KuCoin Pre-Market Trading User Agreement
Summary of User Agreement
We, KuCoin Pre-Market Trading (hereinafter referred to as “KuCoin Pre-Market Trading”, “we” or “us”), summarize below our User Agreement (hereinafter referred to as “Agreement”, “Terms” or “User Agreement”) to give an overview of the key terms that apply to your use of our website and trading services. While we hope this summary section is helpful, you must read the complete User Agreement below since they provide important information about our services, our respective legal rights and obligations, and the risks involved in trading pre-market assets on KuCoin Pre-Market Trading Platform (“Products”).
KuCoin Pre-Market Trading is an over-the-counter (OTC) market that currently only opens for trading before a new crypto token (hereinafter referred to as “token”) is listed. Buyers and Sellers (hereinafter referred to as “Buyers and Sellers” or “Users”) can make their own quotes and take orders to lock in prices and liquidity in advance. Users are required to deposit a collateral in a sum proportionate to the total value of an order. Please note you will lose all your collateral if you failed to complete the delivery within the agreed time.
Eligibility and Acceptable Use
You must meet certain eligibility criteria to use KuCoin Pre-Market Trading’s services. You must be at least 18 years of age and there are certain locations from which you may not be able to use some or all of KuCoin Pre-Market Trading’s services. Other eligibility criteria may also apply. Additionally, there are certain things you cannot do when using KuCoin Pre-Market Trading’s services, such as engage in market misconduct or illegal activities, lie, or do anything that would cause damage to our services or systems. Please see Section 12 below on “Acceptable Use” for more details.
Engaging in Products trades may be highly risky. Please do not use KuCoin Pre-Market Trading’s services if you do not understand these risks.
Other Important Legal Terms
Complete User Agreement
This User Agreement and any terms expressly incorporated herein (including but not limited to all the documents published by KuCoin Pre-Market Trading such as the KuCoin Pre-Market Trading Guidelines, “Terms”) apply to your use of the website operated and maintained by KuCoin Pre-Market Trading (collectively, “KuCoin Pre-Market Trading”, “we”, or “us”), and the trading services provided by KuCoin Pre-Market Trading as described in these Terms (collectively, our “Services”).
1. Key Definitions
Capitalized terms not otherwise defined in these Terms will have the following meaning:
1.1 “External Account” means any account: (i) from which you may transfer USDT into your KuCoin Pre-Market Trading Account, and (ii) to which you may transfer USDT from your KuCoin Pre-Market Trading Account and which has been approved by KuCoin Pre-Market Trading for the foregoing purposes.
1.2.“Funds” means the USDT assets KuCoin Pre-Market Trading users transfer to or from its KuCoin Pre-Market Trading Account.
1.3.“KuCoin Pre-Market Trading Account” means a user account accessible via the Services where cryptocurrencies may be stored by KuCoin Pre-Market Trading on behalf of a user.
1.4.“KuCoin Pre-Market Trading Help Center” means KuCoin Pre-Market Trading’s customer service center with address at https://support.kucoin.com where you could get online support from KuCoin Pre-Market Trading.
1.5.“Products” means the pre-market listed token which are open for trading on KuCoin Pre-Market Trading.
2.1. KuCoin Pre-Market Trading may not make the Services available in all markets and jurisdictions, and may restrict or prohibit the use of the Services from certain jurisdictions (“Restricted Locations”).
2.2. You further represent and warrant that you: (a) are at least 18 years old; (b) have not previously been suspended or removed from using our Services or other similar services provided by other parties; (c) have full power and authority to enter into these Terms and in doing so will not violate any other agreement to which you are a party; (d) using our platform in your own name and solely for your own benefit; (e) are not located in, under the jurisdiction of, or a national or resident of any Restricted Locations (as defined in Section 2.1 above); (f) will not use our Services if any applicable laws in your country prohibit you from doing so in accordance with these Terms; (g) are not a designated person under regulations issued pursuant to the lists of individuals or entities identified by the Security Council of the United Nations or the Committee as individuals or entities to whom or which apply the measures referred to in paragraph 8(d) of Resolution 1718 (2006)(including any such list as updated from time to time by the Security Council or the Committee, and made available on the Internet through the official United Nations website at http://www.un.org/) ; and (h) have read and understood these Terms and the Risk Disclosure Statement.
