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