CoinFLEX – Physically Delivered Bitcoin Futures Trading – Terms of Service (as of 1st April 2019)

1. 本协定

1.1 These are the terms and conditions of an agreement (the “(以下简称“CoinFLEX”)”) between Liquidity Technologies Ltd. (“CoinFLEX”) a company incorporated under the International Business Companies Act of 2016 of the Republic of Seychelles with company number 208853 (“weourus”), who is the owner and operator of https://coinflex.com, a platform which allows you to trade in physically delivered futures on Cryptocurrencies (the “平台”) and each member of the Platform (“you”, “your”).

1.2 请确保您下载并保存本协议的副本以供存证。

1.3 This Agreement applies in conjunction with the Privacy Policy, Cookies Policy and Risk Policy of CoinFLEX.

1.4 Definitions

1.4.1 账户”是指您在我们平台进行的在线注册,您(i)在平台上注册和(i i)完成KYC以实现稳定币充值/提现时创建的账号;

1.4.2 “反洗钱文件”是指根据我们的反洗钱政策,要求用户提供的文件

1.4.3 “追回”是指我们强制减少加密货币余额(不多于您在平台上获得的盈利的价值);

1.4.4 “平仓 ”是指终止所有未平仓期货,自动偿还杠杆资金;

1.4.5 “交易对手”是指同意与您签订具有约束力的法律合同,通过平台购买或出售任何加密资产的用户;

1.4.6 “加密货币”是指本平台上支持的任何数字资产和/或 “稳定币” ,包括但不限于比特币、以太币、比特币现金、泰达币和USDC。

1.4.7 “资格标准” 指第3条规定的标准;

1.4.8 “法定货币”指任何国家政府发行的货币(如美元、欧洲欧元或英镑),但不包括任何可用于通过平台购买或出售的加密货币;

1.4.9 “期货”是指您与交易对手之间在未来特定时间以预定价格买卖加密货币的合同;

1.4.10 杠杆委托”是指由杠杆融资提供资金的委托;

1.4.11 “杠杆融资”是指临时期间超出您账户中可用加密货币余额的额外资金;

1.4.12 “杠杆融资限额”是指您在每个委托中可能拥有的最大杠杆融资金额;

1.4.13 “保证金”是指(i)您在账户中持有的稳定币和比特币(或我们不时选择作为适当抵押品的其他货币)的总价值,ii)您在以往仓位中的盈亏,以及 iii)您仍持有仓位的盈亏;

1.4.14 “保证金底线”为是时平台规定的持仓所需保证金的最小百分比;

1.4.15 “委托”是指用户在平台上买卖加密资产的任何指令;

1.4.16 “平台”是指我们不时发布的交易平台,包括但不限于 https://coinflex.comhttps://coinflex.trade.tt, and/or any of their subdomains;

1.4.17 “持仓限额”是指我方对贵方可不时提取的保证金数额所施加的最高限额;

1.4.18 “还款期”是指我方在结算任何未偿杠杆融资时不时规定的期限;

1.4.19 “标准账户”是指除电子邮件地址外不需要KYC的默认账户,且不启用稳定币账户存款/提现;

1.4.20 “TT” 指Trading Technologies International, Inc.及其附属公司。

1.4.21 “用户”指平台的任何成员。

资格

2.1  要使用本平台,您必须是:

2.1.1 An individual aged 18 years or older; 

2.1.2 A legal person (e.g. company or partnership)

2.2 In addition, you must warrant that:

2.3 Using CoinFLEX’s services does not constitute a breach of your home jurisdictions’ laws;

2.4 You are aware of the risks in using the services provided by CoinFLEX as outlined in our Risk Disclosure Warning Statement. These risks include the high volatility risk of cryptocurrency itself, the fact that you may lose all of the funds in your trading account if the market moves against you;

2.5 You will not be involved or initiate any form of market manipulation, including spoofing orders or otherwise;

2.6 If you request Stablecoin deposits/withdrawals and are classified as set out in clause 2.a.i, the information or documents you provide as part of any ID verification process are correct, genuine and up-to-date;

2.7 If you request Stablecoin deposits/withdrawals and are classified as set out in clause 2.a.ii, you can provide evidence of the identity of persons holding greater than a 25% beneficial interest and other related company information;

2.8 You are the legal owner of the funds you add to your account with CoinFLEX and that the same funds derive from a legitimate source;

2.9 Any cryptocurrency withdrawal address you provide is your own and that you have full control over this address;

为了确认您的资格,我们可能需要进行某些审查,并要求您提供某些文件,然后您才能访问平台。您必须向我们提供我们合理要求您提供的信息,并且您必须全面、真实地回答我们可能合理要求您的任何问题,以便完成这些审查。

2.9.1 如果您不符合本条款规定的资格标准,您必须在合理可行的情况下尽快通知我们。

2.9.2 We reserve the right to suspend or revoke your access to the Platform at any time without prior notice to you. If we suspend your profile, your Account or terminate your access to the Platform, then we may also close any open orders and administer a Close Out of any outstanding repayments of Leverage Funding at that time.

