1. Agreement and Execution
The content of this agreement includes main body of this agreement and various rules that have been posted or may be posted from time to time by Bilaxy. All of the rules shall be an integral part of this agreement, and shall have the same legal effect as the main body of this agreement. Unless otherwise expressly provided, any service provided by Bilaxy and its affiliates (hereinafter referred as “Bilaxy Service”) shall be bound by this agreement. You shall carefully read through this agreement before using any Bilaxy Service, and pay close attention to the content written in bold font. You may consult Bilaxy if you have any question with regard to this agreement. However, regardless whether you have carefully read through this agreement before using Bilaxy Service, you shall be bound by this agreement as long as you use Bilaxy Service. You shall not claim to void or rescind this agreement on the ground that you did not read this agreement or you did not receive any respond from Bilaxy to your consultation. You hereby promise to accept and observe this agreement. If you do not agree to this agreement, you shall immediately stop registration/activation or stop using Bilaxy Service. Bilaxy may make or amend this agreement and various rules from time to time as needed, and announce the same on the website, without any individual notice to you. The amended agreement and rules shall come into effect immediately and automatically upon being announced on the website. If you do not agree to the relevant amendment, you shall immediately stop using Bilaxy Service. If you continue using Bilaxy Service, you shall be deemed as having accepted the amended agreement and rules.
2. Registration and Account
Eligibility of Registrants
You hereby confirm that you are an individual, legal person or other organization with full capacity for civil rights and civil conducts when you complete the registration or actually use Bilaxy Service in any other way allowed by Bilaxy. If you do not have the said capacity, you and your guardian shall undertake all the consequences resulted therefrom, and Bilaxy shall have the right to cancel or permanently freeze your account, and claims against you and your guardian for compensation.
Registration and Account
You shall be bound by this agreement once you have filled in information, read and agreed to this agreement and completed the registration process following the instructions on the registration page or you have filled information, read and agreed to this agreement and completed the activation process following the instructions on the activation page, or upon your actual use of Bilaxy Service in a way permitted by Bilaxy. You may log in Bilaxy by your email address or mobile number that you have provided or confirmed or any other means permitted by Bilaxy. You must provide your real name, ID type, ID number and other information required by the laws and regulations. If any information you have provided during the registration is inaccurate, Bilaxy will not take any responsibility and any loss, direct or indirect, and adverse consequence resulted therefrom will be borne by you. Bilaxy accounts can only be used by the person whose name they are registered under. Bilaxy reserves the right to suspend, freeze, or cancel accounts that are used by persons other than the persons whose names the accounts are registered under. Bilaxy will also not take legal responsibility for these accounts.
During the registration or activation, you shall accurately provide and timely update your information by following the instructions on the relevant page according to the laws and regulations in order to make it truthful, timely, complete and accurate. If there is any reasonable doubt that any information provided by you is wrong, untruthful, outdated or incomplete, Bilaxy shall have the right to send you a notice to make enquiry and demand corrections, remove relevant information directly and, as the case may be, terminate all or part of Bilaxy Service to you. Bilaxy will not take any responsibility and any loss, direct or indirect, and adverse consequence resulted therefrom will be borne by you. You shall accurately fill in and timely update your email address, telephone number, contact address, postal code and other contact information so that Bilaxy or any other user will be able to effectively contact you. You shall be solely and fully responsible for any loss or extra expenses incurred during the use of Bilaxy Service by you if you cannot be contacted through these contact information. You hereby acknowledge and agree that you have the obligation to keep your contact information effective and to take actions as required by Bilaxy if there is any change or update.
You shall be solely responsible for the safekeeping of your Bilaxy account and password on your own, and you shall be responsible for all activities under your log-in email, Bilaxy account and password (including but not limited to information disclosure, information posting, consent to or submission of various rules and agreements by clicking on the website, online renewal of agreement or online purchase of services, etc.). You hereby agree that: a) you will notify Bilaxy immediately if you are aware of any unauthorized use of your Bilaxy account and password by any person or any other violations to the security rules; b) you will strictly observe the security, authentication, dealing, charging, withdrawal mechanism or procedures of the website/service; and c) you will log out the website by taking proper steps at the end of every visit. Bilaxy shall not and will not be responsible for any loss caused by your failure to comply with this provision. You understand that Bilaxy needs reasonable time to take actions upon your request, and Bilaxy will not undertake any responsibility for the consequences (including but not limited to any of your loss) that have occurred prior to such actions.
