Utopia Compliance
Terms Agreement
User Agreement
This "User Agreement" (hereinafter referred to as the "Agreement") constitutes a legally binding agreement between VN TECH LTD and you (hereinafter referred to as "you" or "User"), and governs your access to the platform and use of services.
Any additional agreements and documents (including but not limited to rate standards, risk disclosures and privacy policies, and any applicable Product Agreement), conditions, limitations, disclaimers, and obligations are incorporated into this Agreement by reference.
You should read this Agreement carefully. By accessing the Platform and/or using the Services, you are deemed to have read and irrevocably agreed to this Agreement. VN TECH LTD may modify and/or supplement this Agreement at any time without notice.
Risk Warning
Trading in digital assets (as defined below) carries high risks and may not be suitable for some investors. Its value may fluctuate dramatically at any time and be affected by external factors such as the market, finance, and politics. Due to unpredictable price changes, you may suffer significant losses in a short period of time, or even lose all your funds. Therefore, before buying, selling, or holding digital assets, you should carefully evaluate their applicability based on your own financial situation.
In some jurisdictions, digital asset-related activities may not be regulated or only subject to limited regulation. Any regulatory policy changes or actions unrelated to VN TECH LTD may have adverse effects on the trading, holding, transfer, and value of digital assets. Some governments may consider your digital asset transactions illegal.
Please read our risk disclosure document to obtain details of the risks that may be faced when accessing the platform or using the service. However, this document cannot cover all latent risks and cannot provide a complete explanation for your specific situation. Before using the platform or related services, you should fully understand the various risks involved.
VN TECH LTD does not assume any fiduciary responsibility or obligation for transactions (as defined below) or related activities conducted by you during the use of the service. We are not your broker, agent, intermediary or advisor, nor do we provide financial, investment or professional advice. Any information or communication provided by us does not constitute investment advice or guidance, nor should it be regarded as any form of advice.
You should be aware that all risks involved in using this service are borne by you. You should independently judge the suitability of the service based on your own investment objectives, financial situation, risk tolerance, and knowledge level, and bear any losses or debts that may arise. We do not recommend buying, holding, selling, or trading any digital assets. Before conducting relevant operations, please conduct due diligence and consult your financial, tax, or other professional advisors if necessary. VN TECH LTD takes reasonable measures to ensure the accuracy of website information. However, we are not responsible for any losses caused by the use or reliance on such information, including but not limited to losses from buying, selling, or holding digital assets.
1.Definition
In this Agreement, unless the context requires otherwise, the following words and expressions shall have the following meanings:
"Account" means any account or sub-account maintained by VN TECH LTD for you.
"Account credentials" refer to your account info, username, password, personal identification number, API Key, API key, or any other code or authentication form you use to access your account/service or send instructions.
"Account History" means a written record of your transactions and your account, including electronic records.
"Airdrop" refers to the digital asset network distributing or attempting to distribute any digital asset to the digital asset address supporting the network.
"API" refers to the Application Programming Interface provided by VN TECH LTD, its affiliates, or third-party apps that rely on the API.
"Applicable Law" means all relevant or applicable statutes, laws, equitable principles, rules, regulations, regulatory principles and requirements, notices, orders, writs, injunctions, judgments, local regulations, rulings, directives, announcements, notices, mandatory codes of conduct, guidelines, practice notes, and interpretations issued by any government or regulatory authority applicable to the provision, receipt, or use of the Services, or any other products or deliverables related to the Services, this Agreement, or other applicable agreements and conditions.
"Authorized Person" means any person identified by you and notified to us who is authorized to act on behalf of the user in connection with any Company Account.
"Available digital assets" refer to digital assets related to services provided on the platform, which may change from time to time.
"VN TECH LTD Intellectual Property" refers to all intellectual property owned by or licensed to VN TECH LTD.
"Enterprise account" refers to an account maintained by VN TECH LTD for the purpose of providing services to a company, entity, or other organization.
"Digital asset" refers to the digital manifestation of value or rights that can be transferred and stored electronically based on distributed ledger technology or similar technologies, including but not limited to cryptocurrency, stablecoins, non-fungible tokens (NFTs), and other tokenized derivatives of digital assets. Digital assets do not include fiat currencies (as defined below).
"Dominant digital asset" refers to the forked digital asset determined by VN TECH LTD itself, which has a dominant position relative to one or more other versions of the digital asset derived from the relevant fork.
"Legal currency" means any national or supranational currency published by any government or central bank that is not a digital asset, or other monetary obligations denominated in such currency.
"Fork" refers to any planned, unplanned, sudden, scheduled, expected, unexpected, public, unknown, consensual, and/or controversial changes to the basic operating rules of certain digital assets that occur from time to time, which will create one or more versions related to existing digital assets.
"Undue intent" refers to VN TECH LTD's reasonable judgment that you may engage in suspected or actual market manipulation and/or market abuse, including but not limited to profiting from the execution price of the transaction that does not match the current market price, or using VN TECH LTD to provide prices for unjust enrichment.
"Instruction" means any instruction, request, or order related to the operation of your account or the execution of any transaction issued by you or an authorized person to VN TECH LTD through the medium, form, and manner that VN TECH LTD may require.
"Intellectual Property" means: (i) registered and unregistered copyrights, patents, database rights and rights to trademarks, designs, know-how and confidential information; (ii) applications for registration of any of the above rights and the right to apply for registration; and (iii) all other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world.
A "network event" related to digital assets refers to any event (excluding airdrops or forks) on the blockchain or smart contract where the digital asset is located, which is beyond our control and causes (a) VN TECH LTD or a third party to lose control or ownership of the virtual asset; or (b) transaction records on the blockchain are tampered with, reversed, or otherwise invalidated, whether through fraudulent behavior or changes in consensus mechanisms, including but not limited to any double-spending attacks, 51% attacks, or blockchain restructuring. VN TECH LTD will judge whether the above situations have occurred based on the principle of good faith.
"Platform" refers to the digital platform that VN TECH LTD or its affiliates may provide to you through websites, mobile applications, APIs, or other means specified by VN TECH LTD or its affiliates from time to time.
"Product Agreement" refers to the specific product agreement and conditions applicable when using the service.
Prohibited countries/regions refer to the following countries/regions and other locations designated by VN TECH LTD from time to time, including Canada, the Netherlands, the US, Cuba, North Korea, Iran, Syria, Crimea, and any non-governmental controlled areas of Ukraine. Users in these countries/regions will not be able to use VN TECH LTD services or will be blocked by VN TECH LTD services. You understand that this will affect your ability to trade on the platform, and/or monitor any existing orders or positions that have not been squared, or otherwise use VN TECH LTD services. You may not attempt to circumvent any such restrictions in any way, including modifying your Internet Protocol address through the use of any virtual private network.
We understand that corporate entities may be associated with the US in various ways. We have established a methodology and process to determine whether a corporate entity is a US user (as defined by applicable US legal frameworks), thereby restricting its access to the platform. The VN TECH LTD compliance team may contact relevant entities to obtain more information and help VN TECH LTD conduct a comprehensive assessment of whether the entity is a US user and can legally trade on the platform.