3. 注册/验证您的身份

3.1 如果您希望提交委托,而又符合资格标准,您首先可以注册成为用户。您可以通过提供电子邮件地址注册来获得一个标准帐户。

3.2 If you require deposits and/or withdrawals using Stablecoin, to comply with our legal/regulatory obligations, we will ask you to follow a two-step process to open an Account:

3.2.1 Submission of the Individual or Corporate Application which can be found on the Platform; 

3.2.2 Signing of the Certified Board Resolution document in the case of a Corporate Application.

3.3 Once we have received all of the required documentation and information as set out in clauses 3.a and 3.b, we may undertake certain additional compliance and security checks on you.

3.4 CoinFLEX reserves the right to verify your identity and/or the identity of your legal entity at any time for the purposes of complying with the Seychelles’ Anti-Money Laundering Act 2017.

3.5 Your data may be shared with qualified third parties in the course of anti-money laundering checks and other appropriate checks in order to provide Our services to you. Further details on information sharing may be found in Our Privacy Policy.

3.6 We may suspend any Account in the event that we suspect or have reason to believe you are engaged in suspicious trading or other activity or have breached any of the above warranties. In the event that we request additional information about you, we may suspend your Account until you provide this information to us and we will not be liable to you for any losses that result from such suspension. If you do not cooperate with our requests for further information or documentation during the suspension of your Account, we reserve the right to keep your Account in suspension indefinitely or to terminate your Account.

3.7 If we are satisfied that you comply with all applicable requirements, we will provide you with a verified account to access the Platform. For the avoidance of doubt, we may refuse to grant a verified account to any person without stating a reason.

4. 存款/提现

4.1 一旦我们为您开立了一个标准账户,并且该标准账户已经被激活,您将只能通过发送到我们提供给您的地址,将加密货币存入您的标准账户。

4.2 To enable Stablecoin deposits and withdrawals on your Standard Account, you will first have to provide extra information as set out in clause 3.b.

4.2.1 Following this verification confirmation, you will be able to deposit Stablecoin into your Account by sending it to the address we provide you with.

4.3 Any Cryptocurrency (including any Margin) you send in accordance with clause 4.a will be held within a storage solution managed by us and is not insured against loss.

4.4 You shall be permitted to withdraw Cryptocurrency credited to your Account on the Platform by making a withdrawal instruction via the Platform.

4.5 Where a withdrawal instruction is received by us in respect of Cryptocurrency, we shall credit such Cryptocurrency to the Cryptocurrency wallet you nominated on registration or subsequently agreed with us.

4.6 You warrant that you own and are fully responsible for any Cryptocurrency wallet you have notified to us for the purposes of receiving Cryptocurrency withdrawn from the Platform.

4.7 If you receive a deposit that you did not initiate, you must inform us at the first available opportunity after becoming aware of the deposit.

4.8 We cannot reverse a Cryptocurrency transaction which has been sent to a Cryptocurrency network.

4.9 We may suspend any deposit or withdrawal instruction without stating a reason. In the event that we request additional information about the transaction, we may suspend your deposit or withdrawal instruction until you provide this information to us and we will not be liable to you for any losses that result from such suspension.

4.10 You acknowledge that deposited and traded Cryptocurrency may be co-mingled with those of other Customers of CoinFLEX in the Client Account.

4.11 You acknowledge that CoinFLEX is under no obligation to pay interest on any funds held on your behalf in any account.

4.12 You may not use the Platform to store, send, request, or receive Cryptocurrencies (or other digital assets) which are not expressly supported by the Platform. If you attempt to send a transfer to our Platform of a cryptocurrency which is not supported by us, we are under no obligation to return such Cryptocurrency to you.

5. 支付

5.1 根据本协议向我方支付的所有款项均应全额支付,不得有任何抵消、反诉或扣减。

5.2 We shall make payments to you in full less our Commission (as defined on our Fees page) unless:

5.2.1 It is required by law to deduct sums in respect of taxation; 

5.2.2 It is or will be owed amounts which are incurred in respect of transfer charges that may be levied; 

5.2.3 You owe us amounts in respect of other Orders or Commission which have not been settled in accordance with this Agreement.

