Y5 Crypto Exchange – User Agreement
Agreement Content and Signature
Before registering a user’s account with Y5 Crypto or engaging yourself with any services provided by / through the Platform, please make sure you have read and understood each and every term and condition contained in this Agreement. We may, in our sole discretion, refuse to open a Y5 Crypto Account, limit the number of accounts that you may hold or suspend / terminate any Y5 Crypto account or the trading of specific digital currencies in your account.
You may consult Y5 Crypto if you have any question of this Agreement. However, regardless of whether you have carefully read through this Agreement before using the Services, you shall be bound by this Agreement as long as you use the Services. You shall not claim to void or rescind this Agreement on the ground that you did not read this Agreement, or you did not receive any respond from Y5 Crypto to your consultation. You hereby promise to accept and observe this Agreement. If you do not agree to this Agreement, you shall immediately stop registration / activation or withhold from using the Services offered through the Platform.
Registration and Account
Eligibility of Registrants
You hereby confirm that you are an individual, legal person or other organization with full capacity for civil rights and civil conducts when you complete the registration or actually use the Services in any other way allowed by Y5 Crypto. If you do not have the aforementioned capacity, you and your guardian shall undertake all the consequences resulted therefrom, and Y5 Crypto reserve the right to either temporarily or permanently suspend your account as well as pursuing claims against you and your guardian for compensation.
Registration and Account
You shall be bound by this Agreement once you have filled in the relevant information, read and agreed to this Agreement and completed the registration process following the instructions on the registration page or upon your actual use of the Services in a way permitted by Y5 Crypto. You may log into the Platforms by either using your email address or mobile phone number that you have provided, or any other means permitted by Y5 Crypto. You must provide your real name, ID type, ID number and other information required by the laws and regulations. If any information you have provided during the registration is inaccurate, Y5 Crypto do not accept any responsibility for any resulting loss, direct or indirect, and adverse consequences resulted therefrom will be borne by the User.
Y5 Crypto accounts can only be used by the person whose name they are registered under. Y5 Crypto reserves the right to suspend or terminate accounts that are used by persons other than the persons whose names of the accounts are registered under. Decisions will be made at the sole discretion of Y5 Crypto. Y5 Crypto will also not take legal responsibility for these accounts.
During the registration or activation, you shall accurately provide and update your information in a timely manner by following the instructions on the relevant page according to the laws and regulations stated in order to ensure the information is truthful, timely, complete and accurate. If there is any reasonable doubt that any information provided by you is wrong, untruthful, outdated or incomplete, Y5 Crypto reserve the right to send you a notice to enquire and demand corrections, remove relevant information directly and, as the case may be, terminate all or part of the Agreement. Y5 Crypto will not take any responsibility and any loss, direct or indirect, and adverse consequence resulted therefrom will be borne by the User.
You shall be solely responsible for the safekeeping of your Y5 Crypto account and password and you shall be responsible for all activities under your log-in email and Y5 Crypto account (including but not limited to information disclosure, information posting, consent to or submission of various rules and agreements by clicking on the website, online renewal of agreement or online purchase of services, etc.). You hereby agree that:
You will notify Y5 Crypto immediately if you are aware of any unauthorized use of your account and password by any person or any other violations to the security rules;
You will strictly observe the security, authentication, dealing, charging, withdrawal mechanism or procedures of the website/service; and
You will log out the website by taking proper steps at the end of every visit. Y5 Crypto shall not and will not be responsible for any loss caused by your failure to comply with this provision. You understand that Y5 Crypto needs reasonable time to take actions upon your request, and Y5 Crypto will not undertake any responsibility for the consequences (including but not limited to any of your loss) that have occurred prior to such actions.
Y5 Crypto Services
Through the Services offered by Y5 Crypto and other services provided by the exchange and its affiliates, members may post deal information, access to the pricing and dealing information of a deal and carry out the deal, participate in activities organized by Y5 Crypto and enjoy other information services and technical services. If you have any dispute with other members arising from any transaction on Y5 Crypto, once such dispute is submitted by one or both of you and the other member to Y5 Crypto for dispute resolution, Y5 Crypto reserve the right to make the decision at its sole discretion.
You hereby acknowledge and accept the discretion and decision of Y5 Crypto. You acknowledge and agree that Y5 Crypto may, on requests from governmental authorities (including judicial and administrative departments), provide user information provided by you to Y5 Crypto, transaction records and any other necessary information. If you are suspected of infringing upon any other’s intellectual rights or other legitimate interests, Y5 Crypto may provide the necessary ID information of you to the interest holder if Y5 Crypto preliminarily decides that the infringement exists.
