Terms of Service
SAFEX (Website: https://www.safex.hk) is a platform dedicated to providing users with digital asset trading and related services (hereinafter referred to as "the Service" or "Services"). The platform is wholly owned by SAFEX LIMITED.
These Terms of Service, together with any other appendices, terms and conditions, or documents expressly incorporated herein, constitute the entire agreement between the parties (collectively, "the Agreement"). In the event of any inconsistency between these Terms of Service and any other appendices, terms, and documents, the provisions of these Terms of Service shall prevail. All other information or oral/written statements provided on the trading platform are not included in these terms and do not constitute a legal agreement between the parties. The use of the trading platform and services is subject to these terms.
By accessing and using this website in any way, you acknowledge that you have read, understood, and agreed to the terms contained in this Agreement. SAFEX may change any terms under this Agreement without notice. You agree that you will continue to be bound by the terms and conditions of this Agreement, and SAFEX is under no obligation to inform you of any changes to the terms. You understand that it is your responsibility and ability to access and review these terms of service at any time, and you have no objection to this.
In no event shall you acquire any rights to this website (except for the right to use this website and any other terms and conditions governing specific services or any part of this website as provided under these terms and any other terms and conditions governing specific services), nor shall you be deemed to have any rights to this website.
If you do not accept the terms of service contained in this Agreement, please do not access this website or use the services.
I. Scope of Application:
We would like to remind you: (1) Digital assets themselves are not issued by any financial institution, company, or this website; (2) The digital asset market is new, unconfirmed, and may not grow; (3) Digital assets are mainly used by speculators, with relatively little use in retail and commercial markets. Digital asset trading carries extremely high risks, with continuous trading throughout the day, no price limits, and prices susceptible to significant fluctuations influenced by market makers and global government policies; (4) Digital asset trading carries extremely high risks and is not suitable for the vast majority of people. You understand and comprehend that this trading may lead to partial or total loss, so you should decide on the amount of trading based on the extent of loss you can afford. You understand and comprehend that digital assets may generate derivative risks, so if you have any doubts, it is recommended to seek assistance from a professional advisor first. In addition, in addition to the risks mentioned above, there will be unpredictable risks. You should carefully consider and evaluate your financial situation and the above risks before making any decision to buy or sell digital assets and bear all the losses arising therefrom, for which we do not assume any responsibility.
Kindly note: (1) You understand that this website is only a venue for you to obtain digital asset information, find transaction parties, negotiate digital asset transactions, and conduct transactions. This website does not participate in any of your transactions, so you should carefully judge the authenticity, legality, and validity of relevant digital assets and/or information and bear the responsibility and loss arising therefrom. (2) Any opinions, messages, discussions, analyses, prices, advice, and other information on this website are general market comments and do not constitute investment advice. We do not assume any responsibility for any loss incurred directly or indirectly due to reliance on such information, including but not limited to any loss of profit. (3) The content of this website is subject to change at any time without notice, and we have taken reasonable measures to ensure the accuracy of the information on the website, but we cannot guarantee its accuracy and will not be responsible for any loss arising directly or indirectly from the information on this website or from the failure to link to the Internet, transmit or receive any notifications and information when delayed or failed. (4) The use of internet-based trading systems also carries risks, including but not limited to failures of software, hardware, and internet connections. Since we cannot control the reliability and availability of the internet, we are not responsible for any distortion, delay, or connection failures.
II. Website Usage
2.1 Your use of this website shall not cause or be likely to cause damage to the website or impair its availability or accessibility; nor shall you use this website in any illegal, unlawful, fraudulent, or harmful manner or in connection with any illegal, unlawful, fraudulent, or harmful purpose or activity. 2.2 You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material that contains (or is linked to) spyware, computer viruses, Trojan horses, worms, keystroke loggers, malicious software, or other malicious computer software. 2.3 Without the express
written consent of SAFEX, you must not engage in or conduct any systematic or automated data collection activities on or in relation to this website (including but not limited to scraping, data mining, data extraction, and data harvesting). 2.4 Users are responsible for ensuring the confidentiality of all usernames and passwords. If your username and password are lost or disclosed, you are responsible for notifying SAFEX immediately. After receiving the notification, SAFEX will reset your password. 2.5 All users must understand that maintaining the security of the trading website is SAFEX's top priority. All users acknowledge that at no time will they intentionally compromise the security or integrity of the SAFEX website or any third-party software provider. 2.6 At no time shall any user disrupt the website and interfere with any part of its functionality. 2.7 Except for accounts to which users have access, all users have no right to use or access any other accounts on the SAFEX website. 2.8 No user is authorized to upload any material to SAFEX's website, nor is any user authorized to download any other files from the website other than files available for public download. 2.9 Accessing SAFEX's website indicates that you agree that all your transactions are conducted for the legal interests of your user account. 