PLEASE READ THE AGREEMENT CAREFULLY BEFORE USING OUR SITE OR THE PLATFORM, AND REVIEW THEM REGULARLY FOR CHANGES. BY REGISTERING FOR, USING OR ACCESSING THE PLATFORM OR ANY PART THEREOF, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND AGREE THAT IT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN US. IF YOU DO NOT AGREE TO BE FULLY BOUND BY ALL OR ANY OF THE AGREEMENT, YOU ARE REQUIRED NOT TO MAKE ANY USE OF THE PLATFORM OR OUR SITES.
PLEASE NOTE THAT WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO REVISE THIS AGREEMENT, AT ANY TIME WITHOUT NOTICE.
In this Agreement, the following terms shall have the meaning set forth beside them:
“Airdrop” means an exogenous event to the host network where a user who holds certain amount of a particular Digital Asset is allocated a certain amount of the same or newly created Digital Asset to their private keys. Newly created Digital Asset may be allocated in a fork of the blockchain, or may be issued in a new or different blockchain.
“the Company”, “ourselves”, “we” or “us” means ANX and any or all of its affiliates.
“Digital Asset(s)” means a digital asset or a blockchain token (including but not limited to bitcoin (BTC), ether (ETH), Litecoin (LTC)), which is based on the cryptographic protocol of a computer network that may be (i) centralized or decentralized, (ii) closed or open-source.
“Fork” means when two or more blocks having the same block height, forking the block chain. Typically occurs when two or more miners find blocks at nearly the same time.
“Restricted Jurisdiction” means any jurisdiction as may be designated by ANX from time to time, where the possession or trading of Digital Assets is illegal, restricted or the legality of these activities, in the sole and absolute discretion of ANX, is ambiguous.
“User”, “your” or “you” means the individual or entity using or accessing this Website, the Platform and accepting the Agreement.
“Verified User” means a User who has submitted to ANX the required documents in order to complete the KYC and AML checks.
2. THE PLATFORM, REGISTRATION AND ACCESS.
2.1 The Platform may enable Users to access the Platform via mobile device-based applications and websites.
2.2 The Platform is currently offered on a self-service basis and fees will be charged for the use of features on the Platform. For a full breakdown of the fees please go to https://anxpro.com/pages/fees as updated from time to time.
2.3 In order to access and use the Platform, you must register for the Platform as a User, complete the sign-up process and create an account (the “Account”) through our site: https://anxpro.com/register.
2.4 If and when you register as a User or otherwise use the Platform, you represent and warrant that: (i) you have reached the legal age and capacity to form a binding contract and have the full capacity to accept this Agreement and enter into transactions as a result of using the Platform; (ii) you have provided us with accurate, true and complete information about yourself (including, but not limited to, your name and email address); (iii) to the extent you represent one or more businesses or franchises, that you are acting as their authorized representative, and that both you and the entity you represent will be bound by the Agreement; (iv) your usage of the Platform is and will be in full compliance with all laws and regulations, applicable to your use of the Platform is not prohibited by any applicable laws or regulations, and is not for illegal or immoral purpose; (v) your registration and your use of the Platform will be consistent with the foregoing license, covenants and restrictions, and you are not infringing or violating the rights of any other party; (vi) you certify that any Digital Assets used by you in connection with the Platform are either owned by you or that you are validly authorized to carry out the transaction using such Digital Asset, and that all transactions initiated with your Account are for your Account and not on behalf of any other person or entity; and (vii) you agree to abide by any relevant laws or regulations in your jurisdiction, including but not limited to reporting any trading activities or profits for taxation purposes.
