This User Agreement and JIBEX services provided or to be provided under this User Agreement made by JIBEX, Co., Ltd., a Thai Limited Company incorporated under the law of the Kingdom of Thailand. (Hereinafter shall be referred to as “Agreement”)
Whereas, JIBEX, Co., Ltd. has its own registered in Thailand and is not a regulated financial services provider and does not operate outside Thailand (Hereinafter shall be referred to as “JIBEX” or “We” or “Us” or “Our””).
By signing up to use an account through www.jib-ex.com, or any associated websites, APIs, or mobile applications (collectively the "Platform"), you agree that you have read, understood, and accept all the terms and conditions contained in this Agreement, as well as our Agreement related to Privacy Information and Risk Disclosure.
In this Agreement the terms and all documents incorporated herein by reference, the following words have the following meaning unless otherwise indicated:
“AML” means Anti-Money Laundering;
“Blockchain” means a linear, decentralized chain of any, including but not limited to, designated data, transaction or information blocks.
“Crypto Currency” means blockchain-based currency, digital asset, digital token, assets or rights, or other similar digital representations of rights or assets, including but not limited to bitcoins, Ethereum, and other;
“CDD” means “Customer Due Diligence” it is a process to identify the customer and verify his or her identity on the basis of documents, data and information obtained from reliable and independent sources.
"Cookies" means small bits of data that can be sent to your computer which then may be stored by your browser on your computer's hard drive. They cannot be used to retrieve data from your hard drive, email addresses or personally identifying information about you in any way. Most web browsers have features that can notify you when you receive a "cookie" or prevent "cookies" from being sent. Please noted that by not accepting cookies, you may limit the website’s functionality
“KYC” means “Know your customer” it is a term used for customer identification process. It involves making reasonable effort to determine true identity and beneficial ownership of account, source of funds, the nature of customer’s business, reasonableness of operations in the account in relation to the customer’s business, etc which in turn helps JIBEX to manage our risks prudently. The objective of KYC is to prevent JIBEX for being used, intentionally or unintentionally by criminal elements for money laundering.
“Listed Crypto Currency” means the Crypto Currency which be or to be announced, allowed, listed ,from time to time, by JIBEX on JIBEX Website or Platform.
“Personal Information” means any information that is identifiable with you, as an individual. This information may include but not limited to your name, address, telephone number, credit card information, certain financial information, and your e-mail address. Personal Information, however, does not include certain business contact information used for communicating or facilitating communication with you, as an individual, in relation to your employment, business or profession.
“Platform” means the JIBEX platform available at www. jib-ex.com, through which provide to you; Platform is an online blockchain technology-based platform which relate to participation in Crypto Currency business including but not limited to wallet, exchange and etc.
“Service” means services, subject to the terms and condition set forth under this Agreement, provided by JIBEX through the Platform, in particular possibility to participate in Crypto Currency’s wallet or exchange or to be provided by JIBEX.
By Completing JIBEX USER ACCOUNT REGISTRATION as set forth in clause 3 below, you will be entitled to store your Crypto Currency in our JIBEX Wallet
To the fullest extent permitted by governing law and subject to our official announcement, our service may expand to cover i) trading of your Crypto Currency with another Crypto Currency. You may also use our Services to purchase and sell Crypto Currency directly from and to us or ii) trading of Crypto Currency to government fiat currency or service in connection with store, send or receive government fiat currency.
However, the range of services available to you will depend in part upon the permission by law.
You may store your Crypto Currency in our Services called Wallet on our Platform. Under our Services you may send or receive any Crypto Currency from other. The sending and receiving by you or other through our Services will referred in this Agreement as “Transaction”
2.1. JIBEX Wallet
JIBEX shall provide the Hosted Crypto Currency Wallet services to deposit or withdrawal the Listed Crypto Currency. Our service are not custodian, portfolio management or brokerage, thus, the value of your Crypto Currency value may be depreciated by the market conduct. We also encourage you to leant and study our Risk Disclosure set forth herewith to understand key indicated risk of Crypto Currency.
