- GENERAL TERMS
- Welcome to Gatecoin
- Thank you for visiting Gatecoin, an online blockchain assets trading platform and exchange provided by and proprietary to Gatecoin Limited, a Hong Kong body corporate (Hong Kong company number 61785748-000-07-16-8). By using Gatecoin, you (a “User,” regardless of whether you are an individual or institution) are agreeing to be legally bound by these terms (the “Agreement”), so please read them carefully. If any term in this Agreement is unacceptable to you, please do not visit, access or use Gatecoin. Use of the words “we,” “us” or “our” in this Agreement refer to Gatecoin and any or all of its affiliates.
- General Terms of Service
- In order to use Gatecoin, you must first become a “Verified (Tier 1), Certified (Tier 2) or Corporate User” by successfully providing the required identification information pursuant to our Anti-Money Laundering and Counter-Terrorist Financing (AML/CFT) Policy Summary Statement (“AML Policy”).
- By visiting, accessing or using Gatecoin, you have indicated that you are at least eighteen (18) years old, have the legal capacity to accept this Agreement and to agree to be bound by it in its entirety. Feel free to print and keep a copy of this Agreement, but please understand that we reserve the right to change any of these terms at any time. You have the right to receive prior notice of any material changes and you can always find the latest version of this Agreement here on this page. You will be asked to agree to the revised User Agreement prior to accessing Gatecoin and your use of Gatecoin following any update to this Agreement is considered to be your acceptance of any such changes. You should, therefore, read this Agreement. If you do not agree to be bound by this Agreement, you should not visit, access or use Gatecoin.
- Blockchain Assets
- As used herein, “Blockchain Assets” means Bitcoin, Ether, and other mathematically-based or cryptographic protocols that are network-based and are a medium of exchange that (i) may be centralized or decentralized (but not issued by a sovereign entity), (ii) allow for borderless transfer-of-ownership, and (iii) may be used to buy goods and services. Gatecoin does not provide or issue to its Users any Blockchain Assets. All Blockchain Assets exchanged or traded by and between our Verified (Tier 1), Certified (Tier 2) or Corporate Users originate from the Verified (Tier 1), Certified (Tier 2) or Corporate Users themselves.
- Initial Coin Offerings and Blockchain Tokens
- Gatecoin offers on its platform the ability for Verified (Tier 1), Certified (Tier 2) or Corporate Users to exchange tokens from Initial Coin Offerings. An “Initial Coin Offering” (“ICO”) is a crowdfunding method that distributes Blockchain Tokens (“Tokens”) in exchange for a donation in a crowdfunding project.
- It is customary for some projects to keep their ICO Tokens non-transferable until a milestone has been set by the project. Those tokens will however be tradeable on the Gatecoin platform for credit on the User’s Account.
- Underwriting of ICOs
- Gatecoin will offer to its select Verified (Tier 1), Certified (Tier 2) or Corporate Users the opportunity to invest in a designated ICO, should the User express an interest in the ICO investment, Gatecoin will negotiate with the ICO Offeror for a guaranteed number of Tokens for a fixed price.
- Terms and Conditions of ICO Underwriting Investment The terms of each ICO Underwriting will vary and it is the Verified (Tier 1), Certified (Tier 2) or Corporate Users’ responsibility to affirm and understand the terms of the ICO before making investment decisions. Subject to our ICO Investment Advice Policy, Gatecoin’s invitation to participate in the ICO shall not be construed as investment advice.
- Welcome to Gatecoin
- USERS AND ACCOUNTS
- Verified (Tier 1), Certified (Tier 2) or Corporate Users
- Only Verified (Tier 1), Certified (Tier 2) or Corporate Users can buy and sell Blockchain Assets in exchange for fiat currency or other Blockchain Assets on Gatecoin. If you are a Verified (Tier 1), Certified (Tier 2) or Corporate 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 AML Policy.You agree that you will not allow anyone who has not been cleared by our AML Policy to access your accounts.
- 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. To the extent that you would like more information on becoming a Verified (Tier 1), Certified (Tier 2) or Corporate User, or adding another Verified (Tier 1), Certified (Tier 2) or Corporate User to your account, please send an email to firstname.lastname@example.org.
- REGULATORYCOMPLIANCE AND VERIFICATION
- Our AML Policy contains Anti-Money Laundering (“AML”) AML and Counter- Terrorist Financing (“CTF”) provisions, as mandated by the Money Service Operator Ordinance (“MSO”), the Anti Money Laundering and Counter-Terrorist Financing Ordinance (“AMLCTFO”) and other relevant Hong Kong and International Law, and any other rules and regulations regarding AML. These standards are designed to prevent the use of Gatecoin services 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 facilitates money laundering, terrorist financing or any other financial crimes.
- In the event that your Gatecoin Account and/or User Account is suspected of being in breach of any AML compliance provisions, you agree that we have the right to suspend your Gatecoin Account, User Account and access to Gatecoin, until a thorough investigation in partnership with Law Enforcement Agencies has taken place.
- Should your User Account or any other account registered to or associated with the same Gatecoin Account be proven to be in breach of any such provision, you agree that we have the right to close your User Account.
- In the event that you are the owner and/or designated representative of a Gatecoin Account that is or has any associated account suspected of being in breach of any AML compliance provision, you agree that we have the right to suspend the associated Gatecoin Account, all its associated accounts, and your access to Gatecoin, until a proper investigation has taken place. Should this Gatecoin Account or any associated account be proven to be in breach of any such provision, you agree to forfeit any and all funds in the Fiat Account and/or Blockchain Asset Account associated with this Gatecoin Account to the appropriate authorities.
- Our 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.
- In furtherance of our AML Policy, we reserve the right to require each Verified (Tier 1), Certified (Tier 2) or Corporate User to provide additional information to us, our officers, employees or designees or undergo a background check prior to being authorized as one of our Verified (Tier 1), Certified (Tier 2) or Corporate Users or at any point thereafter in accordance with applicable laws. For more detailed information, with regards to our verification tiers, please consult the Verification Schedule found here.
- Applicable Rules and Regulations for Transactions
- All of your Orders or requests that are facilitated by Gatecoin or its managers, directors, officers, employees, consultants, agents, advisors, financial institutions with which we work, licensors, licensees, or its or their affiliates (collectively, “Gatecoin”) shall be subject to all laws, regulations, and rules of any applicable governmental or regulatory authority, including but not limited to, money service operator business regulations under the Money Services Operators Ordinance, the relevant regulations of the Hong Kong Customs and Excise Department and AML/CTF provisions as mandated by Hong Kong Law and any other rules and regulations regarding AML/CTF.
- As such, legislative and regulatory changes or actions at the local or international level may adversely affect the use, transfer, exchange, and value of your Blockchain Assets.
- SECURITY, ACCESS AND COMMUNICATION
- Authorized Access to Gatecoin and Security
- Once we approve your User Account and its associated Gatecoin Account, you will be provided online access to Gatecoin based on your User Account login credentials and required additional layers of authentication.
- We suggest the use of multi-factor authentication to keep you and your accounts safe and secure. As a result, you should always use at least two (2) forms of authentication when accessing your User Account and performing certain account operations.Forms of multi-factor authentication in addition to your login credentials may include verification tokens delivered through short message service (“SMS”) or a specified and supported two-factor authentication (“2FA”) application.
- If you choose to install and use a 2FA application on a device (e.g., phone or tablet) on which the operating system has been tampered with in any way, you do so at your own risk.This includes, but is not limited to, a “rooted” (Android) or “jailbroken” (iOS) device. We reserve the right in our sole discretion to prohibit access from or by any device on which the operating system has been or is suspected of having been modified or tampered with. We may provide your 2FA data to a third party service provider in order to help us authenticate you.
