Please read the terms carefully as they govern your use of Blofin.com Services.THESE TERMS CONTAIN IMPORTANT PROVISIONS INCLUDING AN ARBITRATION PROVISION THAT REQUIRES ALL CLAIMS TO BE RESOLVED BY WAY OF LEGALLY BINDING ARBITRATION.The terms of the arbitration provision are set forth in Article Section X, “Resolving Disputes: Forum, Arbitration, Class Action Waiver”, hereunder. As with any asset, the values of Digital Currencies (as defined below) may fluctuate significantly and there is a substantial risk of economic losses when purchasing, selling, holding or investing in Digital Currencies and their derivatives.
BY MAKING USE OF BLOFIN.COM SERVICES, YOU ACKNOWLEDGE AND AGREE THAT:
- THE DIGITAL CURRENCIES THEMSELVES ARE NOT OFFERED BY ANY FINANCIAL INSTITUTION, CORPORATION OR THIS WEBSITE;
- YOU ARE AWARE OF THE RISKS ASSOCIATED WITH TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES;
- YOU SHALL ASSUME ALL RISKS RELATED TO THE USE OF BLOFIN.COM SERVICES AND TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES; AND
- BLOFIN.COM SHALL NOT BE LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES.
By accessing, using or attempting to use Blofin.com Services in any capacity, you acknowledge that you accept and agree to be bound by these Terms. If you do not agree, do not access Blofin.com or utilize Blofin.com Services.
If you would like to know more about the risks associated with investing in or trading Digital Assets, you can access our General Risk Warning at https://blofin.com/en/risk-warning.
2. Blofin.com Accounts refer to the foundational virtual accounts, including main accounts and subaccounts (if applicable), which are opened by Blofin.com for Users to record on Blofin.com their usage of Blofin.com Services, transactions, asset changes and basic information. Blofin.com Accounts serve as the basis for Users to enjoy and exercise their rights on Blofin.com.
3. Blofin.com Services refer to various services provided to you by Blofin.com that are based on Internet and/or blockchain technologies and offered via Blofin.com websites, mobile applications, clients and other forms (including new ones enabled by future technological development). Blofin.com Services include but are not limited to such as Digital Asset Trading Platforms and novel services to be provided by Blofin.com.
- Blofin.com Platform Rules refer to all rules, interpretations, announcements, statements, letters of consent and other contents that have been and will be subsequently released by Blofin.com, as well as all regulations, implementation rules, product process descriptions, and announcements published in the Help Center or within products or service processes.
- Digital Currencies refer to encrypted or digital tokens or cryptocurrencies with a certain value that are based on blockchain and cryptography technologies and are issued and managed in a decentralized form.
- Digital Assets refer to Digital Currencies, their derivatives or other types of digitalized assets with a certain value.
- KYC refers to the “know-your-customer” process that Blofin.com has put in place before entering into a business relationship or conducting transactions with its Users. As part of this process, Blofin.com may do anything that it deems necessary in order to identify Users, verify their identity, scrutinize and investigate User transactions, or comply with any applicable law or regulation.
9. Users refer to all individuals, institutions or organizations that access, download or use Blofin.com or Blofin.com Services and who meet the criteria and conditions stipulated by Blofin.com. If there exist other agreements for such entities as developers, distributors, market makers, and Digital Currencies exchanges, such agreements shall be followed.
II. General Provisions
- About These Terms
a. Contractual Relationship
These Terms constitute a legal agreement and create a binding contract between you and Blofin Global.
b. Supplementary Terms
c. Changes to These Terms
Blofin.com reserves the right to change or modify these Terms in its absolute sole discretion at any time. Blofin.com will notify such changes by updating the terms on its website. ANY AND ALL MODIFICATIONS OR CHANGES TO THESE TERMS WILL BECOME EFFECTIVE UPON PUBLICATION ON THE WEBSITE OR RELEASE TO USERS. THEREFORE, YOUR CONTINUED USE OF BLOFIN.COM SERVICES IS DEEMED YOUR ACCEPTANCE OF THE MODIFIED AGREEMENT AND RULES. IF YOU DO NOT AGREE TO ANY CHANGES TO THESE TERMS, YOU MUST STOP USING BLOFIN.COM SERVICES IMMEDIATELY. YOU ARE RECOMMENDED TO FREQUENTLY REVIEW THESE TERMS TO ENSURE YOUR UNDERSTANDING OF THE TERMS AND CONDITIONS THAT APPLY TO YOUR ACCESS TO AND USE OF BLOFIN.COM SERVICES.