To deposit Crypto Currency to your wallet, you will first need to deposit available Listed Crypto Currency as announced on the Site. You may initiate a transfer from your other Crypto Currency wallet.
You agree and accept that transferring of Crypto Currency from other wallet may be imposed by network fee by originated wallet service provider. The transferred amount to be credited to your JIBEX wallet will be an amount after deducted such network fee.
JIBEX will credit your JIBEX Wallet a corresponding amount after funds are completely delivered to JIBEX.
For withdrawals, JIBEX will immediately debit your JIBEX Wallet when you authorize a withdrawal and funds. We will not process a transfer if the network fee imposed by service provider of designated wallet exceed the value of the transfer amount.
2.2. JIBEX trade
JIBEX shall provide trading platform where JIBEX user can initiate Transaction with other including but not limited to buy, sell, receive or transfer. By initiating any order, it shall mean that you agreed to enter in to any Transaction with other and acknowledged that JIBEX platform is only the intermediary between buyers and sellers of Crypto Currency.
2.2.1. Open Order Process
To initiate your order, you are required and obliged to review and confirm your order details, i.e. order amount, available balance, Transaction Fee etc, before submitting your order to JIBEX Platform. Once your order has been submitted to our Platform, it shall be considered that you confirm correctness of your order and execute Transaction on your behalf.
Once you reviewed and confirmed your order, your order will be appeared on JIBEX Platform as an open order and your order will not be considered as a completed Transaction until other buyer or seller accept your order and your accepted order has been verified by Crypto Currency Transaction verification process.
2.2.2. Crypto Currency Transaction Verification Process
Your open order and other buyer or seller’s order details will be transmitted from JIBEX Platform to Blockchain Network or any other Crypto Currency Transaction Verification Network and you cannot reverse, cancel, amend or withdraw your transaction.
JIBEX does not operate or provide Blockchain Network or any other Crypto Currency Transaction Verification Network, thus, your Transaction approval may be delay depending on availability of Blockchain Network or any other Crypto Currency Transaction Verification Network and your Transaction will not be completed until Blockchain Network or any other Crypto Currency Transaction Verification Network verified your Transaction.
Once your open order and other buyer or seller’s order has been verified, Blockchain Network or any other Crypto Currency Transaction Verification Network may deduct reward for miner from your Transaction amount and your Transaction are subjected to Transaction Cost as per described herewith. Once your Transaction has been completed, your wallet will be credited or debited the associated amount after deduction of reward for miner and our Transaction Cost.
3. JIBEX USER ACCOUNT REGISTRATION
3.1. Registration Process
To obtain your JIBEX User Account, you must first register your personal account via registration process on JIBEX Platform. Upon completion of registration process you will be entitled to access to JIBEX services.
By application of your registration for JIBEX USER ACCOUNT, it shall deem that you understood and agreed to abide and accept all term and condition as per described herein. In addition, you agreed to transact and receives any information in electronic form.
3.2. Registration Information
To complete registration, you must be, from time to time, required to provide following information;
3.3. Account Verification
All users who applied for JIBEX user account shall be verified by JIBEX verification process or any other third party who provide Know Your Customer (“KYC”) or Customer Due Diligence (“CDD”) service to ensure that your application is in compliance with Anti-Money Laundering related Law. JIBEX may, at any time, request for more information or extend the registration process as it may seem necessary and fit to verify your identity and/or protect against fraud, including to query identity information contained in public reports (e.g., your name, address, past addresses, or date of birth), to query account information associated with your linked bank account (e.g., name or account balance), and to take action we reasonably deem necessary based on the results of such inquiries and reports. You further authorize all third parties to which such inquiries or requests of such information and may be directed to fully respond to such inquiries or requests from such third party.
3.4. Accept or refuse
You agreed that JIBEX shall have its sole discretion to accept or refuse any registration of user account if you fail to provide complete information or there is any incompleteness of registration process or inappropriate registration information.
