1.1 These terms apply to the various platforms, including applications (mobile, web-based, or otherwise) and website (such as www.gcox.com) that are provided and owned by Global Crypto Offering Exchange Limited and its related and/or affiliated organisations (referred to as "GCOX", “we”, “us” and “our”). In these terms, “Platforms” refers to our applications and websites (including any information, services, contents, products or features that form part of such applications and websites), that you may be accessing or using; and “you” and “your” refers to any person and/or entity accessing or using the Platforms.
1.2 By downloading, installing, browsing, accessing and/or using our Platforms, you accept these terms and agree to be bound by them. If you do not accept these terms, please exit our websites and/or uninstall our applications, and refrain from any further use or access to our platforms.
1.3 These terms will also apply to any updates or upgrades provided by us that replace and/or supplement our Platforms, unless such updates or upgrades are accompanied by separate terms in which case those separate terms shall apply.
1.4 We may amend these terms from time to time. Amendments shall take effect from the date the amended terms are published at www.gcox.com or through our Platforms. If you use or access our Platforms after such amendments, you agree to the amended terms and to be bound by them. It is your responsibility to check for the latest version of the terms.
1.5 We may from time to time publish additional guidelines, rules, and conditions applicable to your use of our Platforms. You agree to comply with these additional guidelines, rules and conditions, which are incorporated by reference into these terms.
1.6 We have no obligation to provide, or continue to provide our Platforms, or any part thereof, now or in the future. We reserve the right, at any time, temporarily or permanently, in whole or in part, without prior notification and without incurring any liability to you, to: modify, suspend or discontinue our Platforms; charge for the use of our Platforms; restrict or modify access to our Platforms; and modify and/or waive any charges in connection with our Platforms.
1.7 These terms only govern our provision and your use of our Platforms. Certain transactions and activities, including the provision of services or products may be performed or facilitated through our Platforms (e.g. services such as our Over-the-Counter (OTC) trading service, Crypto Exchange, Celeb-Charity, Celeb-Connect and Celebreneur) may be subject to separate or additional terms and conditions that you have to accept in order to enter into these transactions or perform these activities.
2. USER ACCOUNT REGISTRATION
2.1 You are required to apply and register for an account with us (“User Account”) before you are able to undertake certain transactions and activities available through our Platforms. However, you are not permitted to, and shall not apply for a User Account, if you are located in the United States of America or a citizen, resident (tax or otherwise) or green card holder of, or domiciled in, the United States of America
2.2 We reserve the right to reject your application for a User Account, suspend your use of or terminate your User Account.
2.3 When applying for a User Account, you may be required to provide information (such as name, e-mail, etc.) to us in accordance with our instructions. You represent and warrant that (a) all information that you provide to us in accurate, true and complete; (b) you will promptly update us of any changes to the information you provide; and (c) you are of legal age and have the requisite mental and legal capacity in accordance with the applicable laws to accept these terms and apply for a User Account. We may, if required or in accordance with applicable laws, check and verify the information you provide. You agree to cooperate and extend to us any assistance that we may require for such checks and verifications.
2.4 You are solely responsible for controlling access to and the security of your User Account. You will: (a) keep your account details and password confidential and not allow any other person to access your User Account; and (b) notify us immediately if you have reason to believe that the security of your User Account has been compromised.
2.5 You are solely responsible for any and all transactions and activities which occur under your User Account. We are entitled to and will treat all transactions and activities that occur under your User Account as having been conducted by you or with your knowledge and authority. For the avoidance of doubt, in cases where you have allowed any other person to use your User Account or have negligently or otherwise made your account details and/or password available to other persons, you agree that you are and remain fully responsible for (a) the transactions and activities of such other persons; and (b) the consequences of any use or misuse of your User Account.
3.1 Our Platforms and any content contained on or provided through our Platforms are provided "as is" and "as available" with no warranties whatsoever. To the maximum extent permitted by law, we disclaim all express warranties and implied warranties, including implied warranties of accuracy, merchantability, fitness for a particular purpose and non-infringement. We are not responsible or liable for any error, delay or interruption in our Platforms.
