Common use of THE COMPANY’S RIGHTS AND RESPONSIBILITIES Clause in Contracts

THE COMPANY’S RIGHTS AND RESPONSIBILITIES. 6.1. The Customer acknowledges that the Company has the following rights: 6.1.1. To reject, cancel, delete and/or adjust any exchange and/or trading order and/or transaction that the Customer may place; 6.1.2. To block any Customer’s Account; 6.1.3. To provide the Account(s) with any transactions deemed necessary by the Company for the proper provision of Services under this Agreement; 6.1.4. To restrict access to, impose limits on, suspend, stop or cancel use of the Exchange Platform (including, without limitation, discontinuing the Customer’s use of the API), either generally or of particular Assets, transactions and/or customers, or to discontinue transmission of any and/or all information; 6.1.5. The Company may refuse to facilitate and/or proceed with any transaction and/or refuse access to the Trading Room and/or Exchange Platform, at the Company sole discretion, as a result of any of the following: 6.1.5.1. Full or partial failure of the Website and/or Exchange Platform, including failure of the technology and/or any of the communications channels linked to the Website and/or Exchange Platform and the Customer and/or any of the counterparties, or any other circumstance which is deemed impractical to use the Website and Exchange Platform; 6.1.5.2. A breach of security of the Website and/or Exchange Platform; 6.1.5.3. Extraordinary situations, including but not limited to incorrect execution of orders by the Exchange Platform; 6.1.5.4. A material breach by the Customer of obligations under this Agreement and/or any other agreement with the Company; 6.1.5.5. Non-compliance by the Customer with any applicable laws; 6.1.5.6. Market conditions generally and/or conditions affecting a particular Asset and/or relevant derivative(s) (at the Company sole discretion); 6.1.5.7. Absence of liquidity. Any such action(s) taken by the Company, in accordance with this section, shall continue for such time period, as the Company reasonable determines it to be necessary; 6.1.5.8. The Customer sets trading orders with prices that, on Company’s opinion, are much lower or much higher than market prices. Such actions are treated by the Company as a fraudulent actions; 6.2. For the purposes of mitigating and managing the potential Money laundering and terrorism financing risks, faced by the Company, without derogating from the Company rights, as expressly stipulated above, the Company reserves the right, in its sole discretion, to block Customer’s Trading Room and/or any Customer’s Account and prohibit any activity including but not limited to withdrawals, for the period defined by the Company, in its sole discretion, required for the performance of the internal investigation, but not less than 180 days, providing that the Company has reasonable suspicious that the Customer’s activity (i) does not comply with the Services provided by the Company and the terms of this Agreement, and/or (ii) is fraudulent, and/or (iii) is in breach with the law, present Agreement and/or the Company’s AML&KYC policy; 6.3. In order for the Company to show prices with the speed associated with speculative trading, the Company may have to rely on available price that may later prove to be incorrect. In such a case, the Company may cancel or adjust the trade on the Customer’s Account, but shall do so within reasonable time and shall provide the Customer with a full explanation for actions taken. 6.4. The Company shall have at its sole discretion, control over and the right to modify the functionality of the price feeds, configurations and content, including but not limited to: 6.4.1. The parameter and protocols, by which the trades/transactions are placed, routed, matched and/or otherwise processed by the Exchange Platform; 6.4.2. The availability of the particular Asset through the Exchange Platform, at any particular time and/or location; 6.5. In case of any dispute arisen, the Company reserves the right to request a third parties for advice and/or conducting respective investigation, expertise and/or analysis, including without limitation a possible fee charge(s), whereby, the Company shall retain the right to apply such costs to the Customer, with respect to the provisions of this Agreement; 6.6. The Company will make all possible endeavors to execute trades/transactions requested by the Customer. The Customer hereby understands that the Company is unable to guarantee the execution of the Customer’s orders and/or requests and that the Customer will not hold the Company liable for any failure in the execution process; 6.7. To the extent permitted by law, the Company shall not be held responsible for any damages, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, indirect or consequential loss, unless the loss suffered is caused by a breach of this Agreement by the Company; 6.8. The Company shall not be held responsible for any malfunction, breakdown, delay or interruption of the Internet connection and/or any other reason related to the possible unavailability of the Website, at any given time; 6.9. The Company shall not be held responsible for any delay in the processing of payments, made by the fault of any third parties (operators) of such transactions; 6.10. In case of changes in the legislation of a particular country, the consequences of which are stricter regulation of a Virtual Currency presented on the Exchange Platform, the Company may restrict trading on a certain pair with such a Virtual Currency for Customers who are subject to such changes in legislation. In such a case the Customer will only be able to withdraw the limited for trading Virtual Currency to an external address. 6.11. In the case of fraud, the Company undertakes to report all the necessary information, including names, addresses and all other requested information, to the relevant authorities dealing with fraud and breaches of the legislation. The Customer realizes that the Account(s) may be frozen, at any time, at the request of any competent authority investigating a fraud or any other illegal activity.