- Your User Account login credentials and forms of multi-factor authentication, where applicable, have been chosen by you and allow you to access Gatecoin and the services we provide. You, therefore, agree to keep your User Account login credentials and forms of multi-factor authentication confidential and separate from each other, as well as separate from any other information or documents relating to the associated Gatecoin Account.You also agree to be solely responsible for maintaining the security of your User Account login credentials and forms of multi-factor authentication. Unfortunately, we cannot be responsible for any unauthorized use of your User Account or any other accounts associated with the same Gatecoin Account.
- Email Address Communication
- You understand and agree that all communication with you will be via electronic communication, that we consider the email address you have provided to be your primary means for electronic communication and we will use this email address to provide you with account-related notices and Order Receipts. We may also use this email address for other communications, including notices regarding this Agreement, your User Account, and the associated Gatecoin Account.
- Change of Email Address Policy, for security purposes, should a verified user wish to change his/her email address, he/she must make such request by email and schedule a video conference with our compliance officer.
- Delivery of any notice to the email address on record with your User Account or the associated Gatecoin Account will be considered valid. If any email is returned as undeliverable, we retain the right to block access to your User Account and the associated Gatecoin Account until you provide and confirm a new email address.
- Authorized Access to Gatecoin and Security
- EXCHANGE OPERATIONS AND ORDERS PROCESS
- Exchange Ledger
- Gatecoin maintains a private exchange ledger (the “Exchange Ledger”) to track a Verified (Tier 1), Certified (Tier 2) or Corporate User’s ownership of (i) fiat currency reflected in the associated Fiat Account and (ii) Blockchain Assets reflected in the associated Blockchain Asset Account. The account amounts listed in the Exchange Ledger may correspond to funds stored in one or more pooled Blockchain Asset accounts or one or more omnibus fiat accounts. The Exchange Ledger enables immediate settlement of sale or purchase transactions when the transacting accounts contain sufficient funds. Accordingly, entries in the Exchange Ledger are not publicly disclosed nor broadcast to a given blockchain. Only transfers of Blockchain Assets from your private wallet into your Blockchain Asset Account, or withdrawals of Blockchain Assets from your Blockchain Asset Account to your private wallet, will be confirmed and visible on a given blockchain.
- Orders and Settlement
- Gatecoin allows Verified (Tier 1), Certified (Tier 2) or Corporate Users to set limit orders to buy or sell Blockchain Assets at a given price, a record of which offers are maintained in Gatecoin’s order book. When Gatecoin’s trading engine matches buy and sell offers on our order book, we record the trade on the Exchange Ledger, effectively transferring ownership of the seller’s traded Blockchain Assets to the buyer.
- A Verified (Tier 1), Certified (Tier 2) or Corporate User may place “Market Orders”. A Marker Order is a buy or sell order to be executed immediately at current market prices. As long as there are willing sellers and buyers, market orders are filled. The price of the Market Order is defined by the Market as an estimation of the current order book. Gatecoin does not guarantee the price for a Market Order as the price is dependent on market forces.
- All buy transactions are purchases of Blockchain Assets with fiat currency or another Blockchain Asset that settle immediately from a pre-funded Fiat Account/Blockchain Asset Account and are recorded on our Exchange Ledger. All sell transactions are sales of Blockchain Assets for fiat currency or other Blockchain Asset that settle immediately from a pre-funded Blockchain Asset Account and are recorded on our Exchange Ledger.
- When a Verified (Tier 1), Certified (Tier 2) or Corporate User enters a limit order on Gatecoin to sellBlockchain Assets, the full amount of the Blockchain Assets offered for sale will be placed on hold in the associated Blockchain Asset Balance and any associated fees in fiat currency will be deducted by Gatecoin from the sale proceeds. Until the sell order fills, expires or is cancelled, the amount of Blockchain Assets being offered for sale will not be available to be used for any other purpose, including other sell orders or withdrawals. For partially filled sell orders, the unfilled portion of Blockchain Assets offered for sale will remain on hold until the remaining sell order is filled, expires or is cancelled.
- You agree that it is your responsibility to cancel any sell order (or part of any sell order) that you do not want filled. If you submit a sell order and you have the
Blockchain Assets available in your Blockchain
Asset Account, you understand that you may
not be able to cancel this sell order prior
to it filling (in whole or in part) and that
we will not be liable to you for the completion
of an Order after you have submitted a cancelation
request. Any limit or market sell order that
exceeds the amount of available Blockchain
Assets in the associated Blockchain Asset
Account will be rejected. Prior to the submission
of any sell order,
we will provide you with the opportunity
to review the following information:
- The number of Blockchain Assets proposed to be sold;
- The gross sale proceeds of your sell order;
- Any Fees or other charges associated with your sell order;
- The net sale proceeds to be transferred into your Fiat Account.
- When a Verified (Tier 1), Certified (Tier 2) or Corporate User enters a limit order on Gatecoin to buy Blockchain Assets, the full amount of the purchase price and any associated fees in fiat currency or other Blockchain Asset (“Fees”) will be placed on hold in the associated Fiat Balance or Blockchain Asset Balance. Until the buy order fills, expires or is cancelled, the full amount of fiat currency required to fulfil the buy order will not be available to be used for any other purpose, including other buy orders or withdrawals. For partially filled buy orders, the value of the unfilled portion of fiat currency required for purchase (and to cover any associated Fees) will remain on hold until the remaining buy order is filled, expires or is cancelled.
- You agree that it is your responsibility to cancel any buy order (or part of any buy order) that you do not want filled. If you enter a buy order and you have the
fiat currency (including any associated Fees
in fiat currency) available in your Fiat
Account, you understand that you may not
be able to cancel this buy order prior to
it filling (in whole or in part) and that
we will not be liable to you for the completion
of your buy order after you have submitted
a cancelation request. Any limit or market
buy order that exceeds the amount of available
fiat currency in the associated Fiat Account
will be rejected.
Prior to the submission of any buy order, we will provide you with the opportunity to review the following information:
- The number of Blockchain Assets proposed to be purchased;
- The gross purchase price of your buy order;
- Any Fees or other charges associated with your buy order;
- The net purchase proceeds to be transferred into your Blockchain Asset Account; and
- A notification that, once entered, your buy order may not be cancellable or otherwise undone.
- Exchange Operations
- Orders you place on Gatecoin during regular operation will normally be executed if the market price is at a point within the limits of your Order. However, we do not guarantee that your Order will be filled even if the market price was within your limit at the time such Order was placed or was otherwise open.
- Gatecoin reserves the right to reject or cancel Orders made and/or pending during downtime. Certain deposit or withdrawal requests for both Blockchain Assets and fiat currency may not be processed outside of normal banking hours.
- Orders may be subject to delays, difficulties, and/or conditions affecting transmission or execution of Orders over which Gatecoin has no control, including, but not limited to, mechanical or electronic failure or market congestion. We are not liable for any delays, difficulties or conditions adversely affecting transmission or execution of Orders. Gatecoin shall not be liable for any refunds as a result of the technical issues outlined above.
- We reserve the right to require all Orders to pass automated compliance checks. If your Order is flagged for review by any of these checks or if it meets certain defined criteria, it may require our manual review and approval. We will try to review such Orders on a timely basis, but we are not liable for any delays.
- If at any time you are in any doubt about the status of your Order you can view your Order status on Gatecoin. We may cancel any Order flagged for review that is not approved manually.
