USER AGREEMENT (TERMS OF USE, TRADING RULES, AND RISK WARNING)
The information(s), material(s), resource(s) and/or opinion(s), contained in our agreement, website, and services are not and not intended intended in any way to constitute as legal, financial, business and/or any other professional advice and/or any other form of advice and should not be relied upon and/or treated as a substitute of any such advice. AIX INVESTMENT GROUP COMPANY LTD (hereinafter referred to as the "AIX EXCHANGE" or "We" or "Our" or "Us") do not assume and/or between do not accept any responsibility for any loss and/or damage which may arise, from the aforesaid reliance on any such information(s), material(s), resource(s) and/or opinion(s), published on this website. AIX EXCHANGE expressly disclaims to the fullest extent permitted by applicable law of of the Malaysia all liability in any form, whatsoever, with respect to any and all act(s) or omission(s) made by all user(s) arising from the use of our website and services.
While every effort has been made to ensure the accuracy of the content contained on our agreement, website, and services, AIX EXCHANGE do not warrant the accuracy of any and all information found or contained in our agreement, website, and services and/or any other “linked” website(s) and services whether such links are directed from our website and services and/or user(s) are directed from their website and services to our website and services. Where content in our website and services is reproduced from elsewhere, the copyright of any such information and/or content remains with their respective owner(s).
Nothing contained in our agreement and website shall constitute and/or create a financial advisor-client relationship between you as the user or client and AIX EXCHANGE (including but not limited to its management, employee, and/or agent). All user(s) should, if necessary, seek formal and independent legal and/or financial advice.
This User Agreement shall consist of the Terms of Use which govern the contractual relationship between you as our user or client with our Company; and the trading rules which govern your usage of our website and services offered by our Company.
A. TERMS OF USE
PREAMBLE
These AIX EXCHANGE User Agreement (hereinafter referred to as the “Agreement”) are AIX EXCHANGE general terms and conditions for electronic trading of crypto asset(s), applied when you use the products, services, technology, services features provided by AIX EXCHANGE, including but not limited to website, system, trading connections, infrastructure, trading platform, direct market access, and/or submit orders (including cancellations) to the market (hereinafter referred to as the “Services”). The user or the customer who accessing the Services (in this Agreement referred to as the “User” or “You”) are advised to read all terms and conditions carefully before using AIX EXCHANGE Services or all services provided, and together with this you agree and commit yourself to all terms and conditions in this Agreement.
LICENCE
  1. AIX EXCHANGE grants you a non-exclusive, non-sub licensable, and non-transferable licence (hereinafter referred to as the “Licence”), to access and use the Services. In accepting this Licence, you agree that you will not permit a third-party to disassemble, decode, alter, copy, amend, develop, or commercially exploit the Services.
  2. All title, ownership and intellectual property rights to the Services, software, technology tools, content, websites, and other materials relating to the Services shall always remain the exclusive property of AIX EXCHANGE and any information transmitted in relation to the Services, shall remain, the exclusive property of AIX EXCHANGE to the fullest extent permitted by the applicable laws in Malaysia.
GENERAL DISCLAIMER AND LIMITATION OF LIABILITY
  1. General Disclaimer:
    We always strives to maintain secure, convenient, and well-functioning Services, but we cannot guarantee continuous operation or that access to our Services can always be perfect. There is possibility that information and data on our Services are not available in real time. We provide the Services “as is / as available”. We disclaim all representations and warranties. We do not represent, warrant and/or guarantee that the Services will be uninterrupted, reliable, free from any virus (or whatsoever malicious or destructive software program), complete, accurate and/or suitable for any purpose, or make any warranty as to the results that may be obtained from the use of the Services.
  2. Limitation of Liability:
    We shall NOT be held liable for any or whatsoever of your loss(s), including but not limited to any liabilities, losses (monetary or otherwise), damages, judgements, fines, penalties and/or any costs and expenses incurred which are in connection with, arising out of and/or in relation to the Services (hereinafter referred to as the “Losses”) to the fullest extent permitted by applicable laws in the Malaysia.
TERMINATION AND AMENDMENT
  1. Right of Termination:
    We may, at our absolute discretion, terminate the Services or this Agreement and/or close your trading account without penalty or whatsoever.