Appears in 1 contract

Samples: Customer Agreement

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THE COMPANY’S RIGHTS AND RESPONSIBILITIES. 6.1. The Customer acknowledges that the Company has the following rights: 6.1.1. To reject, cancel, delete and/or adjust any exchange and/or trading order and/or transaction that the Customer may place; 6.1.2. To block any Customer’s Account; 6.1.3. To provide the Account(s) with any transactions deemed necessary by the Company for the proper provision of Services under this Agreement; 6.1.4. To restrict access to, impose limits on, suspend, stop or cancel use of the Exchange Platform (including, without limitation, discontinuing the Customer’s use of the API), ) either generally or of particular Assets, transactions and/or customers, or to discontinue transmission of any and/or all information; 6.1.5. The Company may refuse to facilitate and/or proceed with any transaction and/or refuse access to the Trading Room and/or Exchange Platform, at the Company sole discretion, as a result of any of the following: 6.1.5.1. Full or partial failure of the Website and/or Exchange Platform, including failure of the technology and/or any of the communications channels linked to the Website and/or Exchange Platform and the Customer and/or any of the counterparties, or any other circumstance which is deemed impractical to use the Website and Exchange Platform; 6.1.5.2. A breach of security of the Website and/or Exchange Platform; 6.1.5.3. Extraordinary situations, including but not limited to incorrect execution of orders by the Exchange Platform; 6.1.5.4. A material breach by the Customer of obligations under this Agreement and/or any other agreement with the Company; 6.1.5.5. Non-compliance by the Customer with any applicable laws; 6.1.5.6. Market conditions generally and/or conditions affecting a particular Asset and/or relevant derivative(s) (at the Company sole discretion); 6.1.5.7. Absence of liquidity. Any such action(s) taken by the Company, in accordance with this section, shall continue for such time period, as the Company reasonable determines it to be necessary; 6.1.5.8. The Customer sets trading orders with prices that, on Company’s opinion, are much lower or much higher than market prices. Such actions are treated by the Company as a fraudulent actions; 6.2. For the purposes of mitigating and managing the potential Money laundering and terrorism financing risks, faced by the Company, without derogating from the Company rights, as expressly stipulated above, the Company reserves the right, in its sole discretion, to block Customer’s Trading Room and/or any Customer’s Account and prohibit any activity including but not limited to withdrawals, for the period defined by the Company, in its sole discretion, required for the performance of the internal investigation, but not less than 180 days, providing that the Company has reasonable suspicious that the Customer’s activity (i) does not comply with the Services provided by the Company and the terms of this Agreement, and/or (ii) is fraudulent, and/or (iii) is in breach with the law, present Agreement and/or the CompanyCompany ’s AML&KYC policy; 6.3. In order for the Company to show prices with the speed associated with speculative trading, the Company may have to rely on available price that may later prove to be incorrect. In such a case, the Company may cancel or adjust the trade on the Customer’s Account, but shall do so within reasonable time and shall provide the Customer with a full explanation for actions taken. 6.4. The Company shall have at its sole discretion, control over and the right to modify the functionality of the price feeds, configurations and content, including but not limited to: 6.4.1. The parameter and protocols, by which the trades/transactions are placed, routed, matched and/or otherwise processed by the Exchange Platform; 6.4.2. The availability of the particular Asset through the Exchange Platform, at any particular time and/or location; 6.5. In case of any dispute arisen, the Company reserves the right to request a third parties for advice and/or conducting respective investigation, expertise and/or analysis, including without limitation a possible fee charge(s), whereby, the Company shall retain the right to apply such costs to the Customer, with respect to the provisions of this Agreement; 6.6. The Company will make all possible endeavors to execute trades/transactions requested by the Customer. The Customer hereby understands that the Company is unable to guarantee the execution of the Customer’s orders and/or requests and that the Customer will not hold the Company liable for any failure in the execution process; 6.7. To the extent permitted by law, the Company shall not be held responsible for any damages, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, indirect or consequential loss, unless the loss suffered is caused by a breach of this Agreement by the Company; 6.8. The Company shall not be held responsible for any malfunction, breakdown, delay or interruption of the Internet connection and/or any other reason related to the possible unavailability of the Website, at any given time; 6.9. The Company shall not be held responsible for any delay in the processing of payments, made by the fault of any third parties (operators) of such transactions; 6.10. In case of changes in the legislation of a particular country, the consequences of which are stricter regulation of a Virtual Currency presented on the Exchange Platform, the Company may restrict trading on a certain pair with such a Virtual Currency for Customers who are subject to such changes in legislation. In such a case the Customer will only be able to withdraw the limited for trading Virtual Currency to an external address. 6.11. In the case of fraud, the Company undertakes to report all the necessary information, including names, addresses and all other requested information, to the relevant authorities dealing with fraud and breaches of the legislation. The Customer realizes that the Account(s) may be frozen, at any time, at the request of any competent authority investigating a fraud or any other illegal activity. 6.12. The Company has the right to close a ny Customer’s account in case of one of the following circumstances: – the Customer has not entered his account for more than 6 months in a row; – the Customer has not passed verification at least for the first level for more than 6 months in a row from the moment of creation of account; 6.13. All Assets held on account on the moment of closing will be withdrawn to Company’s separate account and You hereby provide your consent for such Company ’s actions. Customer has a right to request returning of Assets withdrawn according to this clause by providing application to this xxxxx://xxxxxxxx.xx/bug-bounty.html link. The Customer will have to provide information and documents on Company ’s request in order to confirm his identity and ownership of Assets. The Company has a right to refuse the person in returning Assets in case if the person cannot confirm that it has been Company ’s Customer and that the withdrawn Assets belong to him;