2.3. KuCoin Pre-Market Trading maintains an anti-money laundering, countering the financing of terrorism and know your customer compliance policy (the “AML/CFT Policy”). Pursuant to such policy, KuCoin Pre-Market Trading may, in its discretion, require identity verification and go through other screening procedures with respect to you or transactions associated with your KuCoin Pre-Market Trading Account. You agree and undertake to provide KuCoin Pre-Market Trading with any and all information and documents that KuCoin Pre-Market Trading may from time to time request or require for the purposes of these Terms or in connection with your KuCoin Pre-Market Trading Account (including, but not limited to, your name, address, telephone number, email address, date of birth, government-issued identification number, photograph of your government-issued identity card or document or other photographic proof of your identity, and information regarding your Account). KuCoin Pre-Market Trading will have no liability or responsibility for any permanent or temporary inability to access or use any Services as a result of any identity verification or other screening procedures.
Further, pursuant to the AML/CFT Policy, KuCoin Pre-Market Trading may, in its discretion, carry out continuous monitoring of all KuCoin Pre-Market Trading Accounts. If an unusually large or unusual patterns of trades or any inexplicable or suspicious circumstances are observed, KuCoin Pre-Market Trading may, in its discretion, place an administrative hold on or freeze your KuCoin Pre-Market Trading Account. You agree that KuCoin Pre-Market Trading will have no liability or responsibility for any permanent or temporary inability to access or use any Service caused by such action.
2.4. Additionally, by agreeing to these terms you certify that you pursue participation in blockchain-based networks as a part of your professional activity and are familiar with the Products and the risks attached to them and their trading, including but not limited to the risks highlighted in the Risk Disclosure Statement.
3. KuCoin Pre-Market Trading Account
3.1. KuCoin Pre-Market Trading may, in its sole discretion, limit the number of KuCoin Pre-Market Trading Accounts that you may hold, maintain or acquire.
3.2. In order to engage in any trades via the Services, you must create a KuCoin Pre-Market Trading Account and provide any requested information. When you create a KuCoin Pre-Market Trading Account, you agree to take responsibility for all activities that occur under your KuCoin Pre-Market Trading Account and accept all risks of any authorized or unauthorized access to your KuCoin Pre-Market Trading Account, to the maximum extent permitted by law.
3.3. You are solely responsible for doing all things and taking all actions necessary to monitor and secure your KuCoin Pre-Market Trading Account, and to enable or receive financial or other benefits made available to account holders.
3.4. In order to use KuCoin Pre-Market Trading services to buy or sell a pre-market listed token, you are required to deposit a collateral in a sum proportionate to the total value of an order. You agree that your collateral will be forfeited by KuCoin Pre-Market Trading if you failed to complete the delivery within the agreed time.
3.5 KuCoin Pre-Market Trading may, at its sole discretion and without prior notification to you, cancel an order placed through the Platform for reasons as set out in the KuCoin Pre-Market Trading Guidelines, which shall include but is not limited to, circumstances where one party’s Pre-Market Trading Account or KuCoin Account is frozen, terminated or otherwise be made unavailable to the user.
3.6 You must not create security or any other collateral interest over the funds in your KuCoin Pre-Market Trading Account with any third-party except with our prior written consent.
5. General Obligations
This Section 5 applies to (i) all trades completed via the Services, and (ii) any transaction in which you transfer Funds into your KuCoin Pre-Market Trading Account from your External Account or transfer Funds from your KuCoin Pre-Market Trading Account into an External Account.
5.1. Conditions and Restrictions. We may, at any time and in our sole discretion, refuse any trade submitted via the Services, impose limits on the trade amount permitted via the Services or impose any other conditions or restrictions upon your use of the Services without prior notice. For example, we may restrict trades from certain locations.
5.2. Accuracy of Information. You must provide any information required when creating a KuCoin Pre-Market Trading Account or when prompted by any screen displayed within the Services. You represent and warrant that any information you provide via the Services is accurate and complete.