  2. Effect of Termination:
    The termination of the Services or this Agreement will not prejudice all Transactions executed, conducted and/or concluded prior to such termination and any obligations arising prior to such termination. The Limitation of Liability clause (Clause 4) and the Indemnity and Reimbursement clause (Clause10) of this Agreement shall apply to any such transactions concluded prior to the termination of the Services or this Agreement.
  3. Amendment:
    We may revise this Agreement and all of other related terms and conditions from time to time based on our sole discretion without any prior notice and without requiring your approval. We hereby advises you to read carefully and always recheck every part of this Agreement and all of other related terms and conditions from time to time to find out about any changes which have been made.
NO THIRD-PARTY RIGHTS, FORCE MAJEURE AND ENTIRE AGREEMENT
  1. No Third-Party Right(s):
    No third party may enforce any of the terms of this Agreement and no person besides you shall have any right(s) to enforce any term(s) and condition(s) of this Agreement.
  2. Suspension, Blocking, and Freezing of Services:
    1. We may suspend, change, alter and/or withdraw the Services at any time based on our discretion.
    2. To implement precautionary principle, we have the right and you hereby authorize us to block part or all of your balance and/or debit and terminate the Services, if the following occurs:
      1. - There is a request from the bank due to an error in sending funds and the bank is asking for blocking;
      2. - In our opinion and consideration there was an error in receiving transactions;
      3. - Our Services is used as a shelter that is indicated as a result of crime including but not limited to the corruption, bribery, narcotics, psychotropic, labor smuggling, people smuggling, banking, capital market, insurance, customs, excise, human trafficking, arms trading darkness, terrorism, kidnapping, theft, embezzlement, fraud, forgery, gambling, prostitution, taxation and terrorism;
      4. - You considered negligent in performing obligations based on this Agreement;
      5. - Our policy or by the government or authorized agency or the applicable regulations, so we are required to block and/or freeze the Services.
    3. In the event of the Services termination, you agrees and states that is willing to remain bound by this Agreement, to stop using the Services, give us the right to delete all information and data in our servers, and declare we are not responsible to you or third party for termination of access and deletion of information and data in the Services.
  3. Force majeure:
    We shall NOT be held liable for any whatsoever loss(s) arising out of, in connection with and/or in relation to, our delay or non-performance in respect of the Services due to circumstances beyond our control such as but are not limited to: acts of Gods, Earthquakes, floods, hurricanes, landslides, volcanic eruptions and other natural disasters, disease outbreak, pandemic, terrorism, shortage of power and/or utilities, breakdown(s), malfunction(s) and/or interruption(s) of computer facilities, loss of data due to power failure(s) and/or mechanical difficulties with information storage, or retrieval systems, labour difficulties, sabotage, demonstration, war, riot, civil unrest, and/or policies from the Government that affect directly.
  4. Entire Agreement and Severability:
    This Agreement constitutes the entire agreement between you as the User and us, AIX EXCHANGE (hereinafter referred to as the “Parties”) in respect to your use and access to the Services and supersedes all prior agreement(s), understanding(s), negotiation(s) and/or notice(s) between the Parties. In addition, you agree that there have been no representations made and/or you have not relied upon any representation(s) made by us which induced you into entering into this Agreement. In the event any terms and/or conditions contained herein are found to be unenforceable, invalid and/or illegal by any court of competent jurisdiction, the validity of the remaining provisions and/or terms of this Agreement shall not be affected.
  5. Headings:
    The headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement.
  6. Translation:
    This Terms of service was originally drafted on English language and may be translated into any other languages. In the event of any conflict, inconsistency and/or discrepancy between the versions of different languages, the English language version shall prevail.
GOVERNING LAW AND DISPUTE RESOLUTION
  1. Governing law:
    This Agreement and any non-contractual obligations in connection with, arising out of and/or in relation to them are made, interpreted, and governed by the laws of the Malaysia.
  2. Legal Domicile and Dispute Resolution:
    1. The Parties agreed to choose a common and unchanging legal residence at Court in Malaysia.
    2. Any conflicts, disputes or opinion differences (hereinafter referred to as “Disputes“) arising in connection with the implementation of cooperation will be settled in the following ways:
      1. - that every Dispute, as far as possible, will be resolved by means of deliberation to reach consensus.