2.5 We reserve the right to suspend or terminate, according to our sole discretion and without providing any prior notice, your registration or access to the Platform or the Site, in the event that (i) when we reasonably suspect that you have breached any of the Agreement, (ii) when we reasonably suspect fraudulent or illegal activities, (iii) when the Agreement has been terminated, or (iv) at such other time as we may determine at our sole discretion
2.6 You will utilise all reasonable efforts to protect user credential from your Account, including without limitation any personally identifiable information, from unauthorized access or use. You are solely and wholly responsible for the security of your Account and we urge you to keep your Account password secure and to always log-off from the Platform when leaving the device through which you accessed the Platform unattended. In the event your system or infrastructure that are used for storage, processing or hosting user credential are breached or compromised, or if user credential is inadvertently exposed to non-authorized third parties, you shall notify ANX promptly of such a breach or exposure. You acknowledge that you are solely responsible for any damages arising from or relating to any authorized or unauthorized use of your Account.
2.7 You acknowledge and agree that you are solely and wholly responsible for obtaining and maintaining any hardware, facilities, connections, licences, permits, database, equipment, external software or any other resources as may be required and/or necessary for the use of the Platform (such as, computer, mobile device, internet connection and telecommunications) and any relevant payment system. We do not and will not bear any liability for any cost, expense, loss or other damage you may suffer directly or indirectly with respect to such hardware, facilities, connections, licences, permits, database, equipment or external software or any other resources as may be required, in connection with use of the Platform.
2.8 You acknowledge and agree that ANX is not obligated or required to support any particular Digital Asset on the Platform and that the Digital Assets which may be available on the Platform may change from time to time at our sole discretion.
2.9 You acknowledge and agree that ANX may convert any Digital Assets or balances available on the Platform and associated to your account to any type of Digital Asset or other such asset at its sole discretion and at such prevailing exchange rate as sourced and determined at its sole discretion.
2.10 You acknowledge and agree that ANX may satisfy any obligations or make any payments to you in any form and through any means it determines at its sole discretion.
3.1 The Platform, including any enhancements, derivatives and improvements thereof, are the sole property of ANX. Without limitation of the foregoing, all the text, images, sounds, music, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content on the Website or the Platform (collectively, the “Platform Content”), and all software embodied in the Platform or ANX servers or otherwise used by ANX to deliver the Platform (“Software”), are the property of ANX and are protected by copyright and other intellectual property laws. Nothing in the Agreement shall grant the User any of such property and/or ownership.
3.2 Any rights with respect to the Software or the Platform Content (collectively, the “ANXPRO Platform Property”) which are not expressly granted herein by ANX are reserved by ANX.
4. INTELLECTUAL PROPERTY LICENSE, RESTRICTION.
4.1 We grant you a personal, revocable, non-assignable, non-perpetual and non-exclusive right to access and use the Platform as a licensee, provided that you fully comply with the Agreement.
4.2 You shall not rent, lease, lend, sell, redistribute or sublicense the Platform or any part thereof, or any other part of ANXPRO Platform Property. You shall not (nor attempt to) copy, decompile, reverse engineer, disassemble, derive the source code of, modify, or create derivative works of the underlying platforms of the Platform or any other part of the ANXPRO Platform Property or in any other way manipulate the Platform.
4.3 You shall not remove any copyright, trademark or other proprietary notices that have been placed on the ANXPRO Platform Property.
4.4 You shall not exploit the Platform in any unauthorized way whatsoever, including but not limited to trespass or materially burden network capacity and you shall not use the Platform for any illegal or immoral purpose, or in violation of any applicable laws and regulations, such as laws governing intellectual property and other proprietary rights, data protection and privacy, anti-money laundering and currency control. You acknowledge that you are fully responsible for satisfying any legal and regulatory requirements applicable in countries and territories in which you operate.
4.5 We reserve the right to apply limits on the use of the Platform, for example, by limiting the available features, or number of supported Users and/or transactions. We further reserve the right to publish such limitations, have them differ from User to User, or change such limitations at will, in each case in our sole discretion.
