For how to use the Platform and sell/purchase the Digital Assets, please refer to FAQ) for further details.
1. ACCEPTANCE OF AGREEMENT
Under the laws applicable to you to access and use the Services and this Site, it is assumed that you agree to the Agreement and represent and warrant that you:
- (1) are at least 20 years of age, or at least the minimum age required by applicable law such that the Services may be lawfully provided to you without parental consent;
- (2) agree to the Agreement (and are legally capable of doing so);
- (3) do not reside in and are not a citizen of a country with which United States persons are prohibited from doing business (e.g. countries subject to sanctions as identified by The Office of Foreign Assets Control of the U.S. Department of the Treasury), and you are not a person or legal entity identified in the Specially Designated Nationals And Blocked Persons List ("SDN List");
- (4) do not reside in and are not a citizen of the United States or other countries where accessing and/or using the Services is prohibited; are not prohibited by relevant applicable laws and regulations from accessing and/or using the Services;
- (5) have not previously been suspended or removed from the Site;
- (6) own all Digital Assets used by you in connection with the Platform (or such Digital Assets are those with which you are able to carry out authorized transaction);
- (7) have all necessary authorizations and consents to carry out all transactions initiated from your Account;
- (8) have provided true, accurate, and complete information in creating your Account(s); and
- (9) have reviewed the risk disclosure statement contained in the Agreement, and consent to the bearing of all risks described therein.
If you are not qualified as above, please do not access or use the Services and this Site, otherwise you and your parents or legal guardian shall be responsible for all legal and financial responsibility and liabilities resulting therefrom, and Machi X shall have the right to claim against you and your parents or legal guardian for damages caused to Machi X as a result of such access or use. In addition, Machi X shall have the right to suspend, cancel, or terminate your user account and may block transactions or freeze funds under your Account.
4. ACCOUNT REGISTRATION AND SECURITY
- (1) In order to use certain functions or features of the Services and this Site, you are required to register the Account with Machi X at first, and the Account will make you a registered user for accessing the Services and this Site after you complete additional activation procedures. Please note that your registration with Machi X will be governed by the Agreement between Machi X and you.
- (2) During the registration process with Machi X and the subsequent activation of your Account at Machi X, you will be required to provide certain personal information, including, but not limited to: your name, telephone number, address, e-mail address, date of birth, passport number/government identification number and establish your Account and a password. Machi X utilizes certain KYC verifications procedures during your activation and subsequent access to or use of the Services and this Site. Your access to the Services, and limits including, without limitation to, daily or weekly limits on deposit, withdrawal and trading limits may be based on the identifying information and/or proof of identity you provide to Machi X and is subject to Machi X’s sole discretion. For the purpose of the Agreement, “Affiliates” means, with respect to any entity, any other entity that directly or indirectly controls or is controlled by, or under direct or indirect common control with, such entity, and for the purpose of this definition the term “control” (including the terms “controlling,” “controlled by” and “under common control with”) means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of an entity, whether through the ownership of voting securities, by contract or otherwise.
- (3) By activating your Account or accessing the Services and this Site, you are deemed to agree to:
- provide accurate, current and complete information about you and promptly update such information thereafter to keep it accurate, current and complete;
- maintain the security of your identification;
- accept all risks arising out of inaccurate, outdated or incomplete information; and
- irrevocably grant Machi X and its Affiliates and the government authorities in Taiwan, your personal information and other information in relation to your Account, including but not limited to your instructions and records in Trade(s).
- (4) Your Account consists of a digital asset wallet (“WALLET”) provided by Machi X.
- (5) You hereby authorize Machi X to, directly or through third parties, including but not limited to its Affiliates, telecommunication companies or banks (if applicable) make any inquiries we consider necessary to verify your identity and/or protect against fraud, including to query identity information contained in public reports (e.g., your name, address, past addresses, or date of birth), to query and verify your account information and to take action we reasonably deem necessary based on the results of such inquiries and reports. You further authorize any and all third parties to which such inquiries or requests may be directed to fully respond to such inquiries or requests.