d. Prohibition of Use
BY ACCESSING AND USING BLOFIN.COM SERVICES, YOU REPRESENT AND WARRANT THAT YOU, INTER ALIA, HAVE NOT BEEN INCLUDED IN OR SUBJECTED TO ANY TRADE EMBARGOES OR ECONOMIC SANCTIONS LIST (SUCH AS THE UNITED NATIONS SECURITY COUNCIL SANCTIONS LIST), THE LIST OF SPECIALLY DESIGNATED NATIONALS MAINTAINED BY OFAC (THE OFFICE OF FOREIGN ASSETS CONTROL OF THE U.S. DEPARTMENT OF THE TREASURY), OR THE DENIED PERSONS OR ENTITY LIST OF THE U.S. DEPARTMENT OF COMMERCE. BLOFIN.COM RESERVES THE RIGHT TO CHOOSE MARKETS AND JURISDICTIONS TO CONDUCT BUSINESS, AND MAY RESTRICT OR REFUSE, IN ITS DISCRETION, THE PROVISION OF BLOFIN.COM SERVICES IN CERTAIN COUNTRIES OR REGIONS.
2. About Blofin.com
Blofin.com mainly serves as a global online platform for Digital Assets trading, and provides Users with a trading platform and other Digital Assets-related services. As further detailed terms, Users must register and open an account with Blofin.com, and deposit Digital Assets into their account prior to trading. Users may, subject to the restrictions set forth in these Terms, apply for the withdrawal of Digital Assets.
Although Blofin.com has been committed to maintaining the accuracy of the information provided through Blofin.com Services, Blofin.com cannot and does not guarantee its accuracy, applicability, reliability, integrity, performance or appropriateness, nor shall Blofin.com be liable for any loss or damage that may be caused directly or indirectly arising from your use of these contents. The information about Blofin.com Services may change without notice, and the main purpose of providing such information is to help Users make independent decisions. Blofin.com does not provide investment or consulting advice of any kind, and is not responsible for the use or interpretation of information on Blofin.com or any other communication medium. All Users of Blofin.com Services must understand the risks involved in Digital Assets trading, and are recommended to exercise prudence and trade responsibly within their own capabilities.
3. Blofin.com Account Registration and Requirements
Please note that there are legal requirements in various countries which may restrict the products and services that Blofin Global can lawfully provide. Accordingly, some products and services and certain functionality within the Blofin.com Platform may not be available or may be restricted in certain jurisdictions or regions or to certain users. You shall be responsible for informing yourself about and observing any restrictions and/or requirements imposed with respect to the access to and use of the Blofin.com Platform and the Blofin.com Services in each country from which the Blofin.com Platform and the Blofin.com Services are accessed by you or on your behalf. Blofin Global reserve the right to change, modify or impose additional restrictions with respect to the access to and use of the Blofin.com Platform and/the Blofin.com Services from time to time at their discretion at any time without prior notification.
c. User Identity Verification
d. Account Usage Requirements
The Blofin.com Account can only be used by the account registrant. Blofin.com reserves the right to suspend, freeze or cancel the use of Blofin.com Accounts by persons other than account registrant. If you suspect or become aware of any unauthorized use of your username and password, you should notify Blofin.com immediately. Blofin.com assumes no liability for any loss or damage arising from the use of Blofin.com Account by you or any third party with or without your authorization.
e. Account Security
Blofin.com has been committed to maintaining the security of User entrusted funds, and has implemented industry standard protection for Blofin.com Services. However, the actions of individual Users may pose risks. You shall agree to treat your access credentials (such as username and password) as confidential information, and not to disclose such information to any third party. You also agree to be solely responsible for taking the necessary security measures to protect your Blofin.com Account and personal information.
You should be solely responsible for keeping safe of your Blofin.com Account and password, and be responsible for all the transactions under your Blofin.com Account. Blofin.com assumes no liability for any loss or consequences caused by authorized or unauthorized use of your account credentials, including but not limited to information disclosure, information release, consent or submission of various rules and agreements by clicking on the website, online agreement renewal, etc.
By creating a Blofin.com Account, you hereby agree that:
- you will notify Blofin.com immediately if you are aware of any unauthorized use of your Blofin.com Account and password or any other violation of security rules;
- you will strictly abide by all mechanisms or procedures of Blofin.com regarding security, authentication, trading, charging, and withdrawal; and
iii. you will take appropriate steps to logout from Blofin.com at the end of each visit.