3.2 To the maximum extent permitted by law, we make no guarantee, representation or warranty: (a) regarding the timeliness, reliability, accuracy, completeness, accessibility, quality, operation or usefulness of any portion of our Platforms; (b) regarding the availability or appropriateness of our Platforms; (c) that our Platforms will be error-free, continuously available or uninterrupted in operation, or free of viruses or other harmful components; (d) that our Platforms will operate or function properly on your devices or operating systems; (e) that our Platforms will not cause any damage to your devices or operating systems; or (f) that our Platforms are appropriate or available for use in any particular jurisdiction other than Singapore.
3.3 Your use of our Platforms is voluntary and at your sole risk. You are solely responsible for: (a) your reliance on our Platforms and the information available through our Platforms; (b) any liability or damage that you may incur through use of our Platforms; and (c) for all decisions or actions resulting from your use of our Platforms and its contents.
4.1 We have no obligation to provide any maintenance, support or other services in relation to the our Platforms, including providing any telephone assistance, documentation, error corrections, updates, upgrades, bug fixes, patches, and/or enhancements. However, if we do provide any updates, upgrade, bug fixes and/or patches, and/or enhancements in respect of our applications, you shall install them and keep your installation of our applications updated to the most recent release or version made available by us.
4.2 Your access to and/or use of our Platforms may also be interrupted, suspended or restricted where we provide any maintenance, support or other services in relation to our Platforms.
5.1 In certain transactions performed or facilitated through our Platforms, the party transacting with you may be a third party. Should you transact with these third parties, you will do so on separate terms and conditions as may be agreed between you and the relevant third parties.
5.2 Our Platforms may also contain information concerning third parties, third party products and services, or links re-directing to third-party websites, services or applications (including links to social media platforms and our service providers). As with your transactions with third parties (addressed in Clause 5.1), your access and use of information, products, services, websites or applications of third parties are subject to separate terms and conditions as may be agreed between you and the relevant third parties. We do not monitor, control or endorse these third parties, their products, services, websites or applications. To the maximum extent permitted by law, we are not responsible and disclaim all liability for (a) such third party products, services, websites or applications; (b) for any act or omission of these third parties, or (c) any dealings between you and these third parties, whether or not such dealings have been performed or facilitated through our Platforms.
6.1 Subject to your compliance with these terms, we grant you a limited, royalty-free, non-exclusive, personal, revocable and non-transferable, license to download and use our applications for your own personal, non-commercial purposes. Our applications are licensed, not sold, to you. You may utilise our applications only as permitted by these terms.
7.1 You will not, and will not permit any other party to: (a) modify, adapt, improve, enhance, alter, translate or create derivative works of our Platforms; (b) use or merge our Platforms, or any component or element thereof, with other software, databases or services not provided by our Platforms; (c) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or structure of our Platforms, or decrypt our Platforms; (d) interfere in any manner with the operation of our Platforms; (e) circumvent, or attempt to circumvent, any electronic protection measures in place to regulate or control access to our Platforms; (f) create a database by systematically downloading and storing our Platforms; (g) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine", “crawl” or in any way gather our Platforms or reproduce or circumvent the navigational structure or presentation of our Platforms without our express prior written consent; (h) use our Platforms for any commercial purposes; (i) violate any applicable laws, rules or regulations in connection with your access or use of our Platforms; or (k) cache, frame or link to our Platforms without our prior written consent. You agree not to develop, distribute or sell any software or other functionality capable of launching, being launched from or otherwise integrated with our Platforms. You may not remove, alter or obscure any copyright notice or any other proprietary notice that appears on or in our Platforms.
7.2 Additionally, in respect of our applications, you will not, and will not permit any other party to: (a) sublicense, distribute, sell or otherwise transfer our applications to any third party; (b) use our Platforms as a service bureau, or lease, rent or loan our applications to any third party.
7.3 You are not permitted to, and shall not access or use our Platforms or any of the services or products therein, if you are located in the United States of America or a citizen, resident (tax or otherwise) or green card holder of, or domiciled in, the United States of America.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 Our Platforms (including, for the avoidance of doubt: all materials located therein; logos, trademarks, service marks, domain names, trade names; designs, contents made available through our Platforms (including pages, documents and online graphics, audio and video); the source and object codes; and the format, directories, queries, algorithms, structure and organisation of our Platforms), are proprietary to us, and all intellectual property rights associated therewith, whether registered or not, are protected by law and owned by or licensed to us. You acknowledge that you have no right, title, interest in and to our Platforms and you agree not to challenge the validity of our ownership of or rights to them.