- We may require you to confirm your Order request via telephone or by other forms of authentication prior to execution it if it is deemed suspicious.
Instructions and Dealing Practices for the Custody and the Underwriting of ICOs
- You may give Instructions verbally, through the Internet, by facsimile transmission or in such other manner as Gatecoin may permit. You expressly agree that the Internet may be used as the medium for giving Instructions or other communication for the purposes of this Agreement. If you experience difficulties in reaching Gatecoin through a particular medium, you will attempt to use alternative ways to communicate with us and/or inform us of such
- Gatecoin may accept and act upon Instructions which it reasonably believes emanated from you, your agent or your Authorized Person, and is under no duty to verify their identity or authority, or the geniuses of any signature contained in an Instruction. Such Instructions will be binding on you and Gatecoin shall incur no liability for accepting or acting upon such Instructions, whether or not in fact given by you, your agent or your Authorized Person, and even if they: (i) were not accurately transmitted or received; (ii) were not properly understood by Gatecoin; or (iii) from any written subsequently received from you, save as where due to the negligence or wilful default of Gatecoin.
- Gatecoin may in its absolute discretion refuse to act on any of your Instructions without giving any reason. In particular, Gatecoin may refuse to act on an Instruction if, at the time of such Instruction: (a) there are Blockchain Assets, Tokens or funds in the Account to settle the relevant transaction; or (b) you do not have the required minimum balance in your Account. Gatecoin may also refuse to act upon any Instructions by telephone or facsimile if it is in doubt as to whether such Instructions have been properly authorized, accurately transmitted or received or properly understood by it, or if such Instructions are illegible or ambiguous, and it shall incur no liability for so refusing to act.
- Gatecoin may perform its duties under this Agreement through third parties, including any of its subsidiaries or other third parties who may be acting as agent or as principal. Neither Gatecoin nor such third party is obliged to account to you for any commissions, fees, spreads (including mark ups or mark downs) or other obtained in connection therewith. In particular, Gatecoin may execute your Instructions through such exchanges or dealers as Gatecoin may in its sole discretion decide.
- You agree that Gatecoin shall act as your agent for the custody and underwriting of ICOs unless you participate in the contract for the relevant transaction or by other means. Where Gatecoin acts as principal in a transaction, it will only do so where the transaction is on commercial terms and those terms are not less favourable to you than you could have obtained through Gatecoin, if Gatecoin had not acted as principal.
- The Authorized Person(s) is/are hereby authorized to act on your behalf in respect of all matters relating to this Agreement and the Account and to give Gatecoin directions, instructions of whatever nature relating to the Account. You acknowledge and agree that any Instructions given or purported to be given to Gatecoin by the Authorized Person(s) shall at all times be binding on you regardless of whether any such person giving instructions has your actual authority to do so at the time of such Instructions. You hereby agree to ratify at any time hereafter all acts and deeds, directions, orders or instructions given by any or all of the Authorized Person(s) and acknowledge that the same shall at all times be binding on you.
- Subject to applicable laws, rules and regulations, Gatecoin may reasonably determine the priority of execution of your Instructions, and you have no claim of priority to any other client of Gatecoin.
- You understand that Gatecoin may take an opposite position to your orders whether it is on Gatecoin’s own account or on behalf of its other clients. Gatecoin is under no obligation to inform you of any position at any one time taken by Gatecoin nor to close any of your positions in your Account notwithstanding Gatecoin’s rights to do so hereunder.
- Gatecoin may in its absolute discretion consolidate and/or disaggregate your Instructions with similar instructions received from other clients, provided this will not result in your Instructions being executed at a price less favourable than if they had been executed individually. If there are ICO Tokens to satisfy purchase orders so consolidated, the ICO Tokens actually purchased will be allocated to the consolidated purchase orders on a pro-rata basis.
- Due to physical or technical restraints and price Gatecoin may not be able to execute your Instructions in full or at the prices quoted at any time or “at best” or “at market”. You agree to be bound by the outcome when you give any Instructions and Gatecoin shall incur no liability for failing or being unable to comply with any of your Instructions, unless due to its negligence or wilful default.
- All Instructions will be executed on the basis that an actual purchase or sale is intended. Unless otherwise as provided in this Agreement, you must have Securities to cover all sales and Available Funds to pay in full for all purchases in accordance with this Agreement. You will fully indemnify Gatecoin against all loss and liability which it may incur as a result of your failure to have ICO Tokens, Blockchain Assets or Available Funds.
- Gatecoin may in its absolute discretion manually review and enter certain Instructions. This may delay the processing and/ or execution of your Instructions. You agree to accept the price at which your Instructions were actually executed even if from the price at the time you gave your Instructions.
- All Instructions are good for the day on which they were given. They will be automatically cancelled if not executed by the close of trading on the relevant Exchange or such other expiration date required by the relevant Exchange. The only exception is where you choose to enter a “good till cancelled’ Instruction. Any Instruction received on a trading day after the close of trading on the relevant Exchange will be carried forward to the next trading day of that Exchange, and this Clause 6.14 will apply accordingly. Gatecoin may execute the Instructions at any time prior to their automatic cancellation or receipt of cancellation instructions, and you accept full responsibility for the transactions so executed.
- You may request to cancel or amend your Instructions but Gatecoin is not obliged to accept any such request. Instructions may be cancelled or amended only before execution. Cancellation of market Instructions is rarely possible as they are subject to immediate execution. In the case of full or partial execution of your cancelled Instructions, you accept full responsibility for the executed transactions and Gatecoin shall incur no liability in connection therewith.
- You agree that Gatecoin may (but is not obliged to) monitor and/or record your Instructions and telephone conversations with Gatecoin. Any such recording (or a transcript thereof) will be conclusive evidence of the contents and nature of the relevant Instructions or telephone conversations.
- It is your sole responsibility to review your Order history and Order Receipts on a regular basis in order to meet the period set forth above.
- Exchange Ledger
- Trading Fee Schedule
- Gatecoin’s current fee schedule (“Fee Schedule”) can be found here The Fee Schedule is hereby incorporated by reference and your acceptance of the terms of this Agreement is considered to be your acceptance of any such Fee Schedule.
- We reserve the right to change, modify or increase our Fee Schedule at any time. Any change to the Fee Schedule, including adjustments to any of the tiers or rates, will be posted no fewer than three (3) calendar days before changes are to take effect and no changes will be in effect for fewer than thirty (30) calendar days.
- Your use of Gatecoin following any update to our Fee Schedule is considered to be your acceptance of any such changes.
- You agree to pay all Fees associated with or incurred by your Gatecoin Account, the Orders you enter into, and the services you receive.
- Maker /Taker Fee System
- Gatecoin Fee Schedule incorporates a Monthly Adjusted Fee Structure (“Maker/Taker System”) that reflects the volume of trades made within a Monthly period. Monthly volume is calculated over a rolling period of 31 days. The breakdown of such can be found at https://gatecoin.com/feeschedule.
- The Maker Fee structure is for the trader providing liquidity to the market, Makers post orders to the order book. The Taker Fee structure is for the trader who takes liquidity out of the market, the Taker picks orders from the order book.
- Transfer Costs Schedule
- Gatecoin’s current transfer costs schedule (“Transfer Fee Schedule”) can be found here
- Any change to our Transfer Fee Schedule, will be posted no fewer than three (3) calendar days before changes are to take effect and no changes will be in effect for fewer than thirty (30) calendar days.
- The Transfer Fee Schedule is hereby incorporated by reference and your acceptance of the terms of this Agreement is considered to be your acceptance of our Transfer Fee Schedule.