A "restricted person" is an individual or entity that is included in any trade embargo, economic sanctions list, terrorist list, or list of corrupt foreign officials. For example:
United Nations Security Council sanctions list
Lists issued by government entities, including but not limited to:
The US Treasury's Office of Foreign Assets Control (OFAC) maintains the Specially Designated Nationals List (SDN List).
US Department of Commerce's Denied Persons List (DPL) or Entity List
United Kingdom, European Union, Canada and other countries or regions sanctions list
In addition, individuals or entities whose place of residence, registration, or operation is in a restricted country are also considered restricted persons.
"Risk Disclosure" refers to the risk disclosure statement published by VN TECH LTD on its official website.
"Service" refers to the service that VN TECH LTD provides to you through the Platform.
"Transaction" refers to the sale, purchase or conclusion of, or agreement to sell, purchase or conclusion of, any transaction involving digital assets, derivatives, other assets or products permitted from time to time on the VN TECH LTD Platform, as well as other types of transactions that transfer digital assets into or out of your account.
"User Intellectual Property "refers to the intellectual property owned or licensed to you by you on the effective date of this Agreement, as well as any other intellectual property owned or obtained or licensed to you by you after the effective date of this Agreement, excluding VN TECH LTD Intellectual Property.
"User-Created Intellectual Property" means any intellectual property created by you under this Agreement, including User Materials, but excluding User Intellectual Property.
"User Materials" refers to the intellectual property rights in any comments, posts, information, data, and opinions provided to VN TECH LTD by you or other users through the use of the Services or other means on this website or platform.
"Website" means any other website, webpage, feature or content located www.utopia-fx.com and owned or operated by VN TECH LTD.
2.Eligibility
Before using the service, you must register on the platform. To be eligible to register an account and use the service, you must:
2.1 is an individual, company, or other organization that has all the power and ability to access and use the Services and to enter into and comply with the obligations of this Agreement.
2.2 Individual users must be at least 18 years old.
2.3 If you are an employee or agent of a legal entity and sign this Agreement on its behalf, you must obtain formal authorization as its representative and bind the entity by signing this Agreement.
2.4 has not been suspended or disqualified from using the service.
2.5 currently has no existing account;
2.6 Do not access this service in a jurisdiction that does not allow or restrict the use of this service or where the use of this service constitutes an illegal act.
2.7 is not prohibited, restricted, unauthorized, or disqualified from using the Service (in whole or in part) in any form or by any means as a result of this Agreement, legal or regulatory requirements; or
2.8 is not a restricted person.
3.Services
3.1 Once you open an account with VN TECH LTD, you may use the Services in accordance with this Agreement and the applicable Product Agreement. You acknowledge and agree that some of the Services may be provided by VN TECH LTD's affiliates.
3.2 The platform provides you with the following services (the scope of services may be updated from time to time):
(i)Relevant information disclosed by digital asset projects, including real-time quotes and transaction information.
(ii) Digital asset trading services, etc.
(iii) Customer support;
(iv) Technical and management services to ensure the normal operation of the platform; and
(v) Other services publicly announced by the platform.
3.3 Fiat Currency Services
(i) To avoid confusion, VN TECH LTD does not provide or conduct any exchange services between fiat currencies.
(ii) VN TECH LTD does not provide fiat currency exchange services for cryptocurrency and/or cryptocurrency exchange for fiat currency, but you can use similar services on VN TECH LTD. All fiat currency services provided (whether on VN TECH LTD or redirected to third-party websites) are provided by "fiat currency service providers".
(iii) If you wish to use fiat currency services, you must agree to any agreements and conditions, rules or policies issued by the fiat currency service providers we cooperate with, and provide any information that may be required to use such services. In this regard, all fiat currency services shall comply with the agreements and conditions of our fiat currency service providers.
4.Fees and taxes
4.1 You agree to pay all applicable fees related to your use of the Services, such as the fees specified in the following rate standards or otherwise notified to you in any applicable Product Agreement.
4.2 Any calculation of service-related fees by us is final and binding on you. We will calculate them in good faith based on established methods for the relevant services.
4.3 Fees and Deduction Authorization
You agree and authorize our company to deduct all payable fees, commissions, interest, charges, and other amounts from your account in accordance with this Agreement or any Product Agreement. The specific calculation method is detailed in the rate standard. If the specific digital asset balance in your account is insufficient to repay the outstanding amount, we may deduct an equivalent amount from your other digital assets for repayment. (In this case, we will convert the digital assets you hold into the assets you owe according to the exchange rate currently provided by the platform or other exchange rates we deem commercially reasonable).
If the total amount of your account assets is insufficient, you acknowledge that any payments due under this Agreement will be considered immediately due debts, and the amount and payment form (whether in digital assets or other forms) will be determined by us based on commercially reasonable standards.
4.4 We may adjust fees or rate standards, including adding new fee categories and/or fees. If you do not accept such adjustments, you may cancel your account. Your continued access or use of the service will be deemed to have accepted the updated fees.
4.5 It is your responsibility to determine whether any taxes (if any) are applicable to the amounts paid or received by you, and to settle, declare, and remit the correct taxes to the relevant tax authorities. You agree that VN TECH LTD is not responsible for determining whether you should pay taxes when using the service, nor is it responsible for calculating, declaring, or paying taxes arising from any transaction or use of the service. You are aware that we may report certain transactions on the platform to the tax authorities, and we may, in our sole discretion or as required by applicable law, provide you with additional documents or records necessary to calculate any tax obligations. We may also decide to withhold and deduct any taxes required by applicable law at the source.
5.About your account
Open an account
5.1 In order to access the Platform and use the Services, you must register an account. You can register an account for an individual user or a corporate account for a company, entity or other organization. All accounts are provided by us at our sole discretion. VN TECH LTD reserves the right to refuse any account application without reason.
5.2 Individual users may only use the account for themselves and may not use your account on behalf of any third party. If you are a corporate user, an Authorized Person may only use the account for your benefit and not on behalf of any third party. You may not provide any other party with direct market Right of access to the Platform, including through the use of sub-accounts, unless such other party has completed such authentication as we deem appropriate and has logged into the Platform separately. Any other party that has been authenticated shall be deemed an Authorized Person. You agree to be fully responsible for all activity in your account and to assume all risks and losses that may arise therefrom.
5.3 Before opening an account at VN TECH LTD, you need to comply with our identity verification procedures. We may also ask you to provide us with certain information about yourself and, where relevant, all authorized persons for you to access and use the service. To avoid any doubt, individual users are only allowed to have one account. You agree:
(i) All information you provide must be complete, accurate and true. If the information changes, you must update it in a timely manner.
(ii) You authorize us to conduct such investigations as we deem necessary to verify the identity of you and/or authorized persons, or to protect you and/or us from fraud, money laundering, terrorist financing or other financial crimes, and to take any action we deem necessary based on the results of the investigation.
(iii) When we inquire about information, you are aware and understand that your and any authorized person's personal data may be disclosed to institutions for identity verification, compliance data recording, credit reference, fraud prevention or financial crime prevention, and these institutions may provide a complete response to our inquiry.
(iv) We may also require you to comply with our enhanced due diligence procedures, submit additional information about you, your business, or your authorized person, provide additional records or documents, or meet with our representatives.