8.2 You shall not reproduce, republish, post, transmit, communicate, distribute, use or otherwise exploit any content of our Platforms in any way without our prior express written permission, which may be withheld for any or no reason.
9.1 We may place advertisements such as banners, java applets and/or such other materials for the purposes of advertising our and/or any third party’s product and/or services in different locations on our Platforms and at different points during your use of our Platforms. These locations and points may change from time to time. You will not be entitled to receive any payment, fee and/or commission in respect of these advertisements.
10.1 We may, in our sole and absolute discretion, at any time and for any reason, with or without prior notice, suspend or terminate your User Account and/or use of our Platforms if you fail to comply with these terms. Upon the suspension or termination of your use of our Platforms, you shall immediately cease the use of our websites and/or remove and delete our applications from your devices, along with any related documentation (and any copies thereof) that you may have received or downloaded. Clauses 2, 8, 10, 12, 13, 15 and all other clauses so intended to survive after termination will survive the termination of these terms.
11. USER ACKNOWLEDGEMENTS
11.1 You warrant that any information which you have provided to us in order to access and use our Platforms is accurate and complete for the duration of your access and use of our Platforms.
11.2 You acknowledge and agree that for our Platforms to function, it may require a compatible device (including a mobile or computing device), appropriate third party software (such as browsers), and also connectivity to the internet. You are solely responsible for obtaining such device(s), software, and the necessary connectivity services to access and use our Platforms. We assume no responsibility for such devices, software and services, or for any functionality of our Platforms which are dependent on them to operate.
11.5 You warrant that:
11.5.1 you have read and understood all of these terms;
11.5.2 you have a basic degree of understanding of the operation, functionality, usage, storage, transmission mechanisms, and other material characteristics of cryptocurrencies, blockchain assets, and tokens including the Supported Cryptocurrencies, blockchain-based software systems, cryptocurrency wallets or other related token storage mechanisms, blockchain technology and smart contract technology;
11.5.3 you are fully aware of, understand and agree to assume all the risks (including direct, indirect or ancillary risks) associated with your use of our Platforms;
11.5.4 you are not a citizen or resident of a country or a jurisdiction the laws of which prohibit or conflict with your use of our Platforms, or prohibits or conflicts with your use of our Platforms, or where the use of our Platforms is prohibited, restricted, curtailed, hindered, impaired or otherwise adversely affected by any applicable law, regulation or rule. In particular, you represent, warrant and covenant that you are not located in the United States of America or a citizen, resident (tax or otherwise) or green card holder of, or domiciled in, the United States of America;
11.5.5 you acknowledge and agree that no regulatory authority has examined or approved of these terms, no such action has been or will be taken under the laws, regulatory requirements or rules of any jurisdiction, and the provision of these terms, Additional Terms, and Conditions (as the case may be) to you does not imply that the applicable laws, regulatory requirements or rules have been complied with;
11.5.6 the provision of these terms, any part thereof or any copy thereof, or acceptance of the same by you, is not prohibited or restricted by the applicable laws, regulations or rules in your jurisdiction, and where any restrictions in relation to possession are applicable, you have observed and complied with all such restrictions at your own expense and without liability to us;
11.5.7 you are fully aware of, understand and agree to assume all the risks (including direct, indirect or ancillary risks) associated with your use of our Platforms, including but not limited to the risks set out in the Terms and Conditions of the Global Crypto Offering Exchange (GCOX) Token Sale (8 August 2018, Version 1.0), available at https://acm.gcox.com/wallet_term_of_use;
11.5.8 you or (in the case where you are accepting these terms on behalf of a corporation) any of your related corporations (if any), any of your directors or officers or any of your employees, agents or any other person acting on behalf of you or any of your related corporations is an individual or entity that is, or is owned or controlled by an individual or entity that is, or is owned or controlled by an individual or entity that is:
a. located in the United States of America or if you are a citizen, resident (tax or otherwise) or green card holder of, or domiciled in, the United States of America;
b. listed by the Monetary Authority of Singapore as designated individuals or entities defined in the respective regulations promulgated under the Monetary Authority of Singapore Act (Chapter 186) of Singapore, the United Nations Act (Chapter 339) of Singapore or the Terrorism (Suppression of Financing) Act (Chapter 325) of Singapore or such other law, regulation or rule as may be prescribed by the Monetary Authority of Singapore from time to time;