3.5. Acceptance of Terms and Conditions
After your registration has been accepted, we will provide you a user and password to access to JIBEX Platform and services. Please read all Terms and conditions set forth herewith before using the Services. If you do not agree to these Terms and Conditions, you may not use the Services.
When you use the Services, you represent and warrant that you have the legal capacity to form a binding contract with us and are doing so by your agreement to these Terms and Conditions. You agree to have these Terms and Conditions and any related information made available to you, and to otherwise have communications between you and us, occur or will be occurred electronically.
These Terms were last updated, and are effective as of, the “Updated” date indicated below. Use of the Services in the future may require you to agree to a new version of these Terms that has been amended or modified by us in our sole discretion.
3.6. Acceptance of using electronic form
You understand that services to be provided by JIBEX will be made in electronic form, electronic information and may not have paper evidence provided to you.
By apply for registration of JIBEX user account, you agree to give us your consent to receive any content from JIBEX including JIBEX affiliate, third party or merchant in electronic form.
To execute any transaction or using of any service which may require your electronic signature, you understand and agree that signing of your signature electronically shall bind in fullest extent of legal binding to the same extent as if you sign such transaction or service with a wet signature on paper document.
4. Transaction cost
You acknowledge and agree that any of your transaction through our services may subject to transaction cost, or fees in accordance with our Transaction Cost announcement where available on our website including but not limited to trading, withdrawal, deposit, wallet, or hold the position which. Such transaction cost, or fee may depend on which cryptocurrency that you exchange as well as market rate of such cryptocurrency. The transaction cost or fee are available on our site (fee schedule) for your reference.
You agree and acknowledge that our Transaction cost maybe change from time to time and it will become effective on the date of publication. We recommend you to always check our communication regarding change of transaction cost or fee where its available.
Also, the Transaction cost or fee will be charge from your account, and you authorized and give a consent to us to deduct any applicable transaction cost or fee from your account at any time you make any transaction.
Before proceeding any Transaction, we will provide you the total value of Transaction amount including transaction cost or fee. By confirm to proceed any Transaction, it shall be deemed that you also accept such Transaction cost or fee.
5. Prohibited use
You may not use your JIBEX Account to engage in the following categories of activity ("Prohibited Uses"). The specific types of use listed below are representative but are not exhaustive activities.
When using the Services, you agree not to do any of the following:
You agreed to allow JIBEX to monitor, review, retain or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request. We reserve the right to cancel or suspend your JIBEX Account or block transactions or freeze funds immediately and without notice if we determine, in our sole discretion, that your Account is associated with a Prohibited Use or a Prohibited Business as will be stated below.
You acknowledge and agree that we have the authority and it is our sole discretion to suspend or terminate your account at any time, if you conduct any activities as stated above or any kind of activities which consider as illegal activity. You will no longer have access to your account and execute any transaction; any pending transaction will be cancelled as well as you will be responsible and liable for any outstanding amount. Your account will be reactivated once the issue is resolved. In any event, you will not hold JIBEX, employee or any third-party for any liability or responsibility for any damage, loss of profit, or losses from termination, suspension of your account.
6. Prohibited Business
In addition to the Prohibited Uses described above, the following categories of businesses, business practices, and sale items are barred from JIBEX Services ("Prohibited Businesses").
The specific types of use listed below are representative but are not exhaustive activity.