- Trading Fee Schedule
- FUNDS AND DEPOSITS
- Funding and Withdrawals
- We will not accept fiat funds on your behalf from a third party. All fiat fund deposits via bank wire transfer to a Fiat Account will only be accepted from a bank account that has been approved by our AML Policy (each, a “User Bank Account”). Your daily transfer limit will be determined by the levels of verification the Gatecoin compliance team has approved (“Gatecoin Compliance”) with accordance to our Verification Schedule.
- All fiat currency withdrawals via bank wire transfer from a Fiat Account can only be transferred to a User Bank Account.The initiation of a withdrawal via bank wire or transfer from a Fiat Account using valid User Account login credentials and required forms of multi-factor authentication will be deemed to be an authorization for Gatecoin to complete any such withdrawal to a User Bank Account.
- Subject to our AML Policy, any withdrawal requests have to be made to the User Bank Account that is under the same legal name or registered company name as reflected within our Verification Processes. Any withdrawal requests made to User Bank Accounts that do not reflect the Verified Users information will be subsequently cancelled.
- You will be able to view the balances in your Fiat Account and Blockchain Asset Account (including any pending transactions and recent activities) at all times during normal Gatecoin operations.
- In certain situations, fiat currency deposits/withdrawals and/or Blockchain Asset withdrawals may be delayed by up to three (3) to five (5) business days in connection with planned or unplanned maintenance or downtime.
- Source of Funds
- You agree, represent and warrant that no funds presently in a Fiat Account or Digital Account associated with a Gatecoin Account that you own and/or are a designated representative of, or funds exchanged or to be exchanged by you in the future on Gatecoin are the direct or indirect proceeds of any criminal or fraudulent activity.
- Any Blockchain Assets that we receive from a sender that is not a User, or otherwise are unauthorized or sent inadvertently will be sent back and is subject to be reported to law enforcers.
- Custody of User Blockchain Assets
- The Blockchain Assets reflected in your Blockchain Asset Account will be held in one or more pooled Blockchain Asset wallets controlled and secured by Gatecoin. You will have a beneficial ownership interest in the Blockchain Assets allocated to you on our Exchange Ledger.
- Gatecoin acts as a custodian of your Blockchain Assets and holds your Blockchain Assets in trust before, during and after a trade, as applicable.
- Fiduciary for User Fiat Currency
- Gatecoin is a fiduciary and will hold the fiat currency reflected in your Fiat Account in one or more depository institutions with which we have agreements (each, a “Bank”).
- Each Account is (i) legally distinct from our transaction and business accounts and (ii) established specifically for your benefit and recorded on our Exchange Ledger. Cash balances held in your Fiat Account will not be treated as general assets of Gatecoin.
- Custody of Tokens
- Gatecoin provides Verified (Tier 1), Certified (Tier 2) or Corporate Users with custody service for the ICO Tokens. Subject to applicable laws, rules, regulations and agreements, all Tokens in your Account will be registered in the name of Gatecoin, its nominee or a nominee designated by a transfer of login credentials to Gatecoin. Gatecoin will credit all rewards, distributions and other in respect of Tokens not registered in your name which it receives into your Account. Gatecoin will notify you of any Token rights received for your Account.
- Deposit and Withdrawal of ICO Tokens
- In order to facilitate the Custody Service, the
Verified (Tier 1), Certified (Tier 2) or
Corporate User agrees to do the following:
- Deposit of designated login credentials or any other method of accessing the Account Tokens within the ICO.
- Gatecoin shall change the login and customer information to conform with the internal Rules and Regulations of the Custodial Department.
- The Tokens then shall be credited to the Verified (Tier 1), Certified (Tier 2) or Corporate Users Gatecoin Blockchain Asset Account.
- Subject to the Security, Account and Communication Policy, the Verified (Tier 1), Certified (Tier 2) or Corporate User shall be responsible for the using safe means to transfer the login credentials to Gatecoin. Gatecoin under no circumstance shall be held liable for the loss of Tokens, compromise of communications, theft of information, loss of access to the Tokens Account and other related malfunction, unless such actions are due to Gatecoin’s express negligence.
- The Verified (Tier 1), Certified (Tier 2) or Corporate User also warrants and guarantees that the login credentials are the legal right/or property of the Verified (Tier 1), Certified (Tier 2) or Corporate User and is not a product of Data breach or a compromise of a Database, which is deemed to be a criminal offence under relevant provisions of Computer Misuse legislation and other relevant Criminal Statues. The Verified (Tier 1), Certified (Tier 2) or Corporate User also warrants and guarantees that any access method is not subject to malicious software that may compromise the Gatecoin platform.
- Non-compliance with the above states provisions may lead to the suspension or the termination of the Verified (Tier 1), Certified (Tier 2) or Corporate Users Gatecoin Account. Depending on the severity of the breach of the Security, Access and Communication policy, relevant information may be reported or passed onto the appropriate regulatory authorities, law enforcement agencies and financial institutions. Disclosure mandated by legal process shall be subject to the Data Protection clause of this Agreement.
- In order to facilitate the Custody Service, the Verified (Tier 1), Certified (Tier 2) or Corporate User agrees to do the following:
- Funding and Withdrawals
- ACCOUNT SERVICES
- Account Statements
- We provide account statements (each, a “User Statement”) in addition to Order Receipts to our Verified (Tier 1), Certified (Tier 2) or Corporate Users via Gatecoin and/or email. Such User Statements will contain the balances present in your Blockchain Asset Account and Fiat Account and will list all Orders (including partially filled Orders) and any pending requests.
- Please note that neither User Statements, Order Receipts nor any other documentation from us will provide valuations of your Gatecoin Account. Please understand that delivery of User Statements and Order Receipts via Gatecoin and/or via email takes the place of printed monthly statements and/or individual transaction receipts mailed to you via regular postal mail.
- We intend for the information contained in User Statements and Order Receipts to be accurate and reliable, however, please understand that errors may sometimes occur. Therefore, we disclaim any warranty of any kind, whether express or implied, as to any matter whatsoever relating to such information.
- Any Order that has been executed shall be bound to the actual means and results of its execution regardless of any discrepancies between the execution and the reporting for that Order that may occur. We retain the right to enter pricing, Order, and reconciliation adjustments to your Fiat and/or Blockchain Asset Accounts as necessary and appropriate.
- Every transaction indicated or referred to in any User Statement, Order Receipt, or other communication shall be deemed and treated as authorized and correct as ratified and confirmed by you unless we receive written notice to the contrary within three (3) business days from the completion of the transaction.
- Account Review and Acknowledgement
- It is important for you to understand that it is your sole responsibility to access your Gatecoin Account and review Order Receipts on a regular basis, and that you will be deemed to have accessed your Gatecoin Account and reviewed this information on at least a monthly basis. If for any reason you are unable to do so, or do not have account notifications turned on or deliverable, it is your responsibility to notify us immediately at email@example.com.
- You understand that every Order Receipt or other communication sent to or accessed by you will be deemed to have been acknowledged as correct, approved and consented to by you unless we have received written notice to the contrary within three (3) business days from the date received.
- We retain the right to enter pricing, order, and reconciliation adjustments as necessary and appropriate.
- Account Statements
- PRIVACY AND DATA PROTECTION
- Privacy of Information
- You acknowledge that the information contained in your User Account is only for you and that you will not cause others to rely upon it (other than your tax advisor or attorney, or as otherwise prescribed by law) without our prior written consent.
- In addition, you acknowledge and agree that we will share information concerning you and your accounts (i) with our financial institutions and appropriate local and foreign regulatory authorities in connection with providing the services contemplated by this Agreement and (ii) in response to a court or government order.
