Last revised: 13 February, 2019
UKDE Limited (referred to as 'us', 'our', 'we') is a company incorporated under the laws of England and Wales (company registration number 11313452) and whose registered address is at 30 Portland Place, London, W1B 1L2. UKDE operates a website, UKEX.com (referred to as 'UKEX', 'us', 'our', 'we') which is a platform dedicated to facilitating transactions in Digital Assets and the provision of related services. UKEX is a trading name for the Exchange and related services provided by UKDE Limited.
All persons or other subjects who log onto the Website shall be users of the Website ('you', 'your').
This Agreement sets out the terms on which we provide the Exchange and other Services. This Agreement applies to all Transaction Instructions made via the Website.
Please carefully review and consider the terms of this Agreement and make sure that you understand them before using the Exchange or other Services. If you do not agree to the terms of this Agreement, you must immediately stop using the Exchange and other Services and must not submit a Transaction Instruction.
You are reminded that:
- The Digital Assets are new and unconfirmed technologies, and will not necessarily expand in usage.
- Digital Assets are primarily used by speculators, and are used relatively less frequently in retail and commercial markets. Transactions relating to Digital Assets are highly risky, due to the fact that they are traded throughout 24-hour a day, without limits on the rise or fall in price, and market makers and global government policies may cause major fluctuations in their prices.
- Transactions relating to Digital Assets may be suspended or prohibited at any time due to the enactment or modification of national laws, regulations and regulatory documents.
- As such, the trading of Digital Assets are not suitable for the vast majority of people. You acknowledge and understand that investment in Digital Assets may result in partial or total loss of your investment and therefore you are advised to decide how much you can afford to lose before investing in Digital Assets. You acknowledge and understand that digital assets may generate derivative risks Therefore you are advised to seek assistance from a financial adviser and to carefully consider your financial position and the abovementioned risks before making any decisions on buying or selling Digital Assets.
- All opinions, information, discussions, analyses, prices, advice and other information on the Website do not constitute any investment advice. We do not bear any loss arising directly or indirectly from reliance on the abovementioned information, including but not limited to, any loss of profits.
- Any and all losses arising therefrom will be borne by you and we shall not be held liable in any manner for such losses. It shall be solely your obligation to carefully assess the authenticity, legality and validity of relevant Digital Assets and/or information.
The following terms shall have the following meanings in this Agreement:
1.1"Applicable Laws" means all the laws of England and Wales and the European Union and any other laws or regulations, regulatory policies, guidelines or industry codes which apply to the provision of the Services. This includes, in particular, The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017.
1.2"Approved Pairing" means a combination, as approved by us from time to time, of a Digital Asset and either another Digital Asset or a Currency, with a price at which that Digital Asset may be bought or sold.
1.3"Contis" means Contis Financial Services Ltd (Company Registration Number: 06085862), an electronic money institution authorised by the Financial Conduct Authority whose registered address is at Navigation House, Belmont Wharf, Skipton, North Yorkshire, BD23 1RL.
1.4"UKEX Card Account" means Contis account, the electronic money account operated by Contis which is connected to your Cryptowallet.
1.5"Cryptowallet" means the electronic account, accessible through the Website, which allows you to store Digital Assets with us.
1.6"Currency" means the traditional currencies which are approved for use on the Exchange.
1.7"Cryptowallet Service" means the service that we provide to you which allows you to use the Cryptowallet.
1.8"Digital Assets"(including digital currency, cryptocurrency, virtual currency, virtual commodity, such as Bitcoin etc.) means those cryptoassets which we allow to be traded on the Exchange, as are listed on the Website from time to time.
1.9"Exchange" means the exchange which is provided through the Website and which allows you to make Transactions in respect of Digital Assets.
1.10"Exchange Service" means the service which we provide that allows you to make Transactions on the Exchange (and other activities ancillary to the making of such Transactions).
1.11"Excluded Purposes" means, in relation to the Services, any of the following purposes:
1.11.1paying for, supporting, or otherwise engaging in any gambling activities;
1.11.2violation of public interest or public ethics;
1.11.3for the evasion of payable taxes or other financial responsibilities;
1.11.4for any malicious purposes, including using a device, software or subroutine to interfere with the Services or the Website, overloading our or anyone else's network equipment with unreasonable data requests or executing malicious Transactions; or
1.11.5commercial purposes which are competitive to the Services or our business or which would otherwise be detrimental or prejudicial to our interests.