(v) We retain your personal data to enable you to continue using our services for as long as required by the Privacy Policy or applicable law, or as required by Anti Money Laundering laws, or for as long as otherwise notified to you.
(vi) You can review our Privacy Policy to learn more about how we handle your personal data.
Account maintenance
5.4 We have the right to request relevant information from you at any time for compliance with applicable laws or to fulfill identity verification obligations, or for detecting and identifying money laundering, terrorist financing, fraud and other financial crimes, or for other legitimate reasons. You agree to provide necessary information as required and allow us to retain all transaction records for the valid period of your account or for the period prescribed by applicable laws to meet compliance requirements or other expected purposes.
5.5 Based on the information collected about you, your account access rights and transaction restrictions applicable to the service may be adjusted at any time. If we have reason to suspect that the information you provide is incorrect, untrue, outdated or incomplete, we may notify you to request correction, deletion of relevant information, or take other measures we deem necessary to ensure the authenticity and accuracy of the information.
5.6 You must comply with any information requests we send you. If you refuse to provide the requested information or fail to provide information in a timely manner, we have the right to immediately suspend or terminate your access to the account or all or part of the service without notice.
5.7 You must ensure that any account registered in your name is not used by anyone other than yourself; if you are a company user, you are an authorized person.
Account info and transaction history
5.8 You can view your account history in your account. All records related to your account or services are for your reference only. Even if there are any contrary provisions in this Agreement, if the information displayed on the platform or provided through the platform is inconsistent with the information in the records we hold, our records shall prevail unless there are obvious errors.
5.9 You are responsible for checking your account history for any errors. If any errors or unauthorized entries or transactions occur, you must report them to us within five natural days from the date of providing you with your account history.
5.10 We may correct any errors in your account history at any time and have the right to revoke, cancel or reverse any transactions that have occurred or are caused by errors, adjust relevant transactions to correct errors, and reserve the right to act on relevant matters if there are reasonable grounds.
5.11 According to this Agreement or applicable law, we may need to share information about your account and account history with third parties and/or our affiliates. You have acknowledged and agreed that we have the right to disclose such information.
Account security
5.12 You are responsible for taking appropriate measures to protect your hardware and data from viruses, malicious software, and any inappropriate materials. Unless otherwise provided by applicable law, you are responsible for backing up and maintaining copies of any information you store or transmit through our services. We are not responsible for any claims or losses arising from your failure to comply with this Agreement.
5.13 You and any authorized person shall at all times fully maintain the security of all account credentials and ensure that you have sufficient control. You and the authorized person are responsible for taking necessary security measures to protect your account and the security of account credentials. You must ensure the security of account credentials and defend against any attacks and unauthorized access. If you have learned or have reason to suspect that the security of your account or email related to your account or authorized person's account or email is threatened, or that your or any authorized person's account or email account is subject to any unauthorized use, you must notify us immediately.
5.14 You must closely monitor your account history and notify us of any unauthorized or suspicious activity on your account as soon as possible.
5.15 If you suspect that there are security bugs, please be sure to notify us immediately and continue to provide us with accurate and up-to-date information throughout the existence of the security bugs. The platform's disabling account function or any other method specified by us from time to time can immediately lock your account. We may reasonably request measures to reduce, manage, or report any security bugs, and you should cooperate with the action. We have the right to request that you immediately provide any and all information and documents that we believe are relevant or necessary for confirmed or suspected security bugs, and you have agreed to cooperate with the action. You have been informed and agreed that we may provide such information to any third party deemed necessary to investigate or resolve security bugs.
Cancellation of accounts
5.16 You may cancel your account at any time in accordance with the account termination procedures we prescribe from time to time. You must pay any outstanding amounts. You authorize us to cancel or suspend any pending transactions when you cancel your account and deduct any outstanding amounts owed to us from your account.
5.17 The following situations may prevent you from canceling your account:
(i) You attempt to evade investigation by the relevant authorities;
(ii) You have pending transactions or claims;
(iii) Your account is in arrears;
(iv) Your account has been frozen, suspended, restricted or suspended;
(v) Other reasons at our discretion.
6.Transactions
6.1 You can transact directly with us or with other users, including transactions facilitated by us and those not facilitated by us. We do not represent or guarantee that all transactions will be successfully completed or completed within a specific time frame.
6.2 You shall be solely responsible for the management and use of your account. Any instructions issued by you or an authorized person shall be deemed valid instructions. Please keep a close eye on your account records and notify us promptly if any unauthorized or suspicious activity is detected. We shall not be liable for claims or losses resulting from transactions executed as a result of unauthorized instructions, including errors, negligence, lapses or fraud, unless it can be proven that the instruction occurred solely as a result of our technical problems.
6.3 To comply with data retention requirements, you agree to allow us (only consent, not mandatory) to retain all transaction records for the intended use or compliance requirements during the valid period of your account or as required by applicable law. Please review our Privacy Policy to understand how we collect, store, and use data related to the platform and services.
6.4 You acknowledge and agree that if you execute any transaction with improper intent and/or erroneously execute any transaction, VN TECH LTD has the right (without payment, penalty, or liability, and provided that the processing measures comply with applicable law) to perform any of the following processing:
(i) Cancel the transaction/declare the transaction invalid and treat the transaction as if it never occurred; or
(ii) revise the price of the transaction to reflect the current market price during the relevant period (determined by our reference to the available sources of Fair Market Price).
You acknowledge and agree that you are solely responsible for any transactions you enter into with any third party that relate to our rights set forth herein or are subject to cancellation/modification in accordance with our rights set forth herein.
Transaction restrictions
6.5 Your account may be restricted due to (i) the amount or volume of your transactions or (ii) the amount or value of digital assets you transfer to or from your account.
6.6 We reserve the right to change any transaction limit applicable to your account at any time in our sole discretion. You can also apply to change the limit. Any changes are at our sole discretion and subject to other conditions we deem necessary.
7.Instructions
7.1 You must ensure that all instructions submitted are complete and accurate. We are not obligated to verify the authenticity, accuracy, or validity of instructions, nor will we monitor or refuse to execute instructions that are repeated or appear to be repeated. However, if we have doubts about the authenticity, accuracy, or validity of instructions, we have the right to refuse or delay execution of the instructions and may request additional information from you.
7.2 Instructions are irrevocable. Once you or an authorized person has submitted an instruction, you have no right to revoke or withdraw the instruction without our written consent. The transmission of the instruction is subject to the receipt of your instruction by our server. Regardless of the purpose, our records of all instructions are conclusive and binding on you.
7.3 When you or an authorized person submits an instruction, you authorize us to execute transactions in your account. Therefore, we have the right to debit or credit digital assets in your account (or provide settlement information to third parties for corresponding operations) based on your instructions. You need to ensure that the balance of digital assets in your account is sufficient. If the balance is insufficient to complete the transaction (i.e. below the amount required to settle the transaction and pay all related fees), we have the right to refuse to execute the transaction. Within the scope permitted by this Agreement, VN TECH LTD may also refuse to execute any instructions.