All the applicable taxes and all the expenses in relation to hardware, software, service and etc. arising during your use of the Y5 Crypto Service shall be solely borne by you. By using this service you accept that all trade executions are final and irreversible. By using the Services offered through the Platform, the User accepts that Y5 Crypto reserves the right to liquidate any trades at any time regardless of the profit or loss position.
User’s Guide of Y5 Crypto Service
You hereby promise to observe the following covenants during your use of the Services on Y5 Crypto’s Platform. All the activities that you carry out during the use of the Services will be in compliance with the requirements of laws, regulations, regulatory documents and various rules of Y5 Crypto, will not be in violation of public interests, public ethnics or other’s legitimate interests, will not constitute evasion of payable taxes or fees and will not violate this Agreement or relevant rules. If you violate the foregoing promises and thereby cause any legal consequence, you shall independently undertake all of the legal liabilities in your own name and hold Y5 Crypto harmless from any loss resulted from such violation. During any transaction with other members, you will be in good faith, will not take any acts of unfair competition, will not disturb the normal order of online transactions, and will not engage in any acts unrelated to online transactions. You will not use any data on Y5 Crypto for commercial purposes, including but not limited to using any data displayed on Y5 Crypto through copy, dissemination or any other means without prior written consent of Y5 Crypto. You will not use any device, software or subroutine to intervene or attempt to intervene the normal operation of Y5 Crypto or any ongoing transaction or activities on Y5 Crypto. You will not adopt any action that will induce unreasonable size of data loading on the network equipment of Y5 Crypto.
You acknowledge and agree: Y5 Crypto shall have the right to unilaterally determine whether you have violated any of the covenants above and, according to such unilateral determination, apply relevant rules and take actions thereunder or terminate services to you, without your consent or prior notice to you. As required to maintain the order and security of transactions on Y5 Crypto, Y5 Crypto shall have the right to close relevant orders and take other actions in case of any malicious sale or purchase or any other events disturbing the normal order of transaction of the market. If your violation or infringement has been held by any effective legal documents issued by judicial or administrative authorities, or Y5 Crypto determines at its sole discretion that it is likely that you have violated the terms of this Agreement or the rules or the laws and regulations, Y5 Crypto shall have the right to publish on Y5 Crypto such alleged violations and the actions that having been taken against you by Y5 Crypto. As to any information you may have published on Y5 Crypto that is suspected of violating or infringing upon the law, other legitimate interests or this Agreement or the rules, Y5 Crypto shall have the right to delete such information without any notice to you and impose punishments according to the rules. As to any act you may have carried out on Y5 Crypto, including those you have not carried out on Y5 Crypto but have had impacts on Y5 Crypto and its users, Y5 Crypto shall have the right to unilaterally determine its nature and whether it constitutes violation of this Agreement or any rules, and impose punishments accordingly. You shall keep all the evidence related to your acts on your own and shall undertake all the adverse consequences resulted from your failure to discharge your burden of proof. If your alleged violation to your promises causes any losses to any third party, you shall solely undertake all the legal liabilities in your own name and hold Y5 Crypto harmless from any loss or extra expenses. If, due to any alleged violation by you to the laws or this Agreement, Y5 Crypto incurs any losses, is claimed by any third party for compensation or suffers any punishment imposed by any administrative authorities, you shall indemnify Y5 Crypto against any losses and expense caused thereby, including reasonable attorney’s fee.
Scope and Limitation of Liability
Y5 Crypto will provide Y5 Crypto Service at an “as is” and “commercially available” condition. Y5 Crypto disclaims any express or implied warranty with regards to Y5 Crypto Service, however, including but not limited to applicability, free from error or omission, continuity, accuracy, reliability or fitness for a particular purpose. Meanwhile, Y5 Crypto disclaims any promise or warranty with regards to the effectiveness, accuracy, correctness, reliability, quality, stability, completeness and timeliness of the technology and information involved by Y5 Crypto Services.
You are fully aware that the information on Y5 Crypto is published by users on their own and may contain risks and defects. Y5 Crypto serves merely as a venue of transactions. Y5 Crypto serves merely as a venue where you acquire coin related information, search for counterparties of transactions and negotiate and conduct transactions, but Y5 Crypto cannot control the quality, security or legality of the coin involved in any transaction, truthfulness or accuracy of the transaction information, or capacity of the parties to any transaction to perform its obligations under the transaction documents. You shall cautiously make judgment on your own on the truthfulness, legality and effectiveness of the coin and information in question and undertake any liabilities and losses that may be caused thereby.