3. Bilaxy Service
Through Bilaxy Service and other services provided by Bilaxy and its affiliates, members may post deal information, access to the pricing and dealing information of a deal and carry out the deal, participate in activities organized by Bilaxy and enjoy other information services and technical services. If you have any dispute with other members arising from any transaction on Bilaxy, once such dispute is submitted by one or both of you and the other member to Bilaxy for dispute resolution, Bilaxy shall have the right to make decision at its sole discretion. You hereby acknowledge and accept the discretion and decision of Bilaxy. You acknowledge and agree that, Bilaxy may, on requests from governmental authorities (including judicial and administrative departments), provide user information provided by you to Bilaxy, transaction records and any other necessary information. If you allegedly infringe upon any other’s intellectual rights or other legitimate interests, Bilaxy may provide the necessary ID information of you to the interest holder if Bilaxy preliminarily decides that the infringement exists. All the applicable taxes and all the expenses in relation to hardware, software, service and etc. arising during your use of the Bilaxy Service shall be solely borne by you. By using this service you accept that all trade executions are final and irreversible. By using this service you accept that Bilaxy reserves the right to liquidate any trades at any time regardless of the profit or loss position.
4. User’s Guide of Bilaxy Service
You hereby promise to observe the following covenants during your use of Bilaxy Service on Bilaxy: All the activities that you carry out during the use of Bilaxy Service will be in compliance with the requirements of laws, regulations, regulatory documents and various rules of Bilaxy, will not be in violation of public interests, public ethnics or other’s legitimate interests, will not constitute evasion of payable taxes or fees and will not violate this agreement or relevant rules. If you violate the foregoing promises and thereby cause any legal consequence, you shall independently undertake all of the legal liabilities in your own name and hold Bilaxy harmless from any loss resulted from such violation. During any transaction with other members, you will be in good faith, will not take any acts of unfair competition, will not disturb the normal order of online transactions, and will not engage in any acts unrelated to online transactions. You will not use any data on Bilaxy for commercial purposes, including but not limited to using any data displayed on Bilaxy through copy, dissemination or any other means without prior written consent of Bilaxy. You will not use any device, software or subroutine to intervene or attempt to intervene the normal operation of Bilaxy or any ongoing transaction or activities on Bilaxy. You will not adopt any action that will induce unreasonable size of data loading on the network equipments of Bilaxy. You acknowledge and agree: Bilaxy shall have the right to unilaterally determine whether you have violated any of the covenants above and, according to such unilateral determination, apply relevant rules and take actions thereunder or terminate services to you, without your consent or prior notice to you. As required to maintain the order and security of transactions on Bilaxy, Bilaxy shall have the right to close relevant orders and take other actions in case of any malicious sale or purchase or any other events disturbing the normal order of transaction of the market. If your violation or infringement has been held by any effective legal documents issued by judicial or administrative authorities, or Bilaxy determines at its sole discretion that it is likely that you have violated the terms of this agreement or the rules or the laws and regulations, Bilaxy shall have the right to publish on Bilaxy such alleged violations and the actions that having been taken against you by Bilaxy. As to any information you may have published on Bilaxy that allegedly violates or infringes upon the law, other’s legitimate interests or this agreement or the rules, Bilaxy shall have the right to delete such information without any notice to you and impose punishments according to the rules. As to any act you may have carried out on Bilaxy, including those you have not carried out on Bilaxy but have had impacts on Bilaxy and its users, Bilaxy shall have the right to unilaterally determine its nature and whether it constitutes violation of this agreement or any rules, and impose punishments accordingly. You shall keep all the evidence related to your acts on your own and shall undertake all the adverse consequences resulted from your failure to discharge your burden of proof. If your alleged violation to your promises causes any losses to any third party, you shall solely undertake all the legal liabilities in your own name and hold Bilaxyharmless from any loss or extra expenses. If, due to any alleged violation by you to the laws or this agreement, Bilaxy incurs any losses, is claimed by any third party for compensation or suffers any punishment imposed by any administrative authorities, you shall indemnify Bilaxyagainst any losses and expense caused thereby, including reasonable attorney’s fee.