6. 平台交易

6.1 除非您有杠杆融资(在这种情况下,您可以使用的资金会等同于您的杠杆融资限额),否则在提交任何委托之前,您必须将加密货币贷记到您的帐户。在加密货币存入通知地址之前,我方不允许任何委托,也不承担因此类资金延迟到达而导致交易延迟或后续提现的责任。

6.2 If you have a sufficient balance of Cryptocurrency in your Account, you will be able to trade with other Users.

6.3 To open or close a trade on the Platform, you must submit an Order. Once you have submitted an Order we will attempt to match it with a User on the Platform that wishes to take the other end of the trade. We are under no obligation to accept or match any Order submitted by you, and we maintain discretion over whether any order is accepted, matched, or executed. There will be no contract between you and another User until the proposed trade has been approved by us.

6.4 Where an Order has not been matched, we may in our sole and absolute discretion cancel the Order.

6.5 We shall at all times be entitled to operate on the basis that each Order is correct and does not contain any errors (including in the case of manifest errors).

7. 对手方

7.1 如果您的委托与另一个用户成功匹配,则该用户将成为您在该交易中的对手。这将导致你和你的交易对手之间签订双边、场外交易合同。

7.2 We match all Users anonymously and do not provide Users with information about their Counterparties.

7.3 You can trade out of any of your open positions in the Futures by offering the reverse trade on the Platform, provided that there is a Counterparty for such trade.

7.4 If a User trades out of a trade in which you are their Counterparty, the User with whom they trade out of the trade will become your new Counterparty. You will not be notified if your Counterparty changes.

8. 仓位限制

8.1 我们将限制您对交易对手的敞口,对您可以在任何时间点使用的杠杆倍率施加最大限制。

8.2 When you first join the Platform, we will set our standard Position Limits for you. You can apply to have this position increased on an exemption basis, but we reserve the right to adjust your Position Limit upwards or downwards at any time.

9. TRADING ON MARGIN

9.1 CoinFLEX enables you to access Leverage Funding to place Leveraged Orders.

9.2 We do not charge any interest, fees or other charges to make Leverage Funding available to you.

9.3 We may determine the maximum amount of Leverage available to you and we will notify this to you in advance. Your maximum limit may be specified in your profile.

9.4 You may place any number of Leverage Orders, up to their maximum amount of Leverage Funding available.

9.5 When the amount of Leverage Funding remains outstanding:

9.5.1 The balance in your Account may show as negative; 

9.5.2 You will not be able to withdraw Cryptocurrency from your Account.

9.6 The full amount of each Leverage Funding must be repaid within the Repayment Period. We will treat the full amount as having been repaid when the full amount of the Leverage Funding has been credited to your Account.

9.7 It is your responsibility to ensure that any amount not yet repaid is credited to your Account within the Repayment Period. You can effect repayment by using either:

9.7.1 Proceedings resulting from a filled Order;

9.7.2 The return or release of Cryptocurrency held for an Order which has been cancelled or expired; 

9.7.3 Cryptocurrency deposited by you into your Account.

9.8 We may restrict withdrawals from your Account at any time that you have Leverage Funding outstanding or you are attempting to withdraw profits before a Futures contract has settled.

9.9 You must retain in your Account an amount equivalent to (or in excess of) the Margin Requirement (as notified to you from time to time).

9.10 For each Futures position and each open order to buy or sell Futures that would further increase your position size you need to provide Margin as published on the Platform from time to time to meet your Margin Requirement.

9.11 If the amount in your Account falls to or below the Margin Requirement, then we may close out your positions in accordance with clause 10.

10. 平仓清算

10.1 如果您不能满足您的保证金要求,或者如果在还款期到期时杠杆资金尚未偿还,那么我们可以自行决定取消您在期货中的未结委托和/或清算您在期货中的部分或全部未结仓位。在结算时我们将以最优价格在平台上清算所有仓位,并且您同意接受此价格。

10.2 If, after a Close Out, any part of the relevant Leverage Funding is not fully repaid, you remain liable to us for that amount. We reserve the right during this time to impose a Clawback in respect of some or all Users.

11. 非财务建议

11.1 我们可随时自行决定向您提供有关本平台实际使用的信息。

11.2 Notwithstanding any such information provided by Us, you acknowledge and agree that you enter into each Order of you own free will without reliance on any information provided by us and that such Order is at your own risk. You shall not be entitled to rely on Our for advice on the timing or terms of any Order.

11.3 You acknowledge and agree that the exchange rate between Cryptocurrencies varies regularly and will be affected by matters and events outside of your control or control of CoinFLEX.

