<h1>Please read these terms and conditions carefully before using our Product.</h1>
- 1. Interpretation
- 2. General Overview
- 3. Eligibility
- 4. Use of Our Product
- 5. Use of Accounts
- 6. Suspension, Termination and Cancellation
- 7. Indemnity
- 8. No Warranty
- 9. Limitation of Liability
- 10. Governing Law, Arbitration
- 11. Intellectual Property
- 12. Communications
- 1.2 The definitions indicated below shall have the same meaning regardless of whether they appear in singular or plural.
2. General Overview
- 2.2 These Terms apply to all visitors, users, and others who register for or otherwise access or use the Product (hereinafter referred as “You,” “Your” or “Users”).
- 2.4 Certain services may be subject to additional terms and conditions specified by us from time to time, and your use of such services is subject to those additional terms and conditions, which will be incorporated into these Terms by reference.
- 2.5 GEX does not endorse or recommend any particular crypto asset, transaction, or exchange strategy. You acknowledge and agree that all transaction decisions are made solely by you, and GEX bears no responsibility or liability for the outcome of your decisions.
- THE RISK OF LOSS ARISING FROM USING OUR PRODUCT CAN BE SUBSTANTIAL. YOU SHOULD THEREFORE CAREFULLY CONSIDER WHETHER BUYING OR SELLING A CRYPTO ASSET IS SUITABLE FOR YOU IN LIGHT OF YOUR FINANCIAL CONDITION.
3. EligibilityBefore using the Product, You represent, warrant, covenant and agree that:
- 3.1 You use our Product at your sole option, discretion and risk;
- 3.2 You can use our Product if it is permitted under the laws of Your jurisdiction (Country of permanent residence);
- 3.3 You are solely responsible for any applicable taxes or other legal liabilities which may be payable or arise while using our Product;
- 3.4 You are at least 18 years old or of other legal age, according to your relevant jurisdiction, since we do not permit those under 18 to use the Product;
- 3.5 You are an individual, legal person or other organization with full legal capacity and authority to agree to and enter into this Agreement;
- 3.6 If you agree with this Agreement on behalf of a legal entity or other organization of which you are a representative, you represent and warrant that you have all necessary rights and authority to bind such legal entity;
- 3.7 You agree to pay the fees for our Product as defined by GEX, which We may change from time to time;
- 3.8 You acknowledge that there are risks associated with an Internet-based system, such as the failure of hardware, software, and Internet connections, etc., including any malfunction, unintended function, unexpected functioning of, or attack on our website, GEX.exchange.
4. Use of Our Product
- 4.1 The Product allows registered users of the Product to:
- 4.1.1 Buy or sell digital assets in exchange for other digital assets, or for fiat currency;
- 4.1.2 Withdraw fiat currency and/or digital assets from your GEX Account;
- 4.1.3 Store fiat currency and/or digital assets on your GEX account.
- 4.2 You may be unable to use all functions of the GEX Site or Product depending on your country of residence.
- 4.3 GEX, at its discretion, may modify or update the Scope of Product, in whole or in part at any time.
- 4.4 You should not assign your rights to use the Product, grant an interest in or over your rights to use the Product, or otherwise transfer any part of your rights under these Terms.
- 4.5 These Terms do not grant to you any license or permission to copy, distribute, modify or otherwise use any application programming interface, notwithstanding any provision to the contrary.
- 4.6 You will not, nor encourage or assist any third party to:
- (a) use any unauthorized means to gain access to the Product or use any automated process or service (such as a bot, a spider, or periodic caching of information stored by GEX) to access or use the Product, or distribute instructions, software or tools for that purpose;
- (b) modify, alter, tamper with, repair or otherwise create derivative works of the Product;
- (c) interfere with or disrupt servers or networks used by GEX to provide the Product;
- (d) damage, disable, overburden, or impair the Product (or any network connected to the Product);
- (e) use the account of another user at any time except by a mechanism provided by GEX and authorized by such user;
- (g) engage in any unlawful or fraudulent activity or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data;
- (h) send unsolicited or unauthorized junk mail, spam, chain letters, pyramid schemes or any other form of duplicative or unsolicited messages, whether commercial or otherwise.
5. Use of Accounts
- 5.1 Your GEX account gives you access to the Product and any other functionality that we may establish and maintain from time to time and in our sole discretion.