III. Blofin.com Services
Upon completion of the registration and identity verification for your Blofin.com Account, you may use various Blofin.com Services, including but not limited to, futures trading, copy trading, spot trading, acquiring market-related data, research and other information released by Blofin.com, participating in User activities held by Blofin.com, etc., in accordance with the provisions of these Terms (including Blofin.com Platform Rules and other individual agreements). You understand and agree that, to enjoy Blofin Services, you may be required to agree and conclude separate agreement(s), guidlines, policies, and instructions with Blofin.com which shall form a part of the Legal Documents, by participating in corresponding functions or enjoining applicable Service, you are deemed to have read, understood, and accepted provisions contained therein.
In addition to the foregoing, Blofin.com has the right to:
- Provide, modify or terminate, in its discretion, any or all Blofin.com Services; and
- Allow or prohibit some or all of Users’ use of any Blofin.com Services in accordance with relevant Blofin.com Platform Rules.
Blofin.com has the exclusive authority to determine which Digital Assets are listed on the platform and may add or remove Digital Assets from the platform in its sole discretion, from time to time. Blofin.com may also change the order size available for each Digital Asset. In respect of such additions, removals, or amendments, Blofin.com may, but is not obliged to, notify Users in advance and Blofin.com shall have no liability to Users in connection with such additions, removals or amendments.
- Service Usage Guidelines
Provided that you constantly comply with the express terms and conditions stated in these Terms, Blofin.com grants you a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sublicensable license to access and use Blofin.com Services through your computer or Internet compatible devices for your personal/internal purposes. Unless explicitly authorised by Blofin Global, you are prohibited to use Blofin.com Services for resale or commercial purposes, including transactions on behalf of other persons or entities. All the above actions are expressly prohibited and constitute a material violation of these Terms. The content layout, format, function and access rights regarding Blofin.com Services should be stipulated in the discretion of Blofin.com. Blofin.com reserves all rights not expressly granted in these Terms. Therefore, you are hereby prohibited from using Blofin.com Services in any way not expressly authorized by these Terms.
These Terms only grant a limited license to access and use Blofin.com Services. Therefore, you hereby agree that when you use Blofin.com Services, Blofin.com does not transfer Blofin.com Services or the ownership or intellectual property rights of any Blofin.com intellectual property to you or anyone else. All the text, graphics, user interfaces, visual interface, photos, sounds, process flow diagrams, computer code (including html code), programs, software, products, information and documents, as well as the design, structure, selection, coordination, expression, look and feel, and layout of any content included in the services or provided through Blofin.com Services, are exclusively owned, controlled and/or licensed by Blofin Global or its members, parent companies, licensors or affiliates.
Blofin.com owns any feedback, suggestions, ideas, or other information or materials (hereinafter collectively referred to as “Feedback”) about Blofin.com or Blofin.com Services that you provide through email, Blofin.com Services, or other ways. You hereby transfer all rights, ownership and interests of the Feedback and all related intellectual property rights to Blofin.com. You have no right and hereby waive any request for acknowledgment or compensation based on any Feedback, or any modifications based on any Feedback.
When you use Blofin.com Services, you agree and undertake to comply with the following provisions:
i. During the use of Blofin.com Services, all activities you carry out should comply with the requirements of applicable laws and regulations, these Terms, and various guidelines of Blofin.com;
ii. Your use of Blofin.com Services should not violate public interests, public morals, or the legitimate interests of others, including any actions that would interfere with, disrupt, negatively affect, or prohibit other Users from using Blofin.com Services;
iii. You agree not to use the services for market manipulation (such as pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing or layering, regardless of whether prohibited by law);
iv. Without written consent from Blofin.com, the following commercial uses of Blofin.com data are prohibited:
1) Trading services that make use of Blofin.com quotes or market bulletin board information.
2) Data feeding or streaming services that make use of any market data of Blofin.com.
3) Any other websites/apps/services that charge for or otherwise profit from (including through advertising or referral fees) market data obtained from Blofin.com.
v. Without prior written consent from Blofin.com, you may not modify, replicate, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any copyright statement or label, or license, sub-license, sell, mirror, design, rent, lease, private label, grant security interests in the properties or any part of the properties, or create their derivative works or otherwise take advantage of any part of the properties.