1.12"Member" means any person who is registered with an Account, in accordance with the terms of this Agreement.
1.13"Registration Data" has the meaning given to it in clause 3.1.
1.14"Services" means any service provided by us to you under the terms of this Agreement, including the Exchange Service and Cryptowallet Service.
1.15"Transaction" means a transaction by you with another user, under which Digital Assets are purchased or sold via the Exchange.
1.16"Transaction Fees" means the fees which we charge you in relation to a Transaction, as set out at clause 5.
1.17"Transaction Instruction" means an instruction given by you to us to execute a Transaction.
1.18"UKEX Account" means the account in your name which is accessible through the Website and which allows you to receive one or more of the Services.
1.19"Website" means www.ukex.com(including API, mobile APP) or any other website designated as such by us.
2.2Before using any of the Services, you shall read this Agreement carefully, and consult a professional lawyer if you have any doubt as to their meaning. If you do not agree to the Terms and Conditions of this Agreement, you should immediately stop using the Services and stop logging into your UKEX Account. Upon you logging into your UKEX Account or using any of the Services or engaging in any other similar activity, you shall be deemed to have understood and agreed to all of the terms and conditions of this Agreement, including any and all changes, modifications or alterations that we may make to this Agreement from time to time.
2.3If you are not a Member, you can only log into and browse the Website and have access to other services as are permitted by our rules and regulations but cannot enter into any Transactions.
2.4Upon registering as a Member of and using any of the Services you:
2.4.1confirm that you have attained the age of 18 (or, if different, the statutory age for entering into contracts as is required by the law of the country in which you reside) and have sufficient capacity to accept this Agreement, to enter into a Transaction and to use the Website and the Services.
2.4.2represent that all Digital Assets in which you acquire through Transactions are legally acquired and owned by you.
2.4.3agree to accept any and all liabilities for your own Transactions (and any other activities when using the Services) as well as any and all profits and losses therefrom.
2.4.4confirm that the information provided at the time of registration is true and accurate.
2.4.5agree to comply with the Applicable Laws, including the reporting of any transaction profits for tax purposes.
2.4.6you acknowledge that this Agreement is only binding on the rights and obligations between you and us, and does not involve any legal relations and legal disputes arising from and relating to the transaction of Digital Assets between the users of the Exchange, and between other third parties and you (please see clause 16 for further information).
3.1Eligibility for Registration
You confirm that you are a natural person, legal person or other organisation with the power to enter into this Agreement and the ability to use the Services.
3.2Purpose of Registration
You confirm that you do not register as a Member with the intention or the purpose of violating any of the Applicable Laws or for any Excluded Purposes. We shall have the right to refuse to register you as a Member where we reasonably believe that this would be in breach of Applicable Laws.
3.3.1You agree to provide us with your full name, a valid residence address, a valid email address, a mobile phone number and such other information as specified on the user registration page of the Website (all information you provide to us on registration being referred to as 'Registration Data').
3.3.2You agree to provide us with complete, correct and accurate Registration Data and any other information we reasonably request under this Agreement. You agree to keep your Registration Data up to date.
3.3.3Under the Applicable Laws, we are required to verify your identity and make various checks. You consent to us using your Registration Data to perform these checks and you shall provide us with any other information which we reasonably require to carry out these checks (including, without limitation, copies of identity documents or documents confirming your address). Until we have successfully carried out these checks, you will not be able to complete the registration of your UKEX Account.
3.3.4If any Applicable Laws require that mobile phone accounts must be based on real names, you hereby confirm that the mobile phone number you provide for registration purposes has gone through the real-name registration procedure. After you provide the required registration information and such information passes relevant verification, you shall be registered as a Member with access to the Website and Exchange.
3.3.5You agree to receive emails or short messages sent by us related to the management and operation of the Website or Services.