When using the Services, you agree not to use any JIBEX Services in connection with any of following businesses, activities, practices, or items of the following:
7. User’s Acknowledgement
By registration and using of JIBEX Services, you agree and acknowledge that:
7.1. the cryptocurrencies available via JIBEX Services are not “securities” within the meaning of the Securities and Stock Exchange of Thailand Act B.E. 2535;
7.2. you have a fullest understanding of technical and business matters relating to cryptocurrencies and blockchain technology to understand these Terms and Condition and to appreciate the risks and implications of using the Services;
7.3. we make no representations or warranties with respect to the cryptocurrencies available for purchase from us and you are solely responsible for researching the cryptocurrencies you purchase and ensuring that your purchases via the Services are made on an informed basis;
7.4. holding cryptocurrencies carries various risks, including those relating to the issuer of and the technology underlying the cryptocurrencies and the value of your cryptocurrencies may decrease to zero;
7.5. the cryptocurrencies are currently not protected by any government or other insurance;
7.6. Any access or transaction arising from login using your username, password, private key, biometric, or any authentication tools in this website shall constitute correct and complete action by you. Any direct or indirect damage from negligence or unauthorized access under this clause shall be considered as your own responsibility and will not be remedied or covered by us;
7.7. cryptocurrencies generally do not afford the holder thereof any rights commonly associated with securities ownership, such as voting rights and rights to participate in the equity of the issuer;
7.8. you waive your right to participate in a class action lawsuit or a class-wide arbitration against any JIBEX and/or the Representatives.
7.9. You understand and agree that our Services is to allow you to use Wallet only and our Service shall not cover making or creating the currency. Nothing in our Services relate to currency exchange services (e.g. US Dollars, Pound, Euro, etc.)
8. Risk Disclosure Statement
By accepting term and condition of this User Agreement, it deems that you are aware and acknowledge that the Crypto Currency investment and the blockchain technology investments are high risk, which is understood to be an event that results in higher level of normal risk, damage, danger or loss. The risk is determined by a number of indicator that are not always predictable and are uncontrollable at any time. The higher expected return is the risk from the portfolio management.
In addition, the market and the exchange of Crypto Currency are not regulated by the same control or customer protection in equity, options, futures or foreign exchange investments.
Therefore, it is your own interest to read this Risk Disclosure Statement carefully. By executing the account mandate, acknowledgement and confirmation, you acknowledge that you have read this Risk Disclosure Statement and understand the risks associated with our services and products. Including, but not limited to, You acknowledge and understand the inherent risks listed hereinafter:
8.1. CRYPTO CURRENCY RISKS
8.2. CYBER RISKS
You understand and accepts that JIBEX software applications and internet-based software platforms that may lead to cyber-attacks or incidents. (Referred as “Cyber-risk”). Cyber-risk may include unauthorized system access or access to your network, private key or device, known as "hacking" activity; infection from computer viruses or other malicious software code, disrupt operation, transaction process, or website access or functionality, or theft of your information. Cyber-risks may arise, such as the unintentional release of confidential information. Any Cyber-risk may affect your investment. Cyber-risk may cause JIBEX and you to lose proprietary data, loss of data, data interruption, loss of ability to process transactions, reduced ability to calculate investment value, or loss of ability to execute transactions and/or to comply with the privacy and other legal regulations. There are also potentially dangerous events, Cyber-risk may result in theft, unauthorized tracking and failure in physical infrastructure or operating systems that support JIBEX and our service providers, including your loss of investment.
To prevent you from and avoid such risk we encourage you to maintain and follow our cyber security guideline or instruction which may be alert or announce to you from time to time.
8.3. FINANCIAL RISKS
There are many factors that affect your investment, such as exchange rate risk, liquidity risk, price risk, fluctuations, token issuer bankruptcy risk, criminal risk, legal risk and operation risk that may result from loss or loss of profits when conducting Crypto Currency market transactions.
These fluctuations may be high risk during times of market disruption and other events. There is no way to ensure that your investment value will be appreciated, or your investment goals will be achieved. Your investment and revenues may also fall, and you may not be able to offset the initial investment that you made. Past performance records are not a recommendation or guarantee of future performance.
You acknowledge and accept that trading of Crypto Currency may be high risk. Crypto Currency trading may resulting in loss or profit. It is not appropriate to raise funds for retirement savings, student loans, mortgage loans, emergency funds, or provident funds for other purposes.