      2. - any Disputes that cannot be resolved by deliberation will be resolved through the Court in Malaysia.
  3. Immunity Waiver:
    You waive any sovereign, or similar immunity to which you might otherwise be entitled to in any action and/or proceeding arising out of, in connection with and/or in relation to this Agreement.
B. TRADING RULES
ACCESS TO SERVICE
  1. Responsibility:
    You are responsible for maintaining confidentiality and must maintain secured controls on access to and use of the Services and take appropriate measures to protect against fraud or cyber-attacks. You are solely responsible for all access to the Services using your account, password, PIN, access crypto asset pocket, email login access, and/or all types of your credential information and you will be bound by any resulting transaction between you and us, including but not limited to which arising from your electronic submission of an order under this Agreement (hereinafter referred to as “Transactions”). We may treat any access or submissions to the Services as having been authorised by you and you shall be bound by and held liable for every each of such submissions. You must notify us immediately if you are aware and/or suspect any unauthorised access to the Services. We are not responsible for any losses incurred due to misuse of your account access and/or passwords, with or without your knowledge
  2. Requirements, Limits and Guidelines:
    You must at all times comply with any limits, requirements and/or guidelines that we provide for the Services.
  3. Monitoring:
    You have adequate arrangements to monitor the use of the Services.
DEALING AND ORDERS
  1. Our Absolute Right to Reject Orders:
    We may, at our absolute sole discretion, reject any order placed by you.
  2. Notification(s):
    We may notify you via the Services or by way of electronic mail after executing any order or upon determining that we will not accept any order.
  3. Orders:
    Once an order has been submitted, it becomes IRREVOCABLE and you accept to be bound by all responsibility and/or liabilities under any such order. You may request to cancel or amend an order in writing by way of electronic mail and we will proceed to notify you in the event the order can be cancelled or amended. You shall remain liable and/or responsible for any part of such order.
  4. Limitation on Your Orders:
    We may, at our absolute sole discretion, limit your ability and/or capacity to place order and/or transacting through our Services, including but not limited to:
    1. size(s) : order sizes (or volume or value or amount);
    2. open positions : total number of open positions;
    3. exposure : our total exposure to you (if any);
    4. prices : prices at which you may submit orders;
    5. divergence : divergence between you order price and the prevailing market price.
  5. Compliance with Limitation:
    We may cancel or amend your orders and close out open Transactions at our absolute sole discretion to comply with the limits we impose.
  6. Monitoring:
    We may at our absolute sole discretion and for the purpose of complying with applicable law(s), regulation(s), guideline(s), and/or act(s) monitor your use of the Services and report your usage to any courts of law, governmental or regulatory authority(s), body(s), commission(s) and/or agency(s) lawfully claiming jurisdiction over you (or us).
  7. Indemnity and Reimbursement:
    By using the Services offered and/or provided by us, you hereby agree to indemnify us against any of risk and/or your losses that incurred in connection with, arising out of and/or in relation to:
    1. - Your breach of any part of this Agreement;
    2. - Inability of you in using the Services falls under personal risk;
    3. - Loss of use, profit, income, data, goodwill, or failure to realize expected deposits, for any case directly or indirectly;
    4. - Any indirect, incidental, special, or consequential losses, arising from or in connection with the use or inability to use our website or Services including but not limited to any losses caused by it, even if we have been informed about such probability of losses;
    5. - Any losses caused by your omission including but not limited to omission in login through third party’s device and/or software and/or failure to keep the confidentiality of device used for login;
    6. - Condition and quality of crypto product or asset which traded;
    7. - Violation of Intellectual Property Rights;
    8. - Disputes between the user of the Services
    9. - Defamation of other party;
    10. - Any misuse of asset purchased by you;
    11. - Loss due to unofficial payment to other party other than to official account of AIX EXCHANGE which, by any means whatsoever, uses the name of AIX EXCHANGE or negligence in the writing of account and/or other information and/or omission on the part of the bank, remittance, digital financial transaction, and/or payment gateway's service provider;
    12. - Fitness for a particular purpose, durability, title, and non-infringement;
    13. - Any virus, malware, bot, robot, device, software, application, platform, script, automation tools, and/or third party's services obtained by accessing or connecting to our Services;
    14. - Skimming or hacking process, which causes loss to you in our Services;
    15. - Any disruption, bug, error, or inaccuracy in our Services;
    16. - Damage to your hardware from the use of any of our Services;
    17. - Enforcement action taken in connection with your account;
    18. - Any hacking committed by a third party to your account.