- (6) Machi X reserves the right, at its sole discretion, (a) to refuse your registration or activation with the Services and this Site; (b) to limit the number of Account that a single user may establish or maintain; (c) to suspend, restrict, or terminate your access to any or all of the Services and/or this Site when Machi X suspects that you violate the Agreement or you engage in any inappropriate conduct or behavior; and (d) deactivate or cancel your Account and remove all content available on or through this Site (collectively, the “Content”), including but not limited to those posted, uploaded, shared, submitted or made by you, other users of Services and this Site or Machi X ) submitted under the Account without prior notice and at our sole discretion if (i) any information provided during the registration process or later is inaccurate, not current or incomplete; (ii) activities or actions under your Account is alleged to be infringing the Agreement or other agreements between you and Machi X or falling under Prohibited Use set forth herein; (iii) a dispute has arisen between you and Machi X that remains pending in a legal or judicial proceeding; or (iv) activities or actions under your Account is alleged to be infringing our Anti-Fraud, Anti-Money Laundering and Counter Terrorist Policies or applicable law.
- (7) You should be responsible for your Account security, including, but not limited to maintaining adequate security and control of any and all IDs, passwords, API keys or any other codes that you use to access to or associate with the Services and this Site. When creating your user ID and password, please do not use easily identifiable or predictable information such as your birthday, telephone number or a recognizable part of your name. You must not share your Account or password with any other third party, knowingly or accidentally share, provide or make your Account or password available to any other third party, or otherwise enable any other third party to access or decipher your Account or password. In addition, you shall take necessary and reasonable measures to and due care in keeping your Account and password confidential and preventing your Account and password from being used by any other third party. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your Account by third-parties and the loss or theft of any Digital Asset and/or funds held in your Account and any associated accounts (if any). Since you are the owner of your Account and password, and you are responsible for taking necessary and reasonable measures to keep your Account and password confidential, you agree to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions, except to the extent that you are able to prove that a third party is able to tamper with your Account by unauthorized access of our IT systems due to system deficiencies of Machi X. If you believe your Account and password may have been disclosed to any third party, or is lost or stolen or unauthorized transactions may have been conducted, you are responsible for notifying Machi X immediately.
5. ANTI-FRAUD, ANTI-MONEY LAUNDERING AND COUNTER-TERRORIST
Machi X and its Affiliates implement certain Anti-fraud, Anti-Money Laundering and Counter-Terrorist policies and procedures (“Anti-Fraud, Anti-Money Laundering and Counter-Terrorist Policies”). Therefore, Machi X and its Affiliates insist on a comprehensive and thorough customer due diligence process, implementation, ongoing analysis, and reporting. This includes monitoring of suspicious transactions and compulsory or voluntary reporting to regulators. It is necessary for Machi X to keep certain information and documentation in file in accordance to applicable laws and policies and to fulfill contractual obligations to third parties; Machi X hereby expressly reserves the right to keep such information and documentation and to disclose such information and documents to government authorities. Also, for the purpose of the Anti-Fraud, Anti-Money Laundering and Counter-Terrorist Policies, Machi X reserves the right to determine, in its sole discretion, the appropriate verification level and criteria and the right to downgrade Users without prior notice, and may, from time to time, implement policies restricting verification levels and criteria by nationality, country of residence, or any other factor, whether or not due to change in laws and regulations.
6. RISK STATEMENT
You agree that you fully understand the risks involved in trading of Digital Assets, and you take solely personal responsibility for checking the legal status and requirements of related authorities. The risks include, but are not limited to, the followings:
- (1) Digital Assets are not Fiat Currency. You have the sole responsibility to understand the nature and risks of the Digital Assets before you decide to hold, purchase, or sell Digital Assets. Also, the relevant legal obligations of Digital Assets may change due to the legal status.