5. USER VERIFICATION, COMPLIANCE AND RESTRICTION
5.1 Only Verified Users can buy and sell Digital Assets in the Platform for Digital Assets on the Platform. If you are a Verified User and you would like to provide access to your Account to another individual, this individual must also provide the required identification information pursuant to our KYC/AML Policy. You agree that you will not allow anyone who has not been cleared by our KYC/AML Policy to access your accounts. Subject to our KYC/AML Policy, (i) a Verified User’s spouse or domestic partner may create a separate user account that will link to the same Account and (ii) an Account may be opened on behalf of an institution by an owner and/or designated representative of said institution. By doing so, you warrant and agree that you are an owner and/or designated representative of said institution and you must as a Verified User in order to set up your institution’s Account. You hereby authorize us, directly or through our third-party service providers, to take any measures that we consider necessary to verify your identity, confirm the information you submit about your linked bank account, and to take any action we deem necessary based on the results.
5.2 Persons located in a Restricted Jurisdiction are not permitted to use the Website. This restriction also applies to residents and citizens of other nations while located in a Restricted Jurisdiction and citizens of Restricted Jurisdictions while located in another jurisdiction. The fact that the Website is accessible in a Restricted Jurisdiction or that the Website allows the use of the official language of a Restricted Jurisdiction, shall not be construed as a license to use the Website in such Restricted Jurisdiction or by citizens of such Restricted Jurisdiction. Any attempt to circumvent this restriction, for example, by using a virtual private network, proxy or similar service that masks or manipulates the identification of your real location, or by otherwise providing false or misleading information regarding your citizenship, location or place of residence, or by using the website through a third party or on behalf of a third party located in a Restricted Jurisdiction is a breach of this Agreement. If it becomes apparent, or we have reasonable grounds to suspect, that you are located in a Restricted Jurisdiction, this may result in our closing your Account, without an obligation to provide you with advance notice, all in accordance with applicable laws and agreements.
6. FEES, TAXES AND PAYMENT TERMS.
6.1 The Platform provided to you is subject to fees in https://anxpro.com/pages/fees as updated from time to time.
6.2 You agree that you are responsible to calculate, validate and pay any and all sales, use, excise, import, export, value added, withholding and other taxes and duties assessed, incurred, or required to be collected (“Taxes”). ANX is not responsible for determining whether Taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction or for reporting any information, to you or any taxation, governing or third authority. You agree to indemnify us and our affiliates against any claim or demand for payment of any fines, penalties, similar charges or costs imposed or incurred as a result of your failure to remit or report any Taxes in connection with any transaction.
6.3 Should such fees apply, without derogating from any other remedy available to ANX, ANX, at its sole discretion, may suspend or terminate the access and right to use all or any portion of the Platform, at any time, if you fail to pay the fees or any part thereof on time. ANX may in its sole discretion, provide you with electronic notice of its decision to suspend or terminate the access and right to use all or any portion of the Platform.
7. DATA COLLECTION.
7.1 You agree that we may periodically collect, store and use data (including, but not limited to technical information) in connection with your registration or use of the Site and other Platforms (“Usage Data”). We may also collect information about Users who accessed the Platform (“User Data”). In addition, our systems may automatically collect other data about your operations, depending on the specific technology used by you for the implementation of the Platform.
7.2 The Usage Data and User Data is our property. We may use such data: to provide our Platform to you and to others; to improve the Platform; to personalize and enhance the use of the Platform; to determine those areas which are useful or popular and those that are less; to keep record of correspondence with you; to address any issues that you are having with the Platform; to evaluate your use, preferences and trends for internal statistical and analytical purposes and in respect of operations and product development. We may also use the Usage Data and User Data to offer cross-promotions of ANX and its business partners’ products and the Platform.
7.4 ANX may share your personal and other information (“Information”) with our affiliate companies to verify and validate Information, and to address customer service matters. While ANX does not sell your information, we may need to share or pass your Information with third parties acting on our behalf or as may be required by law, regulations or court order. We will use reasonable efforts to ensure that your Information is used in a reasonable manner and you hereby agree and permit ANX to share your Information with regulators, law enforcement authorities and government agencies if ANX is so requested.
7.5 ANX will store your Information in accordance with the data protection principles contained within the Personal Data (Privacy) Ordinance (Chapter 486 of the Laws of Hong Kong). All of our policies related to your Information shall be contained in the ANXPRO Private Policy.