REPRESENTATIONS AND WARRANTIES
  1. By using the Services, you hereby represent and warrant to us as at all times that:
    1. Requirements, power and authorisation:

      You have all requirements, necessary powers, authorisations, licences and/or permissions to use the Services and effect any Transactions and have taken all necessary actions to carry out your obligations under this Agreement in a lawful manner which including but not limited to the following:
      1. - If you are an entity, you hereby undertake that you are duly incorporated, duly organised and validly existing under the laws of your jurisdiction and have full power to conduct your business and allowed to engage, obtain and/or use the services provided;
      2. - If you are an individual personal, you are not less than the minimum age of 18 years or married, and have full capacity to enter into this Agreement and any agreement entered into pursuant to or in connection with the terms and conditions of this Agreement and to make decisions regarding any of your transactions. However, if the applicable law requires that you must be older in order for us to lawfully provide the Services to you without parental consent (including using of your personal data) then the minimum age is such older age.
      3. - You have a valid legal identity. For each account registration process in the Services, you must show all and every data in accordance with legal identity including but not limited to: Name (in accordance with the personal identity attached); Home address according to identity; Current residence address; Telephone number or mobile (number must be active and used personally); Place and date of birth (according to the personal identity attached); Citizenship; Gender; Photo of valid identity card with identity cards that can be used are: Identity Card, Driver’s License, Passport, Limited Stay Permi, and Limited Stay Permit; Occupation; email address that is active;
      4. - You have the legal capacity to accept this Agreement and to agree to be bound by this Agreement in its entirety;
      5. - All consent(s), permission(s), authorisation(s), approval(s) and/or agreement(s) of any third parties and all such authorisation(s), approval(s), permission(s), consent(s), registration(s), declaration(s), filing(s) with any regulatory authority, governmental department(s), commission(s), agency(s) and/or any other organisation(s) having jurisdiction over you which are necessary or desirable for you to obtain in order to access and use the Services, and enter into and deliver, and perform the Transactions contemplated under this Agreement and any agreement entered into pursuant to, or in connection with, the terms of this Agreement, have been unconditionally obtained in writing and have been disclosed in writing to us and have not been withdrawn or amended;
      6. - You have not previously been suspended or removed from using the Services;
      7. - You are not placed on the List of Suspected Terrorists and Terrorist Organizations and the List of Funding of Proliferation of Weapons of Mass Destruction maintained by the Malaysian Financial Transaction Reports and Analysis Center;
      8. - You are not a citizen of, or resident (or in the case of an enterprise user, organized, formed or engaging in business) in any restricted location (including jurisdictions designated as being high-risk for money laundering by the Financial Action Task Force and jurisdictions prohibited under the programs of the Office of Foreign Assets Control of the U.S. Department of the Treasury or “OFAC”);
      9. - You are not on the United Nations Security Council Sanctions List, or on any other similar list of persons or entities subject to sanctions, financial sanctions, suspected terrorist designations or similar designations of any jurisdictions;
      10. - Your access use of the Services, your execution and delivery of, the performance of your obligations under this Agreement and any agreement entered into pursuant to, or in connection with, the terms of this Agreement, shall not:
        1. - if you are an entity, result in a breach of or in conflict with any provision of your constitution (or equivalent constitutive documents);
        2. - result in a breach of, or constitute a default under, any instrument, agreement, document or undertaking to which you are directly or indirectly a party or by which you or any of your property is bound or subject; and
        3. - result in a breach of any applicable law(s), act(s), rule(s) and/or regulation(s) or of any order, decree or judgment of any court, arbitrator, governmental agency, body, department, commission, or regulatory authority claiming jurisdiction over you.
    2. Third-Party Services:
      You will fully be bound by any Transaction we receive from any parties who acts on your behalf through any third-party services you use to access the Services and you will fully be responsible for any loss(es) and/or damage(s) you suffer as a result, and hereby indemnify AIX EXCHANGE against any loss(es) and/or damage(s) arising out of, in connection with and/or in relation to such third-party services.