- When you access Gatecoin, we may make use of the standard practice of placing tiny data files called cookies, flash cookies, pixel tags or other tracking tools (herein, “Cookies”) on your computer or other devices used to visit Gatecoin. We use these technologies to help us recognize you as a User, collect information about your use of Gatecoin to better customize our services and content and collect information about your computer or other access device to a) ensure compliance with our AML Policy and b) ensure that your account security has not been compromised by detecting irregular or suspicious account activities.
- By using Gatecoin you agree that the Gatecoin Parties may collect and/or transmit any data collected to our third party service providers, such as analytics providers, which may also make use of such technologies as described above. Please note that if you block or delete cookies you will not be able to use all or a portion of Gatecoin.
- Privacy of Information
- ACCURACY OF INFORMATION
- Third Party Information Accuracy and Usage
- An information provider is any company or person who directly or indirectly provides us with information (“Information Provider”). Such information could include overall market data, quotations from other exchanges, markets, dealers and/or miners of Blockchain Assets.
- Gatecoin Information Accuracy, Liability and Risks
- While we strive to provide you with accurate
information, we cannot guarantee that information
on Gatecoin will always be accurate. As a
result, we are not liable to you, any other
person or any institution:
- For the accuracy, completeness, timeliness or correct order of information;
- For any changes or updates to this Agreement, including to our Fees, with or without notice;
- For any decision you make or action you take by relying on any of the information on Gatecoin;
- For any transaction you initiate or attempt that is not completed;
- For any transaction that is completed;
- For the price at which you buy or sell Blockchain Assets on Gatecoin;
- If you are not able to buy or sell Blockchain Assets on Gatecoin;
- For any law, rule, regulation, action, enforcement or order in your jurisdiction that makes the use, ownership, purchase or sale of Blockchain Assets illegal or impermissible; and
- For any failure set forth in the Ordinary Care section of this Agreement.
- Please also note the risks incurred with accessing or using Gatecoin as stated in our Risk Disclosure (section 11 below).
- You acknowledge that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for you, and that Gatecoin does not give advice or recommendations regarding Blockchain Assets including the suitability and appropriateness of, and investment strategies for, Blockchain Assets. You acknowledge and agree that you shall access and use Gatecoin at your own risk.
- While we strive to provide you with accurate information, we cannot guarantee that information on Gatecoin will always be accurate. As a result, we are not liable to you, any other person or any institution:
- Accessing Gatecoin Servers
- Under no circumstances may you enter restricted areas of any computer or network of Gatecoin or any of its parties, or perform any functions that are not authorized under this Agreement. It is strongly recommended that you do not access Gatecoin from an unsecured or public computer and/or network.
- We may suspend and/or terminate your access to
Gatecoin without notice if:
- we believe that you and/or another User associated with your Gatecoin Account are attempting to gain unauthorized access;
- we are instructed to do so by an authorized Gatecoin Account signatory;
- we believe that you are using Gatecoin, your User Account login credentials, or other account information in an unauthorized or inappropriate manner; or
- there is unusual activity in or relating to your User Account, the associated Gatecoin Account or any other associated account.
- Notwithstanding the above, you are responsible for monitoring your User Account and the associated Gatecoin Account and should promptly report any unauthorized or suspicious activity in your account to us at firstname.lastname@example.org.
- Service Modifications and Interruptions
- We may modify any or all of Gatecoin without notice. Part of or all of Gatecoin may periodically be unavailable during planned or unplanned downtime. You acknowledge and agree that Gatecoin is not liable or responsible to you for any inconvenience or damage to you as a result of such downtime.
- Third Party Information Accuracy and Usage
- RISK DISCLOSURE
- Trading bitcoin, ether, or any other blockchain asset
carries a high level of risk, and may not be suitable
for you. You should be aware that you may sustain
a total loss of the funds in your Gatecoin account.
When accessing or using Gatecoin, please consider
the following risks:
- The risk of loss in trading Blockchain Assets may be substantial and losses may occur over a short period of time;
- The price and liquidity of Blockchain Assets has been subject to large fluctuations in the past and may be subject to large fluctuations in the future;
- Legislative and regulatory changes or actions in your local jurisdiction or at the international level may adversely affect the use, transfer, exchange and value of Blockchain Assets;
- In your jurisdiction, Gatecoin may not be regulated as a financial institution, deposits in your Blockchain Asset Account and your Fiat Account may not be considered deposits under the laws, rules or regulations applicable in your jurisdiction and may not be subject to applicable deposit insurance protection;
- Blockchain Assets are not legal tender, are not backed by any government, and Blockchain Asset accounts and value balances are not subject to Federal Deposit Insurance Corporation or Securities Investor Protection Corporation protections; transactions in Blockchain Assets may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable some Blockchain Asset transactions shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that you initiate the transaction;
- The value of Blockchain Assets may be derived from the continued willingness of market participants to exchange fiat currency for Blockchain Assets, which may result in the potential for permanent and total loss of value of a particular Blockchain Asset should the market for that Blockchain Asset disappear;
- The nature of Blockchain Assets may lead to an increased risk of fraud or cyber- attack, and may mean that technological difficulties experienced by Gatecoin may prevent the access to or use of your Blockchain Assets; and
- Any bond or trust account maintained by Gatecoin for the benefit of our Users may not be sufficient to cover all losses due to theft or fraud incurred by Users.
- The placing of certain orders (e.g. “stop loss” or “stop limits” orders) that are intended to limit losses to certain amounts may not always be affected because market conditions or technological limitations may make it impossible to execute such orders.
- The prices quoted on Gatecoin may not necessarily reflect the broader market.
- The use of electronic trading systems and communication networks to facilitate trades exposes you to risks associated with the system including the failure of hardware and software system or network down timed access or connection failures. You acknowledge that Gatecoin will not be responsible for any services disruptions, errors or delays that you may experience while using its services.
- If you are located in Hong Kong, please take note of the Hong Kong Government risk warning on virtual commodities.
- YOU ACKNOWLEDGE AND AGREE TO ACCESS AND USE GATECOIN AT YOUR OWN RISK. THE POINTS NOTED ABOVE APPLY TO ALL TRADING PAIRS AVAILABLE ON GATECOIN. HOWEVER, THIS BRIEF STATEMENT DOES NOT DISCLOSE ALL OF THE RISKS ASSOCIATED WITH TRADING BLOCKCHAIN ASSETS. YOU SHOULD, THEREFORE, CAREFULLY CONSIDER WHETHER SUCH TRADING IS SUITABLE FOR YOU IN LIGHT OF YOUR CIRCUMSTANCES AND FINANCIAL RESOURCES. PLEASE CAREFULLY CONSIDER YOUR INVESTMENT OBJECTIVES, LEVEL OF EXPERIENCE, AND RISK APPETITE BEFORE USING ANY OF OUR SERVICES. SEEK ADVICE FROM AN INDEPENDENT FINANCIAL ADVISOR IF YOU HAVE ANY DOUBTS.
- Trading bitcoin, ether, or any other blockchain asset carries a high level of risk, and may not be suitable for you. You should be aware that you may sustain a total loss of the funds in your Gatecoin account. When accessing or using Gatecoin, please consider the following risks:
- INTELLECTUAL PROPERTY AND RELATED RIGHTS
- Proprietary Rights and Limitations On Use of the Platform
- Gatecoin website and trading platform is our proprietary platform. All rights are reserved. Gatecoin is protected by copyright and other intellectual property laws.