7.4 You are aware that instructions and information sent on the platform or via email are generally transmitted through the Internet and may be transmitted through public and cross-border facilities that are not specially protected. We cannot guarantee that the instructions and information transmitted are completely free from unauthorized access, and you must accept the relevant risks.
7.5 Subject to compliance with this Agreement and any applicable Product Agreement, and provided that your account balance is sufficient and the relevant digital assets have not been locked due to any service, you may submit a withdrawal request on the Platform, instructing VN TECH LTD to transfer the relevant digital assets to an external wallet address. Upon receipt of the withdrawal request, we will: (i) deduct the corresponding amount from your account balance; (ii) initiate an on-chain transfer to the external wallet address designated by you. If we believe that applicable law restricts the execution of withdrawal requests, we may suspend the processing of the request. In addition, we may also suspend withdrawal services when we deem it necessary to resolve certain events on the Platform. After the relevant events are resolved, we will restore the account withdrawal function.
8.Termination, suspension and restriction
8.1 VN TECH LTD has the right to modify, suspend or terminate any part or function of the service at any time without prior notice to you or with your consent, and without explaining the reasons. Specifically, VN TECH LTD may take the following measures:
(i) Refuse to complete or prohibit, cancel, or revoke transactions authorized by you within the scope of applicable law;
(ii) terminate, suspend or restrict your access to some or all of the Services;
(iii) terminate, suspend, close, freeze or restrict your access to some or all of your accounts;
(iv) Refuse to transmit instructions or information to third parties (including but not limited to third-party wallet operators);
(v) Take any measures deemed necessary and take immediate effect, including but not limited to the following:
1.You are not eligible to use one or more services.
2.We suspect that (a) not you have logged into the account, or the account has been used for illegal, fraudulent, or unauthorized purposes; (b) an unauthorized person has logged into the company account, or the account has been used for illegal, fraudulent, or unauthorized purposes; (c) multiple natural persons have accessed the same account and conducted transactions, or the account has been used for illegal, fraudulent, or unauthorized purposes; (d) the information you provided is incorrect, untrue, outdated, or incomplete.
3.We have reasonable concerns about your reputation or financial situation, including but not limited to:
If you are an individual user, you are bankrupt or incapacitated, or have entered bankruptcy proceedings.
If you are a representative of a partner who has died, gone bankrupt, or is incapacitated, or is in bankruptcy proceedings, or is facing dissolution or change of articles of association litigation;
If you represent the company and the company is unable to repay its due debts or enters bankruptcy, takeover, or similar proceedings;
You convene a creditors' meeting, make compromises or arrangements with creditors, or make transfers related to the interests of creditors.
4.According to Article 5, you are required to submit relevant information or documents.
5.Submit an enhanced due diligence report in accordance with Article 5.3 (iv).
6.We believe that action must be taken as required by applicable law or jurisdiction.
7.We suspect or find that:
You violate this Agreement or any Product Agreement.
You violate any express or implied warranty or fail to comply with any statement.
Unauthorized, erroneous, fraudulent or illegal transactions, or fraudulent, unauthorized or illegal use of your account;
Money laundering, terrorist financing, fraud or other criminal activities related to your account or service use;
8.Your account use is restricted by pending litigation, investigation, judicial, government or regulatory proceedings, or we believe that legal or regulatory risks related to your account activities have increased.
9.You have not paid off your debt to VN TECH LTD, whether for refusal or other reasons.
10.The email sent to you was returned because it could not be delivered.
11.There is a problem with your identity authentication.
12.You have taken actions that circumvent our controls, such as opening multiple accounts without written consent or abusing our organization's activities.
13.There are other legitimate reasons for taking appropriate action.
In addition to the other rights granted by this Agreement, VN TECH LTD may suspend, terminate, and/or replace the Account at any time without prior notice to you if VN TECH LTD deems it necessary or required to comply with applicable law.
8.2 You have acknowledged and agreed to:
(i) The examples of actions we may take to terminate, suspend, close, or restrict your access to your account and/or services listed in Section 8.1 above are for reference only and are not an exhaustive list; and
(ii) We may decide to take certain actions, including but not limited to terminating, suspending, closing, or restricting your access to your account and/or services, based on confidentiality standards that are critical to risk management and security protocols. We are under no obligation to disclose details of our risk management and security protocols to you.
8.3 If we terminate, suspend, freeze or restrict your access to one or more of the Services:
(i) Depending on the circumstances, if you have outstanding instructions, orders, positioning or transactions, you or we may close them;
(ii) any chargeback arising from the use of your account or services may result in the immediate suspension and/or restriction of your account and services;
(iii) If you need to reactivate an account or service that has been suspended and/or restricted, you need to fully reimburse us for the outstanding balance, including any amounts owed and applicable fees (if any); and
(iv) In the event of a chargeback, you are responsible for any amounts received and you authorize and permit us to deduct costs and fees directly from any assets in your account without notice.
8.4 Illegal Possession. If we learn and have reason to believe that any digital assets held in your account are the proceeds of theft or illegally held (whether by mistake or otherwise), we have the right (but not the obligation) to seize the relevant funds and your account. If we detain some or all of the digital assets in your account, or restrict your entire account, we may continue to detain them until we obtain acceptable evidence that you are indeed entitled to the relevant digital assets in your account. We will not intervene in any disputes or disputes related to any digital assets held in your account.
8.5 Access to Other Jurisdictions. Residents of certain countries/regions may only be able to access some, but not all, of the Services. The scope of the Services you can access may change at any time. If you travel to a disabled country/region, the Services may not be available and you may be restricted from accessing the Services. You are aware that this may affect your ability to transact on the Platform and/or monitor any existing orders or outstanding positioning, or otherwise use the Services. You may not attempt to circumvent any such restrictions in any way, including modifying your Internet Protocol address using any virtual private network (VPN).
9.Available digital assets
9.1 VN TECH LTD only provides services for available digital assets. We may remove or suspend one or more available digital assets. We will use reasonable commercial efforts to notify you in advance. Once deleted, you will not be able to access the relevant digital assets through the service and can only withdraw the relevant digital assets from your account. After the specific notice period ends, if there are still unavailable digital assets in your account, VN TECH LTD may reasonably convert the digital assets into other types of stablecoin digital assets at its discretion. VN TECH LTD will notify you in advance before converting assets, and you can withdraw the digital assets within the specified time before conversion.
If you attempt to use your account for digital assets that we do not support, or do not convert related assets to other types of digital assets described in this article, we will not be responsible. If you send unsupported digital assets to your account, or available digital assets to incompatible digital asset wallet addresses, you will lose these digital assets, and we will not be responsible or obligated. For certain lost digital assets, VN TECH LTD may, in its sole discretion, provide you with the option to try to retrieve them. If we attempt to retrieve assets on your behalf, we may charge processing fees. We will calculate all fees at our discretion and inform you of the relevant fees when or before you authorize the attempt to retrieve them. We do not guarantee in any way the amount of assets that may be retrieved (if any). The actual amount recovered may differ from the expected amount. We do not evaluate or provide any guarantees regarding the authenticity, objective security, and security guarantees of unusable digital assets. You are aware and agree that VN TECH LTD is not responsible for any losses incurred during the attempt to retrieve or subsequent use of retrieved digital assets.