8.4. REGULATORY RISK
Currently, Thailand does not have a regulatory system and legal standards for Cryptocurrency. Crypto Currency in Thailand, it is beyond the scope of investment services and products legally regulated, since such products are not protected by the regulatory framework. Crypto Currency could be traded on non-regulated decentralized digital exchange. It may affect the value of your Crypto Currency investment by uncertainty of, for example, international political developments, changes in government policies, changes in tax policy, restrictions on foreign investment, currency repatriation and the other development of laws and regulations. You acknowledge and accept that trading in such products, you would take significantly higher risk of loss of the investment capital within a short period of time. These factors may cause our services to be temporarily suspended for lawful purposes.
8.5. LIQUIDITY RISK
In some market circumstances, there is a situation that the Crypto Currency may face with shortage of liquidity in response to market developments or adverse perceptions. In addition, there may be only a few buyers willing to buy and your investment cannot be sold at the time or at the desired price, or vice versa.
Nothing in this Agreement indicates or indicates that your investment will or is likely to result in similar profits or losses. In reality, the value of Crypto Currency are subjected to many factors which may effected to its principal value. Nothing in this Agreement will be construed as legal, financial or tax advice regarding to JIBEX services. You should consult your legal, financial or tax advisors before engaging in our services. You should also know that you may be experiencing a financial risk of buying or selling any Crypto Currency for unlimited time.
You acknowledges and agrees that to the extent permitted by applicable law, you will not hold JIBEX, the developer, the auditor, the contractor, the provider, the founders, or any other third party for any damages or claims for any damages or any claims for losses or expenses arising directly or indirectly by or in connection with, from and by negligence of JIBEX, the use or inability to use, any malfunction, defects, interruptions or failures of any transmission, communication system, computer facility or trading software, whether owned by JIBEX, any exchange, settlement or clearing system whatsoever of any kind in any jurisdiction, including without limitation, for breach of warranty, breach of contract or tort (including act of negligence).
We shall not responsible for any errors incur from other wallet or third-party service provider in account balances and reserves the right to modify for correction or adjustment the account. It is our sole discretion and act in good faith in the relevant market at the time of such error. In the case of a market price that is different from the price we have posted, we are on our best effort base, execute transactions on or close to existing market prices. These current market prices will be the prices that will eventually appear in your account statements.
We are not responsible for delays of any unreceived or unread message within our platform. In the event that a message is not received or read within three (3) calendar days, it is deemed you acknowledge such message.
We are not responsible for loss due to unauthorized Transaction or access to all data between us and you by third parties.
Products, services, wallets, or anything in this Agreement are not intended to be securities in any jurisdiction. This Agreement does not constitute a prospectus or solicitation or offer for the sale of any securities in any jurisdiction. You acknowledge that no regulatory agency or government agency has reviewed or endorses any information contained in this Agreement. There is no such procedure required by law, regulation or rule in any jurisdiction. Please note that this Agreement does not imply any law, regulation or regulation applicable in any jurisdiction.
You agree that if any part of these Terms is found to be unlawful or unenforceable in whole or in part, such provisions shall not be enforceable to the extent of defect or incompetence. It does not affect the validity or enforceability. In other manner or in any jurisdiction, and without prejudice to the remaining provisions of the Terms, which shall remain in full force and effect.
This Agreement is available in English and Thai languages. If there is a discrepancy between the translations between the languages, use the English version.
9. Suspension and Termination
Under some circumstances, with or without prior notice, JIBEX may:
(a) suspend your access to any or all the JIBEX Services, or
(b) terminate or cancel your JIBEX Account if:
You agree and acknowledge that any action made by JIBEX in connection with this Suspension or Termination is under no obligation to disclose the details of our reason or detail of procedures to you.
10. Personal Information
By accept this term and condition you allow and consent us to collect, use, disclose or send Personal Information by JIBEX.