- Except as set forth in our Application Programming Interface (“API”) Use Policy, you agree not to modify, copy, reproduce, retransmit, distribute, sell, publish, broadcast, create derivative works from, or store Gatecoin (or any portion thereof, including Gatecoin source code or data or other information provided via Gatecoin), without the express prior written consent of the Gatecoin Parties. You may not use Gatecoin for any unlawful purpose.
- License to use Gatecoin Platform
- We hereby grant you a non-assignable and non-exclusive personal, worldwide, royalty-free license to use Gatecoin and to access data and other informational content through Gatecoin consistent with this Agreement. All other uses are prohibited, except as permitted via our API. All rights in and to Gatecoin, and not granted herein, are reserved.
- Trademark Rights
- Gatecoin and the Gatecoin logo (whether registered or unregistered) (the “Marks”) are proprietary Marks licensed to Gatecoin and protected by applicable trademark laws. Nothing contained in this Agreement should be construed as granting any license to or right to use any of the Marks displayed here without our express written consent. Any unauthorized use of our Marks is strictly prohibited.
- Third Party Intellectual Property Rights
- Also, you may not use any of our Marks in connection with the creation, issuance, sale, offer for sale, trading, distribution, solicitation, marketing, or promotion of any investment products (e.g., Blockchain Assets, fiat currency, securities, commodities, investment or trading products, derivatives, structured products, investment funds, investment portfolios, commodity pools, swaps, securitizations or synthetic products, etc.), including where the price, return, and/or performance of the investment product is based on, derived from, or related to Gatecoin or any portion thereof, without a separate written agreement with us. We may use technology that is the subject of one or more pending patent applications.
- Third Party Websites
- Gatecoin may link to other websites operated by or with content provided by third parties, and such other websites may link to our website. Gatecoin has no control over any such other websites or their contents and will have no liability arising out of or related to such websites or their contents. The existence of any such links does not constitute an endorsement of such websites, the contents of the websites or the operators of the websites. Gatecoin is providing these links to you only as a convenience. Gatecoin may also use third parties to gather Verified (Tier 1), Certified (Tier 2) or Corporate User’s data from financial institutions.
- Submissions to Gatecoin
- Gatecoin cannot agree to obligations of confidentiality or nondisclosure with regard to any unsolicited information you submit to us, regardless of the method or medium chosen. By submitting unsolicited information or materials to the Gatecoin, you or anyone acting on your behalf, agree that any such information or materials will not be considered confidential or proprietary.
- Gatecoin does not provide any facility for sending or receiving private or confidential electronic communications. You should not use Gatecoin to transmit any communication for which you intend only you and the intended recipient(s) to read. Notice is hereby given that all messages and other content entered into Gatecoin can and may be read by the Gatecoin Parties, regardless of whether they are the intended recipients of such messages.
- Reference to Gatecoin by Media
- Journalists and media representatives are encouraged
and hereby authorized to refer to Gatecoin
provided that the reference is accompanied
- Attribution to Gatecoin, and
- A hyperlink to gatecoin.com as feasibility permits. For all media related inquiries, please contact email@example.com .
- Journalists and media representatives are encouraged and hereby authorized to refer to Gatecoin provided that the reference is accompanied by:
- Proprietary Rights and Limitations On Use of the Platform
- SYSTEMS OPERATIONS
- System Disruptions or Malfunctions
- We reserve the right to reverse and/or cancel one or more Orders in the event of (i) any disruption or malfunction in the operation of any electronic communications, trading facilities, storage facilities, recording mechanisms or other components of or integral to Gatecoin or of Blockchain Assets, (ii) any other severe business disruption to Gatecoin, its systems or Blockchain Assets, where the nullification of transactions may be necessary for the maintenance of a fair and orderly market or the protection of you and the public interest.
- If such a disruption or malfunction occurs, our Chief Executive Officer, President and (or their designees), or others as may be designated by our Board of Directors, may review such Orders and declare such Orders arising out of the operation of Gatecoin during such period null and void.
- Absent extraordinary circumstances, any such action of the Chief Executive Officer, President and (or their designees), or the designees of the Board of Managers, pursuant to this paragraph will be taken within three (3) business days of detection of the erroneous transaction or disruption or malfunction. We will notify you if you are involved in any such event as soon as practicable.
- Systems Not Guaranteed
- Gatecoin uses commercially reasonable efforts to provide Verified (Tier 1), Certified (Tier 2) or Corporate Users with a reliable and secure platform, including an electronic trading service. From time to time, interruptions, errors or other deficiencies in service may occur due to a variety of factors, some of which are outside the control of Gatecoin. These factors can contribute to delays or errors in service or system outages. Verified (Tier 1), Certified (Tier 2) or Corporate Users may experience difficulties in accessing their Gatecoin Account, in withdrawing their fiat currency or Blockchain Assets, and in placing and/or cancelling Orders.
- In no event will we, or our affiliates, be liable to you or others for any damages, direct, indirect, consequential or special, including, without limitation, all losses, costs, expenses, loss of profits, loss of business revenue or failure to realize expected savings arising from or out of the existence, furnishing, or functioning of Gatecoin, or any act or omission in connection with your accessing Gatecoin.
- We are not liable by reason of acting or failing to act due to an error in an Order request actually received by us, or as a result of an Order request not being received by us. We, or our affiliates, are not responsible for any losses, damages or personal injury that any person suffers as a result of you accessing Gatecoin.
- System Disruptions or Malfunctions
- DISCLAIMERS, WARRANTIES AND INDEMNITIES
- Ordinary Care
- You acknowledge and agree that the Gatecoin Parties cannot be held responsible for any failure or delay to act by Gatecoin , our Banks, or any other participant in any transaction within the time limits prescribed by law or permitted by this Agreement that is caused by your negligence.
- Gatecoin also cannot be held responsible for any failure or delay caused by an interruption to one of our communication facilities, suspension of payments by another financial institution or one of our Banks, or in the event of any act, condition or cause beyond our reasonable control, including, but not limited to, flood, extraordinary weather conditions, earthquake or other acts of God, fire, water, war, acts of war, terrorist activities, insurrection, riot, labour dispute or strike, action of government, utility or other service outages or failures, or emergency conditions.
- In addition, the Gatecoin cannot be held responsible for any “System Disruptions or Malfunctions” (as defined in this Agreement) or “System Failure” (defined as a failure of any computer hardware or software used by Gatecoin or any telecommunications lines or devices used by Gatecoin), which prevents us from fulfilling our obligations under this Agreement or other circumstances beyond the control of Gatecoin, provided we exercised reasonable diligence as such circumstances would reasonably require. Accordingly, we shall not bear any liability, whatsoever, for any damage or failure caused by any computer viruses, spyware, worms, Trojan horses, or other malware that may affect computers or other devices, or any spoofing, phishing or any other attack.
- Furthermore, you agree that any act or omission made by Gatecoin or one of our Banks in reliance upon or in accordance with any provision of any rule or regulation of Hong Kong, Hong Kong Customs and Excise or any other regulatory agency having jurisdiction over such party shall constitute ordinary care.
- Legal Costs
- You agree to indemnify Gatecoin for legal costs and expenses directly related to the structuring, support and/or defence of your Gatecoin Account or the assets contained therein, and for costs and expenses related to any regulatory inquiry, legal action, litigation, dispute, or investigation whether such situations occur or are anticipated.
- As a result, we will be entitled to charge your Gatecoin Account for such costs without notice, including legal and enforcement related costs that we incur. Any withholding by us will last for a period of time that is reasonably necessary to resolve any regulatory or legal issue at hand, and we may place any amounts garnered from you in a separate account, and will pay you the remaining balance after any noted issue has been resolved.