Appears in 1 contract

Samples: Customer Agreement

THE COMPANY’S RIGHTS AND RESPONSIBILITIES. 6.1. The Customer acknowledges that the Company has the following rights: 6.1.10.0.0. To Xx reject, cancel, delete and/or adjust any exchange and/or trading order and/or transaction that the Customer may place; 6.1.20.0.0. To Xx block any Customer’s Account; 6.1.30.0.0. To Xx provide the Account(s) with any transactions deemed necessary by the Company for the proper provision of Services under this Agreement; 6.1.4. To restrict access to, impose limits on, suspend, stop or cancel use of the Exchange Platform (including, without limitation, discontinuing the Customer’s use of the API), either generally or of particular Assets, transactions and/or customers, or to discontinue transmission of any and/or all information; 6.1.5. The Company may refuse to facilitate and/or proceed with any transaction and/or refuse access to the Trading Room and/or Exchange Platform, at the Company sole discretion, as a result of any of the following: 6.1.5.1. Full or partial failure of the Website and/or Exchange Platform, including failure of the technology and/or any of the communications channels linked to the Website and/or and/ or Exchange Platform and the Customer and/or any of the counterparties, or any other circumstance which is deemed impractical to use the Website and Exchange Platform; 6.1.5.2. A breach of security of the Website and/or Exchange Platform; 6.1.5.3. Extraordinary situations, including but not limited to incorrect execution of orders by the Exchange Platform; 6.1.5.4. A material breach by the Customer of obligations under this Agreement and/or any other agreement with the Company; 6.1.5.5. Non-compliance by the Customer with any applicable laws; 6.1.5.60.0.0.0. Market Xxxxxx conditions generally and/or conditions affecting a particular Asset and/or relevant derivative(s) (at the Company sole discretion); 6.1.5.7. Absence of liquidity. Any such action(s) taken by the Company, in accordance with this section, shall continue for such time period, as the Company reasonable determines it to be necessary; 6.1.5.8. The Customer sets trading orders with prices that, on Company’s opinion, are much lower or much higher than market prices. Such actions are treated by the Company as a fraudulent actions; 6.2. For the purposes of mitigating and managing the potential Money laundering and terrorism financing risks, faced by the Company, without derogating from the Company rights, as expressly stipulated above, the Company reserves the right, in its sole discretion, to block Customer’s Trading Room and/or any Customer’s Account and prohibit any activity including but not limited to withdrawals, for the period defined by the Company, in its sole discretion, required for the performance of the internal investigation, but not less than 180 days, providing that the Company has reasonable suspicious that the Customer’s activity (i) does not comply with the Services provided by the Company and the terms of this Agreement, and/or (ii) is fraudulent, and/or (iii) is in breach with the law, present Agreement and/or the Company’s AML&KYC policy; 6.3. In order for the Company to show prices with the speed associated with speculative trading, the Company may have to rely on available price that may later prove to be incorrect. In such a case, the Company may cancel or adjust the trade on the Customer’s Account, but shall do so within reasonable time and shall provide the Customer with a full explanation for actions taken. 6.4. The Company shall have at its sole discretion, control over and the right to modify the functionality of the price feeds, configurations and content, including but not limited to: 6.4.1. The parameter and protocols, by which the trades/transactions are placed, routed, matched and/or otherwise processed by the Exchange Platform; 6.4.2. The availability of the particular Asset through the Exchange Platform, at any particular time and/or location; 6.5. In case of any dispute arisen, the Company reserves the right to request a third parties for advice and/or conducting respective investigation, expertise and/or analysis, including without limitation a possible fee charge(s), whereby, the Company shall retain the right to apply such costs to the Customer, with respect to the provisions of this Agreement; 6.6. The Company will make all possible endeavors to execute trades/transactions requested by the Customer. The Customer hereby understands that the Company is unable to guarantee the execution of the Customer’s orders and/or requests and that the Customer will not hold the Company liable for any failure in the execution process; 6.7. To the extent permitted by law, the Company shall not be held responsible for any damages, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, indirect or consequential loss, unless the loss suffered is caused by a breach of this Agreement by the Company; 6.8. The Company shall not be held responsible for any malfunction, breakdown, delay or interruption of the Internet connection and/or any other reason related to the possible unavailability of the Website, at any given time; 6.9. The Company shall not be held responsible for any delay in the processing of payments, made by the fault of any third parties (operators) of such transactions; 6.100.00. In Xx case of changes in the legislation of a particular country, the consequences of which are stricter regulation of a Virtual Currency presented on the Exchange Platform, the Company may restrict trading on a certain pair with such a Virtual Currency for Customers who are subject to such changes in legislation. In such a case the Customer will only be able to withdraw the limited for trading Virtual Currency to an external address. 6.11. In the case of fraud, the Company undertakes to report all the necessary information, including names, addresses and all other requested information, to the relevant authorities dealing with fraud and breaches of the legislation. The Customer realizes that the Account(s) may be frozen, at any time, at the request of any competent authority investigating a fraud or any other illegal activity.