5.3. Insufficient Funds. If you have an insufficient amount of Funds in your KuCoin Pre-Market Trading Account to complete an order via the Services, we may cancel the entire order or may fulfill a partial order using the amount of Funds currently available in your KuCoin Pre-Market Trading Account, less any fees owed to KuCoin Pre-Market Trading in connection with our execution of the trade (as described in Section 9 below).
5.4. Taxes. It is your responsibility to determine what, if any, taxes apply to the trades you complete via the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that KuCoin Pre-Market Trading is not responsible for determining whether taxes apply to your trades or for collecting, reporting, withholding, or remitting any taxes arising from any trades.
5.5. Compliance with all applicable laws and regulations. You represent, warrant and undertake that you have and shall at all times comply with all applicable laws and regulations in all jurisdictions relevant to any Service provided or made available by us to you.
6. KuCoin Pre-Market Trading Account Funds
Ownership of Funds. You hereby represent and warrant that any Funds transferred to your KuCoin Pre-Market Trading Account from an External Account or otherwise used by you in connection with the Services are owned by you legally and beneficially, and that all orders, trades and transactions initiated with your KuCoin Pre-Market Trading Account are for your own account and not on behalf of any other person or entity.
7.1. Market volatility. Particularly during periods of high volume, illiquidity, fast movement, or volatility in the marketplace for any particular one or more Product, the actual market rate at which a trade is executed may be different from the prevailing rate indicated via the Services at the time of your order or trade. You understand that we are not liable for any such price fluctuations. In the event of a market disruption or Force Majeure event (as defined in Section 22), KuCoin Pre-Market Trading may do one or more of the following: (a) suspend access to the Services; or (b) prevent you from completing any actions via the Services, including closing any open positions. Following any such event, when trading resumes, you acknowledge that prevailing market rates may differ significantly from the rates available prior to such an event.
7.2. Independent Relationship, No Advice. You acknowledge and agree that: (a) KuCoin Pre-Market Trading is not holding monies and/or Funds as your trustee, and is not acting as your broker, intermediary, agent, or advisor or in any fiduciary capacity, and (b) no communication or information provided to you by KuCoin Pre-Market Trading shall be considered or construed as advice.
We shall not give advice to you on the merits of any trade and shall deal with you on an execution-only basis. None of our employees or staff are authorized by us to give you investment advice. Accordingly, you should not regard any proposed trades, suggested trading strategies, or other written or oral communications from us as investment recommendations or advice or as expressing our view as to whether a particular trade is suitable for you or meets your financial objectives. You must rely on your own judgment for any investment decision you make in relation to your KuCoin Pre-Market Trading Account. If you require investment or tax advice, please contact an independent investment or tax adviser. You acknowledge and agree that you have made your own independent analysis and decision when executing a trade and such trades are entered into without reliance upon any views, representations (whether written or oral), advice, recommendation, information, or other statements by us.
8. Risk Warnings
8.1 Users acknowledge and agree that no transaction through the Platform is free from the following risks, and the Platform cannot and does not have the obligation to be responsible for the following risks:
(a) default risks: You may suffer losses due to the inability or unwillingness of the buyer or seller to carry out or continue carrying out the transfer or delivery within the agreed time;
(b) risks caused by force majeure factors;
(c) User's fault: any and all losses caused by the Users’ fault, including loss caused by wrong decision-making, improper operation, forgetting or revealing passwords, deciphering of passwords by others, third-party intrusion into computer systems used by the Users, and malicious or improper operation by a third party entrusted by the Users to serve as their agent.
8.2 You acknowledge that Pre-Market Trading transactions, like any digital assets trading transactions, are extremely risky and are therefore not suitable investments for most people. In addition to the risks indicated under this User Agreement, there will also be risks that cannot be predicted. Therefore, you should carefully assess your financial situation and various risks before making any decision to make transactions on KuCoin Pre-Market Trading Platform. You shall bear any and all losses arising from your decision, and the we shall not bear any responsibility for your investment or trading decisions.
8.3 In view of the risks arising from the transaction of the Products, if you have any doubt as to such transaction, you should seek the assistance of professional consultants prior to the transaction.