2.10 Opening an account indicates that you agree and warrant: a) You have accepted these terms; b) You are at least 18 years old and have the legal capacity to accept these terms; c) You are the legal owner of the bitcoins or ethers you add to your SAFEX account. d) Using SAFEX's services does not violate the laws of your jurisdiction; e) You are aware of the risks associated with using SAFEX's services. These risks include the high volatility of bitcoins and ethers, and you may lose all the bitcoins or ethers in your trading account if the market moves unfavorably; f) You will not engage in or initiate any form of market manipulation, including false orders or other behaviors; g) The information or documents you provide are correct, true, and up-to-date; h) The bitcoin or ether withdrawal address you provide is your own address, and you have full control over it. i) If you reside in China, the United States, or Canada, you also understand and acknowledge that you are not allowed to hold positions or enter into contracts on SAFEX. You understand and acknowledge that if we find that any SAFEX trading participant has made false statements about their location or residence, SAFEX has the right to immediately close any of their accounts and liquidate any open trades. j) Subscribe to newsletters. 2.11 SAFEX will provide market data to facilitate users' use of this website. SAFEX does not guarantee the timeliness, order, accuracy, or completeness of market data, and you accept and agree that SAFEX is not responsible for any inaccuracies, errors, delays, or omissions caused by users' use of such market data. 2.12 SAFEX reserves the right to modify and/or terminate any or all services without notice to users. 2.13 SAFEX does not guarantee that the website will be uninterrupted or error-free. Among other things, the operation and availability of the SAFEX platform may be unpredictable and may be inaccessible from time to time. SAFEX is not responsible for any interference that prevents you from accessing or using this website and services. 2.14 SAFEX reserves the right to verify your identity at any time. 2.15 We may impose certain transaction restrictions before requesting additional personal information about you and your transactions. Conducting business on this website indicates that you agree to cooperate with us during this process and provide all documents or information we may request. 2.16 We are responsible for maintaining market order, and for this reason, we may decide to stop trading on this website due to market disruptions or other related external events. We are not responsible for any claims of loss or loss of profit due to the suspension of trading. 2.17 If SAFEX believes that the transaction price deviates from the expected price level of an orderly market, SAFEX has the right to cancel the transaction or adjust the transaction price.
III. Financial Advice
Any communication or information provided by SAFEX to you is not intended to be or should not be regarded or interpreted as investment advice, financial advice, trading advice, or any other type of advice. Except as otherwise provided in these terms of use, all transactions are automatically executed based on the parameters of your order instructions and the published transaction execution procedures, and you should determine whether any investment, investment strategy, or related transaction is suitable for you based on your personal investment objectives, financial situation, and risk tolerance, and bear any losses or liabilities on your own.
IV. Indemnification
4.1 You agree to indemnify and hold harmless SAFEX, its contractors, 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 this website (including but not limited to your
violation of this Agreement). 4.2 In no event shall SAFEX or its suppliers or licensors be liable for any of the following under any contract, negligence, strict liability, or other legal or equitable theory with respect to the subject matter of this Agreement: a) Any special, incidental, or consequential damages; b) The cost of procurement or substitute products or services; c) Interruption of use, loss, or corruption of data; or d) Any amounts that exceed the fees paid by you to SAFEX under this Agreement during the twelve (12) months prior to the cause of action. SAFEX shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
VI. Limited Liability
6.1. Except to the maximum extent permitted by applicable law, SAFEX, our directors, employees, agents, suppliers, dealers, service providers, or other users shall not be liable for any direct, special, indirect, incidental, consequential, punitive, or exemplary damages, including but not limited to damages for loss of use, loss of profits, loss of information, business interruption, damage to reputation or goodwill (whether based on contract, tort (including but not limited to negligence)), or arising from the use or inability to use this website or errors, omissions, interruptions, deletions, defects, viruses, delays in operation or transmission, or website functionality failure or transmission of any information to SAFEX. 6.2. To the maximum extent permitted by applicable law, the liability of SAFEX, our directors, employees, agents, suppliers, dealers, service providers, or other users under any circumstances shall not exceed the fees paid by you to SAFEX within six (6) months prior to the date the liability arose, regardless of whether it is based on contract, warranty, tort (including but not limited to negligence), product liability, strict liability, or arising from the use or inability to use this website or errors, omissions, interruptions, deletions, defects, viruses, delays in operation or transmission, or website functionality failure. 6.3. If we are unable to perform the services set forth in the service terms due to factors beyond our control (including but not limited to force majeure events, changes in law, or changes in sanctions policies), we shall not be liable for any services provided under this agreement during the occurrence of such events.
VII. Intellectual Property Rights
7.1 All intellectual property rights related to all materials used on this website (including but not limited to designs, structures, layouts, graphic images, and underlying source code) are owned by SAFEX and all rights are reserved. 7.2 By submitting content to any public area of this website (including blogs, message boards, and forums), you irrevocably grant a royalty-free, non-exclusive right and license for us to use, copy, modify, adapt, publish, translate, create derivative works, distribute, disclose to the public, perform and display (in whole or in part) such content throughout the duration of any rights that may exist in such content, and to incorporate such content into other works in any form, media, or technology now known or later developed. You also allow any subscribing user to access, display, view, store, and reproduce such content for personal use. 7.3 Logging into this website or using any services provided by this website does not constitute a transfer of any intellectual property rights to you.