7.6 Our KYC/AML Policy is guided by the Hong Kong Anti Money Laundering and Counter Terrorist Financing (Financial Institutions) Ordinance (“AMLO”), specifically, the AML and Counter-Terrorist Financing (“CTF”) provisions. These standards are designed to prevent the use of the Platform to aid money laundering or terrorist financing activities. We take compliance very seriously and it is our policy to take all necessary steps to prohibit fraudulent transactions, report suspicious activities, and actively engage in the prevention of money laundering and related acts that facilitate money laundering, terrorist financing or any other financial crimes.
Our KYC/AML Policy also focuses on the detection and prevention of fraudulent activity in the following ways:
Identification and assessment of fraud-related risk areas;
Procedures and controls to protect against identified risks;
Allocation of responsibility for monitoring risks; and
Procedures for the periodic evaluation of revision of the anti-fraud procedures, controls and monitoring mechanisms.
PROHIBITED USE, PROHIBITED BUSINESSES AND CONDITIONAL USE.
8.1 You may not use your Account to engage in the following categories of activity ("Prohibited Uses"). The specific types of use listed below are representative, but not exhaustive. By opening an Account, you confirm that you will not use your Account to do any of the following:
Unlawful Activity: Activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions programs administered in the countries where ANXPRO conducts business, including but not limited to the persons or countries listed by the Hong Kong Joint Financial Intelligence Unit (“JFIU”), or which would involve proceeds of any unlawful activity; publish, distribute or disseminate any unlawful material or information
Abusive Activity: Actions which impose an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; transmit or upload any material to the Site that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorized access to the Site, other Accounts, computer systems or networks connected to the Site, through password mining or any other means; use Account information of another party to access or use the Site, except in the case of specific merchants and/or applications which are specifically authorized by a user to access such user's ANXPRO Account and information; or transfer your Account access or rights to your Account to a third party, unless by operation of law or with the express permission of ANXPRO
Abuse Other Users: Interfere with another individual's or entity's access to or use of any ANXPRO services; defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others; incite, threaten, facilitate, promote, or encourage violent acts against others; harvest or otherwise collect information from the Site of another User, including without limitations email, personal contacts or personal information without proper consent
Fraud: Activity which operates to defraud ANXPRO, ANXPRO users, or any other person; provide any false, inaccurate, or misleading information to ANXPRO
Gambling: Lotteries; bidding fee auctions; sports forecasting or odds making; fantasy sports leagues with cash prizes; internet gaming; contests; sweepstakes; games of chance; and
Intellectual Property Infringement: Engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law, including but not limited to sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder; use of ANXPRO intellectual property, name, or logo, including use of ANXPRO trade or service marks, without express consent from ANXPRO or in a manner that otherwise harms ANXPRO or the ANXPRO brand; any action that implies an untrue endorsement by or affiliation with ANXPRO.
8.2 In addition to the Prohibited Uses described above, the following categories of businesses, business practices, and sale items are barred from ANXPRO services ("Prohibited Businesses"). Most Prohibited Businesses categories are imposed by card network rules or the requirements of our banking providers or processors. The specific types of use listed below are representative, but not exhaustive.