- (2) There is no guarantee that any person will accept any Digital Asset as payment for goods or services and that the use or transaction of Digital Assets may be expressly prohibited by legislation in a particular jurisdiction. You acknowledge and agree that Machi X is not responsible for determining whether or which laws, rules, or regulations apply or may apply to your transactions (including, without limitation, any anti-money laundering laws, securities laws and tax laws). You acknowledge and agree that you are solely responsible for compliance with all such laws rules, or regulations as may be applicable to your transactions.
- (3) The value of Digital Assets can fluctuate dramatically, so you shall be aware of this before you decide to hold, purchase or sell Digital Assets.
- (4) All information technology systems, personal computers, mobile phones, internet websites and/or any other devices can potentially be subject to cybersecurity or unwarranted intrusion or breach by malicious hackers, virus, trojan horse, code or other means (collectively, "Cyberattack"). In the event of any Cyberattack on the Platform, your Account and Digital Assets may be adversely affected. While this Site endeavors to control the risk in a reasonable manner, there is no guarantee that the risk can be completely alleviated, and neither Machi X nor any of its affiliates makes any guarantee that it may foresee, present, mitigate, or take corrective action in the event of such Cyberattack. Furthermore, this Site cannot control for the security of computers, mobile phones, terminals or any other devices used by you to access our website, and you are solely responsible for making sure that they are secure at all times.
- (5) The risks associated with using the Platform, the Services and this Site may include, without limitation, malfunction or delay of transmission arising from any failure in any computer facility, hardware, software, and Internet connection, which may lead to delays or failures of this Site. You further acknowledge that it is in the nature of telecommunication and Internet services that instructions given by you may not be properly received by Machi X. Further, instructions by telecommunication and Internet services may be read or be made known to unauthorized persons. You hereby agree that the risk of misunderstanding and errors shall be borne by you, and, to the extent permitted by law, neither Machi X nor any of its affiliates shall be liable for any loss/liability damages arising from such misunderstanding or errors in transmission.
Whether you are suitable to engage in the purchase or sale of Digital Assets will depend on your personal financial situation and tolerance for risk. By using the Services and this Site, you agree that you demonstrate full awareness of the related risks and considerations and waive any and all claims against Machi X and its Affiliates for all losses or damages that may arise from your purchase or sale of Digital Assets.
7. DEPOSITS; ORDERS, TRADES AND FEES
Please refer to FAQ for further details.
To the greatest extent permitted by law, none of the fees or any other payments made by you to Machi X under this Agreement may be refunded under any circumstances, including but not limited to the termination of this Agreement for whatever reason.
8. OWNERSHIP; GRANT; RESTRICTIONS ON GRANT
- (1) You acknowledge and agree that Machi X hereby grants you a limited, non-transferable and non-exclusive rights, subject to the Agreement, to access and use the Services, the Content, and this Site solely for your personal and non-commercial purposes and that Machi X retains ownership of all right, title and interest to the Services, the Content, and this Site, and the intellectual property rights therein and thereto (including without limitation, all patent rights, design rights, copyrights, trademarks, and trade secret rights) subject to the license granted in this Article 8. You acknowledge and agree that, Machi X may, on the basis of factors such as operating cost, marketplace, and the security of transaction, or at the request of the government authorities, set and adjust the minimum and maximum amount for use of any or all Services, and charge transaction fees as a result thereof.
- (2) This Site and the Content may not always be entirely accurate, complete or up-to-date and may also contain technical inaccuracies or typographical errors. You should verify all information before relying on them, and all decisions based on information contained on this Site are your sole responsibility and we shall not be liable for such decisions. You acknowledge and agree that Machi X is not responsible for any information, content, or services contained in any third-party materials or on any third-party websites.
