex) have the option to choose it or can seek for urgent equitable relief in other courts of competent jurisdiction. Although if the claims fall outside the scope of These countries, then such claims will be finally referred to Nigerian or Indian arbitration for final resolution as per the comfortablity approach of Nigex board members.
In order to initiate an arbitration proceeding, you must send a letter highlighting your claims or arbitration request to Nigex at its official address. if we seek arbitration against you, we will send you a notice on your official email address or street address provided by you during registration.
This agreement will be duly governed or supervised under the law of Nigeria, Armenia and India, except for its conflicts of law principles. As there may be regulations for crypto trading are under process in countries of operations of business of Nigex, Nigex shall abibe the law of the same country and follow the directions given by enforcement agencies.
With respect to this Agreement, Nigex is an independent contractor, not a third-party agent of you in association with these Terms. This Agreement should not take as evidence for an association, partnership, joint venture or franchise between the parties involved.
Nigex, in any manner, would not be responsible for failure or delay to perform the actions required by these Terms due to any condition or clause that is beyond Nigex reasonable control.
If any of the terms givens in this Agreement stands as invalid or unenforceable, then such invalidity would not be applicable to other parts or portions of these Terms. The other terms will remain effective in their full force; only the unenforceable portion will be given attention to the maximum extent possible.
You cannot transfer or assign some or any of your rights related to the use of Services given under these Terms without sending a prior (written) permission request to us, including by operation of Law. Nigex holds the right to transfer or assign some or all of its rights given under these Terms, in some or whole part, without prior notice or seeking consent or approval from you.
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