4.1Our obligations in relation to the Services
Unless we are prevented from doing so by an event outside our reasonable control (including but not limited to malicious targeted hacking, terrorist attacks, failures caused by network, power or server, third party service provider issues, modification or prohibition of national laws, regulations), we will provide the Services with reasonable care and skill.
4.2Content of the Services
4.2.1In relation to the Exchange Service which we provide:
184.108.40.206You have the right to browse the real-time quotes and transaction information concerning Digital Assets by accessing the Exchange via the Website, to submit Transaction Instructions to us and to complete the Transaction through the Exchange (please see clause 3 for further information).
220.127.116.11You have the right to participate in the website activities organised by the Website in accordance with the rules of activities posted on the Website.
4.2.2In relation to the Cryptowallet Service, we will securely store any Digital Assets which we hold on your Cryptowallet. You may:
18.104.22.168transfer Digital Assets to your Cryptowallet from any other valid address existing on the cryptographic network for that Digital Asset; and
22.214.171.124withdraw Digital Assets from your Cryptowallet to any other valid address existing on the cryptographic network for that Digital Asset.
You acknowledge that we have no control over the cryptocurrency network for a Digital Asset and our responsibility for withdrawals is limited to ensuring the transfer of the necessary technical data to the relevant cryptocurrency network. You also acknowledge (and agree to pay) any fees that may exist for the use of the relevant cryptocurrency network set out at clause 5.
The cryptocurrency network protocols are likely to be subject to sudden changes in operating rules(“forks”), and such forks may materially affect the value, function, and/or the name of the Digital Currency you store in your Digital Currency Wallet. However, it is your responsibility to make yourself aware of, and consider how to deal with, upcoming forks. In the event of a fork, there is a risk that we may need to temporarily suspend operations in relation to that fork without providing advance notice to you. Based on our reasonable judgement, we may not support any one or two forks of the branch. You acknowledge the risks presented by forks and you accept that we have no responsibility to assist you to move or sell an unsupported branch of forked protocol.
126.96.36.199comply with the provisions of the Applicable Laws;
188.8.131.52ensure the legality of the source of all Digital Assets in your Cryptowallet;
184.108.40.206refrain from engaging in any illegal activities or other activities that damages our rights, interests or reputation or those of any third party, such as sending or receiving information that is illegal, illicit or infringes on the rights and interests of any other person, sending or receiving pyramid scheme information or information or remarks causing other harms, unauthorized use or falsification of the email header information of the Website.
4.3.2You shall keep your login details (including all passwords) confidential and you shall not permit anyone else to access your UKEX Account and the mobile phone number bound with your UKEX Account registered to your UKEX Account, as well as the security of the verification codes received via your mobile phone.
4.3.3You shall be solely responsible for any and all your operations carried out using your UKEX Account (including any Transaction). If you learn that your UKEX Account is being used by someone else (or is at risk of being so used because, for example, you have disclosed your login details) you shall inform us by contacting us: firstname.lastname@example.org
4.3.4You shall not maliciously interfere with the normal processing of any Transaction or disrupt the transaction order. You may not use any technical means or other means to interfere with the normal operation of the Website or Exchange or interfere with the other users’ use of the services.
4.3.5If any dispute arises between you and any other user in connection with Transaction, we will only provide you with such information as is required by Applicable Law or by judicial or governmental request.
4.3.6All taxes payable as well as all fees relating to hardware, software and services that are incurred by you in the course of using the Services shall be solely borne by you.
4.3.7You shall ensure that you frequently check that your Registration Data is still accurate and shall make any necessary changes.
4.3.8You shall abide by this Agreement and other terms of service and operating rules that the Website may release from time to time.
4.4Using the Exchange to enter into Transactions
4.4.1Funding your Transactions
Depending on the Approved Pairings available, Digital Assets may be purchased by paying either in another Digital Asset or in a Currency. You must ensure that you have sufficient Digital Assets or Currency (as the case may be) before submitting a Transaction Instruction to purchase a Digital Asset.
4.4.2Browsing Transaction information
When you browse the Transaction information on the Website, you shall read all of the displayed Transaction information, including but not limited to the price, consignment, handling fee, buying or selling direction, and you shall accept all the contents contained in the Transaction information before you may click on the button to submit the Transaction Instruction.