By opening an Account, you confirm that you will not use ANXPRO services in connection with any of following businesses, activities, practices, or items:
Investment and Credit Services: Securities and futures brokers; offering of foreign currency leverage services; advising on securities, futures of corporate finance; providing automated trading services; mortgage consulting or debt reduction services; credit counselling or repair; real estate opportunities; investment schemes;
Restricted Financial Services: Check cashing, bail bonds, and collections agencies;
Intellectual Property or Proprietary Rights Infringement: Sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder;
Counterfeit or Unauthorized Goods: Unauthorized sale or resale of brand name or designer products or services; sale of goods or services that are illegally imported or exported or which are stolen;
Regulated Products and Services: Marijuana dispensaries and related businesses; sale of tobacco, e-cigarettes, and e-liquid; online prescription or pharmaceutical services; age restricted goods or services; weapons and munitions; gunpowder and other explosives; fireworks and related goods; toxic, flammable, and radioactive materials;
Drugs and Drug Paraphernalia: Sale of narcotics, controlled substances, and any equipment designed for making or using drugs, such as bongs, vaporizers, and hookahs;
Pseudo-Pharmaceuticals: Pharmaceuticals and other products that make health claims that have not been approved or verified by the applicable local and/or national regulatory body;
Substances designed to mimic illegal drugs: Sale of a legal substance that provides the same effect as an illegal drug (e.g., salvia, kratom);
Adult Content and Services: Pornography and other obscene materials (including literature, imagery and other media); sites offering any sexually-related services such as prostitution, escorts, pay-per view, adult live chat features;
Multi-level Marketing: Pyramid schemes, network marketing, and referral marketing programs
Unfair, predatory or deceptive practices: Investment opportunities or other services that promise high rewards; Sale or resale of a service without added benefit to the buyer; resale of government offerings without authorization or added value; sites that we determine in our sole discretion to be unfair, deceptive, or predatory towards consumers; and
High risk businesses: any businesses that we believe poses elevated financial risk, legal liability, or violates card network or bank policies.
8.3 Express written consent and approval from ANXPRO must be obtained prior to using the Platform for the following categories of business and/or use ("Conditional Uses"). ANXPRO may also require you to agree to additional conditions, make supplemental representations and warranties, complete enhanced on-boarding procedures, and operate subject to restrictions if you use the Platform in connection with any of following businesses, activities, or practices:
Money Services:Money transmitters, Digital Asset transmitters; currency or Digital Asset Platforms or dealers; gift cards; prepaid cards; sale of in-game currency unless the merchant is the operator of the virtual world; act as a payment intermediary or aggregator or otherwise resell any of the ANXPRO;
Charities:Acceptance of donations for non-profit enterprise;
Games of Skill:Games which are not defined as gambling under this agreement or by law, but which require an entry fee and award a prize; and
Religious/Spiritual Organizations: Operation of a for-profit religious or spiritual organization.
WARRANTIES AND DISCLAIMER.
YOU ACKNOWLEDGE, THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM, INCLUDING WITHOUT LIMITATION THE SITE AND OTHER MATERIALS PROVIDED TO YOU BY ANX, ARE PROVIDED ON AN “AS IS” BASIS. OTHER THAN EXPRESSLY PROVIDED UNDER THIS AGREEMENT, ANX GIVES NO OTHER WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR IN ANY COMMUNICATION WITH USER.
THE USE OF THE PLATFORM AND RELIANCE ON THE CONTENT AVAILABLE THROUGH THE PLATFORM IS DONE SOLELY AT YOUR OWN RISK. ANX DISCLAIMS ANY AND ALL WARRANTIES RELATING TO THE PLATFORM AND THE SITE, THEIR CONTENT AND OTHER MATERIALS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, SATISFACTORY QUALITY, AVAILABILITY, SECURITY, TITLE, ABILITY TO OPERATE AND FITNESS FOR A PARTICULAR PURPOSE.
ANY RELIANCE ON THE PLATFORM IS AT THE USER’S OWN RISK. ANX DOES NOT WARRANT THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, AND DOES NOT GUARANTEE THAT THE USE OR OTHER EXPLOITATION OF THE PLATFORM OR THE SITE WILL LEAD TO CERTAIN RESULTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANX OR THROUGH THE PLATFORM WILL CONSTITUTE ANY WARRANTY AND/OR REPRESENTATION.
WE DO NOT WARRANT NOR REPRESENT THAT ANY CONTENT OR THE PLATFORM PROVIDED WILL BE ACCURATE OR ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT ALL DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS, AND THE CONTENT AVAILABLE THERE IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANX MAY PAUSE OR INTERRUPT THE PLATFORM AT ANY TIME, AND USERS SHOULD EXPECT PERIODIC DOWNTIME FOR UPDATES TO THE PLATFORM.
WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA), EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, WE WILL NOT BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE THE PLATFORM, INCLUDING AS A RESULT OF ANY (I) TERMINATION OR SUSPENSION OF THE AGREEMENT OR YOUR USE OF OR ACCESS TO THE PLATFORM, (II) OUR DISCONTINUATION OF ANY OR ALL OF THE PLATFORM, OR, (III) WITHOUT LIMITING ANY OBLIGATIONS UNDER ANY SEPARATELY AGREED SERVICE-LEVEL AGREEMENTS, ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE PLATFORM FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR PLATFORM; (C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE PLATFORM; OR (D) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA.
YOU ACCEPT RESPONSIBILITIES OF ALL ACTIVITIES AND CONTENTS GENERATED BY YOU. YOU FURTHER ACKNOWLEDGE THAT ANX DOES NOT ACT AS YOUR BROKER, INTERMEDIARY, AGENT OR ADVISOR WITH RESPECT TO ANY TRANSACTION YOU MAKE OR PROPOSE TO MAKE IN THE PLATFORM AND OWES YOU NO FIDUCIARY DUTY.
10. LIABILITIES AND INDEMNITIES.
10.1 You shall, upon our demand, defend, indemnify, and hold harmless us, and each of our respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, expenses (including but not limited to debt collection expenses) and legal fees (including reasonable attorneys’ fees) arising out of or relating to any third party claim. If we are obligated to respond to a third-party subpoena or other compulsory legal order or process described above, you shall also reimburse us for legal costs, as well as our employees’ and contractors’ time and materials spent responding to the third-party subpoena or other compulsory legal order or process at our then-current hourly rates.
10.2 You shall indemnify us on demand for any damages and additional expense (including but not limited to legal costs and debt collection expenses) ANX may suffer or incur, directly or indirectly, as a result of unlawful actions conducted by you. We reserve the rights to settle such balances by transferring funds (including but not limited to all digital assets) from your Account(s) as managed by or with ANX at any time.
11. TERM, TERMINATION AND SURVIVAL.
11.1 This Agreement shall, in addition to any other terms and conditions, be as agreed between ANX and the User, and in absence of any other indications the Agreement shall commence upon ANX’s acceptance of the User’s registration to the Platform, and shall remain valid until further written notice is given by ANX. For the avoidance of doubt, written notice for the purposes of this clause may include electronic communications.
11.2 Without prejudice to other provisions (especially clause 11.1 above) in the Agreement, ANX may terminate the Platform, the Agreement and all rights granted hereunder immediately and without notice:
if the User uses the Platform in violation of the Agreement or of any applicable law, rule or regulation, or in breach of any other agreement between the User and ANX (“Termination for Breach”); or
if the User becomes insolvent or makes an arrangement with any creditor or be put into liquidation (other than for the purpose of amalgamation or reconstruction) or have an administrator or receiver appointed over it or any of its assets and such administrator or receivership is not discharged within a period of thirty (30) days from the appointment; or
at ANX’s sole and absolute discretion.
11.3 Upon expiration or termination, (a) all rights and licenses granted hereunder shall terminate and ANX shall be entitled to disconnect the User from the Platform; (b) the User shall cease the use of any ANXPRO Platform Property; (c) the User shall immediately destroy (or if ANX requests in writing, return) all of ANX’s property in its possession at the date of termination, including all confidential information, together with all copies and extracts of the same; (d) to the extent that is permissible under the applicable laws and regulations and without prejudice to your rights thereunder, all data (including personal data as defined in the Personal Data (Privacy) Ordinance, Chapter 486 of the Laws of Hong Kong) and materials of the User remaining on the Platform may be retained, used or analysed by ANX for such period for the purpose of improving its Platform and may become ANXPRO Platform Property; and (e) clauses 3, 5, 9, 10, and 13 of the Agreement shall remain in effect.
12. INACTIVE ACCOUNTS/UNCLAIMED ASSETS.
12.1 Where an account has not engaged in any activity (including but not limited to no transactional activity) for a period of not less than 30 days, ANX reserves the right, in its sole and absolute discretion, to determine that the account is no longer active (an Inactive Account).