9.2 VN TECH LTD may suspend any services related to specific digital assets to determine whether to support blockchain forks. We are not obligated to support forked versions of digital assets held in your account, regardless of whether any version resulting from the fork becomes the dominant digital asset. If we choose to support digital asset forks, official announcements will be made through the website or other means we deem appropriate.
You are aware that we cannot control or influence the creation or implementation of forks. We cannot guarantee the security, functionality, or supply of any digital assets (including new dominant digital assets or other digital assets generated by related forks). You may not be able to trade digital assets after forks on the platform and may lose any value associated with related digital assets.
9.3 VN TECH LTD does not promise, guarantee, or guarantee the results of potential or proposed forks, digital assets after forks, or airdrops, or support for them. VN TECH LTD may decide whether to declare, launch, or distribute any airdrops, digital assets after forks, or any other digital assets, as well as the agreements and conditions (including eligibility criteria) applicable to the declaration, launch, or distribution of any airdrops or digital assets after forks. If you want to participate in forks or airdrops, please withdraw affected digital assets to your own private wallet before potential or proposed forks or airdrops.
9.4 We may from time to time support digital assets ("Asset-Backed Digital Assets") that are purportedly backed by or otherwise linked to the value of another asset (including but not limited to digital assets or commodities such as silver, gold, etc.). You acknowledge and agree that: (i) you have read, are aware of, and accept all agreements, conditions, and associated risks of the Asset-Backed Digital Assets prior to any transaction related to the Asset-Backed Digital Assets; (ii) VN TECH LTD is not obligated to purchase, repurchase, or assist in the redemption of the Asset-Backed Digital Assets owned by you under any circumstances. VN TECH LTD reserves the right to change, suspend, or terminate any services related to any Asset-Backed Digital Assets at any time. We make no representations as to whether any particular asset-backed digital asset holds its value relative to any asset, or as to the quantity or quality of reserves or collateral held by each publisher or any third party in respect of any asset-backed digital asset.
10.Intellectual property
10.1 VN TECH LTD Intellectual Property. VN TECH LTD Intellectual Property remains the property of VN TECH LTD. VN TECH LTD hereby grants you a non-exclusive license for the valid period of this Agreement or until we suspend or terminate your access to the Services, whichever is earlier. You may only use VN TECH LTD Intellectual Property (excluding trademarks) for personal non-commercial or internal business purposes in accordance with this Agreement to obtain the Services.
10.2 User Intellectual Property. You hereby grant us a perpetual, irrevocable, royalty-free, worldwide non-exclusive license to use your User Intellectual Property, provided that the right: (i) constitutes or is related to the use of the User-created Intellectual Property; and (ii) is necessary for us to provide services. The license you grant under this Agreement includes our right to sublicense the license to third parties, provided that such sublicense is necessary for us or any of our affiliates to provide services to you.
10.3 Intellectual Property Rights Created by Users. Intellectual Property Rights Created by Users shall automatically vest in VN TECH LTD as of the date of their creation. You hereby transfer to us (and agree to ensure that any agent, representative or contractor transfers) and provide full warranty of title, transferring all existing and future rights and interests in such User-Created Intellectual Property Rights. If requested, you shall (and agree to ensure that any agent, representative or contractor shall) sign and/or ensure that all documentation we may require becomes effective without compensation and take all actions we may require to perfect the transfer under this Agreement.
10.4 User Materials. You acknowledge and agree that: (i) we are not responsible for any user materials provided on the platform or website (whether provided by you or a third party); (ii) the use of such user materials is at your own risk, and we do not provide any relevant guarantees.
10.5 Our Rights to User Materials. For whatever reason, we have the right, in our sole discretion, to remove, modify or reject any Content (including any User Materials) that you submit, post or display on the Platform or Site. We reserve the right to take any action we deem appropriate on our own, including issuing you a written warning, deleting any User Materials, pursuing damages or other financial compensation from you, freezing or terminating your account (if any), or suspending your access to the Platform and/or Site. We also have the right to restrict or prohibit your future use of any and all Services.
11.Prohibited uses
11.1 When opening an account or conducting any transaction, and without affecting any other restrictions set forth in this Agreement, you agree that you and any authorized person shall not:
(i) violate this Agreement or any agreement entered into under this Agreement, including but not limited to any Product Agreement;
(ii) Use the Services for resale or commercial purposes, including conducting transactions on behalf of other individuals or entities, unless we expressly agree in writing;
(iii) Regardless of whether the applicable law prohibits it or not, we determine that the use of the service constitutes market manipulation, including but not limited to scams such as raising shipments, brushing orders, self-trading, preemptive trading, filling quotes, false declarations or stacking orders.
(iv) engage in fraudulent activities, or we suspect that you or any authorized user are engaging in fraudulent activities and/or transactions;
(v) Use the Services to conduct or participate in sweepstakes, gambling, penny auctions, sports predictions or odds calculations, virtual sports leagues with cash rewards, online gambling, competitions, sweepstakes or speculative games;
(vi) (a) Obtain funds from VN TECH LTD and other users simultaneously or attempt to obtain funds simultaneously for the same transaction during the claims process; (b) Conduct business or use services in a way that may cause us, other users, third parties, or you to bear complaints, disputes, claims, refunds, chargebacks, fees, fines, or other liabilities; (c) Allow your account to hold negative values or negative amounts of digital assets;
(vii) provide false, inaccurate or misleading information in connection with the use of the Services, communication with us, or otherwise in connection with this Agreement;
(viii) Purchase or sell identity verification (KYC) information in any form. VN TECH LTD is not responsible for
Any account or asset ownership dispute or problem caused by violation of this sub-agreement shall bear any loss or responsibility. If any violation of this sub-agreement occurs, VN TECH LTD has the right to immediately freeze or terminate your account.
(ix) (a) using any deep link, web crawler, robot, spider, or other automated device, program, script, algorithm, or method, or similar or equivalent manual operation to access, obtain, copy, or monitor any part of the platform, or in any way copy or bypass the navigation structure or presentation of the service, to obtain or attempt to obtain any material, file, or information that is not intentionally provided through the service; (b) attempting unauthorized access to any part or function of the platform, or connecting to any server or service provided by the party through hacking, password cracking, or any other illegal or prohibited means; (c) probing, scanning, or testing vulnerabilities in the service or any network connected to the platform, or violating the service or any system or network related to the service Security or identity verification measures for any connected network; (d) reverse finding, tracking, or attempting to trace any information of other users or visitors to the service; (e) taking any action that causes unreasonable or disproportionate loads on the system infrastructure or network of the service or VN TECH LTD, or any system or network connected to the service; (f) using any equipment, software, or routine program to interfere with the normal operation of the service or any transaction, or interfere with the normal use of other users; (g) forging headers, impersonating, or otherwise manipulating identity to conceal your identity or the source of any messages or transmissions you send to us.
Modify or adapt all or any part of the platform, or combine or merge the platform with other programs or applications.