- (3) Unless otherwise specifically permitted under the Agreement, you may not:
- (a) copy, imitate, develop or reproduce the Services, this Site, or the Content, including but not limited to: the model, design, interface, appearance and layout;
- (b) create any derivative works of any Services, this Site, or the Content, including without limitation the model, design, interface, appearance and layout;
- (c) reverse engineer, decompile, or disassemble or otherwise attempt to derive the source code for any part of the Services and this Site;
- (d) disseminate malicious software, programs, virus, worm or in any other manners that destroys or crashes the Services and this Site;
- (e) distribute, transfer, sell, rent, lease, sublicense, or grant your Account to any other third party;
- (f) copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part;
- (g) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols, or labels in the Services and this Site;
- (h) use, access or tamper with non-public areas of the Services and this Site, Machi X’s computer systems, or the technical delivery systems of Machi X’s providers;
- (i) probe, scan, or test the vulnerability of any Machi X system or network or breach or circumvent any security or authentication measures;
- (j) access or search the Services and this Site or download Content from Services and this Site by any means (automated or otherwise) other than through the currently available interfaces that are provided by Machi X (and only pursuant to those terms and conditions) or other generally available third party web browsers;
- (k) forge any [TCP/IP] packet header or any part of the header information in any email or posting, or in any way use the Services and this Site to send altered, deceptive, or false source-identifying information;
- (l) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Machi X or any of Machi X’s providers or any other third party (including another user) to protect the Services and this Site or Content; or
- (m) interfere with or disrupt (or attempt to do so) the operation of the Services and this Site, the access of any user, host or network by any means or interfere with or create an undue burden on the Services and this Site.
- (4) In connection with your use of the Services and this Site, and your interactions with other users, and third parties you agree and represent you will not engage in any action or activity as set forth in Article 8.3 and Article 9.1 herein (collectively “Prohibited Use”). Machi X reserves the right at all times to monitor, review, retain, and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process, or governmental request.
- (5) To the extent permitted by law, Machi X reserves the right to cancel and/or suspend your Account and/or block transactions or freeze funds immediately at any time for any reason including but not limited to in the event that Machi X determines, in our sole discretion, that your user account is associated with any Prohibited Use or is on suspicion of violation of the Agreement or any Anti-Fraud, Anti-Money Laundering and Counter-Terrorist Policies. To the extent permitted by law, termination of your Account or the Services may not come with prior notice. You may not create another account on our Platform without prior written consent given by Machi X.
- (6) Suspension, cancellation, or termination of your Account shall not affect the payment of fees or other amounts you owe to Machi X. To the extent permitted by law, Machi X reserves the right, in our sole discretion, to retain your remaining Digital Assets, tokens and any other properties in your Account (the “Remaining Assets”) until Machi X completes the account closing and clearing procedure for your Account, and Machi X is entitled to set off the Remaining Assets against any outstanding liabilities payable by you to Machi X. Please note that in the event there is any suspected involvement in Prohibited Use, illegal activity, dispute or breach of the Agreement regarding your use of the Services or your Account, Machi X may, to the extent permitted by law, retain the Remaining Assets even for a longer period until the relevant legal or dispute resolution proceeding completes. You hereby agree that, to the extent permitted by law, Machi X shall not be held liable for any loss or damages (including price fluctuations) arising from or related to Machi X’s exercise of our rights to retain and/or set off the Remaining Assets hereunder. In the event that your Account is suspended, canceled, or terminated, we will immediately cancel all open orders associated with your Account, block all withdrawals and bar the placing of further orders.
9. MEMBER CONDUCT
- (1) You agree not to use the Services and this Site to:
- (a) upload, post, transmit, distribute or otherwise make available any Content that is illegal, offensive, threatening, abusive, harassing, pornographic, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
- (b) promote discrimination, racism, hatred, harassment or harm against any person or group;
- (c) impersonate any other third party or falsely state or otherwise misrepresent your affiliation with any other third party;
- (d) upload, post, transmit, distribute or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- (e) upload, post, transmit, distribute or otherwise make available any Content that violates any patent, trademark, trade secret, copyright, or other proprietary rights of any other third party;
- (f) upload, post, transmit, distribute or otherwise make available any unsolicited or unauthorized advertising, promotional materials, spam, pyramid schemes, or any other form of solicitation;
- (g) upload, post, transmit, disseminate or otherwise make available any material containing software viruses, malicious software, programs, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- (h) disobey, violate or disregard, to the extent applicable to you, any code of conducts, requirements, procedures, policies, or regulations of the Services and this Site;
- (i) intentionally or unintentionally violate or encourage any conduct that would violate any applicable local, state, national or international law;
- (j) promote, encourage or engage in terrorism violence or financial contribution to terrorism;
- (k) stalk or otherwise harass other users of the Services and this Site;
- (l) collect or store personal data about other users of the Services and this Site without their prior express consent or permission; and
- (m) encourage, enable, or assist any other third party to do any of the foregoing.