Appears in 1 contract

Samples: Customer Agreement

THE COMPANY’S RIGHTS AND RESPONSIBILITIES. 6.1. The Customer acknowledges that the Company has the following rights: 6.1.1. To reject, cancel, delete and/or adjust any exchange and/or trading order and/or transaction that the Customer may place; 6.1.2. To block any Customer’s Account; 6.1.3. To provide the Account(s) with any transactions deemed necessary by the Company for the proper provision of Services under this Agreement; 6.1.4. To restrict access to, impose limits on, suspend, stop or cancel use of the Exchange Platform (including, without limitation, discontinuing the Customer’s use of the API), either generally or of particular Assets, transactions and/or customers, or to discontinue transmission of any and/or all information; 6.1.5. The Company may refuse to facilitate and/or proceed with any transaction and/or refuse access to the Trading Room and/or Exchange Platform, at the Company sole discretion, as a result of any of the following: 6.1.5.1. Full or partial failure of the Website and/or Exchange Platform, including failure of the technology and/or any of the communications channels linked to the Website and/or Exchange Platform and the Customer and/or any of the counterparties, or any other circumstance which is deemed impractical to use the Website and Exchange Platform; 6.1.5.2. A breach of security of the Website and/or Exchange Platform; 6.1.5.3. Extraordinary situations, including but not limited to incorrect execution of orders by the Exchange Platform; 6.1.5.4. A material breach by the Customer of obligations under this Agreement and/or any other agreement with the Company; 6.1.5.5. Non-compliance by the Customer with any applicable laws; 6.1.5.6. Market conditions generally and/or conditions affecting a particular Asset and/or relevant derivative(s) (at the Company sole discretion); 6.1.5.7. Absence of liquidity. Any such action(s) taken by the Company, in accordance with this section, shall continue for such time period, as the Company reasonable determines it to be necessary; 6.1.5.8. The Customer sets trading orders with prices that, on Company’s opinion, are much lower or much higher than market prices. Such actions are treated by the Company as a fraudulent actions; 6.2. For the purposes of mitigating and managing the potential Money laundering and terrorism financing risks, faced by the Company, without derogating from the Company rights, as expressly stipulated above, the Company reserves the right, in its sole discretion, to block Customer’s Trading Room and/or any Customer’s Account and prohibit any activity including but not limited to withdrawals, for the period defined by the Company, in its sole discretion, required for the performance of the internal investigation, but not less than 180 days, providing that the Company has reasonable suspicious that the Customer’s activity (i) does not comply with the Services provided by the Company and the terms of this Agreement, and/or (ii) is fraudulent, and/or (iii) is in breach with the law, present Agreement and/or the Company’s AML&KYC policy; 6.3. In order for the Company to show prices with the speed associated with speculative trading, the Company may have to rely on available price that may later prove to be incorrect. In such a case, the Company may cancel or adjust the trade on the Customer’s Account, Account but shall do so within reasonable time and shall provide the Customer with a full explanation for actions taken. 6.4. The Company shall have at its sole discretion, control over and the right to modify the functionality of the price feeds, configurations and content, including but not limited to: 6.4.1. The parameter and protocols, by which the trades/transactions are placed, routed, matched and/or otherwise processed by the Exchange Platform; 6.4.2. The availability of the particular Asset through the Exchange Platform, at any particular time and/or location; 6.5. In case of any dispute arisen, the Company reserves the right to request a third parties for advice and/or conducting respective investigation, expertise and/or analysis, including without limitation a possible fee charge(s), whereby, the Company shall retain the right to apply such costs to the Customer, with respect to the provisions of this Agreement; 6.6. The Company will make all possible endeavors to execute trades/transactions requested by the Customer. The Customer hereby understands that the Company is unable to guarantee the execution of the Customer’s orders and/or requests and that the Customer will not hold the Company liable for any failure in the execution process; 6.7. To the extent permitted by law, the Company shall not be held responsible for any damages, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, indirect or consequential loss, unless the loss suffered is caused by a breach of this Agreement by the Company; 6.8. The Company shall not be held responsible for any malfunction, breakdown, delay or interruption of the Internet connection and/or any other reason related to the possible unavailability of the Website, at any given time; 6.9. The Company shall not be held responsible for any delay in the processing of payments, made by the fault of any third parties (operators) of such transactions; 6.10. In case of changes in the legislation of a particular country, the consequences of which are stricter regulation of a Virtual Currency presented on the Exchange Platform, the Company may restrict trading on a certain pair with such a Virtual Currency for Customers who are subject to such changes in legislation. In such a case the Customer will only be able to withdraw the limited for trading Virtual Currency to an external address. 6.11. In the case of fraud, the Company undertakes to report all the necessary information, including names, addresses and all other requested information, to the relevant authorities dealing with fraud and breaches of the legislation. The Customer realizes that the Account(s) may be frozen, at any time, at the request of any competent authority investigating a fraud or any other illegal activity. 6.12. The Company has the right to close any Customer’s account in case of one of the following circumstances: – the Customer has not entered his account for more than 6 months in a row; – the Customer has not passed verification at least for the first level for more than 6 months in a row from the moment of creation of account; 6.13. All Assets held on account on the moment of closing will be withdrawn to Company’s separate account and You hereby provide your consent for such Company ’s actions. Customer has a right to request returning of Assets withdrawn according to this clause by providing application to xxxxxxx@x0xx.xxxxxxxx. The Customer will have to provide information and documents on Company’s request in order to confirm his identity and ownership of Assets. The Company has a right to refuse the person in returning Assets in case if the person cannot confirm that it has been Company’s Customer and that the withdrawn Assets belong to him;

