Welcome to XchangeOn, a digital asset trading and information intermediary service platform operated by XchangeOn. By accessing or using the Platform, you agree to be bound by this Agreement. Please read these terms carefully before using the Platform.
Agreement: This includes this Service Agreement, the Privacy Policy, Rules against Money Laundering and Terrorism Financing, and any other rules, statements, and guidelines released or published on the Platform.
Force Majeure: This includes events beyond the control of the Platform, such as maintenance of information network equipment, failures of computer systems, weather, accidents, government actions, and other unforeseen circumstances.
Affiliate(s): Companies directly or indirectly controlled by another company, or under significant influence of another company.
Intellectual Property Rights: Rights related to intellectual property, as defined under Article 88 of this Agreement.
1. All codes or statutes cited in this Agreement refer to the latest amended version, regardless of the date of amendment.
This ensures that the most current regulations and guidelines are followed in the interpretation and application of this Agreement.
2. Headings in this Agreement are for convenience and do not affect the interpretation of the terms.
The headings provide a quick reference point but do not alter the meaning or interpretation of the clauses they precede.
3. The term “include” always has the same meaning unless otherwise stated in this Agreement.
This ensures that the scope of the term is broad and not restrictive in its application.
**4. In case of conflict between documents, the priority order is:
Other agreements, rules, and guidelines implemented from time to time.**
5. In case of inconsistency between language versions, the English version prevails.
This ensures consistency and clarity in the interpretation of this Agreement across different language versions.
1. XchangeOn is an information intermediary service platform (website: www.XchangeOn.io) providing digital asset trading and related services.
This defines the nature of the services provided by XchangeOn through its platform.
2. Before registering, users must read and understand this Agreement. By registering, users agree to the terms and any amendments made by the Platform.
This establishes the user's responsibility to familiarize themselves with the terms of this Agreement before using the Platform.
3. The Platform may amend this Agreement at any time. Continued use of the Platform after amendments constitutes acceptance of the changes.
This informs users that the terms of this Agreement are subject to change and that their continued use of the Platform indicates acceptance of these changes.
4. Notices, agreements, and announcements may be delivered electronically or by post.
This specifies the methods by which the Platform may communicate important information to users.
1. Users must register with the Platform before accessing services.
This outlines the requirement for users to create an account with the Platform in order to access its services.
2. Individuals must be at least 18 years old or have full legal capacity to register. Legal entities must designate a representative meeting the above criteria.
This establishes the eligibility criteria for individuals and legal entities to register and use the Platform.
3. Legal entities must designate a representative meeting the criteria in the previous article to register on their behalf.
This ensures that legal entities designate a responsible individual to represent them in their interactions with the Platform.
4. By clicking “agree to register,” users agree to this Agreement on their own behalf or on behalf of the organization they represent.
This confirms that users agree to abide by the terms of this Agreement when registering an account with the Platform.
5. Users must provide accurate information, including name, email, mobile number, nationality, and ID card number.
This ensures that the information provided by users is accurate and up-to-date.
6. Users may be required to provide additional information to comply with local regulations.
This informs users that additional information may be required to comply with relevant laws and regulations.
7. Users must use the Platform for legal purposes, provide truthful information, ensure funds are from legal sources, maintain updated profiles, and comply with all rules issued by the Platform.
This sets out the user's responsibilities and obligations when using the Platform.
8. The Platform may rely on the information provided by users unless it is obviously false.
This establishes that the Platform may assume the accuracy of the information provided by users unless there are obvious indications to the contrary.
9. Violations of user undertakings may result in account suspension, loss of funds, and legal consequences.
This warns users of the potential consequences of violating the terms of this Agreement.
10. Registration is completed after providing all necessary information and passing verification.
This indicates the completion criteria for the registration process with the Platform.
Termination of User Registration or Access: The Platform reserves the right to terminate a user's registration or access if it deems the user unsuitable for high-risk investment or in breach of this Agreement.
User Authentication and Registration: The Platform has the discretion to determine user authentication and registration procedures.
Voluntary Registration: Users register voluntarily without coercion or deception.
User Accounts: Upon registering with XchangeOn, a user account is automatically generated, which records the user's activities on the platform and is the sole means for the user to access the platform.
Digital Asset Trading: Users can submit digital asset trading instructions through XchangeOn and trade various digital assets available in their user accounts.