vi. You may not (i) use any deep linking, web crawlers, bots, spiders or other automatic devices, programs, scripts, algorithms or methods, or any similar or equivalent manual processes to access, obtain, copy or monitor any part of the properties, or replicate or bypass the navigational structure or presentation of Blofin.com Services in any way, in order to obtain or attempt to obtain any materials, documents or information in any manner not purposely provided through Blofin.com Services; (ii) attempt to access any part or function of the properties without authorization, or connect to Blofin.com Services or any Blofin.com servers or any other systems or networks of any Blofin.com Services provided through the services by hacking, password mining or any other unlawful or prohibited means; (iii) probe, scan or test the vulnerabilities of Blofin.com Services or any network connected to the properties, or violate any security or authentication measures on Blofin.com Services or any network connected to Blofin.com Services; (iv) reverse look-up, track or seek to track any information of any other Users or visitors of Blofin.com Services; (v) take any actions that imposes an unreasonable or disproportionately large load on the infrastructure of systems or networks of Blofin.com Services or Blofin.com, or the infrastructure of any systems or networks connected to Blofin.com services; (vi) use any devices, software or routine programs to interfere with the normal operation of Blofin.com Services or any transactions on Blofin.com Services, or any other person’s use of Blofin.com Services; (vii) forge headers, impersonate, or otherwise manipulate identification, to disguise your identity or the origin of any messages or transmissions you send to Blofin.com, or (viii) use Blofin.com Services in an illegal way.
By accessing Blofin.com Services, you agree that Blofin.com has the right to investigate any violation of these Terms, unilaterally determine whether you have violated these Terms, and take actions under relevant provisions without your consent or prior notice. Examples of such actions include, but are not limited to:
- Blocking and closing order requests;
- Freezing your account;
- Clawback of any profits obtained in violation of these Terms;
- Reporting the incident to the authorities;
- Publishing the alleged violations and actions that have been taken;
Deleting any information you published that are found to be violations.
1. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, BLOFIN.COMSERVICES, BLOFIN.COM MATERIALS AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF BLOFIN.COM ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND BLOFIN.COM EXPRESSLY DISCLAIMS, AND YOU WAIVE, ANY AND ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. WITHOUT LIMITING THE FOREGOING, BLOFIN.COM DOES NOT REPRESENT OR WARRANT THAT THE SITE, BLOFIN.COM SERVICES OR BLOFIN.COM MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BLOFIN.COM DOES NOT GUARANTEE THAT ANY ORDER WILL BE EXECUTED, ACCEPTED, RECORDED OR REMAIN OPEN. EXCEPT FOR THE EXPRESS STATEMENTS, AGREEMENTS AND RULES SET FORTH IN THESE TERMS, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR AGREEMENT, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF BLOFIN.COM SERVICES. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT BLOFIN.COM WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (A) ANY INACCURACY, DEFECT OR OMISSION OF DIGITAL ASSETS PRICE DATA, (B) ANY ERROR OR DELAY IN THE TRANSMISSION OF SUCH DATA, (C) INTERRUPTION IN ANY SUCH DATA, (D) REGULAR OR UNSCHEDULED MAINTENANCE CARRIED OUT BY BLOFIN.COM AND SERVICE INTERRUPTION AND CHANGE RESULTING FROM SUCH MAINTENANCE, (E) ANY DAMAGES INCURRED BY OTHER USERS’ ACTIONS, OMISSIONS OR VIOLATION OF THESE TERMS, (F) ANY DAMAGE CAUSED BY ILLEGAL ACTIONS OF OTHER THIRD PARTIES OR ACTIONS WITHOUT AUTHORIZED BY BLOFIN.COM; AND (G) OTHER EXEMPTIONS MENTIONED IN DISCLAIMERS AND PLATFORM RULES ISSUED BY BLOFIN.COM.
THE DISCLAIMER OF IMPLIED WARRANTIES CONTAINED HEREIN MAY NOT APPLY IF AND TO THE EXTENT IT IS PROHIBITED BY APPLICABLE LAW OF THE JURISDICTION IN WHICH YOU RESIDE.
2. Disclaimer of Damages and Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BLOFIN.COM AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS OR OTHER BUSINESSES OR FINANCIAL BENEFITS) ARISING OUT OF BLOFIN.COM SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF BLOFIN.COM SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF BLOFIN.COM AND ITS AFFILIATES, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF BLOFIN.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF BLOFIN.COM’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE LIABILITY OF BLOFIN.COM, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OF SERVICES OFFERED BY OR ON BEHALF OF BLOFIN.COM AND ITS AFFILIATES, ANY PERFORMANCE OR NON-PERFORMANCE OF BLOFIN.COM SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY, EXCEED THE AMOUNT OF THE TRANSACTION FEES PAID BY YOU TO BLOFIN.COM UNDER THESE TERMS IN THE THREE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
You agree to indemnify and hold harmless Blofin Global, their affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to (i) your use of, or conduct in connection with, Blofin.com Services, (ii) your breach or our enforcement of these Terms, or (iii) your violation of any applicable law, regulation, or rights of any third party during your use of Blofin.com Services. If you are obligated to indemnify Blofin Global,, contractors, licensors, and their respective directors, officers, employees or agents pursuant to these Terms, Blofin Global will have the right, in its sole discretion, to control any action or proceeding and to determine whether Blofin.com wishes to settle, and if so, on what terms.