    3. Due Diligence:
      You hereby undertake that will promptly respond to our request in conducting and/or exercising due diligence requests updating any previously supplied information that has changed or become inaccurate.
    4. Knowledge:
      You hereby undertake that you possess the knowledge and/or experience to understand the risk of submitting any order and/or entering into any Transaction via the Services.
    5. Own Decision:
      You hereby undertake that you have exercised your assessment in determining the between exercised suitability and appropriateness of using the Services for any and every order you submit at all times, and/or Transactions that you make such as seeking your own professional advice prior to submitting any order and/or making any Transactions via the Services, and are not relying on us for any investment advice, recommendations and/or assurances as to the expected performance and/or result of your orders (submitted or prior to being submitted) and/or Transactions (made and/or prior to being made).
    6. Understanding:
      You are familiar with, fully understand and have accepted:
      1. - all terms and conditions of this Agreement;
      2. - the regulatory consequences of using this Services in relevant jurisdiction;
      3. - to be fully bound by all the terms contained herein this Agreement in respect of your obligation, responsibility and/or liability which are in connection with, arising out of and/or in relation to your use of the Services(s) provided by us;
      4. - nothing in this Agreement shall be deemed to have created, constituted and/or implied us as your agent, trustee or other representative, unless it is provided otherwise in this Agreement;
      5. - the crypto asset available for transaction, transfer transmission and/or trading on our platform are issued by the operator, owner, developer, proprietor and/or manager of each respective public blockchain, not by us;
      6. - that a modification, variation and/or introduction of applicable laws, regulation and policies in certain jurisdiction may occur, resulting substantial changes to the Services provided by us;
      7. - that all records and/or data generate and maintained by the company from all transfer, transmission transaction and trade performed, processed, instructed, effected and/or executed, whether or not authorised by the customer, through the company exchange platform shall be binding on such customer; where such records and/or data shall be deemed as conclusive evidence of such transfer, transaction, transmission, trades hereof.
    7. Accuracy and Recency:
      All documents and information you have provided to us are true, accurate, complete and up-to-date in all respects, and may be relied upon by us in determining whether or not you are eligible to access the Services.
    8. Proper Use of the Services:
      You hereby undertake that you will not:
      1. - breach this Agreement or any agreement entered into pursuant to or in connection with the terms and conditions of this Agreement;
      2. - violate or attempt to violate any applicable law(s), regulation(s), Act(s), and/or guideline(s) which enacted, issued, published, gazetted and/or published by respective local and/or foreign governmental body(s), agency(s), regulator(s) and/or authority(s) as well as any religious belief;
      3. - violate any of our or and/or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, including rights of publicity or privacy;
      4. - act in a manner or whatsoever means that is defamatory, trade libellous, threatening or harassing against any party including but not limited to us, other users and/or any governmental body(s), agency(s) and/or organisation(s);
      5. - the funds, wealth, monies and/or digital asset used for any purchase, transaction and/or transmission using the our platform do(es) not forms any part of proceeds or realisable property of any criminal activity, including but not limited to corruption, bribery, narcotics, psychotropic, labor smuggling, people smuggling, banking, capital market, insurance, customs, excise, human trafficking, arms trading darkness, terrorism, kidnapping, theft, embezzlement, fraud, forgery, gambling, prostitution, taxation and terrorism, money laundering, as stipulated in the applicable laws in Malaysia and other jurisdiction;
      6. - that all tax obligation aroused from the usage, procurement and/or engagement of the Services provided by us shall fully be borne by you;
      7. - nothing contained herein or any content published, advertised, displayed, in any part of the website, platform and thereof shall be construed, implied, interpreted, presumed as allowing and/or granting, whether expressly, by implication, custom, usage or otherwise any right, permission, license and/or authorisation for any crypto asset to be use, transacted, transmitted and/or transferred for whether direct or indirectly, illegal, illicit, unlawful, unauthorised, unethical, immoral, fraudulent or to such extend, promoting, facilitating, assisting, supporting any of such prohibited purposes;
      8. - receive or attempt to receive funds from both us and the other User for the same transaction during the course of a dispute;
      9. - conduct your business or use the Services in a manner that results in or may result in complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties and/or other liability to us, other Users, third parties or yourself;