c. currently the subject of any sanction administered by the United States Office of Foreign Assets Control of the United States Department of the Treasury (“OFAC”) or any other government authority of the United States of America;
d. designated as a “Specially Designated National” or “Blocked Person” by OFAC or subject to any similar sanctions or measures imposed or administered by the United Nations Security Council, the European Union, Her Majesty’s Treasury of the United Kingdom or similar sanctions administered or imposed by the government of Singapore or any other country (collectively, the “Sanctions”);
e. located, organised or resident in a country or territory that is the subject of such Sanctions (including, without limitation, the Democratic People’s Republic of Korea, the Democratic Republic of Congo, Eritrea, Iran, Libya, Somalia, South Sudan, Sudan and Yemen); or
f. has engaged in or is currently engaged in any dealings or transactions with any government, person, entity or project targeted by, or located in any country or territory, that at the time of the dealing or transaction is or was the subject of any Sanctions;
11.5.9 you have full power and capacity to accept these terms and perform all your obligations hereunder and in the case where you are accepting these terms on behalf of a corporation:
a. such corporation is duly incorporated and validly existing under the applicable laws; and
b. you are duly authorised to accept these terms, Additional Terms, and Conditions (as the case may be)and procure the performance of obligations hereunder;
11.5.10 if you are a natural person, you are of sufficient age and capacity under the applicable laws of the jurisdiction in which you reside and the jurisdiction of which you are a citizen to accept these terms and perform all your obligations hereunder;
11.5.11 these terms constitute legal, valid, and binding obligations on you, enforceable in accordance with its terms and your use of our Platforms is not in breach or contravention of any applicable law, regulation or rule in your jurisdiction;
11.5.12 no consent, approval, order or authorisation of, or registration, qualification, designation, declaration or filing with, any regulatory authority in any jurisdiction (the “Approvals”) is required on your part in connection with your use of our Platforms, or where any Approvals are required, such Approvals have been obtained and remain valid and in full force and effect;
11.5.13 none of: (i) you; (ii) any person controlling or controlled by you; (iii) if you are a privately-held entity, any person having a beneficial interest in you; or (iv) any person for whom you are acting as agent or nominee in connection with your use of our Platforms is a senior foreign political figure, or any immediate family member or close associate of a senior foreign political figure.
For the purpose hereto:
“senior foreign political figure” means a senior official in the executive, legislative, administrative, military or judicial branch of a government (whether elected or not), a senior official of a major political party, or a senior executive of a foreign government-owned corporation. It includes any corporation, business or other entity that has been formed by, or for the benefit of, a senior foreign political figure; and
“immediate family” in relation to a senior foreign political figure includes such figure’s parents, siblings, spouse, children and in-laws;
11.5.14 if you are affiliated with a a non-United States of America banking institution (“Foreign Bank”), or if you receive deposits from, make payments on behalf of, or handle other financial transactions related to a Foreign Bank, you represent and warrant that: (i) the Foreign Bank has a fixed address, and not solely an electronic address, in a country in which the Foreign Bank is authorised to conduct banking activities; (ii) the Foreign Bank maintains operating records related to its banking activities; (iii) the Foreign Bank is subject to inspection by the banking authority that licensed the Foreign Bank to conduct its banking activities; and (iv) the Foreign Bank does not provide banking services to any other Foreign Bank that does not have a physical presence in any country and that is not a regulated affiliate;
11.5.15 you agree and acknowledge that we are not liable for any direct, indirect, special, incidental, consequential or other losses of any kind, in tort, contract or otherwise (including but not limited to loss of revenue, income or profits, and loss of use or data), arising out of or in connection with any acceptance of or reliance on these terms or any part thereof by you;
11.5.16 you waive the right to participate in a class action lawsuit or a class wide arbitration against us; and
11.5.17 all of the above representations and warranties are, and will continue to be, true, complete, accurate and non-misleading from the time of your acceptance of these terms for the duration of your use of our Platforms.
12.1 You will indemnify and at all times keep us and our related corporations and affiliates (including respective officers, directors, employees and agents) indemnified against any and all losses, damages, actions, proceedings, costs, expenses, claims, demands, liabilities (including full legal costs) which may be suffered or incurred by us or asserted against us by any person, party or entity whatsoever, in respect of any matter or event whatsoever arising out of or in connection with your breach of any provision in the terms, your use and access of our Platforms, or your violation of the rights of any third party.