Appears in 1 contract

Samples: Customer Agreement

THE COMPANY’S RIGHTS AND RESPONSIBILITIES. 6.1. The Customer acknowledges that the Company has the following rights: 6.1.1. To reject, cancel, delete and/or adjust any exchange and/or trading order and/or transaction that the Customer may place; 6.1.2. To block any Customer’s Account; 6.1.3. To provide the Account(s) with any transactions deemed necessary by the Company for the proper provision of Services under this Agreement; 6.1.4. To restrict access to, impose limits on, suspend, stop or cancel use of the Exchange Platform (including, without limitation, discontinuing the Customer’s use of the API)) , either generally or of particular Assets, transactions and/or customers, or to discontinue transmission of any and/or all information; 6.1.5. The Company may refuse to facilitate and/or proceed with any transaction and/or refuse access to the Trading Room and/or Exchange Platform, at the Company sole discretion, as a result of any of the following: 6.1.5.1. Full or partial failure of the Website and/or Exchange Platform, including failure of the technology and/or any of the communications channels linked to the Website and/or Exchange Platform and the Customer and/or any of the counterparties, or any other circumstance which is deemed impractical to use the Website and Exchange Platform; 6.1.5.2. A breach of security of the Website and/or Exchange Platform; 6.1.5.3. Extraordinary situations, including but not limited to incorrect execution of orders by the Exchange Platform; 6.1.5.4. A material breach by the Customer of obligations under this Agreement and/or any other agreement with the Company; 6.1.5.5. Non-compliance by the Customer with any applicable laws; 6.1.5.6. Market conditions generally and/or conditions affecting a particular Asset and/or relevant derivative(s) (at the Company sole discretion); 6.1.5.7. Absence of liquidity. Any such action(s) taken by the Company, in accordance with this section, shall continue for such time period, as the Company reasonable determines it to be necessary; 6.1.5.8. The Customer sets trading orders with prices that, on Company’s opinion, are much lower or much higher than market prices. Such actions are treated by the Company as a fraudulent actions; 6.2. For the purposes of mitigating and managing the potential Money laundering and terrorism financing risks, faced by the Company, without derogating from the Company rights, as expressly stipulated above, the Company reserves the right, in its sole discretion, to block Customer’s Trading Room and/or any Customer’s Account and prohibit any activity including but not limited to withdrawals, for the period defined by the Company, in its sole discretion, required for the performance of the internal investigation, but not less than 180 days, providing that the Company has reasonable suspicious that the Customer’s activity (i) does not comply with the Services provided by the Company and the terms of this Agreement, and/or (ii) is fraudulent, and/or (iii) is in breach with the law, present Agreement and/or the CompanyCompany ’s AML&KYC AML & KYC policy; 6.3. In order for the Company to show prices with the speed associated with speculative trading, the Company may have to rely on available price that may later prove to be incorrect. In such a case, the Company may cancel or adjust the trade on the Customer’s Account, but shall do so within reasonable time and shall provide the Customer with a full explanation for actions taken. 6.4. The Company shall have at its sole discretion, control over and the right to modify the functionality of the price feeds, configurations and content, including but not limited to: 6.4.1. The parameter and protocols, by which the trades/transactions are placed, routed, matched and/or otherwise processed by the Exchange Platform; 6.4.2. The availability of the particular Asset through the Exchange Platform, at any particular time and/or location; 6.5. In case of any dispute arisen, the Company reserves the right to request a third parties for advice and/or conducting respective investigation, expertise and/or analysis, including without limitation a possible fee charge(s), whereby, the Company shall retain the right to apply such costs to the Customer, with respect to the provisions of this Agreement; 6.6. The Company will make all possible endeavors to execute trades/transactions requested by the Customer. The Customer hereby understands that the Company is unable to guarantee the execution of the Customer’s orders and/or requests and that the Customer will not hold the Company liable for any failure in the execution process; 6.7. To the extent permitted by law, the Company shall not be held responsible for any damages, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, indirect or consequential loss, unless the loss suffered is caused by a breach of this Agreement by the Company; 6.8. The Company shall not be held responsible for any malfunction, breakdown, delay or interruption of the Internet connection and/or any other reason related to the possible unavailability of the Website, at any given time; 6.9. The Company shall not be held responsible for any delay in the processing of payments, made by the fault of any third parties (operators) of such transactions; 6.10. In case of changes in the legislation of a particular country, the consequences of which are stricter regulation of a Virtual Currency presented on the Exchange Platform, the Company may restrict trading on a certain pair with such a Virtual Currency for Customers who are subject to such changes in legislation. In such a case the Customer will only be able to withdraw the limited for trading Virtual Currency to an external address. 6.11. In the case of fraud, the Company undertakes to report all the necessary information, including names, addresses and all other requested information, to the relevant authorities dealing with fraud and breaches of the legislation. The Customer realizes that the Account(s) may be frozen, at any time, at the request of any competent authority investigating a fraud or any other illegal activity. 6.12. The Company has the right to close a ny Customer’s account in case of one of the following circumstances: – the Customer has not entered his account for more than 6 months in a row; – the Customer has not passed verification at least for the first level for more than 6 months in a row from the moment of creation of account; 6.13. All Assets held on account on the moment of closing will be withdrawn to Company’s separate account and You hereby provide your consent for such Company ’s actions. Customer has a right to request returning of Assets withdrawn according to this clause by providing application to xxxxxxx@xxxxxxxxx.xx. The Customer will have to provide information and documents on Company’s request in order to confirm his identity and ownership of Assets. The Company has a right to refuse the person in returning Assets in case if the person cannot confirm that it has been Company’s Customer and that the withdrawn Assets belong to him;