With respect to any Inactive Account ANX may, on the giving of seven (7) calendar days’ written notice (for the avoidance of doubt, written notice for the purposes of this clause may include electronic communications), restrict access to, or close the Inactive Account and whilst there is a positive balance associated with the Inactive Account impose a monthly Inactive Account Fee (as outlined on the fees page https://anxpro.com/pages/fees as updated from time to time).
Further, where ANX closes an Inactive Account, and following the application of any Inactive Account Fee, if there is a positive balance (either in digital assets or fiat currency) associated with that account (Unclaimed Assets), ANX may take the following further steps at its sole and absolute discretion:
(a) for a period of thirty (30) calendar days from the date of closure of the Inactive Account, hold any balance as Unclaimed Assets, which upon your instruction ANX will pay out to you using a payment method available at the time of instruction;
(b) where any Unclaimed Assets remain unclaimed beyond thirty (30) calendar days from the date of closure of the Inactive Account, ANX may make arrangements with a third party to administer the Unclaimed Assets. Such arrangements may involve additional fees being imposed by the third party in addition to any Inactive Account Fee. Where a third party imposes such a fee, those fees will be deducted from the Unclaimed Assets;
(c) where any Unclaimed Assets remain unclaimed for one hundred and eighty (180) calendar days from the date of the Inactive Account closure, ANX may remit (or instruct any third-party administering the assets to so remit) any of the Unclaimed Assets to any charitable organisation it deems acceptable in its sole and absolute discretion.
Where ANX or a third party holds any Unclaimed Assets, and payment out of the Unclaimed Assets is not possible in the form of the asset being held, ANX may at its sole and absolute discretion, elect to convert those Unclaimed Assets into another form of asset at the then-prevailing rate of conversion of those assets.
13. THIRD PARTY WEBSITES.
13.1 ANX may link to other third-party websites for convenience only and are not part of the Site. ANX does not endorse, confirm or support the contents of third-party websites. ANX is not responsible for the content of a third-party website and cannot attest to the accuracy and completeness of such content. You acknowledge that your use of any third-party website is at your own risk.
14. CYBERATTACKS AND MODIFICATIONS ON BLOCKCHAIN NETWORK.
14.1 ANX does not have any ability to prevent or mitigate cyberattacks and modifications on the blockchain networks (“Modification”). ANX reserves the right to take commercially reasonable actions in such event. If ANX determines the Digital Asset is active on the Platform has been compromised, ANX may halt trading, payments and withdrawals for such Digital Asset. If ANX determines the Modification to greatly decrease the value in such Digital Asset, ANX may discontinue trade activity on such Digital Asset entirely. ANX does not have any obligation to engage in any activity in connection or in response to any Modifications on blockchain networks.
15. DIGITAL ASSET NETWORK PROTOCOLS.
15.1 ANX does not own the underlying open source blockchain software. By using the Platform, you acknowledge and agree:
(i) that we are not responsible for the operation of the underlying blockchain software and networks that support the Digital Assets and that we make no guarantee of the functionality, security or availability of such software and networks; and
(ii) that the underlying protocols are subject to sudden changes in operation rules (i.e. Forks), and that such changes may materially affect the value, function, availability and/or even the name of the Digital Asset you store in the Account.
15.2 In the event of any sudden changes resulting in the occurrence of a Fork (including but not limited to hard Forks and Airdrops), ANX reserves the right to decide which version of the Fork is recognised and supported (such decision will be published via an official statement). Do not attempt to use your Account to receive, request, send, store or engage Digital Assets that are not supported by the Platform.
15.3 The Platform reserves the right to halt trading, payments and withdrawals for extended periods of time subject to the Platform’s absolute discretion in order to protect customer funds from network instability and faults resulting from the occurrence of a Fork. If there is a risk of multiple currencies resulting from a Fork, the Platform reserves the right to determine which blockchain represents the original blockchain.
15.4 For the avoidance of doubt, you should not expect any new or additional Digital Assets created by Forks to be credited or accrued to your Account.