For the benefit of interpretation, “Personal Information” shall means any information that is identifiable with you, as an individual. This information may include but not limited to your name, address, telephone number, credit card information, certain financial information, and your e-mail address. Personal Information, however, does not include certain business contact information used for communicating or facilitating communication with you, as an individual, in relation to your employment, business or profession.
You allow us to always collect and store your Personal Information by fair and lawful means (for example, when you register with us, fill out a form, change settings, enter an order or request a transfer). We may collect Personal Information from you directly and/or from third parties, where we have obtained your consent to do so or as otherwise required or permitted by law.
We shall generally use your Personal Information for the purposes of identifying you and your transaction or service, to manage your account, to develop consumer profiles, perform sales analysis and identify marketing opportunities and strategies, to collect opinions and comments in regard to JIBEX’s operations, to investigate and protect you against fraud, to administer JIBEX Platform and any JIBEX software applications.
11. Copyright and infringement
11.1. Your Content
You retain ownership of all your content that you post, upload to, or otherwise share on the Services. However, by posting, uploading, or sharing your content, you grant us a non-exclusive, sub-licensable, royalty-free, worldwide, and perpetual license to use, copy, reproduce, create derivative works from, and display your content in connection with the Services.
Any content or communications that you send or which are sent to you via the Services, whether solicited by us or otherwise, are on a non-confidential basis, and we are free to use and disclose the content of any such communication, including any ideas, inventions, concepts or know-how disclosed therein, for any purpose including developing, manufacturing and/or marketing goods and services. You agree to not assert any ownership right of any kind in such communications (including copyright, trade-mark, patent, unfair competition, moral rights, or implied contract) (Hereinafter refer to as “Licensed Content”). If you send Licensed Content to us or the Services, you automatically grant us and our successors and assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Licensed Content or any ideas, concepts, know-how or techniques associated with the Licensed Content for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or anyone else, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of us or our successors or assigns.
You waive all author’s moral rights in your content and Licensed Content (including the right to be associated with your content or Submission) upon submission, as well as the right to receive any financial or other consideration in connection with your content and Licensed Content.
11.2. JIBEX Content
JIBEX may display post or distribute, “JIBEX” or the JIBEX logo, and any other trademarks used on the Services are trademarks or registered trademarks of JIBEX or its affiliates or licensors, in Thailand and other countries, information, data, text, software, sound, photographs, graphics, video, messages or other materials (hereinafter shall be referred as "JIBEX Content"), whether publicly or privately posted. JIBEX shall always own and JIBEX Content shall always belong to JIBEX or JIBEX licensor.
You, to use such Content, shall be entirely responsible for all upload, post, email, transmit or otherwise make available of JIBEX Content via the Service.
JIBEX does not control JIBEX Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of JIBEX Content.
You understand that under no circumstances will JIBEX be liable in any way for any JIBEX Content, including, but not limited to, any errors or omissions in any JIBEX Content, or for any loss or damage of any kind incurred because of the use of any JIBEX Content posted, emailed, transmitted or otherwise made available via the Service.
All JIBEX Content, the selection, compilation, arrangement and presentation of all materials, and the overall design of the Services are copyrighted by JIBEX or our licensors and are protected by Thailand and international intellectual property laws. Use of the JIBEX Content without our express prior written permission is strictly prohibited.
Our trademarks may not be used in connection with any product or service without our express written permission.
12. General Provision
12.1. No Agency. JIBEX is an independent contractor for all purposes. Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, you and JIBEX to be treated as partners, joint ventures, or otherwise as joint associates for profit, or either you or JIBEX to be treated as the agent of the other.
12.2. Password Security and User Account Information. You are responsible for maintaining adequate security and control of all IDs, user and passwords, hints, personal identification numbers (PINs), API keys, public or private key or any other codes that you use to access the JIBEX Services. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your JIBEX Account by third-parties and the loss or theft of any Crypto Currency and/or funds held in your JIBEX Account and any associated accounts, including your linked bank account(s) and credit card(s). You are responsible for keeping your email address and telephone number up to date in your Account Profile to receive any notices or alerts that we may send you. You have to response and hold harmless from use of your User Account Information or any compromise of account login credentials due to no fault of JIBEX or fail to comply with our security guideline or announcement. In the event you believe your JIBEX Account information has been compromised, contact JIBEX Support immediately.