Digital Assets Deposit and Withdrawal: Users can transfer digital assets from other addresses to designated addresses within their user accounts or vice versa, facilitating easy deposit and withdrawal operations.
Updating Trading Status: Users confirm their digital asset trading status through XchangeOn's procedures, making it an irrevocable instruction for the platform to conduct relevant transactions or operations. XchangeOn executes these instructions based on its operational timeline, and any disputes or losses due to the user's failure to amend or confirm transaction statuses in a timely manner are the user's responsibility.
Transmission of Trading Instructions: XchangeOn acts as a matchmaker for digital asset transactions, transmitting users' trading instructions upon input. The platform does not participate as a buyer or seller in transactions or provide services related to legal tender deposit or withdrawal.
Transaction Inquiry: XchangeOn diligently records all user operations, and users can easily access and query these transaction records in real-time through their user accounts.
Transaction Security Settings: XchangeOn adjusts transaction-related settings, such as transaction limits and times, to enhance security. Users acknowledge and accept that these settings may result in certain inconveniences during trading.
Handling of System Failures: In case of a handling error caused by a system failure or other reasons, XchangeOn corrects the error, regardless of whether it benefits the platform or users. If a user receives more digital assets than they should have due to such an error, the platform will correct the transaction, and the user is obligated to return the overcharged digital assets or perform other operations as per the platform's notice.
Provision of Professional Opinions: XchangeOn does not provide investment, legal, taxation, or other professional opinions regarding digital asset transactions. Any information provided by the platform is considered general commentary and should not be construed as advice. Users requiring professional advice should consult relevant professionals.
Legal Compliance: Users are expected to comply with the laws, regulations, and rules of their respective jurisdictions regarding the use of XchangeOn's services. The platform does not offer services in any country or region where such services are deemed illegal.
Browsing Trading Information: Users should carefully read all trading information provided on XchangeOn, including price, entrusted amount, handling fees, and buying or selling direction before conducting any transaction.
Submission of Entrustment: After understanding and receiving all trading information, users can enter the digital asset trading information and submit the transaction entrustment. Once submitted, XchangeOn will automatically complete the transaction matching without prior notification to the user when a digital asset transaction meets the user's entrusted transaction price.
Inquiry of Transaction Details: Users have the right to view their transaction records for digital assets through their user accounts.
Revocation or Amendment of Entrustment: Users can revoke or amend their transaction entrustments at any time before the completion of the digital asset transaction matching process.
Modification of Services: XchangeOn reserves the right to amend, suspend, or terminate some or all of its services for legal requirements, protection of its legitimate interests, changes in digital asset trading rules, or other justifiable reasons. Any modifications, suspensions, or terminations of services will be announced by the platform.
Notice of Modifications: Any modifications, suspensions, or terminations of services will be announced by XchangeOn, and the effective date of such modifications, suspensions, or terminations will be subject to the platform's announcement. Fiat Services Agreement:
Payment Service Providers: XchangeOn engages payment service providers, liquidity providers, and market makers as authorized service providers to provide fiat-to-digital asset exchange services, known as "Fiat Services."
Exchange Service Providers: The Exchange Service Providers facilitate only the Fiat Services and no other services.
Platform's Obligations: XchangeOn has no obligation or responsibility regarding the Fiat Services, which are governed by the respective terms and conditions of the Exchange Service Providers in their jurisdictions.
Platform's Rights: XchangeOn retains the right to suspend, restrict, or impose other measures necessary regarding the Fiat Services if users breach the terms of this Agreement or other terms and conditions implemented on the platform.
Responsibility for Account and Password Security: Users are responsible for ensuring the confidentiality and security of their accounts and passwords. They must create passwords according to the platform's rules and avoid obvious choices. Users must not disclose their accounts or passwords to others, nor use others' accounts or passwords.
Reporting Unauthorized Use: Users must promptly notify the platform if they discover that a third party fraudulently uses or embezzles their account and password. The platform requires a reasonable time to take action upon receiving such notification and is not liable for any losses before taking action.
Suspension of Services for Security Reasons: The platform may suspend, interrupt, or terminate all or part of a user's services without notice under certain circumstances, such as suspected illegal activities or account inactivity.
Cessation of Account Use: Users must pay off all outstanding fees and withdraw any available digital assets before requesting the platform to freeze their account. Once the platform approves the request, the user's account can be formally canceled.
Termination of Account Services: If a user fails to complete the identity verification procedure or log into their account for a year, the platform has the right to terminate the user account services without prior notice.