VIII. Termination of Agreement
8.1 This website has the right to terminate all services of this website according to the provisions of this agreement, and this agreement shall terminate on the date of termination of all services of this website. 8.2. After the termination of this agreement, you have no right to request this website to continue to provide any services or fulfill any other obligations, including but not limited to requesting this website to retain or disclose to you any information in your original website account, forwarding any information that has not been read or sent to you or third parties, etc. 8.3 The termination of this agreement does not affect the right of the compliant party to hold the breaching party accountable for other responsibilities.
IX. Privacy Policy
9.1 What information we collect:
9.1.1. Information required for registration: When registering for a SAFEX account, you need to provide information including email, name, password, etc. To enhance account security, you can apply for Google or SMS two-factor authentication, and a mobile phone number is required to activate SMS verification. 9.1.2 Information required to verify user identity: To comply with global industry regulatory standards including anti-money laundering (AML), know your customer (KYC), and counter-terrorism financing (CTF), we are required to collect identity proof documents. This requirement applies to both individual and corporate accounts. 9.1.3. Platform usage information: During the use of the SAFEX platform, we monitor and collect data such as (but not limited to) access date and time, device identification, operating system, browser, and IP address. These information may be obtained directly by SAFEX or third-party service providers. The collection of these data helps ensure our interface is suitable for users on all platforms and provides support during criminal investigations. 9.1.4 Transaction information: For all corporate and individual accounts, we collect transaction information including (but not limited to) deposit snapshots, account balances, transaction records, withdrawals, order activity, and distribution records. The collection of these data is used to monitor suspicious transaction behavior, prevent user fraud, and assist in legal case judgments.
9.2 SAFEX collects information for the following reasons:
9.2.1 Providing and maintaining services: We use collected information to maintain our services and verify user identity. We use IP addresses and unique identifiers stored in your cookies to verify your identity and provide services. Based on legal obligations and system requirements, we cannot provide services without proof of identity, contact information, and transaction-related data.
9.2.2 Protecting users: We use collected information to protect the platform, user accounts, and profiles. We use IP addresses and cookie data to prevent issues like spam, phishing, and Distributed Denial of Service (DDoS) attacks. We analyze transaction activities to detect fraudulent behavior and suspicious fund flows to certain accounts early.
9.2.3 Compliance with legal and regulatory requirements: SAFEX respects individual privacy and data security in executing regulatory, government, and general user requests. We do not disclose or provide any personal information to third parties without the review of our legal team and the consent of the user.
9.2.4 Measuring website performance: We analyze website data to better understand users' product experience. Our operations team continuously analyzes data to ensure a continuous optimization of user experience and promptly resolve various issues encountered during use.
9.2.5 Communication with users: To communicate directly with users, we collect personal information such as email addresses to help users resolve tickets and provide timely notifications about login, transactions, and account security-related activities. If identity is not verified before communication, we cannot respond to user-submitted requests and issues. All communications are properly saved within SAFEX for review of accuracy.
9.2.6 Enforcing terms of use and other agreements: Constantly reviewing and verifying compliance with third-party agreements is very important for SAFEX and our users. To maintain the interests of users, we carefully and rigorously enforce agreements signed with third parties and investigate any violations of our terms of use. SAFEX reserves the right to provide services to any user involved in activities that violate our terms of use.
How to protect user data: SAFEX has implemented multiple security measures to ensure that user information is not lost, misused, or tampered with. Our data security measures include but are not limited to: PCI scanning, Secure Socket Layer (SSL) encryption technology, anonymity, internal data access restrictions, and strict office and file access restrictions. However, the form of internet electronic storage cannot guarantee 100% information security. Therefore, we recommend that you understand and take independent security precautions to protect the security of personal information. If you suspect that personal information, especially account or password information, has been leaked, please freeze your account immediately and contact SAFEX customer service.
No waiver clause: SAFEX's failure to enforce or delay in enforcing any provision of these terms, or failure to exercise any right under these terms, shall not be deemed a waiver of such rights.
Changes to terms: SAFEX reserves the right to change, add, or delete parts of these terms at its own discretion. We will inform you of any significant changes in advance through your account. After receiving such notification, you are responsible for reviewing the revised terms. If you continue to use this website after we publish the notice of changes to these terms, it means you accept and agree to the revised content, and all subsequent transactions will be bound by the revised terms.
Survival clause: If any provision of these terms is determined by a court to be invalid, void, unenforceable, or illegal, the validity and enforceability of the other provisions shall not be affected. If any provision is determined to be unenforceable, you agree that SAFEX may, to the extent permitted by applicable law, revise such provision to make it enforceable.
Applicable law: This agreement is made in accordance with Hong Kong law, and its establishment, interpretation, content, and enforcement are subject to relevant Hong Kong laws; any claims or lawsuits arising from the services provided under this agreement shall be governed, interpreted, and enforced in accordance with Hong Kong law.
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