12. 保证与告知

12.1 您保证:

12.1.1 You have full legal capacity to enter into this Agreement;

12.1.2 All Cryptocurrency deposited into your Account derive from legitimate/legal sources;

12.1.3 Using the Platform does not infringe any local laws of your country of residence;

12.1.4 If you are an individual, you are not acting on someone else’s behalf;

12.1.5 You only will apply for a single Account with us;

12.1.6 If you are a company, you are authorised to transact on behalf of your legal entity; 

12.1.7 You understand the risks associated with trading Futures.

13. 您的行为

13.1 通过使用本平台,您同意不上传、邮寄、发送电子邮件或以其他方式发送或传输任何含有病毒、特洛伊木马、蠕虫或任何其他旨在中断、破坏或限制与本平台相关的任何计算机软件、硬件或电信设备功能的计算机代码、文件或程序的材料。

13.2 You agree and undertake to keep your username and password confidential, not to disclose your password to any other person and not to permit any other person to log in to the Platform using your username and password. If you choose to share your credentials with a third party, you do so at your own risk.

13.3 You agree not to interfere with the servers or networks connected to the Platform or to violate any of the procedures, policies or regulations of networks connected to the Platform, including this Agreement.

13.4 You also agree not to:

13.4.1 Attempt to reverse engineer or sell, export, license, modify, copy, distribute or transmit the Platform to any third party, or jeopardise the correct functioning of the Platform, or otherwise attempt to derive the source code of the software (including the tools, methods, processes and infrastructure) that enables or underlies the Platform;

13.4.2 Attempt to gain access to secured portions of the Platform to which you do not possess access rights;

13.4.3 Impersonate any other person while using the Platform;

13.4.4 Conduct Yourself in a vulgar, offensive, harassing or objectionable manner while using the Platform;

13.4.5 Use the Platform to generate unsolicited advertisements or spam; 

13.4.6 Use any automatic or manual process to search or harvest information from the Platform, or to interfere in any way with the proper functioning of the Platform.

14. 我们的权利

14.1 为保护平台,我们保留以下权利:

14.1.1 Request from you proof of source of funds;

14.1.2 Confirm your control of your cryptocurrency address;

14.1.3 Monitor the activity of your account and transaction / usage behaviour both on and off the Platform to the limits of our ability to help execute our AML/CTF policies;

14.1.4 Suspend your Account due to repetitive losses and to assess the appropriateness of the Platform for you;

14.1.5 Suspend your Account due to suspected misuse of the Platform by you.

14.2 We reserve the right to use our own methods for calculation of open positions in the Futures, the Margin Requirement and Close Out. We change these methods from time to time (but we will notify you of any such change).

15. 知识产权

15.1 CoinFLEX和/或其许可方是平台的唯一所有者,包括通过平台提供的任何软件、域和内容。

15.2 The CoinFLEX brand, its graphics, logos, icons and service names related to the Platform and the Platform are protected by Seychelles copyright and other intellectual property laws. Without limitation, this means that you may not sell, export, license, modify, copy, distribute or transmit the Platform (or any part of it) or any material provided through the Platform without our prior express written consent.

15.3 Any unauthorised use of the Platform will result in the automatic termination of the limited license granted by us. We reserve the right to terminate the limited license without notice at any time following an unauthorised use by you of the Platform.

15.4 All other trademarks not owned by CoinFLEX that appear in connection with the Platform are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by CoinFLEX.

16. 安全性

16.1 虽然我们已经实施了商业上合理的技术和组织措施,以保护您的个人信息不被非法使用,但我们不能保证未经授权的第三方永远无法得知此类保护措施。您同意您提供个人信息的风险由您自己承担。

17. 电子通信

17.1 通过下载和/或使用平台和/或查看委托和/或通过平台下达任何委托,您同意接收来自CoinFLEX的电子通信和通知,您同意我们以电子方式给您发送的任何通知、协议、披露或其他通信均符合任何法律通信要求,包括书面来文。

18. 隐私

18.1 您通过平台注册帐户时向我们提供信息。我们还收集与您(例如关于您的使用和交易历史)以及平台客户一般相关的信息。您提交的或我们在使用平台时收集的任何信息均受CoinFLEX隐私政策的约束,隐私条款在此纳入本协议条款和条件中。

19. 赔款

19.1 您同意赔偿CoinFLEX及其关联公司及其各自的股东、董事、高级职员、雇员、代理人和商业伙伴,使其免受因您的违约行为而直接或间接引起的任何第三方索赔或诉因(包括合理的律师费和诉讼费)的损害,或您因违反本条款和条件和/或违反任何法律或任何第三方的权利。