- Furthermore, you agree that where such anticipated or actual actions relate to a specific asset in your Gatecoin Account, that asset may not be transferred out of said Gatecoin Account until the matter is resolved. We will provide copies of all invoices on request.
- Recording and Archiving
- You acknowledge and agree that for our mutual protection we may electronically record any of our telephone conversations with you and archive all online transactions, communications and information relating to your User Account and the associated Gatecoin Account and/or your use of Gatecoin.
- Tax Advice and Information
- You acknowledge and agree that Gatecoin does not provide legal, tax or investment advice, and to the extent you deem necessary, you will consult with Verified (Tier 1), Certified (Tier 2) or Corporate professionals in your own jurisdiction prior to using Gatecoin or implementing any financial plan. We will, however, provide each Verified (Tier 1), Certified (Tier 2) or Corporate User who has executed at least one Order on Gatecoin with any necessary forms required by the Internal Revenue Service. Please contact firstname.lastname@example.org if you have any questions.
- Non Solicitation
- All Orders received through Gatecoin will be considered unsolicited, which means that you have NOT received any investment advice from us nor any of our affiliates in connection with any of your Orders, and that we will not conduct a suitability review of any such Orders. You also acknowledge and agree that you have NOT and do not expect to receive any investment advice from us nor any of our affiliates in connection with your Orders. In addition, your review of our Blog and/or FAQ does not constitute any solicitation or investment advice.
- Investment Advice
- 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 Gatecoin be deemed to create a relationship that includes the provision or tendering of investment advice.
- Sophisticated Investing
- You acknowledge and agree that by using Gatecoin and entering Orders, you have sufficient knowledge to make such Orders. You are responsible for making sure that any Orders entered on Gatecoin are accurate and intentional. We may, in some cases, and at our discretion, require secondary electronic, verbal, written or other confirmation before acting if your account activity is outside of your normal range of activities.
- The information and services provided on Gatecoin are not provided to, and may not be used by, any individual or institution in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or regulatory organization or where Gatecoin is not authorized to provide such information or services. Gatecoin may not be available in all jurisdictions.
- Written Notice
- If we send an email to the email address on record with your User Account, this will constitute “written notice” from us to you. If you email us at email@example.com, this will constitute “written notice” from you to us. For all notices made by email, the date of receipt will be considered to be the date of transmission.
- The Gatecoin Parties shall not be liable for any act, omission, error of judgment or loss suffered by you in connection with this Agreement. You acknowledge and agree to indemnify and hold harmless the Gatecoin Parties from or against any or all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses, including reasonable attorneys’ fees, rights, claims, disbursements or actions of any kind and injury (including death) arising out of or relating to your use of Gatecoin or our performance or non- performance of duties.
- Disclaimer of Warranties and Liability
- The Gatecoin Parties are not giving investment advice, tax advice, legal advice, or other professional advice by allowing you to use Gatecoin or providing the services herein, the ability to purchase or sell Blockchain Assets or the storage of Blockchain Assets or fiat currency, and the Gatecoin do not recommend, or endorse that you purchase or sell Blockchain Assets, including bitcoin, ether or any other asset or make any investment. Before engaging in any trading or investment activity, you should consult a Verified (Tier 1), Certified (Tier 2) or Corporate professional.
- THE SERVICES THAT WE PROVIDE THROUGH GATECOIN ARE PROVIDED TO YOU ON A STRICTLY “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS. THE GATECOIN PARTIES DO NOT REPRESENT OR WARRANT TO THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF GATECOIN OR THE INFORMATION CONTAINED THEREIN OR SERVICES CONTAINED THEREON. THE GATECOIN PARTIES SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF GATECOIN OR ANY SERVICES PROVIDED BY THE GATECOIN, INCLUDING ANY LOSS CAUSED IN WHOLE OR PART BY ANY INACCURACIES OR INCOMPLETENESS, DELAYS, INTERRUPTIONS, ERRORS OR OMISSIONS, INCLUDING, BUT NOT LIMITED TO, THOSE ARISING FROM THE NEGLIGENCE OF THE GATECOIN PARTIES OR CONTINGENCIES BEYOND THEIR CONTROL IN PROCURING, COMPILING, INTERPRETING, COMPUTING, REPORTING, OR DELIVERING GATECOIN, THE SERVICES THEREON OR THE INFORMATION THEREIN. IN NO EVENT WILL THE GATECOIN PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON, OR IN CONNECTION WITH YOUR USE OF GATECOIN, THE SERVICES THEREON OR THE INFORMATION THEREIN.
- IN NO EVENT WILL THE GATECOIN BE LIABLE TO YOU, WHETHER IN CONTRACT OR TORT, FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND EVEN IF THE GATECOIN HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER’S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. WE CANNOT AND DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO GATECOIN.
- Legal Process
- We may comply with any writ of attachment, execution, garnishment, tax levy, restraining order, subpoena, warrant or other legal process, which such party reasonably and in good faith believes to be valid. We may, but are not required to, notify you of such process by telephone, electronically or in writing.
- If we are not fully reimbursed for our record research, photocopying and handling costs by the party that served the process, we may charge such costs to your account, in addition to any legal process fees.
- You agree to indemnify, defend and hold the Gatecoin harmless from all actions, claims, liabilities, losses, costs, attorney’s fees, and damages associated with our or their compliance with any process that such party believes reasonably and in good faith to be valid.
- You further agree that we and our financial institutions may honour legal process that is served personally, by mail, or by facsimile transmission at any of our or their respective offices (including locations other than where the funds, records or property sought is held), even if the law requires personal delivery at the office where your Gatecoin records are maintained.
- Disclaimer Regarding Initial Coin Offerings
- NO ADVICE. You agree that Gatecoin will not provide you with any investment or other advice regarding the suitability or of any ICOs or related investment products. You will not solicit or rely upon (if given) any such advice from Gatecoin or any of its employees or agents.
- NO LIABILITY. You agree to make your own judgments and decisions with respect to each ICO or related product independently and without relying on Gatecoin. You assume full responsibility for all your investment decisions and all transactions for your Account. Neither Gatecoin nor any of its employees or agents shall incur any liability in connection therewith.
- NO LIABILITY FOR TECHNICAL ERRORS. You assume responsibility for the technical integrity of the Smart Contract for the ICO token. Gatecoin shall strive to select ICO Projects which have undergone thorough testing by cybersecurity and blockchain experts, however Gatecoin cannot and shall not guarantee the integrity and security of any ICO Token Project. Gatecoin under no circumstance will assume liability or be held responsible for the technical failure of the Smart Contract for the ICO token, which may result in a complete loss of funds and investment.
- Ordinary Care
- ACCOUNT CLOSURE AND SUSPENSION
- Account Closure
- You may close your User Account and/or your Gatecoin Account at any time by providing written notice to us at firstname.lastname@example.org. Closing your User Account and/or Gatecoin Account will not affect any rights and obligations incurred prior to the date of your Gatecoin Account being closed.
- You will be required to either cancel or complete all open Orders and, in accordance with the provisions of this Agreement, provide transfer instructions of where to transfer any fiat currency and/or Blockchain Assets remaining in your Fiat Account or Blockchain Asset Account.
- You are responsible for any Fees, costs, expenses, charges or obligations (including, but not limited to, attorney and court fees or transfer costs of fiat currency or Blockchain Assets) associated with closing your Gatecoin Account. In the event that your account closing costs exceed the value in your Gatecoin Account, you will be responsible for reimbursing us.