8.4 We do not provide any guarantee or condition to any User and/or any transaction, whether express, implied or statutory. We cannot and does not attempt to control the information released by Buyers, Sellers, Users or Project Owners. We cannot fully guarantee the authenticity, sufficiency, reliability, accuracy, integrity and validity of all content on the KuCoin Pre-Market Trading Platform, and do not bear any legal responsibilities arising therefrom. You should base the transaction on your own independent judgment and assume full responsibility for your own judgment.
8.5 Under any and all circumstances, the relevant third-party shall be responsible for the services that are provided by such third-party and are involved in your use of our services, and KuCoin Pre-Market Trading shall not bear such responsibility. This includes the relevant Buyer or Seller with whom you transacted or should transact with.
8.6 Any loss or liability caused by factors attributable to you shall be borne by you exclusively and KuCoin Pre-Market Trading shall not be held liable in any manner whatsoever. Circumstances under which KuCoin Pre-Market Trading shall not be held liable include:
(a) where any loss or liability is caused by your failure to operate in accordance with this Agreement or any rules published by KuCoin Pre-Market Trading from time to time;
(b) where any loss or liability is caused by any uncertainty, ambiguity or incompleteness in the instruction information sent by you;
(c) where any losses or responsibilities is caused by any other factor attributable to you;
(d) where any losses or responsibilities is caused by any other factor attributable to the Buyer or Seller you had/have placed order with.
9.1. Amount of Fees. You agree to pay the fees for trades completed via our Services (“Fees”), which we may change from time to time at our sole and absolute discretion. The Fees shall be displayed on the Pre-Market Trading Platform landing page. Any and all changes to the Fees will be displayed on the Pre-Market Trading Platform landing page and will apply prospectively to any trades that take place following the effective date of such revised Fees.
9.2. Third-Party Fees. In addition to the Fees, your External Account may impose fees in connection with your use of your designated External Account via the Services. Any fees imposed by your External Account provider will not be reflected on the transaction screens containing information regarding applicable Fees. You are solely responsible for paying any fees imposed by an External Account provider.
9.3. Payment of Fees. You authorize us, or our designated payment processor, to charge or deduct your KuCoin Pre-Market Trading Account Funds for any applicable Fees owed in connection with trades you complete via the Services.
10. Electronic Notices
10.1. Consent to Electronic Delivery. You agree and consent to receive electronically all communications, agreements, documents, receipts, notices, and disclosures (collectively, “Communications”) that KuCoin Pre-Market Trading provides in connection with your KuCoin Pre-Market Trading Account and/or use of the KuCoin Pre-Market Trading Services. You agree that KuCoin Pre-Market Trading may provide these Communications to you by posting them via the Services, by emailing them to you at the email address you provide. You should maintain copies of electronic Communications by printing a paper copy or saving an electronic copy. You may also contact us through KuCoin Pre-Market Trading Help Center to request additional electronic copies of Communications or, for a fee, paper copies of Communications (as described below).
10.2. Withdrawal of Consent. You may withdraw your consent to receive electronic Communications by contacting KuCoin Pre-Market Trading Help Center. If you decline or withdraw consent to receive electronic Communications, KuCoin Pre-Market Trading may suspend or terminate your use of the Services.
10.3. Updating Contact Information. It is your responsibility to keep your email address on file with KuCoin Pre-Market Trading up to date so that KuCoin Pre-Market Trading can communicate with you electronically. You understand and agree that if KuCoin Pre-Market Trading sends you an electronic Communication but you do not receive it because your email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, KuCoin Pre-Market Trading will be deemed to have provided the Communication to you.
11. Unclaimed or Disputed Property
11.1 Notwithstanding the below 11.2 provision, if for any reason KuCoin Pre-Market Trading is holding Funds in your Account, such Funds remain unclaimed, and KuCoin Pre-Market Trading is unable to return your Funds to your designated External Account after a period of three years after your last login to KuCoin Pre-Market Trading Platform or any specified period notified by KuCoin, and KuCoin determines in good faith that it is not able to trace you, you agree that all such Funds shall be deemed to have been abandoned by you in favour of KuCoin and may be appropriated by KuCoin to and for itself, and you thereafter shall have no right to claim such Funds.