- 5.2 We may maintain different types of accounts for different types of Users.
- 5.2.1 If you open a GEX account on behalf of an organization, or other entity, then “you” includes you and that entity, and You represent and warrant that you are an authorized representative of the organization or entity with the authority to bind the organization or entity to these Terms, and that you agree to these Terms on the entity’s behalf.
- 5.2.2 You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information, and you must keep this information up to date.
- 5.3 You are responsible for maintaining adequate security and control of any and all log in IDs, passwords, private keys, personal identification numbers (PINs), and any other codes that you use to access the Product.
- 5.4 You must keep your account credentials confidential and not authorize any third party to access or use the Product on your behalf, unless we provide an approved mechanism for such use.
- 5.5 You will notify us at info@GEX.exchange of any security breach of your account, system or network as soon as possible. You will cooperate with us in the investigation of any suspected unauthorized access to or use of the Product using your account credentials and any security breach of your account, system, or network, and provide us with the results of any third-party forensic investigation that you undertake.
- 5.6 You will be responsible, and GEX will have no liability, for all activity that takes place with your GEX account accessed using your account credentials, whether or not authorized by you.
- 5.7 GEX generates wallet addresses that you may use to send, receive and store Crypto Assets.
- 5.8 You are solely responsible for maintaining the security of your Wallet.
- 5.9 You must keep your Wallet access information secure. Failure to do so may result in the loss of control of Crypto Assets stored on the wallet and we will not have responsibility for it.
6. Suspension, Termination and Cancellation
- 6.1 We may, without prior notice, suspend the Product, change the Product, stop providing the Product or features of the Product to you or to Users generally; or create usage or Transaction limits for the Product.
- 6.2 We may permanently or temporarily terminate or suspend your access to the Product without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or GEX may suspend, restrict, or terminate your access to any or all of the Product, and/or deactivate or cancel your account if:
- 6.2.1 We are so required by a court order, or binding order of a government authority;
- 6.2.2 We reasonably suspect you of using the Product in connection with a prohibited activity;
- 6.2.3 Use of your account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your account activity.
- 7.1 You agree to defend, indemnify and hold harmless GEX and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
- 7.1.2 your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights;
- 7.1.3 your violation of any applicable law, rule or regulation; or
- 7.1.4 your willful misconduct.
8. No Warranty
- 8.1 The Product is provided on an “as available” basis. Use of the Product is at your own risk.
- 8.2 GEX, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the Product will meet your requirements; that the Product will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Product is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Product is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Product.
- 8.3 GEX does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Product or any hyperlinked website or service.
9. Limitation of Liability
- 9.1 In no event will GEX, its subsidiaries, affiliates, officers, agents, employees, representatives, partners, suppliers, or licensors be liable for any indirect, incidental, special, punitive, or consequential damages (including, without limitation, damages for lost profits, revenue, goodwill, loss of digital assets, or user content) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, negligence or otherwise, even if any of the foregoing parties have been advised as to the possibility of such damages.
- 9.2 In no event will the aggregate liability of GEX, its subsidiaries, affiliates, officers, agents, employees, representatives, partners, suppliers, and licensors, arising from or relating to these Terms or the Product exceed 150 GEL.
10. Governing Law, Arbitration
11. Intellectual Property
- 11.1 All our intellectual property assets (“IP”) including but not limited to all copyrights, trademarks, patents, service marks, trade names, software code, icons, logos, characters, layouts, trade secrets, buttons, color scheme and graphics are protected by local and international intellectual property laws and treaties.
- 11.2 In any case you may not alter, modify, reproduce, distribute or commercially exploit any materials, including text, graphics, video, audio, software code, user interface design or logos.
- 12.1 You agree and consent to receive electronically all Communications that GEX may be willing to communicate to you in connection with your GEX Account and/or use of our Product.
- 12.2 For the purposes hereof “Communications” shall mean all and any communication, agreement, document, receipt, notice and disclosure, which may be from time to time addressed to you by GEX.
- 12.3 You may withdraw your consent to receive electronic Communications by sending a withdrawal notice to [email protected]. In this case, you waive your right to plead ignorance. If you decline or withdraw consent to receive electronic Communications, GEX may suspend or terminate your use of the Product.
Last updated: 12 August 2020