- You may not cancel your User Account and/or your Gatecoin Account to avoid paying any fees otherwise due or any examination as part of our AML Policy.
- Account Suspension, Termination and Cancellation
- We may discontinue, terminate, suspend, or change any aspect of Gatecoin, or its availability to you, at any time without notice.
- In addition, we reserve the right to suspend, modify, deactivate or terminate your User Account and the associated Gatecoin Account as well as your access to all or any portion of Gatecoin immediately and without notice if (i) you violate any provision of this Agreement; (ii) we in good faith suspect that your account is in breach of our AML Policy; (iii) we are required to do so by a regulatory authority, court order, facially valid subpoena or binding order of a government authority; (iv) you or your accounts are subject to any pending litigation, investigation or governmental proceeding; or (v) for any other reason that we may reasonably conclude.
- Your right to use Gatecoin is subject to any limits established by us in our sole discretion. If your Gatecoin Account or User Account is closed, a notice of closure shall be sent to the email address on record associated with your Gatecoin Account or User Account, as applicable.
- In addition, if you do not log into your Gatecoin Account or User Account for two (2) years then, Gatecoin may close your Gatecoin Account and User Account.
- Subject to the provisions of this Agreement, you agree, as the owner and/or designated representative of your Gatecoin Account and/or User Account, that if your Gatecoin Account or User Account is closed for any reason and unless otherwise required by law, court order or subpoena, Gatecoin is authorized to either (i) send any remaining Blockchain Assets to a Blockchain Asset address that you provide within forty-eight (48) hours of receiving notice of your Gatecoin Account or User Account being closed or (ii) sell any remaining Blockchain Assets on the open market and deposit the proceeds in the Fiat Account associated with your Gatecoin Account. The total amount of fiat currency in your Fiat Account, less any applicable fees, will be distributed to you via bank wire transfer to the User Bank Account on record for your Gatecoin Account.
- Unclaimed Funds
- In the event that your Gatecoin Account or User Account is closed for any reason, Gatecoin may be required to report any remaining funds in your Fiat Account as well as the H.K. Dollar, U.S. Dollar, Chinese Yuan equivalent of any remaining Blockchain Assets in your Blockchain Asset Account, as unclaimed property.
- If this occurs, Gatecoin will use reasonable efforts to notify you at the email address shown in Gatecoin’s records. If you fail to respond to any such notice within forty-eight (48) hours, or as otherwise required by law, Gatecoin may be required to deliver any such funds to Hong Kong Authorities as unclaimed property. Gatecoin reserves the right to deduct an administrative fee resulting from such unclaimed funds, as permitted by applicable law.
- Account Closure
- MISCELLANEOUS TERMS
- Additional Terms
- The terms set out in this Agreement govern your use of Gatecoin and the services that we provide. By clicking “I AGREE,” you agree to be bound by the terms of this Agreement and acknowledge that you have received the disclosures set forth herein. If you do not agree to the terms of this Agreement, do not click “I AGREE” and please do not visit, access or use Gatecoin or the services that we provide.
- If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.
- This Agreement constitutes the entire agreement between you and the Gatecoin Parties, relating to your use of or participation in Gatecoin and this Agreement supersedes any and all other agreements, oral or in writing, with respect thereto between you and the Gatecoin Parties.
- The failure of any of the Gatecoin Parties to insist upon strict compliance with any term or provision shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision.
- This Agreement shall not be construed to waive rights that cannot be waived under applicable state and federal laws.
- This Agreement, or your rights and obligations hereunder, may not be transferred by you, but may be assigned by us without restriction. Any attempted transfer or assignment by you in violation hereof shall be null and void. This Agreement shall be binding and inure to the benefit of the parties hereto, our successors and permitted assigns.
- In the event that we are acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale or other change of control.
- The provisions of this Agreement shall survive the termination or expiration of this Agreement.
- Jurisdiction and Choice Law
- You agree that your obligations and the obligations of each User set forth in this Agreement are necessary and reasonable in order to protect the Gatecoin and our business. You expressly agree that due to the unique nature of our business, monetary damages would be inadequate to compensate us for any breach by you of your covenants and agreements set forth in this Agreement. Accordingly, you acknowledge and agree that any such violation or threatened violation shall cause irreparable injury to the Gatecoin and that, in addition to any other remedies that may be available, in law, in equity or otherwise, the Gatecoin shall be entitled to obtain injunctive relief against the threatened breach of this Agreement or your continuation of any such breach, without the necessity of proving actual damages.
- This Agreement, your use of Gatecoin, your rights and obligations, and all actions contemplated by, arising out of or related to this Agreement shall be governed by the laws of the Hong Kong Special Administrative Region of the Peoples Republic of China (“Hong Kong SAR”), as if this Agreement are a contract wholly entered into and wholly performed within the Hong Kong SAR.
- Any controversy, claim or dispute arising out of or relating to this Agreement or the breach thereof shall be settled solely and exclusively by binding arbitration held in the Hong Kong International Arbitration Centre (“HKIAC”), administered by HKIAC and conducted in English. You expressly agree that any dispute about the scope of this Agreement to arbitrate and/or the arbitrability of any particular dispute shall be resolved in arbitration in accordance with this section. In the event that you threaten to litigate a dispute in court, we may institute arbitration to enjoin you from filing a complaint or petition in court; provided, however, that any of the Gatecoin Parties may, without inconsistency with this arbitration provision, apply to any court for a preliminary remedy, i.e., equitable or injunctive relief, or to seek enforcement of the arbitral award. You expressly agree that an arbitrator may issue all appropriate declaratory and injunctive relief necessary to ensure the arbitration of disputes. Any such arbitration shall be conducted in accordance with the then prevailing HKIAC Arbitration Rules & Procedures.
- YOU AGREE THAT ALL ORDERS, DEPOSITS, WITHDRAWALS OR SALES ON GATECOIN AND CONTEMPLATED ACCORDING TO THE TERMS OF THIS AGREEMENT SHALL BE DEEMED TO HAVE OCCURRED IN HONG KONG SAR AND BE SUBJECT TO THE INTERNAL LAWS OF HONG KONG SAR WITHOUT REGARD TO ITS CONFLICTS OF LAWS PROVISIONS.
- You agree that this section of this Agreement has been included to rapidly and inexpensively resolve any disputes with respect to the matters described herein, and that this section shall be grounds for dismissal of any court action commenced by you with respect to a dispute arising out of such matters.
- Section headings in this Agreement are for convenience only, and do not govern the meaning or interpretation of any provision of this Agreement.
- Supplemental Terms
- Nothing in this Agreement shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein. Except for the indemnity and exculpation provisions herein, nothing expressed in, mentioned in, or implied from this Agreement is intended or shall be construed to give any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this Agreement to enforce any of its terms which might otherwise be interpreted to confer such rights to such persons, and this Agreement and all representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the exclusive benefit of you and Gatecoin.
- 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 their definitions and interpretations in the English language.
- QUESTIONS AND CONTACTS
- Questions, Feedback and Complaints If you have
any questions or would like more information
about Gatecoin, please feel free to contact
If you need help or would like to contact
us with a complaint, please contact User
Support using one of the following methods:
- Email email@example.com using the email address associated with your User Account;
- Gatecoin 2F Bonham Centre, 79-85 Bonham Strand, Sheung Wan, Hong Kong SAR
- Questions, Feedback and Complaints If you have any questions or would like more information about Gatecoin, please feel free to contact us at firstname.lastname@example.org. If you need help or would like to contact us with a complaint, please contact User Support using one of the following methods:
- Additional Terms