Please be aware that all official announcements, news, promotions, competitions and airdrops will be listed on https://blofin.zendesk.com/hc/en-us/sections/6149016579855 . USERS UNDERTAKE TO REFER TO THESE MATERIALS REGULARLY AND PROMPTLY. Blofin GLOBAL WILL NOT BE HELD LIABLE OR RESPONSIBLE IN ANY MANNER OF COMPENSATION SHOULD USERS INCUR PERSONAL LOSSES ARISING FROM IGNORANCE OR NEGLIGENCE OF THE ANNOUNCEMENTS.
VI. Know-Your-Customer and Anti Money Laundering
- Blofin.com exercise strict policies to stay in compliance with relevant Know-Your-Customer ("KYC") and Anti-Money-Laundering ("AML") laws and regulations, and will not knowingly violate such policies. To the extend of Blofin.com's reasonable control, Blofin.com adopts necessary ,easures and technology to provide you the services that are safe and secure, to protect you against the loss caused by money laudering to the greatest extent possible.
- Blofin.com's compliance programme on KYC and AML policies are set to meet standards of applicable laws and regulations; Blofin.com also promulgate and update some or all of these policies, guidelines, and rules in connection with the operation of Blofin.com, where Blofin.com staff will provide services in accordance with these guidelines and rules.
- Blofin.com maintains and constantly updates program of international monitoring, trade control, and risk management, which include a strict and rigorous identity authentication procedures, and forming a professional team responsible for day-to-day management and fullfillment of AML responsibilities.
- Blofin.com adopts a risk-based approach to carry out due dilligence and continuous supervision in connection with customers, which includes regular review and inspection on existing customers and trades, and to report suspicious trade to the competent authorities.
- Trade Supervision
- Blofin.com constantly set and adjust daily trading and withdrawal limits based on the security requirements and actual state of trades;
- If trading occurs too frequently in an account registered by you, or is beyond reasonable circumstances, Blofin.com's compliance team will assess and determine whether such trades are suspicious;
- If Blofin.com identifies a specific trade as suspicious based on our unilateral assessment, we may, in our absolute sole discretion decide, adopt such restrictive measures such as, inter alia, suspending the trade or denying the trade, and if possible, the reversal of corresponding trade as soon as Blofin.com deems appropriate, and report to the competent authorities without, however, notifying you.
- We reserve the right to reject registration, application, or refuse provision of Services, should we determine that you are not complying with the international standards against money laundering or who may be regarded or has been designated as a political or public figure, we reserve the right to suspend or terminate our Services or any particular trade related thereof should we suspect that you are or may be in breach of the foregoing clauses, as we may, in our absolute sole discretion may decide.
- Blofin have refused and will continue enforcing the prohibition of the provision of any Services in the Prohibited Locations. You hereby undertake to inform us immediately if you are or become a resident in any of the Prohibited Location or become aware of any User who are or becomes a resident in any of the Prohibited Countries. You understand and acknowledge that if it is determined that you have given false or misleading representation of your location or place of residence, we reserve the right to take any appropriate actions in compliance with applicable laws and regulations, including the termination of any Account immediately and liquidating any open positions.
VII. Termination of Agreement
1. Suspension of Blofin.com Accounts
- The Blofin.com Account is subject to a governmental proceeding, criminal investigation or other pending litigation;
- We detect unusual activities in the Blofin.com Account;
- We detect unauthorized access to the Blofin.com Account;
- We are required to do so by a court order or command by a regulatory/government authority.
2. Cancellation of Blofin.com Accounts
In case of any of the following events, Blofin.com shall have the right to directly terminate these Terms by cancelling your Blofin.com Account, and shall enjoy the right but not the obligation to permanently freeze (cancel) the authorizations of your Blofin.com Account on Blofin.com and withdraw the corresponding Blofin.com Account thereof:
- after Blofin.com terminates services to you;
- you allegedly register or register in any other person’s name as a Blofin.com User again, directly or indirectly;
-the information that you have provided is untruthful, inaccurate, outdated or incomplete;
-when these Terms are amended, you state your unwillingness to accept the amended Terms by applying for cancellation of your Blofin.com Account or by other means;
-you request that Blofin.com Services be terminated; and
-any other circumstances where Blofin.com deems it should terminate Blofin.com Services.