4.4.3Submission of Transaction Instructions
After browsing and verifying the Transaction information, you may submit your Transaction Instruction. After you submit the Transaction Instruction, you shall be deemed to have authorised us to broker for you a Transaction with another user of the Exchange. To the extent possible, we will automatically match your Transaction Instruction with another user's Transaction Instruction. All Transactions are executed in accordance with our Execution Policy which can be found on the Website.
4.4.4Refusal to execute a Transaction Instruction
220.127.116.11We may, without any liability to you, refuse to execute a Transaction Instruction in the following circumstances:
(a)where you have insufficient Digital Assets or Currency to make the Transaction (as the case may be);
(b)where we believe that execution of the Transaction Instruction would be in breach of any Applicable Law; or
(c)where we have been requested not to do so by a court of competent jurisdiction or a regulator.
18.104.22.168Unless prohibited by Applicable Laws, we will notify you of the reason for our refusal to execute the Transaction Instruction.
4.4.5Settlement of Transactions
When you purchase a Digital Asset and:
22.214.171.124pay with Currency (if permitted by an Approved Pairing) by UKEX Card account, Bank transfer or third-party payment etc., your Account will be debited with the relevant amount and your Cryptowallet credited with the relevant amount of the Digital Asset;
126.96.36.199pay with another Digital Asset (if permitted by an Approved Pairing), your Cryptowallet will be credited with relevant amount of the Digital Asset you are purchasing and debited with the relevant amount of the Digital Asset which you are paying with.
When you sell a Digital Asset and:
188.8.131.52receive payment in Currency (if permitted by an Approved Pairing) by UKEX Card account, Bank transfer or third-party payment etc., your Account will be credited with the relevant amount and your Cryptowallet debited with the relevant amount of the Digital Asset;
184.108.40.206receive payment in another Digital Asset (if permitted by an Approved Pairing), your Cryptowallet will be debited with the relevant amount of the Digital Asset you are selling and credited with the relevant amount of the Digital Asset that you are receiving as payment.
4.4.6Accessing Transaction details
You can check your Transaction records in the UKEX Account section of the Website. We use commercially reasonable efforts to assure that your transaction history is accurate and reliable; however, please understand that errors may sometimes occur and such errors do not impact the actual means and results of a given transaction.
4.4.7Revoking/modifying Transaction commission.
4.4.8You have the right to revoke or modify your Transaction Instruction at any time before the Transaction is concluded.
Please refer to the link for the detailed fees:https://support.ukex.com/hc/en-us/articles/360006967911-Fees
6.UKEX Card Account
6.1If you wish to enter into Transactions via UKEX Card account.
6.1.1to buy Digital Assets using Currency (as permitted by an Approved Pairing); or
6.1.2to sell Digital Assets and be paid in Currency (as permitted by an Approved Pairing);
you will need to register for a UKEX Card Account. If you buy Digital Assets using Currency, your UKEX Card Account will automatically be debited by the relevant amount. If you sell Digital Assets in return for Currency, your UKEX Card Account will automatically be credited by the relevant amount.
6.2In addition, when you are registered for a UKEX Card Account you will receive a debit or prepaid card which will allow you to purchase goods and services subject to the terms and conditions you enter into with Contis. Purchases with this debit or prepaid card will deduct the relevant amount of funds from your UKEX Card
6.3You may place funds on your UKEX Card Account by transferring funds via a bank transfer or selling Digital Assets for Currency.
6.4Although it is connected with your Cryptowallet, the UKEX Card Account and Card is operated and provided by Contis and you should refer to the separate terms and conditions applying to that account (which you will have received when registering for the UKEX Card Account).
7.Our rights and obligations
7.1Where by means of technical testing or manual sampling, among others, we reasonably suspect that the information you provide to us is wrong, untrue, invalid or incomplete, we shall have the right to notify you to correct or update the information.
7.2We shall have the right to correct any information displayed on the Website when we uncover any error in such information (in addition to our general right to modify the Website as we see fit).
7.3We shall ensure the security of your Digital Assets by implementing reasonable security precautions. When we learn of any security risks to your UKEX Account, we shall notify you in advance (so long as notifying you would not further reduce the security of your UKEX Account or the Website).