12.3. Taxes. It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the JIBEX Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Your transaction history is available through your JIBEX Account.
12.4. Release of JIBEX; Indemnification. If you have a dispute with one or more users of the JIBEX services, you release JIBEX, its affiliates and service providers, and each of their respective officers, directors, agents, joint venturers, employees and representatives from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. You agree to indemnify and hold JIBEX, its affiliates and Service Providers, and each of its or their respective officers, directors, agents, joint venturers, employees and representatives, harmless from any claim or demand (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to your breach of this Agreement or your violation of any law, rule or regulation, or the rights of any third party.
12.5. Disclaiming. By accepting this User Agreement, you acknowledged that JIBEX provide Hosted Crypto Currency Wallet services which is hosted on JIBEX server or third-party server which assigned or designated by JIBEX. Although, JIBEX provide adequate, sufficient and up to date IT security environmental at the adherence standard and/or reasonable duty of care to prevent your data from unappropriated cyber attacking or harassment, JIBEX encourage you to keep your user account’s information and password securely and safely. Also, not authorized or allow other person to use or access to your account whether it is in your awareness or not. JIBEX shall not liable and responsible in any negligence or lack of your duty of care of your user account.
12.6. Limitation of Liability. In no event shall JIBEX, its affiliates and service provider, or any other of its representative, officer, director, agent employees be liable for i) any amount greater than the value of your existing Crypto Currency deposit in your wallet or ii) any lost of profit or interest or business opportunities, incidental, indirect intangible or consequential damages whether it is occurred by any contract, tort, negligence, strict liability or any other legal transaction or use of Platform whether it is authorised or un authorised use.
12.7. No Representation and Warranty. The Services of JIBEX are provided on an "as is" and "as available" basis. JIBEX makes no representations and warranty whether express, implied or statutory, including but not limited to, the accuracy or completeness of historical Crypto Currency price data available on the JIBEX Platform. JIBEX will make reasonable efforts to ensure that requests for electronic debits and credits involving any Transaction are processed in a timely manner but JIBEX makes no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control.
To the maximum extent permitted by applicable law, JIBEX specifically disclaims any implied warranties of title, merchantability, fitness for a purpose and/or non-infringement. JIBEX does not make any representations or warranties that access to the JIBEX platform, any part of the JIBEX services, or any of the contents contained therein, will be continuous, uninterrupted, timely, or error-free.
12.8. FATCA and U.S. securities Laws. The websites and the services offered by JIBEX are NOT addressed to persons who have their registered office or place of residence in USA. You represent and warrant that you are not U.S. Taxpayer or U.S. resident who are subjected to law and regulation related to FATCA and U.S. securities related law. If you provide misrepresentations or warranties, you will automatically agree and allows JIBEX to cancel, terminate suspend or acting any procedure in compliance with such related law.
12.9. Entire Agreement. This Agreement, or any other Appendices incorporated by reference herein constitute the full and entire understanding and agreement between the parties with respect to the subject matter hereof, and any other written or oral agreement relating to the subject matter hereof existing between the parties are expressly cancelled.
12.10. Amendments. We may amend, change or modify any term and condition of this Agreement on JIBEX Platform or email you the revision and the revision shall be effective at such time. If you do not agree with any such amendment, changes or modification, you are entitling to terminate your use of the Services and close your account. You agree that we shall not be liable to you or any third party for any modification or termination of the JIBEX Services, or suspension or termination of your access to the JIBEX Services, except to the extent otherwise expressly set forth herein.