Should your Blofin.com Account be terminated, the account and transactional information that meet data retention standards will be securely stored for a minimum of 5 years, extendable upon due request by a competent judicial authority. In addition, if a transaction is unfinished during the account termination process, Blofin.com shall have the right to notify your counterparty of the situation at that time. You acknowledge that a user-initiated account exit (right to erasure under GDPR or other equivalent regulations) will also be subjected to the termination protocol stated above.
If Blofin.com is informed that any Digital Assets or funds held in your Blofin.com Account are stolen or otherwise are not lawfully possessed by you, Blofin.com may, but has no obligation to, place an administrative hold on the affected funds and your Blofin.com Account. If Blofin.com does lay down an administrative hold on some or all of your funds or Blofin.com Account, Blofin.com may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to Blofin.com has been provided to Blofin.com in a form acceptable to Blofin.com. Blofin.com will not involve itself in any such dispute or the resolution of the dispute. You agree that Blofin.com will have no liability or responsibility for any such hold, or for your inability to withdraw Digital Assets or funds or execute trades during the period of any such hold.
3. Remaining Funds After Blofin.com Account Termination
Except as set forth in paragraph 4 below, once a Blofin.com Account is closed/withdrawn, all remaining account balance (which includes charges and liabilities owed to Blofin.com) will be payable immediately to Blofin.com. Upon payment of all outstanding charges to Blofin.com (if any), Users will have 5 business days to withdraw all Digital Assets or funds from the account.
4. Remaining Funds After Blofin.com Account Termination Due to Fraud, Violation of Law, or Violation of These Terms
Blofin.com maintains full custody of the Digital Assets, funds and User data/information which may be turned over to governmental authorities in the event of Blofin.com Accounts’ suspension/closure arising from fraud investigations, investigations of violation of law or violation of these Terms.
5. Dormant Accounts
Notwithstanding any provision of this Section VI, Blofin.com may provide a notice requiring you to close all of your open positions and withdraw all of your Digital Assets from your Blofin.com Account within 15 days of the notice. In the event that you fail to do so, Blofin.com may in its absolute discretion and without prior notice to you:
(a) deem your Blofin.com account as a dormant account;
(b) close any open positions in any Blofin.com products;
(c) convert the Digital Assets to a different type of Digital Asset (e.g., from BTC to BUSD). For the avoidance of doubt, Blofin Global shall not be liable for any loss of profit, tax obligations or any other loss, damage or expense incurred by you resulting from such conversion;
(d) transfer such dormant account (including any Digital Assets contained therein) to an affiliate of Blofin Global, any third-party custodian or an isolated wallet where it is deemed reasonably necessary by Blofin.com to do so. In the event that such transfer has taken place, you have the right to retrieve your digital assets from subject to satisfying Blofin.com’s verification requirements, including completing KYC;
(e) charge a dormant account fee to cover the cost of maintaining the assets by Blofin Global, or any third-party and such fee shall be withdrawn directly from the dormant account on a monthly basis; and
(f) close a dormant account at any time, and Blofin.com will not be liable for any loss, damage or expense incurred by you as a result of the closure of a dormant account unless there was fraud or willful default by Blofin.com. Any assets in these dormant accounts will be transferred in accordance to paragraph 5(d) above. After a dormant account is closed, it cannot be reactivated by you (i.e. you will need to register a new Blofin.com account if you wish to continue to use Blofin.com Services).
VIII. No Financial Advice
Blofin.com is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in connection with any trades or other decisions or activities effected by you using Blofin.com Services. No communication or information provided to you by Blofin.com is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. Unless otherwise specified in these Terms, all trades are executed automatically, based on the parameters of your order instructions and in accordance with posted trade execution procedures, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you according to your personal investment objectives, financial circumstances and risk tolerance, and you shall be solely responsible for any loss or liability therefrom. You should consult legal or tax professionals regarding your specific situation. Blofin.com does not recommend that any Digital Asset should be bought, earned, sold, or held by you. Before making the decision to buy, sell or hold any Digital Asset, you should conduct your own due diligence and consult your financial advisors prior to making any investment decision. Blofin.com will not be held responsible for the decisions you make to buy, sell, or hold Digital Asset based on the information provided by Blofin.com.