7.4We shall have the right to delete any content and information on the Website which does not conform to any Applicable Laws or the rules of the Website at any time. We may exercise this right without providing you with prior notice.
7.5We shall have the right to cancel, rollback or block transactions of all type, suspend accounts and freeze funds on our platform in event of abnormal transactions.
7.6We shall have the right to suspend, freeze or cancel accounts that are used by persons other than the persons whose names they are registered under. Accordingly, we will not take legal responsibility for these accounts.
7.7We shall have the right to resolve issues and disputes at our sole discretion. Issues including infringement of others’ rights, breach of law and regulations, abnormal trades and others not explicitly mentioned in this Terms and Conditions. You agree to be solely responsible for the costs arising from the process of dispute resolution.
7.8If your violations cause any losses to a third party, you shall be solely responsible for all the legal liabilities in your own name and hold us harmless from any loss, fine or extra expenses. If, due to any alleged violation we incur any losses, is claimed by any third party for compensation or suffers any punishment imposed by any administrative authorities, you shall indemnify us against any losses and expense caused thereby, including reasonable attorney’s fee.
8.Duration and termination of this Agreement
8.1This Agreement will continue in force until terminated in accordance with provisions of this clause 8.
8.2We shall have the right to terminate or suspend your UKEX Account in the following circumstances by providing you with immediate notice:
8.2.1you breach any term of this Agreement and, if such breach is capable of remedy, fail to remedy such breach within 7 (seven) days;
8.2.2we determine that the user of an UKEX Account is not the initial registrant of that Account;
8.2.3you fail to log into your UKEX Account for an uninterrupted period of one year;
8.2.4provide any information (including Registration Data) which you knew to be false or were reckless as to its truth; and
8.3If you breach any term of this Agreement we may immediately, suspend your account, issue legal proceedings against you for reimbursement for all costs resulting from the breach, take legal action against you or disclose such information to law enforcement authorities as we reasonable feel is necessary to do so.
You or we shall have the right to terminate this Agreement by providing  days' notice to the other party
8.4If your UKEX Account is terminated for any reason, this Agreement shall be terminated on the same date.
8.5After the termination of this Agreement for any reason, you must immediately stop using any Service.
8.6Expiration or termination of this Agreement for any reason shall not affect our or your accrued rights, obligations.
9.1All intellectual property included in the Website or the Exchange, including, but not limited to, website logos, databases, website design, text and graphics, software, photos, videos, music, sounds and any combinations of the aforementioned files, and the intellectual property rights of software compilation, associated source code and software (including small applications and scripts) belong to us and our licensors absolutely. You are not granted any licence or right to use these materials and other documents or items for any purpose other than in connection your receipt of the Services. You may not copy, modify, transmit or use any of the foregoing materials or content for commercial purposes.
9.2All rights contained in the name of the Website (including but not limited to business goodwill and trademarks, logos) belong to us or our licensor absolutely.
9.3By entering into this Agreement, you shall be deemed, on the basis of your own informed decision, to have transferred and assigned exclusively free of charge to us all copyright of any form of information that you publish on the Website, including, but not limited to copyrights, distribution rights, lease rights, exhibition rights, performance rights, projection rights, broadcasting rights, information network dissemination rights, shooting rights, adaptation rights, translation rights, compilation rights and other transferable rights that copyright owners are entitled to, and we shall have the right to sue for any infringement on such copyright and obtain full compensation for such infringement. This Agreement shall apply to any content that is published by you on the Website and is protected by copyright law, regardless of whether the content is generated before or after the signing of this Agreement.
9.4Your logging into your UKEX Account or use of any of the Services offered by us shall not be seemed as our transfer of any intellectual property to you.
10.1Scope of Application
10.1.1When you register for your UKEX Account or , you shall provide personal registration information in accordance with the requirements of the Website, including but not limited to your name, address, telephone number and email address.
10.1.2When you use the services offered by the Website, or visit the Website, the Website will automatically receive and record the server information of your web browser, including but not limited to the IP address and records on the web pages that you request to access.
10.1.3The relevant data collected by the Website in connection with your transactions on the Website, including but not limited to transaction records.