Appears in 1 contract

Samples: Customer Agreement

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THE COMPANY’S RIGHTS AND RESPONSIBILITIES. 6.1. The Customer acknowledges that the Company has the following rights: 6.1.1. To reject, cancel, delete and/or adjust any exchange and/or trading order and/or transaction that the Customer theCustomer may place; 6.1.2. To block any Customer’s Account; 6.1.3. To provide the Account(s) with any transactions deemed necessary by the Company for the proper provision properprovision of Services under this Agreement; 6.1.4. To restrict access to, impose limits on, suspend, stop or cancel use of the Exchange Platform (including, without limitation, discontinuing the Customer’s use of the API)) , either generally or of particular Assets, transactions and/or customers, or to discontinue transmission of any and/or all information; 6.1.5. The Company may refuse to facilitate and/or proceed with any transaction and/or refuse access to the Trading theTrading Room and/or Exchange Platform, at the Company sole discretion, as a result of any of the following: 6.1.5.1. Full or partial failure of the Website and/or Exchange Platform, including failure of the technology and/or any of the communications channels linked to the Website and/or Exchange Platform and the Customer and/or any of the counterparties, or any other circumstance which is deemed impractical to use the Website theWebsite and Exchange Platform; 6.1.5.2. A breach of security of the Website and/or Exchange Platform; 6.1.5.3. Extraordinary situations, including but not limited to incorrect execution of orders by the Exchange Platform; 6.1.5.4. A material breach by the Customer of obligations under this Agreement and/or any other agreement with the Company; 6.1.5.5. Non-compliance by the Customer with any applicable laws; 6.1.5.6. Market conditions generally and/or conditions affecting a particular Asset and/or relevant derivative(s) (at the Company sole discretion); 6.1.5.7. Absence of liquidity. Any such action(s) taken by the Company, in accordance with this section, shall continue shalcontinue for such time period, as the Company reasonable determines it to be necessary; 6.1.5.8. The Customer sets trading orders with prices that, on Company’s opinion, are much lower or much higher muchhigher than market prices. Such actions are treated by the Company as a fraudulent actions; 6.2. For the purposes of mitigating and managing the potential Money laundering and terrorism financing risks, faced by the Company, without derogating from the Company rights, as expressly stipulated above, the Company theCompany reserves the right, in its sole discretion, to block Customer’s Trading Room and/or any Customer’s Account and prohibit any activity including but not limited to withdrawals, for the period defined by the Company, in its sole discretion, required for the performance of the internal investigation, but not less than 180 days, providing that the Company has reasonable suspicious that the Customer’s activity (i) does not comply with the Services provided by the Company and the terms of this Agreement, and/or (ii) is fraudulent, and/or (iii) is in breach with the law, present Agreement and/or the CompanyCompany ’s AML&KYC AML & KYC policy; 6.3. In order for the Company to show prices with the speed associated with speculative trading, the Company may Companymay have to rely on available price that may later prove to be incorrect. In such a case, the Company may cancel or adjust the trade on the Customer’s Account, but shall do so within reasonable time and shall provide the providethe Customer with a full explanation for actions taken. 