5. Scope and Limitation of Liability
Bilaxy will provide Bilaxy Service at an “as is” and “commercially available” condition. Bilaxy disclaims any express or implied warranty with regards to Bilaxy Service, however, including but not limited to applicability, free from error or omission, continuity, accuracy, reliability or fitness for a particular purpose. Meanwhile, Bilaxy disclaims any promise or warranty with regards to the effectiveness, accuracy, correctness, reliability, quality, stability, completeness and timeliness of the technology and information involved by Bilaxy Service. You are fully aware that the information on Bilaxy is published by users on their own and may contain risks and defects. Bilaxy serves merely as a venue of transactions. Bilaxy serves merely as a venue where you acquire coin related information, search for counterparties of transactions and negotiate and conduct transactions, but Bilaxy cannot control the quality, security or legality of the coin involved in any transaction, truthfulness or accuracy of the transaction information, or capacity of the parties to any transaction to perform its obligations under the transaction documents. You shall cautiously make judgment on your own on the truthfulness, legality and effectiveness of the coin and information in question, and undertake any liabilities and losses that may be caused thereby. Unless expressly required by laws and regulations or any of the following circumstances occurs, Bilaxy shall not have any duty to conduct preliminary review on information data, transaction activity and any other transaction related issues of all users: Bilaxy has reasonable cause to suspect that a particular member and a particular transaction may materially violate the law or agreement. Bilaxy has reasonable cause to suspect that the activities conducted on Bilaxy by a member may be illegal or improper. You acknowledge and agree, Bilaxy shall not be liable for any of your losses caused by any of the following events, including but not limited to losses of profits, goodwill, usage or data or any other intangible losses (regardless whether Bilaxy has been advised of the possibility of such losses): use or failure to use Bilaxy Service. unauthorized use of your account or unauthorized alternation of your data by any third parties. expenses and losses incurred from purchase or acquisition of any data or information or engagement in transaction through Bilaxy Service, or any alternatives of the same. your misunderstanding on Bilaxy Service. any other losses related to Bilaxy Service which are not attributable to Bilaxy. In no event shall Bilaxy be liable for any failure or delay of service resulted from regular equipment maintenance of the information network, connection error of information network, error of computers, communication or other systems, power failure, strike, labor disputes, riots, revolutions, chaos, insufficiency of production or materials, fire, flood, tornado, blast, war, governmental acts or judicial orders. You agree to indemnify and hold harmless Bilaxy, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
6. Termination of Agreement
You hereby agree that, Bilaxy shall have the right to terminate all or part of Bilaxy Service to you, temporarily freeze or permanently freeze (cancel) the authorizations of your account on Bilaxy at Bilaxy’s sole discretion, without any prior notice, for whatsoever reason, and Bilaxy shall not be liable to you; however, Bilaxy shall have the right to keep and use the transaction data, records and other information that is related to such account. In case of any of the following events, Bilaxy shall have the right to directly terminate this agreement by cancelling your account, and shall have the right to permanently freeze (cancel) the authorizations of your account on Bilaxy and withdraw the corresponding Bilaxy account thereof: after Bilaxy terminates services to you, you allegedly register or register in any other person’s name as Bilaxy user again, directly or indirectly; the main content of user’s information that you have provided is untruthful, inaccurate, outdated or incomplete; when this agreement (including the rules) is amended, you expressly state and notify Bilaxy of your unwillingness to accept the amended service agreement; any other circumstances where Bilaxy deems it should terminate the services. After the account service is terminated or the authorizations of your account on Bilaxy is permanently froze (cancelled), Bilaxy shall not have any duty to keep or disclose to you any information in your account or forward any information you have not read or sent to you or any third party. You agree that, after the termination of agreement between you and Bilaxy, Bilaxy shall still have the rights to: keep your user’s information and all the transaction information during your use of Bilaxy Service. Claim against you according to this agreement if you have violated any laws, this agreement or the rules during your use of Bilaxy Service. After Bilaxy suspends or terminates Bilaxy Service to you, your transaction activities prior to such suspension or termination will be dealt with according to the following principles and you shall will take care of on your own efforts and fully undertake any disputes, losses or extra expenses caused thereby and keep Bilaxy harmless from any losses or expenses: Bilaxy shall have the right to delete, at the same time of suspension or termination of services, information related to any un-traded coin tokens that you have uploaded to Bilaxy prior to the suspension or termination. If you have reached any purchase agreement with any other member prior to the suspension or termination but such agreement has not been actually performed, Bilaxy shall have the right to delete information related to such purchase agreement and the coins in question. If you have reached any purchase agreement with any other member prior to the suspension or termination and such agreement has been partially performed, Bilaxy may elect not to delete the transaction; provided, however, Bilaxy shall have the right to notify your counterparty of the situation at the same time of the suspension or termination.