11.2 If KuCoin receives notice that any Digital Tokens held in your KuCoin Account are alleged to have been stolen or otherwise are not lawfully possessed by you, KuCoin may, but has no obligation to, place an administrative hold on or freeze the affected Digital Tokens or your KuCoin Account. If KuCoin does place an administrative hold on or freeze some or all of your Digital Tokens, KuCoin may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to KuCoin has been provided to KuCoin in a form acceptable to KuCoin. KuCoin will not involve itself in any such dispute or the resolution of the dispute. You agree that KuCoin will have no liability or responsibility for any losses, damages or prejudice arising from or in connection with such hold or freeze, or for your inability to withdraw Digital Tokens or execute trades during the period of any such hold or freeze.
12. Acceptable Use
12.1. When accessing or using the Services, you agree that you will not violate any law or any contractual, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while using our Services. Without limiting the generality of the foregoing, you agree that you will not:
(a) Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services or bring disrepute to our Services in any manner;
(b) Use our Services to pay for, support or otherwise engage in any illegal gambling activities; fraud; market manipulation or abuse (including but not limited to your taking actions, or acting in concert with another user to take actions, on or outside the Services, which are intended to deceive or mislead other users, or artificially control or manipulate the price or trading volume of a Product); money-laundering; or terrorist activities; or other illegal activities;
(c) Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or to extract data;
(d) Use or attempt to use another user’s account without authorization;
(e) Attempt to circumvent any content-filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorized to access;
(f) Introduce to the Services any malware, virus, trojan worms, logic bombs, or other harmful material;
(g) Develop any third-party applications that interact with our Services without our prior written consent;
(h) Provide false, inaccurate, or misleading information;
(i) Encourage or induce any third party to engage in any of the activities prohibited under this section.
12.2 In the event we received notice that you have breached any of the provisions set out in the clause 12.1 of this User Agreement, KuCoin Pre-Market Trading shall at its sole discretion and without any prior notification to you, freeze, suspend, terminate or otherwise make your KuCoin Pre-Market Trading Account unavailable to you.
We will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, and ideas or other information or materials regarding KuCoin Pre-Market Trading or our Services that you provide, whether by email, posting through our Services or otherwise (“Feedback”). Any Feedback you submit is non-confidential and shall become the sole property of KuCoin Pre-Market Trading. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the Feedback (including any copyrights). Do not send us Feedback if you expect to be paid or want to continue to own or claim rights in them; your idea might be great, but we may have already had the same or a similar idea and we do not want disputes. You also acknowledge and agree that we have the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right to remove any posting you make on our website if, in our opinion, your post does not comply with the content standards set out in our website.
14. Copyrights and Other Intellectual Property Rights
14.1. Unless otherwise indicated by us, all copyright and other intellectual property rights in all content and other materials contained on our website or provided in connection with the Services, including, without limitation, the KuCoin Pre-Market Trading or KuCoin Pre-Market Trading logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “KuCoin Pre-Market Trading Materials”) are the proprietary property of KuCoin Pre-Market Trading or our licensors or suppliers and are protected by international copyright laws and other intellectual property rights laws.
14.2. We hereby grant you a limited, nonexclusive, and non-sublicensable license to access and use the KuCoin Pre-Market Trading Materials for your personal use. Such license is subject to these Terms and does not permit (a) any resale of the KuCoin Pre-Market Trading Materials; (b) the distribution, public performance or public display of any KuCoin Pre-Market Trading Materials; (c) modifying or otherwise making any derivative uses of the KuCoin Pre-Market Trading Materials, or any portion thereof; or (d) any use of the KuCoin Pre-Market Trading Materials other than for their intended purposes. The license granted under this section will automatically terminate if we suspend or terminate your access to the Services.
15. Third-Party Content
In using our Services, you may view content provided by third parties, including links to web pages of such parties, including but not limited to Facebook and Twitter links (“Third-Party Content”). We do not control, endorse or adopt any Third-Party Content and shall have no responsibility for Third-Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. In addition, your business dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of Third-Party Content, and your interactions with third parties, is at your own risk.