13.1 To the maximum extent permitted by law, we shall not be liable for any damage or loss of any kind, or any direct, consequential, incidental, special or indirect damages, costs or claims of any nature whatsoever, arising out of or relating to: (a) your use, access or reliance on our Platforms; (b) the furnishing or performance of our Platforms or any delay or failure thereof; or (c) the conduct or the views of any person who accesses or uses our Platforms, regardless of the form of action whether in contract, tort (including negligence), product liability or otherwise, even if we have been advised of the possibility of such damages.
13.2 Our cumulative aggregate liability to you in connection with these terms and the provision of our Platforms shall not for any reason, exceed S$100. This limitation applies to all causes of action in the aggregate including, without limitation, breach of contract, breach of warranty, negligence, misrepresentations, strict liability, and other torts. In any jurisdiction in which these limitations of liability are restricted, our liability is limited to the greatest extent permitted by law.
14.1 If you discover any content on our Platforms that you believe infringes your intellectual property rights or which is otherwise illegal, offensive, defamatory, obscene, you may report such content to us at firstname.lastname@example.org.
14.2 Your report should contain at least the following information: (a) clear identification of the specific content complained of, including details of where such content can be located; (b) where applicable, clear description of your intellectual property or any other right or law that you claim has been infringed; (c) reasons to support your belief that the content infringes your intellectual property rights or is otherwise illegal, offensive, defamatory, obscene; and (d) your contact details including your name, address, telephone number, email address and your user name (if applicable). We may request for such additional information or documents as we deem fit to evaluate your report. You warrant and represent that all information provided in connection with such report shall be true, accurate and complete.
15. KNOW-YOUR-CLIENT AND ANTI-MONEY LAUNDERING / COUNTERING THE FINANCING OF TERRORISM
15.1 To meet Know-Your-Client (“KYC
”) and Anti-Money Laundering / Countering the Financing of Terrorism (“AML/CFT
”) obligations, under the relevant regulations and rules in Singapore and elsewhere (“AML Legislation
”), we may need to:
15.1.1 delay, block or refuse any of your transactions and activities on our Platforms transactions where we have reasonable grounds to believe that such transactions and activities are in breach Singapore law or the law of any other country; and
15.1.2 from time to time, collect all such information and documents as may be necessary to verify your identity and do all such acts and things as may be necessary to enable us to comply with our KYC and AML/CFT obligations.
15.4 You will not and will not permit any other party to initiate, engage in, perform or conduct any transactions and activities on our Platforms that may be in breach of Singapore law or the law of another country including (but not limited to) the AML Legislation.
15.5 We reserve the right to monitor and flag for review all activities and transactions on our Platforms in order to promptly identify and highlight any suspicious activity, which includes without limitation, activities that appear to a reasonable person:
15.5.1 to be the collection of funds which may represent the benefits from drug trafficking or criminal conduct, and which would be used to facilitate criminal activities;
15.5.2 to have been structured in a manner of unusual or unjustified complexity in order to avoid triggering any reporting requirements; or
15.5.3 to be unusual or inconsistent with your risk profile, expected usage pattern or sophistication.
15.6 Without prejudice to our rights in these terms, in the event that we believe that you are conducting or involved with such suspicious activity on our Platforms, we reserve the right to take appropriate actions without notifying you in advance, which includes, without limitation, (i) terminating your User Account, (ii) restricting and/or blocking your further access to our Platforms, and (iii) notifying the appropriate enforcement authorities regarding such suspicious activities.
16.1 If any provision of these terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these terms and will not affect the validity and enforceability of any remaining provision. These terms constitute the entire agreement between you and GCOX relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements or representations. Our failure to insist upon or enforce strict performance of any provision of these terms shall not be construed as a waiver of any provision or right. A person who is not a party to these terms shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce these terms.
16.2 We may assign our rights and duties hereunder to any third party at any time without consent or notice to you. You shall not assign these terms or any rights or obligations herein without our prior written consent.
16.3 You agree that these terms shall be construed in accordance with the laws of Singapore. Any claim or dispute arising in connection with your use of our Platforms shall be brought exclusively in the courts of the Republic of Singapore. Any cause of action or claim you may have with respect to our Platforms must be commenced within one (1) year after the cause of action or claim arises.