Continuing Liability: The suspension, interruption, or termination of a user's account does not terminate their responsibilities. The user is still liable for any breaches of the agreement or damages arising from their conduct during the use of the platform's services.
Compliance with Laws: Users agree not to use the platform's services for illegal purposes and to comply with all relevant laws and regulations related to internet use.
Prohibited Conduct: Users agree not to engage in any conduct that infringes on the rights of others or is illegal, including unauthorized access, illegal transactions, providing or promoting gambling activities, participating in suspected money laundering or pyramid schemes, interfering with the platform's system or operations, disrupting digital asset trading, defaming the platform maliciously, or any other conduct deemed inappropriate by the platform.
The platform is not obligated to indemnify users for losses under the following circumstances:
If the platform reasonably believes that users' conduct is illegal or immoral.
If users mistakenly believe that losses are caused by the platform.
If losses are caused by factors not attributable to the platform.
The quality and content of services provided by the platform's partners are the responsibility of the partners. The platform does not guarantee the authenticity or validity of information on third-party websites. Users use third-party websites at their discretion and assume all risks. The platform shall not be held responsible for any damage caused by downloaded data from third-party websites.
Transaction Risks: Users acknowledge that no transaction through the Platform is free from the following risks:
Macroeconomic Risks: Abnormal price fluctuations may result from changes in the macroeconomic situation, leading to user losses.
Policy Risks: Changes in laws, regulations, policies, and rules may cause abnormal price fluctuations and other losses for users.
Default Risks: Users may suffer losses due to the inability or unwillingness of project owners to carry out their projects.
Earnings Risks: Digital assets are not issued by financial institutions or platforms, and the market is unconfirmed, potentially not generating actual earnings.
Trading Risks: Digital assets are mainly speculative, and trading involves high risks due to continuous trading without limits on price fluctuations.
Force Majeure Risks: Users may suffer losses due to unforeseeable events beyond their control.
User's Fault: Losses caused by user actions, including wrong decision-making, improper operation, forgetting or revealing passwords, third-party intrusion, or malicious operations.
Digital asset transactions are extremely risky and may result in partial or total loss of investment. Users should carefully assess their financial situation and risks before investing, considering both predictable and unpredictable risks.
Users with doubts regarding digital asset investments or transactions should seek advice from professional consultants before making any decisions.
The platform does not control information released by users or project owners and does not guarantee the authenticity, sufficiency, reliability, accuracy, integrity, or validity of all content on the platform. Users should make transactions based on their own judgment and assume full responsibility.
The platform does not guarantee the applicability, absence of errors or omissions, continuity, accuracy, reliability, or suitability for a particular purpose of its services. It also does not guarantee the validity, accuracy, correctness, reliability, quality, stability, integrity, or timeliness of technologies and information involved in its services.
Users bear all risks and possible losses arising from their decision to use the platform, including market, value, and price risks of digital assets. The platform does not guarantee the stability of the digital asset market.
Users should fully understand relevant digital assets, adopt a cautious approach to decision-making based on their objectives and risk tolerance, and bear all risks exclusively.
Responsibility for services provided by third parties involved in users' use of the platform services lies with the third party, and the platform shall not be held responsible.
Any loss or liability caused by factors attributable to a user shall be borne by the user exclusively, including failure to operate in accordance with the agreement, ambiguity in instruction information, insufficient balance, or any other user-attributable factor.
When using the Platform services, users will be charged relevant service fees. The description and rates of these fees will be listed on the Platform. The Platform reserves the right to unilaterally formulate and adjust the rates of these service fees.
Users may need to pay third-party service fees in connection with their use of the Platform services. Specific rates of these fees can be found on relevant web pages of Third-party Websites or in the Platform's reminders and fee rates. Users agree to pay such fees to third parties on their own or by entrusting the Platform or a designated third party according to the rates provided.
Users are responsible for submitting any applicable taxes in connection with the use of the Platform and its services to the appropriate tax authority under applicable laws. If the Platform is required to make any tax deductions, it will do so as per applicable law.
Users have the right to apply to cancel their accounts with the Platform at any time. If the Platform cancels a User's account in accordance with the agreement, the agreement will be terminated upon approval of the account cancellation.
If an account is canceled in accordance with the agreement, the agreement will be terminated upon the cancellation of the User account.