Unless expressly required by laws and regulations or any of the following circumstances occurs, Y5 Crypto shall not have any duty to conduct preliminary review on information data, transaction activity and any other transaction related issues of all users: Y5 Crypto has reasonable cause to suspect that a particular user and a particular transaction may materially violate the law or agreement. Y5 Crypto has reasonable cause to suspect that the activities conducted on Y5 Crypto by a user may be illegal or improper. Y5 Crypto or the third party authorized by Y5 Crypto, or the third party agreed by you and Y5 Crypto, based on your irrevocable authorization, has the right to mediate the dispute between you and other members arising from the transaction, and has the right to unilaterally judge the facts related to the dispute and the applicable rules, and then make a decision, including but not limited to adjusting the transaction status of the relevant order, instructing the third party payment company or customer service company to pay all or part of the disputed payment to one or both parties of the transaction. The decision is binding on you. If you fail to implement the decision within the time limit, Y5 Crypto has the right (but not the obligation) to directly use the fund you still have in Y5 Crypto account, or pay the guarantee fund you paid to Y5 Crypto and its affiliated companies on behalf of you. You shall timely make up the deposit and make up for the losses of Y5 Crypto and its affiliates, otherwise, Y5 Crypto and its affiliates have the right to directly offset your rights and interests under other contracts, and have the right to continue to claim from you.
You understand and agree that Y5 Crypto, the third party authorized by Y5 Crypto, or the third party agreed by you and Y5 Crypto, is not a judicial institution, and can only identify the evidence as an ordinary person. The mediation of the dispute by Y5 Crypto or the third party authorized by Y5 Crypto or the third party agreed by you and Y5 Crypto is completely based on your irrevocable authorization, which cannot guarantee that the result of the dispute settlement meets your expectations, and shall not bear any responsibility for the conclusion of dispute settlement. If you suffer losses as a result, you agree to claim from the beneficiary.
You acknowledge and agree, Y5 Crypto shall not be liable for any of your losses caused by any of the following events, including but not limited to losses of profits, goodwill, usage or data or any other intangible losses (regardless whether Y5 Crypto has been advised of the possibility of such losses): use or failure to use Y5 Crypto Services).
Termination of Agreement
You hereby agree that, Y5 Crypto shall have the right to terminate all or part of Y5 Crypto Services to you, temporarily freeze or permanently freeze (cancel) the authorizations of your account on Y5 Crypto at Y5 Crypto’s sole discretion, without any prior notice, for whatsoever reason, and Y5 Crypto shall not be liable to you; however, Y5 Crypto shall have the right to keep and use the transaction data, records and other information that is related to such account. In case of any of the following events, Y5 Crypto shall have the right to directly terminate this Agreement by cancelling your account, and shall have the right to permanently freeze (cancel) the authorizations of your account on Y5 Crypto and withdraw the corresponding Y5 Crypto account thereof:
After Y5 Crypto terminates services to you, you are suspected of registering in any other person’s name as Y5 Crypto user again, directly or indirectly;
The email provided by you does not exist or cannot receive email, and there is no other way to contact you, or Y5 Crypto informs you to change email information by other contact information, and you have not changed it to a valid email within three working days after Y5 Crypto notification;
The main content of user’s information that you have provided is untruthful, inaccurate, outdated or incomplete;
When this Agreement (including the rules) is amended, you expressly state and notify Y5 Crypto of your unwillingness to accept the amended service agreement;
Any other circumstances where Y5 Crypto deems it should terminate the services.
After the account service is terminated or the authorizations of your account on Y5 Crypto is permanently froze (cancelled), Y5 Crypto shall not have any duty to keep or disclose to you any information in your account or forward any information you have not read or sent to you or any third party.
You agree that, after the termination of agreement between you and Y5 Crypto, Y5 Crypto shall still have the rights to: keep your user’s information and all the transaction information during your use of Y5 Crypto Services. Claim against you according to this Agreement if you have violated any laws, this Agreement or the rules during your use of Y5 Crypto Services. After Y5 Crypto suspends or terminates Y5 Crypto Services to you, your transaction activities prior to such suspension or termination will be dealt with according to the following principles and you shall will take care of on your own efforts and fully undertake any disputes, losses or extra expenses caused thereby and keep Y5 Crypto harmless from any losses or expenses: Y5 Crypto shall have the right to delete, at the same time of suspension or termination of services, information related to any un-traded tokens that you have uploaded to Y5 Crypto prior to the suspension or termination. If you have reached any business contract with any other users prior to the suspension or termination but such contract has not been actually performed, Y5 Crypto shall have the right to delete information related to such purchase agreement and the coins in question. If you have reached any business contract with any other users prior to the suspension or termination and such contract has been partially performed, Y5 Crypto may elect not to delete the transaction; provided, however, Y5 Crypto shall have the right to notify your counterparty of the situation at the same time of the suspension or termination.