16. Suspension; Termination
In the event of any Force Majeure Event (as defined in Section 22.6), breach of these Terms or any laws or regulations, or any other event that would make provision of the Services commercially unreasonable for KuCoin Pre-Market Trading, we may, in our discretion and without liability to you, with or without prior notice, suspend your access to all or a portion of our Services and/or as may be required by applicable laws, file a suspicious transaction report with the relevant authorities or otherwise report to or inform the relevant authorities or take any other steps to protect KuCoin Pre-Market Trading’s interests as KuCoin Pre-Market Trading deems appropriate. We may also terminate your access to the Services in our sole discretion, immediately and without prior notice, and delete or deactivate your KuCoin Pre-Market Trading Account and all related information and files in such account without liability to you, including, for instance, in the event that you breach any term of these Terms. In the event of discontinuation of all Services or termination of your access to the Services or deletion or deactivation of your KuCoin Pre-Market Trading Account: (a) all amounts payable by you to KuCoin Pre-Market Trading will immediately become due; (b) KuCoin Pre-Market Trading may cancel any open orders or other transaction requests that are pending at the time of discontinuation or termination or deletion or deactivation;(c) KuCoin Pre-Market Trading will, where possible, return any Funds stored in your KuCoin Pre-Market Trading Account not otherwise owed to KuCoin Pre-Market Trading and/or will use commercially reasonable efforts to provide you with a period of 90 days to transfer affected Funds from your KuCoin Pre-Market Trading Account, unless prohibited by applicable laws or regulations or by order of law enforcement or governmental authority, or KuCoin Pre-Market Trading believes you have committed fraud, negligence or other misconduct; and/or (d) KuCoin Pre-Market Trading may take such other steps as KuCoin Pre-Market Trading deems necessary or desirable to protect its own interests. We are not and shall not be responsible or liable for any loss or damages incurred as a result of or arising from any actions taken under this section.
17. Discontinuance of Services
We may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, all or any portion of our Services, which may include but is not limited to suspending trading in or ceasing to offer Services in respect of any of the Products or prohibiting use of the Services in or from certain jurisdictions.
18. Disclaimer of Warranties
18.1. Except as expressly provided to the contrary in writing by us, our services are provided on an “As is” and “As available” basis. We expressly disclaim, and you waive, all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to our services, including the information, content and materials contained therein, to the fullest extent permitted by applicable laws.
18.2. You acknowledge that information you store or transfer through our services may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, including software failures, protocol changes by third-party providers, internet outages, force majeure event or other disasters including third-party Distributed Denial of Service attacks, scheduled or unscheduled maintenance, or other causes either within or outside our control. You are solely responsible for backing up and maintaining duplicate copies of any information you store or transfer through our Services.
Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
19. Limitation of Liability
19.1. Except as otherwise required by law, in no event shall KuCoin Pre-Market Trading, our directors, officers, members, employees, agents or contractors be liable for any special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use our Services or the KuCoin Pre-Market Trading Materials, including without limitation any damages caused by or resulting from reliance by any user on any information obtained from KuCoin Pre-Market Trading, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from a force majeure event, communications failure, theft of, destruction of or unauthorized access to KuCoin Pre-Market Trading’s records, programs or services.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of this section may not apply to you.
19.2. To the maximum extent permitted by applicable law, in no event shall the aggregate liability of KuCoin Pre-Market Trading (including our directors, officers, members, employees, and agents), whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of, or inability to use the Services, KuCoin Pre-Market Trading or to these terms exceed the fees paid by you to KuCoin Pre-Market Trading during the 12 months immediately preceding the date of any claim giving rise to such liability.
19.3. We have no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any Products that you may purchase or sell to or from a user of the Services. We are not responsible for ensuring that a third-party buyer or a seller you transact with will complete a trade or transaction or is authorized to do so. If you experience a problem with any Products or services purchased from, or sold to, a user using the Services, or if you have a dispute with such user, you should resolve the dispute directly with that user. If you believe a user has behaved in a fraudulent, misleading, or inappropriate manner, or if you cannot adequately resolve a dispute with a third party, you may notify KuCoin Pre-Market Trading Help Center if you have any questions.
19.4. You acknowledge that there is no guarantee fund established or other arrangements in place to cover or compensate you for any pecuniary loss suffered by you as a result of any defaults by or the insolvency of any other users of the Services.