(xi) disassemble, decompile, reverse engineer or otherwise attempt to derive the source code, object code, underlying concepts, ideas and algorithms of the Platform or any component thereof;
(xii) modify, reproduce, copy, download, store, further transmit, distribute, transfer, disassemble, transmit, publish, delete or change any copyright notice or label, or license, sublicense, sell, mirroring, design, rent, lease, label, create derivative works, or otherwise exploit VN TECH LTD intellectual property or any part thereof;
(xiii) Disseminate any computer programming program that may damage, maliciously interfere with, secretly intercept, or illegally occupy systems, data, or information related to the service;
(xiv) (a) using anonymous proxies; (b) using any temporary, one-time, self-destruct, or similar email address when opening an account and/or using the service; (c) using any device, software, or program to bypass our robot exclusion header, or interfering with or attempting to interfere with our website or service; (d) taking any action that may cause us to lose the service provided by the Internet Service Provider or other provider;
(xv) create or purport to create any security interest in digital assets in your account without our prior written consent;
(xvi) violate or attempt to violate (a) any applicable law; or (b) the copyright, patent, trademark, trade secret or other intellectual property rights, or publicity or privacy rights of VN TECH LTD or any third party; and/or
(xvii) directly or indirectly accessing, using, or attempting to access or use VN TECH LTD's services, involving the following situations: (1) jurisdictions identified by VN TECH LTD as having high risk, including but not limited to prohibited countries or regions; (2) individuals identified by VN TECH LTD as having high risk, including but not limited to individuals or entities listed as restricted persons or entities on any list maintained by the US, United Kingdom, European Union, or United Nations, including individuals or entities on the sanctions list maintained by the US Department of Treasury's Office of Foreign Assets Control (OFAC) or the Denied Persons List or Entity List maintained by the US Department of Commerce. Any changes to your place of residence or applicable laws may result in you violating any legal or regulatory requirements of the applicable jurisdiction. You are responsible for ensuring that any transactions are legal and that your place of residence and circumstances remain in compliance with applicable laws.
12.Statements and warranties
12.1 You hereby declare and warrant to us (and continue to be valid):
(i) All documents and information you provide to us are true, accurate, complete, and up-to-date in all respects, and we may use these documents and information to determine whether you are eligible to access the platform or use the service;
(ii) All decisions related to this Agreement are based solely on your own judgment and are based on your financial resources, ability and willingness to assume related risks, and financial goals.
(iii) You have sufficient power, authorization, and ability (a) to access and use the Platform and/or Services; and (b) to sign and perform this Agreement and any obligations under this Agreement or related agreements, including but not limited to any Product Agreement;
(iv) If you are a partner of a company, partnership, or trustee of a trust:
1.The company, cooperative enterprise, or trust will comply with applicable laws and comply with any partnership or trust deed (or similar document).
2.If any director, partner, trustee, property grantor or ultimate beneficial owner or any person authorized to operate your account changes due to resignation, removal, appointment or death, you should notify us immediately; and
3.If the company, cooperative enterprise or trust is voluntarily or involuntarily dissolved, you will immediately notify us.
(v)All third-party consents, licenses, authorizations, approvals, and agreements, as well as all authorizations, approvals, permits, consents, registrations, declarations, filings, etc. required by regulatory agencies, government departments, committees, institutions, or other organizations with jurisdiction over you, have been unconditionally obtained in writing and have been disclosed to us in writing, and have not been revoked or modified. These approvals and consents are for (a) accessing and using the platform and/or services; and (b) signing and performing this Agreement and any agreements entered into or related to this Agreement.
(vi) This Agreement and any obligations under this Agreement or related agreements constitute valid and legally binding obligations and may be enforced against you in accordance with their respective agreements;
(vii) You are not a restricted person.
(viii) If you are a legal entity, you have been duly registered, formally organized, and validly existing under the laws of your jurisdiction, and are fully capable of conducting business. If you are an individual, you are not less than 18 years old; and
(ix) When you access and use the Platform and/or Services, perform and execute this Agreement and any agreements entered into pursuant to this Agreement, and perform obligations related to this Agreement, you will not:
1.If you are a legal entity, partner of a partnership, or trustee of a trust, any agreement that violates or conflicts with your articles of association, articles of association, partnership agreement, trust deed, or other equivalent constitutive documents;
2.Resulting in or constituting a breach of any instrument, agreement, document or undertaking to which you are a party or to which you or any of your property is bound or restricted; and
3.Causing you, us, or any third party to violate any applicable law, any court decision, arbitrator award, or judgment of any government or regulatory authority in any jurisdiction.
13.Disclaimer
13.1 No Disclaimer or Warranty. To the fullest extent permitted by applicable law, the services and information provided on the Site and Platform are provided on an "AS IS" and "AS AVAILABLE" basis without making any representations or warranties of any kind, express or implied. We disclaim any implied warranties of title, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, and/or NON-INFRINGEMENT. We make no representations or warranties that access to the Site, the Platform, your account, the Services, or any material contained therein will be continuous, uninterrupted, timely, or error-free. This may result in the inability to transact on the Platform for a period of time and may result in Time La
13.2 Termination of Access. VN TECH LTD may suspend access to your account and/or services from time to time or on an emergency basis for maintenance. We will use reasonable efforts to ensure timely processing of transactions on the platform, but we make no representations or warranties as to the time required to complete processing, as this depends on many factors beyond our control.
13.3 Content. Although we make reasonable efforts to update the information on the website and platform, we make no express or implied representations, warranties or warranties as to the accuracy, completeness or timeliness of the content on the website and platform (including information related to the service).
13.4 Third-party websites. For convenience, you may access or link to third-party websites (including but not limited to content, materials, and/or information on third-party websites) from this website and/or platform. You acknowledge and agree that we are not responsible for any aspect of any content, materials, information, or services contained therein.
13.5 Network Access and Hardware. You are responsible for obtaining network access to the data necessary to use the Services. You should obtain and update compatible hardware or equipment necessary to use the Services. You acknowledge that we expressly disclaim any warranty that the Services or any part thereof will function on any particular hardware or device. Although we will use our best efforts to provide the Services, you acknowledge that the Services may be affected by inherent failures and delays in the Internet and electronic communications that are beyond our reasonable control.
14.Significant interests and conflicts
14.1 You are aware that VN TECH LTD is involved in activities related to digital assets.
14.2 You acknowledge and agree that, except as expressly set out in this Agreement, neither your relationship with us, any services or any other matter shall give rise to any legal, equitable or fiduciary liability on the part of us or any of our affiliates. In particular, we may act from time to time in a variety of capacities and in those capacities we may collect fees or commissions from multiple users. You agree that we may act in the above capacity and provide any other services or conduct any business for you, any of our affiliates or any other user.
14.3 You acknowledge and agree that neither we nor any of our affiliates need to (i) consider any information that we or any of our affiliates know is of material interest; (ii) disclose any such information to you; or (iii) use any such information for your benefit. You also acknowledge that we may obtain general market information from time to time in the course of providing services and may use this information in the normal course of business.
14.4 We have established and maintain effective organizational and administrative arrangements designed to take all appropriate measures to identify and manage conflicts of interest between us and users and relevant third parties, so as to prevent conflicts of interest from adversely affecting the interests of users. Where such organizational and administrative arrangements are insufficient to ensure the prevention of risks of harm to your interests, we will inform you of the nature and/or source of the relevant conflicts of interest and the measures taken to mitigate these risks, so that you can make an informed decision about whether to continue trading with us. We always reserve the right to refuse to provide services to you if conflicts of interest cannot be otherwise managed.