If a User deceased or is declared dead, rights and obligations under the agreement are borne by their successor. If a User loses civil rights, the Platform or its authorized subject may dispose of funds related to the User's account in accordance with valid legal documents. If the successor or legal guardian decides to continue the agreement, it remains valid; otherwise, they may apply for account cancellation, terminating the agreement.
The Platform has the right to terminate all services in accordance with the agreement, terminating the agreement on the date of service termination. Withdrawal processes will be operated as per the Platform announcement.
After the agreement's termination, Users have no right to require the Platform to continue providing services or performing any other obligations. This includes the retention or disclosure of information in former accounts.
The termination of the agreement does not affect the non-breaching party's claim against the breaching party for breach of agreement before termination, nor does it affect post-contractual obligations.
Information provided by Users during registration or use of accounts, such as telephone numbers, email addresses, and ID card information.
Server data in the Users’ browser automatically received when using the Platform.
Relevant data collected by the Platform on Users' transactions.
Personal information of other Users legally obtained by the Platform.
Successful registration on the Platform constitutes Users' consent for the Platform to collect, use, or disclose their personal information. The Platform may use this information for purposes including customizing services, resolving disputes, and ensuring safe transactions.
The Platform automatically tracks certain information on Users in connection with their conduct on the Platform. Without disclosing Users’ privacy, the Platform has the right to analyze the entire User database and make commercial use of it.
Users agree that the Platform can use data collection devices such as "cookies" on some web pages of the Platform.
The Platform shall protect Users' data in accordance with relevant laws and regulations. Information provided by Users may not be sold or shared with any third party, except under certain circumstances.
Users authorize the Platform to use the information provided by them, the information generated through using the Platform’s services, and the information queried and collected by the Platform. This is for providing services, recommending products, carrying out market research, and information data analysis for Users by the Platform and its partners.
Users authorize the Platform to inquire and collect User information and provide such information to partners as necessary for providing services.
The Platform and its partners are committed to ensuring the safety and confidentiality of user information. They take measures to keep this information secure.
The provisions under this Agreement are effective upon signing and have independent legal effect, unaffected by the contract's formation or change of its effective status.
All intellectual property rights to the content on the platform are owned by the Platform or other rights-holders. This includes trademark rights, patent rights, copyrights, trade secrets, and more.
No one is allowed to use, modify, copy, publicly disseminate, change, distribute, release, or publicly publish the Platform program or content without written consent.
Users are prohibited from downloading or modifying the Platform without explicit written consent. They may not resell or make commercial use of the Platform or its content.
Users may not use any technique to acquire any of the trademarks, logos, or other proprietary information of the Platform or its affiliated companies without explicit written consent.
Logging into the Platform or using its services does not transfer any intellectual property rights. Users must respect intellectual property rights, and infringement may result in legal liabilities.
This Agreement is applicable to all activities of the Users on the Platform, including terms, conditions, and rules issued or may be issued in the future, which are integral parts of the Agreement.
If any term or condition of this Agreement is deemed unenforceable, the validity of other terms and conditions shall not be affected.
The rights and obligations agreed upon in this Agreement are binding on the transferees, heirs, executors, and administrators of all parties hereto that have obtained benefits from the rights and obligations through transfer or assignment.
If any term or condition in this Agreement becomes invalid, it shall be replaced by a new term or condition as close as possible to the intentions of the parties.
Unless otherwise agreed, nothing in this Agreement shall deem the Platform as an agent, trustee, or other representative of the Users.
The failure of either party to exercise any rights or seek remedies does not affect the subsequent exercise of such rights or seeking of remedies.
Waiver of breach of agreement or any term or condition shall be in writing. Waiver of breach does not exempt the non-breaching party from any subsequent breach.
All activities between the Platform and the User are deemed to take place within the Republic of Seychelles. Therefore, any redress sought by the User must be under Seychelles law. The User agrees to comply with all relevant laws and regulations in any jurisdiction.
The Platform offers its services within the Republic of Seychelles. Foreign Users are responsible for complying with laws in their country of residence or access. The Platform does not offer services where it would constitute a breach of any law.
This Agreement is governed by the laws of the Republic of Seychelles. Any claim or lawsuit shall be interpreted and enforced by Seychelles law.
Any claims or lawsuits related to this Agreement shall be submitted to the Singapore International Arbitration Commission for arbitration, unless otherwise agreed.
This Agreement enters into force when Users obtain their account with the Website and is binding on the Users and the Platform.
The ultimate power to interpret this Agreement is vested in the Platform.