15.5 In the event of a Fork, the value, function, and/or even the name of the Digital Asset you store on the Platform may be materially affected. In any such event, you agree that ANX may temporarily suspend the service (with or without advance notice to you) in its sole discretion and ANX may decide based on commercially reasonable efforts either (a) configure or reconfigure its systems or (b) not to support (or cease supporting) the branch derived from the forked protocol. In the instance of any private keys held and managed by ANX, ANX does not convey ownership or any related rights associated with the Users. You acknowledge and agree that ANX assumes absolutely no responsibilities whatsoever in respect of an unsupported branch of a forked protocol.
15.6 By sending your Digital Asset on the Platform, you will not receive any tokens which may accrue to you had you kept the Digital Assets on your own wallet. You are advised to withdraw your Digital Assets from the Platform. If you wish to receive any new protocol and its associated tokens resulting from Forks and Airdrops, you should withdraw your Digital Asset to an external wallet or any hardware wallet device that is capable of accessing the Airdrop.
16. LANGUAGE CONTROLS.
16.1 Notwithstanding any other provision of this agreement, any translation of this agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in English. You agree that in the event of any conflict between the English version of the foregoing documents and any other translations thereto in the Website, the English version shall prevail.
17.1 ANX and the User are and intend to remain independent parties. Nothing in the Agreement shall be deemed or construed to create the relationship of a principal and agent or partnership or joint venture between ANX and the User.
17.2 The Agreement represents the entire agreement between ANX and User and supersedes any and all other agreements between the parties, whether written or oral, regarding the subject matter hereof (but not include any add-on services as may be requested by the User). Unless otherwise specified in writing by ANX, the Agreement shall govern and supersede any other agreement entered into between ANX and you. ANX may assign its rights or obligations pursuant to the Agreement while the User agrees not to assign any rights under the Agreement without ANX’ explicit written consent.
17.3 No waiver of any term of the Agreement shall be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right or provision under the Agreement shall not constitute a waiver of such term.
17.4 The section titles in the Agreement are solely used for the convenience and have no legal or contractual significance.
17.5 Your electronic assent or use of the services shall constitute execution of the Agreement. You agree that the electronic text of the Agreement constitutes a “writing” and your assent to the terms and conditions hereof constitutes a “signing” for all purposes.
17.6 If any part of the Agreement shall be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of any other part or provision of the Agreement which shall remain in full force and effect. If any provision or part-provision of the Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this paragraph shall not affect the validity and enforceability of the rest of the Agreement.
17.7 ANX reserves the right, at its sole discretion, to change, add or remove portions of these Agreement, at any time. Such notification will be made via the Website and it is your responsibility to review the amended Agreement. Your continued use of the Website and Platform following the posting of changes will mean that you accept and agree to the changes and you agree that all subsequent transactions by you will be subject to the Agreement.
17.8 The Agreement shall be governed by the laws of the Hong Kong Special Administrative Region as to all matters including validity, construction, effect, performance and remedies without giving effect to the principles of choice of law thereof. In the event of any dispute, controversy, or claim arising out of or relating to the Agreement or the construction, interpretation, performance, breach, termination, enforceability or validity thereof (a “Dispute”), the party raising such Dispute shall notify the other party promptly and no later than sixty (60) days from the date of its discovery of the Dispute. The parties shall cooperate and attempt in good faith to resolve any Dispute promptly.
17.9 Any Dispute which cannot otherwise be resolved as provided in the paragraph above shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the UNCITRAL Arbitration Rules in force when the Notice of Arbitration is submitted, as modified by the HKIAC Procedures for the Administration of International Arbitration. The law of this arbitration clause shall be Hong Kong law. The place of arbitration shall be Hong Kong. The number of arbitrators shall be three. The arbitration proceedings shall be conducted in English.
17.10 All investment decisions are made solely by you. Notwithstanding anything in this Agreement, we accept no responsibility whatsoever for and shall in no circumstances be liable to you in connection with such decisions. Under no circumstances will the operation of ANXPRO be deemed to create a relationship that includes the provision or tendering of investment advice.
Last Updated: August 20, 2019