12.11. Assignment. You may not assign any rights and/or licenses granted under this Agreement. We reserve the right to assign our rights without restriction, including without limitation to any JIBEX affiliates or subsidiaries, or to any successor in interest of any business associated with the JIBEX Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
12.12. Severability. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.
12.13. Change of Control. In the event that JIBEX is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.
12.14. Survival. All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, sections pertaining to suspension or termination, JIBEX Account cancellation, debts owed to JIBEX, general use of the JIBEX Platform, disputes with JIBEX, and general provisions, shall survive the termination or expiration of this Agreement.
12.15. Governing Law. This Agreement will be governed by Thai law and the non-exclusive jurisdiction of the Thai courts.
12.16. Force Majeure. We shall not be liable for any delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
12.17. No Investment Advice or Brokerage. JIBEX provide service as an independent service provider. For the avoidance of doubt, no service, JIBEX Content, transaction or any communication of JIBEX shall be considered as investment, tax, financial advice, or legal advice. Also, JIBEX shall not act or transact any trades on your behalf as a broker. All JIBEX transaction must be executed by your order instructions and in accordance with posted Trade execution procedures, and you are solely responsible and obligate for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance.
Your privacy is important to us. Please read this Privacy Agreement carefully as it describes the types of data we collect, how it is used, and with whom and what circumstances it will be shared.
Please be aware that the Privacy Agreement may be amend or revise from time to time to take into consideration changes in legislation or other issues that may arise. We reserve the right to amend or revise at any time. If this Privacy Agreement have been amended or revised. We will post it on our website and make it available or we may send it to you by email. And it is your responsibility to review this Privacy Agreement frequently to stay informed about our information practices.
Your continued use of your account or our services following notice of such changes, it will be deemed that you acknowledge and accept to the new Privacy Agreement. If you do not agree with any changes, revise or amend of the Privacy Agreement, you must stop using your account or our services immediately. As such, you must notify us to close your account or terminate your services with us.
COLLECTION OF INFORMATION
When you apply for our services, use our Platform, you acknowledge and agree that we may collect your personal information and other information which may include but not limited to as describe below:
We may use information about you for various purposes as described below:
DISCLOSURE AND SHARE OF INFORMATION
You acknowledge that your information and other data may be share or disclose. Also, you acknowledge and agree that we have the right to disclose and share your information to any third party only under the following circumstances:
A. Disclosure permitted by law. We may disclose or share your information with government, enforcement agencies or other assisting us, when we are:
B. Information sharing with Third Parties.
We take your privacy security issues very seriously. We take reasonable procedure to maintain strictly security standard as well as we have in place an appropriate technical and security measures to protect and secure your personal information and prevent unlawful or unauthorize access to or accidental loss of information we collected.
Nevertheless, data transmission via the internet is not completely secure, and we cannot guarantee, give no warranties, and shall not be liable for breach of your information sent over the internet. If you communicate with us via email, please note that the security over the internet is uncertain. Sending a sensitive or confidential information which are not encrypted may exposed your information or lack of confidential over the internet. So, any transmission is at your own risk. As well as, you are responsible for keeping your private key and user detail confidential. Please be aware that the internet is not 100% secure and it can be intercept by any hacker or anyone.
REFUSING OR WITHDRAWING OF CONSENT
You can refuse or withdraw your consent to our collection of your information, use, disclosure or sharing of your information at any time in the future by providing us a notice. Nevertheless, refusing or withdrawal of collecting of your information may prevent us, or continue to provide you, with some of our Services functions or some information that might be valuable to you.
Once we received your request, we will act as soon as possible. However, please note that some of your information we may not be able to process immediately depending on certain uses.
Nevertheless, in some circumstance, you may not be able to refuse or withdraw your consent of our collection, use, or disclosure of information required by third party service provider, regulator, law enforcement. As such your information may be assessible to regulator, law enforcement, or government authorities.
In case that we found any leak or breach of your information, you agree to let us contact you via the contact details provided to us in your user account immediately. For our side, you can contact us for any queries, concerns, or comments regard to this Privacy Agreement by sending email to [email protected]