- (2) You acknowledge, consent, and agree that Machi X may access, preserve or disclose your Machi X Account information and Content if required to do so by applicable laws or if Machi X believes in good faith that such access, preservation, or disclosure is reasonably necessary to:
- (a) comply with legal process;
- (c) comply with the request from law enforcement, tax authority or any other government bodies;
- (d) respond to your requests for customer service;
- (e) detect, prevent, or otherwise address fraud, security or technical issues;
- (f) protect the rights, property or personal safety of Machi X, the users of Services and this Site, and the public.
- (1) “Feedback” includes ideas, proposals, questions, complaints or feedback that you submit to Machi X regarding Services and this Site via our email [email protected] When you contact Machi X, please provide us with your account name, your real name, address, and any other information Machi X may need to identify you.
- (2) If you give Machi X Feedback, you grant to:
- (a) give Machi X, without charge, the right to use, share, and commercialize your feedback in any way and for any purpose;
- (b) grant the third parties, without charge, any patent rights necessary for their products, technologies, and services to use or interface with any specific parts of any Microsoft software or service that includes the feedback.
- (3) For any Feedback you submit to Machi X, you represent and warrant that:
- (a) you have the right to disclose such Feedback to Machi X and that such disclosure does not violate the rights of any other person or party;
- (b) such Feedback does not contain any other third party’s confidential or proprietary information;
- (c) Machi X is not under any obligation of confidentiality, express or implied, with respect to Feedback;
- (d) Machi X shall be entitled to use or disclose (or choose not to use or disclose) such Feedback for any purpose, in any way, in any media worldwide;
- (e) to the extent permissible by law, such Feedback automatically become the exclusive property of Machi X without any obligation of Machi X to you; and
- (f) you are not entitled to any compensation or reimbursement of any kind from Machi X under any circumstances.
You will indemnify and hold harmless Machi X from and against any claims, losses, expenses and liabilities arising from a breach by you of the foregoing representation and warranty.
- (4) Please inform Machi X immediately if you experience or encounter any problems on Services and this Site so that it can be corrected or improved accordingly. To submit your requests and issues, please contact Machi X at [email protected].
10. IDEA, PROPOSAL OR FEEDBACK
You are fully responsible for determining whether, and to what extent, any taxes apply to any transactions you conduct through the Services or this Site. Your transaction history is available through your Account. Machi X will submit your personal information and/or your transaction history in the request of tax authorities.
12. LINKS TO OTHER WEBSITES
- (1) This Site may contain links to websites controlled or offered by third parties (other than Machi X and its Affiliate). Such links are provided only as a convenience and Machi X does not imply any endorsement or recommend any products or services offered by or information contained in any of these third-party sites. Machi X hereby disclaims all liability for all information, materials, products or services posted, offered or accessible at any of the third-party sites linked to this Site. Machi X shall not be responsible for the content on or privacy practices of third party sites linked to from the websites. You acknowledge that you should bear sole responsibility for and assume all risks arising from your use of any such websites or resources. By using the Services and this Site, you expressly release Machi X from any and all liability arising from your use of any third-party website or online resources. Accordingly, you shall be aware when you leave the Services and this Site and to review the relevant terms of each website that you may visit.
- (2) Since Machi X does not support any transactions generated from any smart contracts, you acknowledge that you shall bear sole responsibility for and assume all risks arising from your use of any smart contracts and you expressly release Machi X from any and all liability arising from your use of any smart contracts.