      10. - take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
      11. - facilitate any viruses, trojan horses, worms and/or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept causing threat, or expropriate any system, database, or information which related to the Services;g
      12. - use any robot, spider, other automatic device and/or manual process to monitor or copy our website without our prior written permission;
      13. - use any device, software and/or other thing to interfere or attempt to interfere with our website, or the Services;
      14. - take any action that may cause us to lose any of the services from our Services providers, or other suppliers;
      15. - that the services provided by us in operating the platform do not include the provision of internet and whatsoever form of telecommunication access or connectivity services. You shall obtain, engage and/or procure separately at it own cost from appropriate Services provider such internet or other telecommunication connectivity;
      16. - that the usage, procurement and/or engagement of the Services provided by us shall not whether intentionally or unintentionally, direct or indirectly, resulting, constituting and/or leading to our non-compliance, violation and/or infringement of any applicable laws or otherwise prejudicing our integrity, reputation and good will;
      17. - that the ownership, purchase, transmission, transfer, possession, receipt and/or procurement of crypto asset complies with all applicable laws and regulations including prerequisite governmental or other consents that shall be obtained and that such ownership, purchase, transmission, transfer, possession, receipt and/or procurement of crypto asset shall not involve and/or engage with any individual or legal entity, as the case may be, of a citizen, resident or jurisdiction of country prohibiting and banning crypto asset, or prevented and prohibited from using crypto asset or the Services.
  2. You acknowledge and agree that the only right you have in connection with any issue or dissatisfaction of Services is to stop using the Services.
C. RISK WARNING
Before you send any money or crypto asset to AIX EXCHANGE, you should be aware of the following:
  1. You should not transact crypto assets if you are not familiar with crypto assets. Transacting crypto assets may not be suitable for you if you are not familiar with the technology of the Services that are provided.
  2. Crypto asset trading is the high-risk activity. Crypto asset price are volatile, where prices can change significantly over time. In connection with price fluctuations, value of crypto asset can increase or decrease significantly at any time. All crypto asset or not, have the potential to experience a change in the value drastically or even become meaningless. There is a high risk of loss as a result of buying, selling or trading anything on the market and AIX EXCHANGE is not responsible for changes in fluctuations in crypto asset exchange rate.
  3. Crypto asset trading also has additional risks not experienced by crypto asset or other commodities on the market. Unlike other assets guaranteed by government or other institutions or by gold and silver, crypto asset are a unique crypto asset and are guaranteed by the technology and trust. There is no government or institution that can control, protect the value of crypto asset in any situation, or print the crypto asset.
  4. You are encouraged to be careful in measuring financial situation and ensure that you are willing to face risks involved in selling, buying or trading crypto asset. You are strongly advised to carry out personal research before making a decision to trade crypto asset. All decisions on trading crypto asset are independent decision by you as User consciously without coercion and release AIX EXCHANGE from any trading activities risk in crypto asset.
  5. AIX EXCHANGE does not guarantee the long-term sustainability of crypto assets traded or exchanged in the Services.
  6. With regard to mining activities crypto asset, need to be confirmed that AIX EXCHANGE does not carry out mining, producing or printing crypto asset activities. Crypto asset was created and mined using the software specifically by the miners that are scattered randomly throughout the world and was interconnected with the peer-to-peer technology on the blockchain.
By continuing to access and using our Services, you are hereby deemed to acknowledge, understand, agree to and accept all terms and conditions on this Agreement, and any other related terms and conditions document with its amendments, and represent and warrant that you are in compliance with and will comply with relevant rules, policies, terms and directions of AIX EXCHANGE, any relevant court, governmental or regulatory authority claiming jurisdiction over you (“Relevant Laws”) in relation to the use of this Services, and hereby indemnify AIX EXCHANGE against any and/or all loss arising out of, in connection with and/or in relation to your failure, refusal, and/or inability to comply with, the Relevant Laws and/or against any misrepresentation, inaccuracy(s), omission(s), and/or falsehood(s) arising out of, in connection with and/or in relation to the aforesaid.