IX. Compliance with Local Laws
It is Users’ responsibility to abide by local laws in relation to the legal usage of Blofin.com Services in their local jurisdiction as well as other laws and regulations applicable to Users. Users must also factor, to the extent of their local laws all aspects of taxation, the withholding, collection, reporting and remittance to their appropriate tax authorities.ALL USERS OF BLOFIN.COM SERVICES ACKNOWLEDGE AND DECLARE THAT THEIR FUNDS COME FROM LEGITIMATE SOURCES AND DO NOT ORIGINATE FROM ILLEGAL ACTIVITIES; USERS AGREE THAT BLOFIN.COM WILL REQUIRE THEM TO PROVIDE OR OTHERWISE COLLECT THE NECESSARY INFORMATION AND MATERIALS AS PER RELEVANT LAWS OR GOVERNMENT ORDERS TO VERIFY THE LEGALITY OF THE SOURCES AND USE OF THEIR FUNDS.
XI. Resolving Disputes: Forum, Arbitration, Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY, AS IT INVOLVES A WAIVER OF CERTAIN RIGHTS TO BRING LEGAL PROCEEDINGS, INCLUDING AS A CLASS ACTION.
1. Notice of Claim and Dispute Resolution Period. Please contact Blofin.com customer service before deciding to proceed with legal action(s). Blofin.com wants to address your concerns without resorting to formal legal proceedings, if possible. If you have a dispute with Blofin.com, then you should contact Blofin.com and a ticket number will be assigned. Blofin.com will attempt to resolve your dispute internally as soon as possible. The parties agree to negotiate in good faith to resolve the dispute (which discussions shall remain confidential and be subject to applicable rules protecting settlement discussions from use as evidence in any legal proceeding).
In the event the dispute cannot be resolved satisfactorily, and you wish to assert a legal claim against Blofin.com, then you agree to set forth the basis of such claim in writing in a “Notice of Claim,” as a form of prior notice to Blofin.com. The Notice of Claim must (1) describe the nature and basis of the claim or dispute, (2) set forth the specific relief sought, (3) provide the original ticket number, and (4) include your Blofin.com account email. The Notice of Claim should be submitted to an email address or hyperlink provided in your correspondence with Blofin.com. After you have provided the Notice of Claim to Blofin.com, the dispute referenced in the Notice of Claim may be submitted by either Blofin.com or you to arbitration in accordance with paragraph 2 of this Section, below. For the avoidance of doubt, the submission of a dispute to Blofin.com for resolution internally and the delivery of a Notice of Claim to Blofin.com are prerequisites to commencement of an arbitration proceeding (or any other legal proceeding). During the arbitration, the amount of any settlement offer made by you or Blofin.com shall not be disclosed to the arbitrator.
- Agreement to Arbitrate and Governing Law. You and Blofin Global agree that, subject to paragraph 1 above, any dispute, claim, or controversy between you and Blofin.com (and/or Blofin Global) arising in connection with or relating in any way to these Terms or to your relationship with Blofin.com (and/or Blofin Global) as a user of Blofin.com Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by mandatory final and binding individual (not class) arbitration, except as set forth below under Exceptions to Agreement to Arbitrate. You and Blofin Global further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including without limitation any objections with respect to the existence, scope or validity of the Agreement to Arbitrate, or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRALAWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including, if applicable, attorney fees), except that the arbitrator may not award declaratory or injunctive relief in favour of anyone but the parties to the arbitration. The arbitration provisions set forth in this Section will survive termination of these Terms. Arbitration Rules. The arbitration shall be subject to the Arbitration Rules of the Chartered Institute of Arbitrators (the 'CIArb Rules') in force when the Notice of Arbitration is submitted, as modified by this Section X. The arbitration will be administered by the Chartered Institute of Arbitrators. Unless the parties agree otherwise, there shall be only one arbitrator appointed in accordance with the CIArb Rules. Any arbitration will be conducted in the English language. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. JUDGMENT ON ANY ARBITRAL AWARD MAY BE GIVEN IN ANY COURT HAVING JURISDICTION OVER THE PARTY (OR OVER THE ASSETS OF THE PARTY) AGAINST WHOM SUCH AN AWARD IS RENDERED. Time for Filing: ANY ARBITRATION AGAINST BLOFIN GLOBAL MUST BE COMMENCED BY FILING A REQUEST FOR ARBITRATION WITHIN ONE (1) YEAR, AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD. THIS ONE YEAR LIMITATION PERIOD IS INCLUSIVE OF THE INTERNAL DISPUTE RESOLUTION PROCEDURE SET FORTH IN PARAGRAPH 1 OF THIS SECTION, ABOVE. THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. Process; Notice: The party who intends to seek arbitration after the expiration of the Dispute Resolution Period set forth in paragraph 1, above, must submit a request to the CIArb in accordance with the CIArb Rules. If we request arbitration against you, we will give you notice at the email address or mailing address you have provided. You agree that any notice sent to this email or mailing address shall be deemed effective for all purposes, including without limitation to determinations of adequacy of service. It is your obligation to ensure that the email address and/or mailing address on file with Blofin.com is up-to-date and accurate. Seat of Arbitration: The seat of the arbitration shall be Hong Kong. Place of Hearing: The location of any in-person arbitration hearing shall be Hong Kong, unless otherwise agreed to by the parties.