13. DISCLAIMER AND LIABILITY
- (1) THE SERVICES, THIS SITE, AND THE CONTENT PROVIDED UNDER THE AGREEMENT MAY CONTAIN CERTAIN ISSUES THAT HAVE NOT BEEN IDENTIFIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES, THIS SITE, AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. YOU SHOULD USE THE SERVICES, THIS SITE, AND THE CONTENT WITH CAUTION, TO MAKE THE NECESSARY VERIFICATIONS AND USE YOUR OWN JUDGEMENT. INFORMATION RECEIVED VIA MACHI X SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL, OR FINANCIAL DECISIONS. TO THE FULLEST EXTENT PERMITTED BY LAW, MACHI X MAKES NO WARRANTY THAT MACHI X WILL CONTINUE TO OFFER OR MAKE AVAILABLE SERVICES, THIS SITE, AND THE CONTENT, INCLUDING WITHOUT LIMITATION ANY PARTICULAR FUNCTION FOR ANY PARTICULAR LENGTH OF TIME AND MACHI X RESERVES THE RIGHT TO PERIODICALLY ADD CHANGE, IMPROVE OR UPDATE THE SERVICES, THIS SITE, AND THE CONTENT WITHOUT NOTICE TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, MACHI X HEREBY DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE SITE CONTENT. YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS ASSOCIATED WITH, YOUR ACCESS, LINK TO AND USE OF THIS SITE AND THE SITE CONTENT. TO THE FULLEST EXTENT PERMITTED BY LAW, MACHI X ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, IMPROPER DELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTING.
- (2) YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, EVEN IF MACHI X HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS, MACHI X, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OR ANY OTHER COMPANY OR INDIVIDUAL INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, THIS SITE, OR CONTENT (“MACHI X AND AFFILIATED PARTIES”) SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. LOSSES ARISING FROM OR RELATING TO TECHNICAL DIFFICULTIES OF THE APP, THE PLATFORM, OR THE SERVICE).
- (3) YOU UNDERSTAND AND AGREE THAT:
- (a) THE PLATFORM PROVIDED BY MACHI X IS A MARKETPLACE THAT ALLOWS REGISTERED USERS TO BUY AND SELL DIGITAL ASSETS;
- (b) AS A MARKETPLACE, MACHI X DOES NOT SET THE PRICES FOR THE DIGITAL ASSETS;
- (c) AS A MARKETPLACE, MACHI X DOES NOT OWN THE DIGITAL ASSETS;
- (d) MACHI X MAKES NO WARRANTIES WITH RESPECT TO THE CONTENT, ACTIONS OR INACTIONS OF ANY OTHER REGISTERED USERS AND/OR THIRD PARTIES; AND
- (e) MACHI X MAKES NO WARRANTIES WITH RESPECT TO THE DIGITAL ASSETS OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED.
- (4) TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE LIABILITY OF THE MACHI X AND ITS AFFILIATES (AND THOSE THAT THE COMPANY WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT EXCEEDING THE US/NT DOLLAR VALUE OF THE DIGITAL ASSET ON DEPOSIT IN YOUR MACHI X ACCOUNT AT THE TIME OF THE OCCURRENCE OF SUCH ORDINARY NEGLIGENCE, GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, AS THE CASE MAY BE.
- (5) WITHOUT LIMITING TO THE GENERALITY OF ARTICLE 13, MACHI X AND AFFILIATED PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGE OR LOSS IN RELATION TO OR ARISING FROM ANY SUSPENSION, DELAY, OR FAILURE OF TRANSFER OF THE DIGITAL ASSETS BETWEEN THE TRADING COUNTERPARTIES’ WALLET IF SUCH SUSPENSION, DELAY, OR FAILURE IS THE CONSEQUENCE OF ONE OF THE FOLLOWING EVENTS: (A) YOUR VIOLATION OF THE AGREEMENT; AND (B) YOU FAIL TO COMPLETE THE VERIFICATION SET FORTH IN ARTICLE .