20. 非保证和责任限制

20.1 平台按“现有”和“现状”原则提供服务。在法律允许的最大范围内,我们、我们的供应商、供货商以及TT放弃与平台有关的所有保证,包括但不限于对不侵权、所有权、适销性、平静受益权、信息质量和特定用途适用性的暗示保证。我们和TT均不保证平台将满足您的要求,您能够通过平台提交委托,或者平台的操作不间断或无错误,或者平台中的缺陷将得到纠正。我方或TT提供的任何口头或书面信息或建议均不构成任何额外保证或以任何方式增加我方或TT义务的范围。您负责确定平台或由此生成的信息是否准确或足以满足您的目的。

20.2 We reserve the right to deliver the Platform and to process Orders in our sole and absolute discretion, including the right to refuse to execute Orders, cancel or reverse already executed Orders in case of manifest or obvious error.

20.3 In no event shall we, TT or either of our or TT’s shareholders, directors, officers, employees or agents be liable (jointly or severally) to you for loss of use or any special, incidental, direct, indirect or consequential damages arising out of or in connection with the Platform, the placement by you of any Order, the delivery of any Cryptocurrency, the failure in whole or in part of the Platform or to deliver any Cryptocurrency or this Agreement, on any theory of liability, and whether or not advised of the possibility of damage.

20.4 Notwithstanding the foregoing, the entire liability for us and each of our affiliates, suppliers and vendors and TT (collectively) under this agreement for all damages, losses (including trading losses), and causes of action, whether in contract, tort (including negligence), or otherwise shall be limited to an amount equal to US$1.00.

20.5 We do not seek to exclude liability for death or personal injury caused by our negligence, or fraud or fraudulent misrepresentation on our part.

21. 终止

21.1 本协议无固定期限或最短期限,可由您或我们终止。您可以随时通过电子邮件联系我们来终止协议。 [email protected].

21.2 We may terminate this Agreement (and close your Account) at any time and for whatever reason upon giving you 7 days’ notice.

21.3 We may terminate this Agreement (and close access to your Account) immediately if:

21.3.1 You are in breach of this Agreement;

21.3.2 If we reasonably suspect criminal or fraudulent activity; and

21.3.3 We would break the law by continuing this Agreement.

21.4 If We terminate this Agreement, we’ll tell you our reasons for doing so (unless the law prevents us from doing so).

21.5 Upon termination, all of your Orders will be cancelled and all of your rights and obligations will be subject to Close Out in accordance with Clause 10. If your Account has a negative balance, you will remain liable to us for any amounts outstanding.

22. 一般

22.1 未经我方事先明确书面同意,贵方不得以任何其他方式转让、转交、收费、分包或交易本服务条款下贵方的所有或任何权利。我们可以转让我们在本协议项下的任何权利和(经您同意)我们在本协议项下的义务。

22.2 This Agreement is between you and us. No person shall have any rights under or connection with this Agreement under the Contracts (Rights of Third Parties) Act 1999.

22.3 The parties agree that we shall perform our duties under this Agreement as an independent contractor. Nothing contained herein shall be deemed to establish a partnership, joint venture, association, or employment relationship between the parties. Personnel employed or retained by us who perform duties related to this Agreement shall remain under our supervision, management, and control.

22.4 The parties hereby acknowledge and agree that TT is an intended third party beneficiary of the Agreement with respect to your representations, warranties, covenants, obligations, waivers, assumptions and indemnities as well as our and TT’s liability limitations. Otherwise, the parties are the sole parties to this Agreement which is personal to them and acknowledge that they do not hold the benefit of any provisions on behalf of third parties and that no third parties shall have the benefit of any provisions of this Agreement or any right to enforce the same.

22.5 If any court or competent authority decides that any term of this Agreement is held to be invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.

22.6 Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.

22.7 Our or TT’s failure to enforce any term of this Agreement shall not constitute a waiver of that or any other provision and will not relieve you from the obligation to comply with such provision.

22.8 We will send you notices to the email address you provided in your Account. These will be deemed to be delivered to you if we do not receive a failed delivery message. You must send your notices to [email protected].

22.9 We shall not be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of our obligations under this Agreement if such delay or failure result from events, circumstances or causes beyond our reasonable control.

22.10 This Agreement set forth the entire understanding and agreement between you and us with respect to the subject matter hereof.

22.12 This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Republic of Seychelles.

22.13 You irrevocably agree that the courts of the Republic of Seychelles shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or their subject matter or formation (including non-contractual disputes or claim