- Governing Law: These Terms (including this arbitration agreement) shall be governed by, and construed in accordance with, the laws of England and Wales.
- Confidentiality. The parties agree that the arbitration shall be kept confidential. The existence of the arbitration, any nonpublic information provided in the arbitration, and any submissions, orders or awards made in the arbitration (together, the “Confidential Information”) shall not be disclosed to any non-party except the tribunal, the CIArb, the parties, their counsel, experts, witnesses, accountants and auditors, insurers and reinsurers, and any other person necessary to the conduct of the arbitration. Notwithstanding the foregoing, a party may disclose Confidential Information to the extent that disclosure may be required to fulfill a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings. This confidentiality provision shall survive termination of these Terms and of any arbitration brought pursuant to these Terms.
5. Class Action Waiver. You and Blofin.com agree that any claims relating to these Terms or to your relationship with Blofin.com as a user of Blofin.com Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) shall be brought against the other party in an arbitration on an individual basis only and not as a plaintiff or class member in a purported class or representative action. You and Blofin.com further agree to waive any right for such claims to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action, to the extent permissible by applicable law. Combining or consolidating individual arbitrations into a single arbitration is not permitted without the consent of all parties, including Blofin.com.
1. Independent Parties. Blofin.com is an independent contractor but not an agent of you in the performance of these Terms. These Terms shall not be interpreted as facts or evidence of an association, joint venture, partnership, or franchise between the parties.
2. Entire Agreement. These Terms constitute the entire agreement between the parties regarding use of Blofin.com Services and will supersede all prior written or oral agreements between the parties. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter the terms herein.
3. Interpretation and Revision. Blofin.com reserves the right to alter, revise, modify, and/or change these Terms at any time. All changes will take effect immediately upon being published on Blofin.com websites. It is your responsibility to regularly check relevant pages on our websites/applications to confirm the latest version of these Terms. If you do not agree to any such modifications, your only remedy is to terminate your usage of Blofin.com Services and cancel your account. You agree that, unless otherwise expressly provided in these Terms, Blofin.com will not be responsible for any modification or termination of Blofin.com Services by you or any third party, or suspension or termination of your access to Blofin.com Services.
4. Language & Translations. These Terms may, at Blofin.com’s sole and absolute discretion, be translated into a language other than the English language. You agree that any such translation shall only be for your convenience and the English text shall prevail in the event of any ambiguity, discrepancy or omission as between the English text and any translated text.
5. Force Majeure. Blofin.com will not be liable for any delay or failure to perform as required by these Terms because of any cause or condition beyond Blofin.com’s reasonable control.
6. Severability. If any portion of these Terms is held invalid or unenforceable, such invalidity or enforceability will not affect the other provisions of these Terms, which will remain in full force and effect, and the invalid or unenforceable portion will be given effect to the greatest extent possible.
7. Assignment. You may not assign or transfer any right to use Blofin.com Services or any of your rights or obligations under these Terms without prior written consent from Blofin.com, including any right or obligation related to the enforcement of laws or the change of control. Blofin.com may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.
8. Waiver. The failure of one party to require performance of any provision will not affect that party’s right to require performance at any time thereafter. At the same time, the waiver of one party to seek recovery for the other party’s violation of these Terms or any provision of applicable terms shall not constitute a waiver by that party of any subsequent breach or violation by the other party or of the provision itself.
10. Contact Information. For more information on Blofin.com, you may refer to the company and license information found on Blofin.com websites. If you have questions regarding these Terms, please feel free to contact Blofin.com for clarification via our customer service team at https://blofin.zendesk.com/hc/en-us.