6.4. The Company shall have at its sole discretion, control over and the right to modify the functionality of the price theprice feeds, configurations and content, including but not limited to: 6.4.1. The parameter and protocols, by which the trades/transactions are placed, routed, matched and/or otherwise and/orotherwise processed by the Exchange Platform; 6.4.2. The availability of the particular Asset through the Exchange Platform, at any particular time and/or locationand/orlocation; 6.5. In case of any dispute arisen, the Company reserves the right to request a third parties for advice and/or conducting respective investigation, expertise and/or analysis, including without limitation a possible fee charge(s), whereby, the Company shall retain the right to apply such costs to the Customer, with respect to the provisions theprovisions of this Agreement; 6.6. The Company will make all possible endeavors to execute trades/transactions requested by the Customer. The Customer hereby understands that the Company is unable to guarantee the execution of the Customer’s orders and/or requests and that the Customer will not hold the Company liable for any failure in the execution processexecutionprocess; 6.7. To the extent permitted by law, the Company shall not be held responsible for any damages, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, indirect or consequential loss, unless the loss suffered losssuffered is caused by a breach of this Agreement by the Company; 6.8. The Company shall not be held responsible for any malfunction, breakdown, delay or interruption of the Internet connection and/or any other reason related to the possible unavailability of the Website, at any given timegiventime; 6.9. The Company shall not be held responsible for any delay in the processing of payments, made by the fault of any third parties (operators) of such transactions; 6.10. In case of changes in the legislation of a particular country, the consequences of which are stricter regulation of a Virtual Currency presented on the Exchange Platform, the Company may restrict trading on a certain pair with such a Virtual Currency for Customers who are subject to such changes in legislation. In such a case acase the Customer will only be able to withdraw the limited for trading Virtual Currency to an external address. 6.11. In the case of fraud, the Company undertakes to report all the necessary information, including names, addresses and all other requested information, to the relevant authorities dealing with fraud and breaches of the ofthe legislation. The Customer realizes that the Account(s) may be frozen, at any time, at the request of any competent authority investigating a fraud or any other illegal activity. 6.12. The Company has the right to close a ny Customer’s account in case of one of the folowing circumstances: – the Customer has not entered his account for more than 6 months in a row; – the Customer has not passed verification at least for the first level for more than 6 months in a row from themoment of creation of account; 6.13. All Assets held on account on the moment of closing will be withdrawn to Company’s separate account and You hereby provide your consent for such Company ’s actions. Customer has a right to request returning of Assets withdrawn according to this clause by providing application to xxxxxxx@xxxxxxxxx.xx. The Customer will have to provide information and documents on Company’s request in order to confirm his identity and ownership of Assets. The Company has a right to refuse the person in returning Assets in case if the person cannot confirm that it has been Company’s Customer and that the withdrawn Assets belong to him;