You agree to defend, indemnify and hold harmless KuCoin Pre-Market Trading (and each of our officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) your use of, or conduct in connection with, our Services; (b) any Feedback you provide; (c) your violation of these Terms or any agreement incorporated by reference in these Terms; and/or (d) your violation of any rights of any other person or entity or of any laws and regulations including but not limited to anti-money laundering and countering the financing of terrorism laws and regulations. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we wish to settle it.
21. Applicable Law and Disputes Resolution
Please read the following paragraph carefully because it requires you to settle disputes with us and it limits the manner in which you can seek relief.
You and KuCoin Pre-Market Trading agree to notify each other in writing of any dispute within thirty (30) days of when it arises. You and KuCoin Pre-Market Trading further agree that you and KuCoin Pre-Market Trading shall spend not less than three (3) months on full communication, consultation, or mediation before either party submits the disputes in question for litigation. If no settlement can be reached through consultation, the litigation shall be under the jurisdiction of the court located in the place where the plaintiff has his/her/its domicile.
These Terms shall be governed by and construed in accordance with English Common Law. The International Business Companies Act 2016 is the principal legislation that governs corporates in the Republic of Seychelles.
23.1. Entire Agreement; Order of Precedence.
These Terms contain the entire agreement and supersede all prior and contemporaneous understandings between the parties regarding the Services. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with KuCoin Pre-Market Trading for the Services or for any other KuCoin Pre-Market Trading product or service or otherwise. In the event of any conflict between these Terms and any other agreement you may have with KuCoin Pre-Market Trading, the terms of that other agreement will prevail only if these Terms are specifically identified and declared to be overridden by such other agreement. Notwithstanding the above, these Terms shall be read with the User Guideline as may be determined by KuCoin Pre-Market Trading from time to time.
23.2. Third-Party Rights
A person who is not a party to these Terms has no right to enforce any term of these Terms.
We reserve the right to make changes or modifications to these Terms from time to time, in our sole discretion. If we make changes to these Terms, we will provide you with notice of such changes, such as by sending an email, providing notice on the homepage of our website and/or by posting the amended Terms via the applicable KuCoin Pre-Market Trading websites and mobile applications and updating the “Last Updated” date at the top of these Terms. The amended Terms will be deemed effective immediately upon posting for any new users of the Services. In all other cases, the amended Terms will become effective for preexisting users upon the earlier of either: (i) the date users click or press a button to accept such changes, or (ii) continued use of our Services 30 days after KuCoin Pre-Market Trading provides notice of such changes. Any amended Terms will apply prospectively to use of the Services after such changes become effective in accordance with these Terms. If you do not agree to any amended Terms, you must discontinue using our Services and contact us to terminate your account.
Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.
The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
23.6. Force Majeure Events
KuCoin Pre-Market Trading shall not be liable for (1) any inaccuracy, error, failure, delay in, or omission of (i) any information, (ii) the transmission or delivery of information, or (iii) carrying out its obligations under these Terms; (2) any loss or damage in any and all cases arising from any event beyond KuCoin Pre-Market Trading’s reasonable control, including but not limited to flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, terrorist attacks, market failure or disruption, telecommunications or network breakdown or disruption, communications, power failure, attacks on the security, integrity or operation of the Products, the Services and/or the KuCoin Pre-Market Trading Accounts and Funds held therein, or equipment or software malfunction or any other cause beyond KuCoin Pre-Market Trading’s reasonable control (each, a “Force Majeure Event”).
You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from KuCoin Pre-Market Trading, including by operation of law or in connection with any change of control. KuCoin Pre-Market Trading may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
Headings of sections are for convenience only and shall not be used to limit or construe such sections.
23.9. Governing language and translations
Sections 2 (Eligibility), Section 3 (KuCoin Pre-Market Trading Account), Section 8 (Risk Disclosure), Section 9 (Fees), Section 11 (Unclaimed Property), Section 13 (Feedback), Section 14 (Copyrights and other Intellectual Property Rights), Section 15 (Third-Party Content), Section 18 (Disclaimer of Warranties), Section 19 (Limitation of Liability), Section 20 (Indemnity), Section 21 (Applicable Law; Arbitration) and this Section 22 (Insurance Fund), Section 23(Miscellaneous) shall survive any termination or expiration of these Terms.