15.Compensation
15.1 Third Party Claims. You hereby undertake and agree to provide full compensation and hold us harmless from any and all claims, lawsuits, actions, demands, disputes, allegations, or investigations made by any third party, government entity, or industry body, as well as all claims, liabilities, damages (actual and indirect), losses (including any direct, indirect, or consequential losses, loss of profits, loss of reputation), costs, and expenses, including but not limited to all interest, penalties, and reasonable legal and other attorney fees and other professional fees ("Losses"). These losses arise from or in connection with the following matters:
(i) your access to or use of your account and/or services;
(ii) You violate or are accused of violating this Agreement, including any applicable Product Agreement and any other agreements and conditions incorporated by reference;
(iii) you violate any applicable law; and
(iv) Infringement of the rights of any third party.
15.2 Release. You hereby irrevocably and unconditionally agree to release us from any and all claims and demands (and waive any rights you may have against us now or in the future in connection with any losses you may suffer or incur), which are directly or indirectly related to disputes arising from or between you and any other user or third party regarding the Services or this Agreement.
16.Responsibility
16.1 Our Liability. Unless the loss is directly caused by VN TECH LTD's gross negligence, intentional misconduct, actual fraud, or substantial and continuing breach of this Agreement, VN TECH LTD shall not be liable or liable for any loss suffered by you or any third party. Without affecting the foregoing, although there are any other agreements in this Agreement, VN TECH LTD and its affiliates shall not be liable to you for more than the total cost paid to VN TECH LTD by you within three (3) months prior to the occurrence of the loss event. This amount will be the full and final settlement and settlement of any and all losses and claims (arising in any event) caused by us and any of our affiliates in relation to the relevant event. You acknowledge and agree that neither VN TECH LTD nor any of its affiliates is aware of any special circumstances relating to you, and that you are aware that damages are an adequate remedy and that you are not entitled to any other claims or remedies at law or in equity, including but not limited to any claims in rem, injunctions and/or specific performance.
16.2 Limitation of Liability. Notwithstanding any other agreement in this Agreement, you hereby acknowledge and agree that under no circumstances shall VN TECH LTD or any of its affiliates be liable or liable to you or any other person or entity for the following:
(i) any direct or indirect loss (including loss of profits, loss of business or loss of opportunity), damage or expense, whether arising out of the Services or otherwise, including but not limited to:
1.Any risks listed in any risk disclosure will be updated from time to time.
2.The operation, functionality, security, or availability of any underlying protocol for digital assets.
3.Whether asset-backed digital assets can maintain their value relative to any assets, or whether their publishers hold sufficient reserves for asset-backed digital assets.
4.Any act or omission taken in accordance with this Agreement;
5.Any inaccuracies, omissions, or omissions in digital asset price data, any errors or delays in the transmission of such data, and any interruptions in such data.
6.Regular or irregular maintenance by VN TECH LTD, including any service interruptions and changes caused by such maintenance.
7.Devices that can access and use the service have been stolen.
8.Any damage caused by the actions, inactions, or violations of this Agreement by other users, as well as the actions of any other third party.
9.(1) any damage or interruption caused by any computer virus, spyware, or other malicious software that may affect your computer or other device, or any phishing, counterfeiting, or other attack; (2) any failure, damage, or destruction of your hardware for any reason, or any damage or loss of records or data stored on your hardware; or (3) any technical problem, system failure, functional failure, communication line failure, network congestion or frequent requests, related issues, security bugs, or any similar technical problem or defect that you encounter when using the Internet connection service;
10.Our decision to reject your account opening application.
11.Terminate, suspend, withhold, or restrict access to any account or service under this Agreement or any applicable Product Agreement, including the inability to withdraw digital assets, issue instructions, or conduct transactions during the suspension, withholding, or restriction period.
12.Any transaction limits applicable to your account;
13.We support or do not support certain digital assets.
14.VN TECH LTD cannot contact you through the contact information you provided.
15.VN TECH LTD is canceling a dormant account.
16.Transaction failure or exceeding the time required to complete any transaction.
17.We refuse or delay the execution of any instructions.
18.Any security bugs in your email account;
19.Your losses due to third-party actions (including third-party fraud or fraud involving VN TECH LTD only as the recipient of your digital assets);
20.Losses suffered by you in response to your request to transfer digital assets out of this platform.
21.Any losses arising out of or in connection with new offerings of digital assets, initial coin offerings (ICOs), or decisions to list or not list digital assets on the platform;
22.Network events, forks, or airdrops.
23.The correctness, quality, accuracy, security, completeness, reliability, performance, timeliness, pricing, or continued availability of the Services, or delays or omissions in the Services, or any connection or communication service that fails to provide or maintain your access to the Services, or your access is interfered with or interrupted, or any incorrect communication between us, regardless of the cause; and
24.Any transaction, instruction or operation that you conduct or purport to conduct through your email account or account;
(ii) any loss of business, profits, expected savings, or opportunities, or any special, punitive, aggravating, incidental, indirect, or consequential loss or damage, whether or not caused by or related to this website, platform, your account, service, this Agreement, Product Agreement, Privacy Statement, and/or any agreement entered into under this Agreement or other agreements;
(iii) any loss or damage that you may suffer as a result of apparent errors and/or market volatility and/or cancellation/modification of any transaction, regardless of whether it is direct or indirect, special or consequential, including but not limited to loss of profits and opportunity, even if VN TECH LTD is aware that such loss or damage may occur or such loss or damage is reasonably foreseeable; and/or
(iv) Participate in any loss that constitutes a claim but has not been brought by formal legal action within one (1) calendar year after the commencement of the matter giving rise to the claim. You agree and acknowledge that this Agreement may vary any statute of limitations applicable by law and, if prohibited by applicable law, this Agreement shall be deemed to have a minimum enforceable time limit. Without prejudice to the generality of the foregoing, you agree that claims shall be resolved exclusively by binding arbitration.
16.3 Damage or Interruption. VN TECH LTD shall not be liable for any damage or interruption caused by any computer virus, spyware, spoofing software, Trojan horse, worm or other malicious software that may affect your computer or other device, or any phishing, spoofing or other attack. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks. You should exercise caution when viewing information claiming to be from us. You and the authorized person are responsible for the proper custody of all account credentials at all times.
17.Agreement Amendment
17.1 VN TECH LTD may revise this Agreement and any agreements and conditions incorporated by reference (including any Product Agreement) at any time, and your continued use of the Service constitutes your agreement to such revisions. Changes to this Agreement will be posted on this website and may also be notified to users by email, application, or other means determined by VN TECH LTD.
17.2 VN TECH LTD will try to notify users before the revision of the agreement takes effect. However, we may sometimes need to make changes that take effect immediately, in which case we will notify users as soon as possible after the changes take effect. The revisions that can take effect immediately include but are not limited to: (i) revisions to legal and/or regulatory requirements; or (ii) revisions to make this Agreement clearer.