- (6) YOU ACKNOWLEDGE AND AGREE THAT, MACHI X AND AFFILIATED PARTIES WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS THAT IS NOT REASONABLY FORESEEABLE.
To the extent permitted by applicable law, you agree to defend, indemnify and hold Machi X, its parent corporation, officers, directors, employees and agents harmless, from and against any and all claims, liabilities, damages, losses, and expenses, including, but not limited to, reasonable legal and accounting fees, arising from: (a) your violation of laws, regulations, and the Agreement; (b) your use and misuse of the Services and the Platform; (c) dispute with any other user of Machi X or this Site; or (d) your violation of any third-party right, including but not limited to any intellectual property, confidential information or privacy right. This defense and indemnification obligations shall survive the termination or expiry of the Agreement or your use of the Services and this Site.
15. THE REGULATIONS ON REASONABLE MATTERS AS EXCEPTIONS TO RESCIND THE DISTANCE SALES
The services and this Site are the reasonable matters that the provision of digital content that is not provided on a tangible medium, or online services which would be fully delivered once begun, with the prior consent of the consumer. Therefore, in accordance with the Paragraph 2, Article 19 of the Consumer Protection Act of Taiwan, the right to rescind under the Paragraph 1, Article 19 of the Consumer Protection Act of Taiwan shall not apply to the Services and this Site.
16. GENERAL PROVISIONS
- (1) No Class Action
To the extent permitted by law, you and Machi X may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any alleged class, representative, consolidated or multi-claimant proceeding.
You and Machi X each waive any right to a jury trial.
- (2) Modifications.
Machi X reserves the right, at its sole discretion, to modify, discontinue or terminate the Services and this Site or to amend this Agreement, at any time and without prior notice. If a revision significantly reduces your rights, we will notify you (by, for instance, posting on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Agreement.
- (3) No Advice or Brokerage.
Machi X does not provide any investment, financial, tax, or legal advice, or advice on trading techniques, models, algorithms, or any other schemes, nor does Machi X broker trades on your behalf. You are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you on the basis of your personal investment objectives, financial circumstances and risk tolerance.
- (4) Entire Agreement.
The Agreement constitutes the entire understanding between you and Machi X and governs your use of Services and this Site and any prior or contemporary representations, whether oral or written are hereby superseded.
- (5) Assignment.
Unless otherwise stated herein, you may not assign any of your rights under the Agreement, and any such attempt will be void. Machi X may assign or transfer its rights to any of its affiliates or subsidiaries, or to any successor in the interest of any business associated with the Services at its sole discretion, without restriction. Subject to the foregoing, the Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
- (6) Waiver and Severability.
Machi X 's failure to enforce a provision is not a waiver of its right to do so later. In case any one or more of the provisions contained in the Agreement is for any reason held to be invalid or unenforceable in any respect, the remaining provisions of the Agreement and the remaining portion of any provision held invalid or unenforceable in part shall continue in full force and effect.
- (7) Change of Control.
In the event that Machi X is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.
- (8) Survival.
All representations, warranties, covenants and agreements of the Agreement which by their nature extend beyond the expiry or termination of the Agreement, including, without limitation, articles relating to suspension or termination shall survive the termination or expiry of the Agreement.
- (9) Governing Law and Jurisdiction.
The Agreement is governed by the laws of [Republic of China], without regard to its conflict of laws principles. Any claim or dispute arising out of, relating to or in connection with the Agreement, or the breach, termination or invalidity thereof, shall be decided exclusively by a court of competent jurisdiction located in [Taipei District Court].
- (10) Force Majeure.
Machi X shall have no obligation to perform the Services if its failure to do so is caused by or results from any act of God, governmental action, terrorists, civil disturbance, war, strike or other labor dispute, natural disaster or Internet services or network service providers, failure of equipment and/or software, rapid price fluctuation of any given supported Digital Assets, or any other cause or circumstance, whether similar or dissimilar to the aforementioned causes or circumstances, beyond the reasonable control of Machi X.
17. CONTACTING MACHI X