Appears in 1 contract

Samples: Customer Agreement

THE COMPANY’S RIGHTS AND RESPONSIBILITIES. 6.1. The Customer acknowledges that the Company has the following rights: 6.1.1. To reject, cancel, delete and/or adjust any exchange and/or trading order and/or transaction that the Customer may place; 6.1.2. To block any Customer’s Account; 6.1.3. To provide the Account(s) with any transactions deemed necessary by the Company for the proper provision of Services under this Agreement; 6.1.4. To restrict access to, impose limits on, suspend, stop or cancel use of the Exchange Platform (including, without limitation, discontinuing the Customer’s use of the API)) , either generally or of particular Assets, transactions and/or customers, or to discontinue transmission of any and/or all information; 6.1.5. The Company may refuse to facilitate and/or proceed with any transaction and/or refuse access to the Trading Room and/or Exchange Platform, at the Company sole discretion, as a result of any of the following: 6.1.5.1. Full or partial failure of the Website and/or Exchange Platform, including failure of the technology and/or any of the communications channels linked to the Website and/or Exchange Platform and the Customer and/or any of the counterparties, or any other circumstance which is deemed impractical to use the Website and Exchange Platform; 6.1.5.2. A breach of security of the Website and/or Exchange Platform; 6.1.5.3. Extraordinary situations, including but not limited to incorrect execution of orders by the Exchange Platform; 6.1.5.4. A material breach by the Customer of obligations under this Agreement and/or any other agreement with the Company; 6.1.5.5. Non-compliance by the Customer with any applicable laws; 6.1.5.6. Market conditions generally and/or conditions affecting a particular Asset and/or relevant derivative(s) (at the Company sole discretion); 6.1.5.7. Absence of liquidity. Any such action(s) taken by the Company, in accordance with this section, shall continue for such time period, as the Company reasonable determines it to be necessary; 6.1.5.8. The Customer sets trading orders with prices that, on Company’s opinion, are much lower or much higher than market prices. Such actions are treated by the Company as a fraudulent actions; 6.2. For the purposes of mitigating and managing the potential Money laundering and terrorism financing risks, faced by the Company, without derogating from the Company rights, as expressly stipulated above, the Company reserves the right, in its sole discretion, to block Customer’s Trading Room and/or any Customer’s Account and prohibit any activity including but not limited to withdrawals, for the period defined by the Company, in its sole discretion, required for the performance of the internal investigation, but not less than 180 days, providing that the Company has reasonable suspicious that the Customer’s activity (i) does not comply with the Services provided by the Company and the terms of this Agreement, and/or (ii) is fraudulent, and/or (iii) is in breach with the law, present Agreement and/or the CompanyCompany ’s AML&KYC policy; 6.3. In order for the Company to show prices with the speed associated with speculative trading, the Company may have to rely on available price that may later prove to be incorrect. In such a case, the Company may cancel or adjust the trade on the Customer’s Account, but shall do so within reasonable time and shall provide the Customer with a full explanation for actions taken. 6.4. The Company shall have at its sole discretion, control over and the right to modify the functionality of the price feeds, configurations and content, including but not limited to: 6.4.1. The parameter and protocols, by which the trades/transactions are placed, routed, matched and/or otherwise processed by the Exchange Platform; 6.4.2. The availability of the particular Asset through the Exchange Platform, at any particular time and/or location; 6.5. In case of any dispute arisen, the Company reserves the right to request a third parties for advice and/or conducting respective investigation, expertise and/or analysis, including without limitation a possible fee charge(s), whereby, the Company shall retain the right to apply such costs to the Customer, with respect to the provisions of this Agreement; 6.6. The Company will make all possible endeavors to execute trades/transactions requested by the Customer. The Customer hereby understands that the Company is unable to guarantee the execution of the Customer’s orders and/or requests and that the Customer will not hold the Company liable for any failure in the execution process; 6.7. To the extent permitted by law, the Company shall not be held responsible for any damages, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, indirect or consequential loss, unless the loss suffered is caused by a breach of this Agreement by the Company; 6.8. The Company shall not be held responsible for any malfunction, breakdown, delay or interruption of the Internet connection and/or any other reason related to the possible unavailability of the Website, at any given time; 6.9. The Company shall not be held responsible for any delay in the processing of payments, made by the fault of any third parties (operators) of such transactions; 6.10. In case of changes in the legislation of a particular country, the consequences of which are stricter regulation of a Virtual Currency presented on the Exchange Platform, the Company may restrict trading on a certain pair with such a Virtual Currency for Customers who are subject to such changes in legislation. In such a case the Customer will only be able to withdraw the limited for trading Virtual Currency to an external address. 6.11. In the case of fraud, the Company undertakes to report all the necessary information, including names, addresses and all other requested information, to the relevant authorities dealing with fraud and breaches of the legislation. The Customer realizes that the Account(s) may be frozen, at any time, at the request of any competent authority investigating a fraud or any other illegal activity. 6.12. The Company has the right to close a ny Customer’s account in case of one of the following circumstances: – the Customer has not entered his account for more than 6 months in a row; – the Customer has not passed verification at least for the first level for more than 6 months in a row from the moment of creation of account; 6.13. All Assets held on account on the moment of closing will be withdrawn to Company’s separate account and You hereby provide your consent for such Company ’s actions. Customer has a right to request returning of Assets withdrawn according to this clause by providing application to xxxxxxx@xxxxxx.xxxx. The Customer will have to provide information and documents on Company ’s request in order to confirm his identity and ownership of Assets. The Company has a right to refuse the person in returning Assets in case if the person cannot confirm that it has been Company ’s Customer and that the withdrawn Assets belong to him;

Appears in 1 contract

Samples: Customer Agreement

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