17.3 Except where the revision takes effect immediately, any updates to this Agreement will take effect after notifying the user. If you do not wish to accept the changes, you may cancel your account in accordance with the provisions of this Agreement. Your continued access to or use of any service will be deemed to have accepted the updated Agreement.
18.Governing law and dispute resolution
18.1 Governing Law. Unless otherwise provided by applicable law or provided to you with other options, this Agreement shall be governed by and construed in accordance with the laws of Hong Kong.
18.2 Notice of Claim. To the extent permitted by law, you agree to waive your right to a jury trial and your right to resolve any dispute arising out of or in connection with this Agreement in court. For any dispute or claim you have against VN TECH LTD, or in any way related to this Agreement, you agree to first contact VN TECH LTD and attempt to informally resolve the claim by sending a written notice of claim ("Notice") to our email "support@VN TECH LTD.com".
The notice must:
(i) including your name, residential address, email address and telephone number;
(ii) describe the nature and basis of the claim; and
(iii) Explain the specific assistance sought.
If you and VN TECH LTD are unable to reach an agreement to resolve the claim within 30 days of receiving such notice, either party may submit the dispute to the binding arbitrator set forth below for arbitration.
18.3 Dispute Resolution. Any dispute, controversy, disagreement, or claim between you and VN TECH LTD (and/or any of its affiliates) arising from the following matters shall be submitted to and ultimately resolved by arbitration through the Hong Kong International Arbitration Centre ("HKIAC") in accordance with the HKIAC Arbitration Rules in effect at the time of the commencement of arbitration: (a) this Agreement or any Product Agreement, including its existence, validity, subject matter, interpretation, performance, breach, negotiation, termination, Feasibility, or invalidity; (b) your relationship as a user with VN TECH LTD (and/or any of its affiliates) (whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claim is made during or after the commencement of this Agreement); and ( Any disputes regarding non-contractual obligations related to this Agreement, any Product Agreement, or your relationship with VN TECH LTD (and/or any of its affiliates). The arbitration award is final and binding. The arbitration agreement provided for in this Agreement shall continue to be valid after the termination of this Agreement.
You and we agree that:
(i) The law applicable to this Agreement is Hong Kong law;
(ii) the place of arbitration is Hong Kong;
(iii) The arbitration proceedings will be conducted in English.
(iv) Unless otherwise agreed between you and us, the number of arbitrators shall be one, and the arbitrator must have relevant legal and technical expertise;
(v) If you and we do not agree on the appointment of an arbitrator within 15 working days after the dispute enters arbitration proceedings, the arbitrator shall be appointed by the Hong Kong International Arbitration Centre;
(vi) Arbitrators may only conduct individual arbitrations and may not:
1.Merge claims from multiple individuals.
2.Preside over any type of class or representative litigation; and
3.Presiding over any litigation involving more than one individual.
Any claim initiated by or related to this Agreement must be initiated strictly within one year after the claim occurs, otherwise the statute of limitations for claims will expire and cannot be revoked. The expiration of the statute of limitations for claims means that there is no longer any legal right to assert such claims, nor any formal legal action.
Notwithstanding other provisions of this Agreement, you agree that we have the right to apply for injunctive relief (or equivalent type of emergency legal relief) or equitable relief in any jurisdiction.
You agree that any dispute arising out of or in connection with this Agreement of Use:
(i) only relevant to you and VN TECH LTD; and
(ii) will be resolved only through individual litigation and will not be brought as a class arbitration, class action, or any other type of representative action.
If any part of this Agreement is found to be unenforceable or illegal for any reason:
(i) Only unenforceable or illegal agreement content should be trimmed/deleted.
(ii) The cutting of unenforceable or illegal content of the agreement has no effect on the remaining parts of this agreement or the ability of the parties to arbitrate any remaining claims under this agreement; and
(iii) If any claim must therefore be pursued in a collective, joint, consolidated, or representative manner, such claims must be litigated in a civil court of competent jurisdiction rather than through arbitration, and the parties agree to suspend litigation for such claims during the period in which the outcome of any individual claim in arbitration is pending.
18.4 Confidentiality. Both parties agree that the arbitration shall be kept confidential. The existence of the arbitration, the existence or content of the claim, all documents and information provided or exchanged in connection with the arbitration, and any submissions, orders or awards made in the arbitration shall be kept confidential. Except for the arbitral tribunal, the Hong Kong International Arbitration Centre, the parties, their lawyers, experts, witnesses, accountants and auditors, insurers and reinsurers, and any other persons necessary for the conduct of the arbitration, no party shall disclose any of the above to any third party. Despite the above provisions, a party may disclose such confidential information in the following circumstances:
(i) After obtaining the written consent of the other party;
(ii) To the extent required by applicable law or regulations of any competent regulatory or supervisory authority, the Party is or may be bound by it, or is or may be bound by any order of a competent court or other authorized authority or tribunal;
(iii) in connection with any lawful legal proceedings initiated, conducted or defended by a party for the purpose of enforcing or challenging any award of arbitration; and
(iv) Confidential information has entered the public domain without violating this Agreement.
The confidentiality obligations in this Agreement shall continue to be effective after the termination of this Agreement and the conclusion or suspension of any arbitration initiated under this Agreement.
19.Other matters
19.1 Independent Party: VN TECH LTD is an independent contractor and not your agent in fulfilling these Terms of Service. These Terms of Service should not be construed as evidence of association, joint venture, partnership or concession between the parties.
19.2 Complete Agreement: These User Terms of Service constitute the complete agreement between the parties regarding the use of the Service and supersede all prior written or oral agreements between the parties. Trade practices, other common usage, or transaction methods between the parties may not be used to modify, interpret, supplement, or change the content of these terms.
19.3 Force Majeure: VN TECH LTD is not responsible for any delay or failure to comply with the requirements of these User Terms of Service due to reasons or conditions beyond VN TECH LTD's reasonable control.
19.4 Severability Terms: If any part of these User Terms of Service is deemed invalid or unenforceable, it will not affect the other terms of these User Terms of Service, which will remain in full force and effect, and the invalid or unenforceable part will be dealt with to the fullest extent possible.
19.5 Transfer: Without our prior written consent, you may not transfer or assign any right to use the Services or any of your rights or obligations under these User Terms of Service, including through legal implementation or in connection with changes in control. VN TECH LTD may transfer or assign all or part of its rights or obligations under these User Terms of Service without notice or your consent and approval.
19.6 Waiver: Failure of one party to demand performance of any provision shall not affect the right of that party to demand performance in the future. At the same time, waiver of prosecution for violation of these User Terms of Service or the provisions of these applicable terms does not constitute a waiver of subsequent violations or breaches, nor does it constitute a waiver of the terms themselves.
19.7 Third-party website disclaimer: Any links to third-party websites in this service do not imply VN TECH LTD's endorsement of any products, services, or information provided by them, and VN TECH LTD does not guarantee the accuracy of the information contained therein. In addition, since VN TECH LTD cannot control the Terms of Service or privacy practices of third-party websites, you should carefully read and understand these policies.
19.8 Contact Details: For more information about VN TECH LTD, you can refer to the Company and Licensing Information on the Website. If you have any questions about this Agreement, please feel free to contact VN TECH LTD to request clarification through our Customer Support Team, https://www.utopia-fx.com/