10.1.4Other personal information of yours legally obtained by the Website.
10.2Use of Information
10.2.1We are the data controller of your personal information for the purposes of applicable data protection laws. We will use the personal data you provide to us together with information that is collected or generated during our relationship with you to:
10.2.1.1verify your identity and provide the Services;
10.2.1.2process your Transaction Instructions;
10.2.1.3meet legal, regulatory and compliance requirements;
10.2.1.4monitor and analyse any Transactions to prevent, investigate and/or report fraud, terrorism, money-laundering, security incidents or other criminal activities;
10.2.1.5transfer or disclose your information to any third party that is not a related party of us, for the purpose of completing merger, division, acquisition or transfer of assets;
10.2.1.6software certification or management software upgrade;
10.2.1.7inviting you to participate in surveys in connection with the services offered by the Website;
10.2.1.8helping us to design new products and services and improve the Services; and
10.2.1.10if you agreed to this, to inform you (including by phone, email and SMS) about similar products that we provide, but you may stop receiving these communications at any time by contacting us at the email address set out in this Agreement.
We will share your personal information with third parties providing services to us, such third parties' and our group companies and our representatives for these purposes. These transfers are either necessary to perform the Services or we have taken steps to ensure that there is adequate protection for your personal information in these circumstances. We store and process your Personal Data in data centres around the world, wherever UKEX facilities or service providers are located. As such, we may transfer your Personal Data outside of the European Economic Area (“EEA”). Such transfers are undertaken in accordance with our legal and regulatory obligations.
10.3We will share your personal data where the law either requires or allows us to do so to protect our legitimate interests (e.g. your personal data can be shared with law enforcement agencies, government bodies and regulators to prevent or detect crime, money laundering, terrorist financing or other criminal activities).
10.4We are required by law to carry out all necessary security and customer due diligence checks on you (including any parties involved in a Transaction) in order to provide the Services. On occasion, to assist with these checks and to meet our legal obligations, you agree to comply with any request from us for further information and provide such information in a format acceptable to us. In addition, you understand that as part of these checks we may make, directly or through any third party, any inquiries we consider necessary to validate the information you provided to us.
All Transaction calculations are verified by us, and all of the calculation methods which we use have been posted on the Website, but we cannot ensure that your use of the Website will not be uninterrupted or free from errors.
12.Limitation and Exemption of Liability
12.1If we fail to comply with this Agreement, we are responsible only for loss or damage you suffer that is a foreseeable result of that non-compliance. Loss or damage is "foreseeable" if either it is obvious that it will happen or if, at the time the Services were performed, both we and you knew that there was a reasonable likelihood that it might happen in the ordinary course of events (and not because of the existence of any exceptional circumstances, where or not we were aware of them). Except as otherwise provided in this Agreement, neither we, nor our affiliates or service providers, nor any of our or their respective officers, directors, agents, employees or representatives, will be liable for any amount greater than the combined value of the digital assets on deposit in your digital asset wallet at any given time. Where we are considering a specific claim relating to a specific transaction this sum shall be further limited to the amount of the transaction in
12.2We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, representatives or subcontractors; for fraud or fraudulent misrepresentation, including pre-contract fraudulent misrepresentation or fraudulent concealment; or for breach of your legal rights where it would be unlawful to exclude or limit such legal rights in relation to the services.
12.3We are not liable for business losses. We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.4You understand and agree that we shall not be held liable for any loss or damage caused by any action we take in the following circumstances:
12.4.1where we have a reasonable belief that your specific Transactions may involve any breach of Applicable Law;
12.4.2where we have a reasonable belief that your conduct on the Website or use of the Services is suspected of being illegal or improper or is for an Excluded Purpose.
12.4.3Use of your account or alteration of your data by third parties.
12.4.4Failure to use our service or your misunderstanding of our service.
12.5You acknowledge that:
12.5.1all Services are provided on an 'as is' basis, without guarantees of any kind, whether expressed or implied;
12.5.2all online services suffer from occasional disruptions and outages and we are not liable for any disruption or loss that you may suffer as a result. We do not therefore provide any guarantees that access to the Services will not be interrupted or that there will be no delays, failures, errors, omissions or loss of transmitted information;
12.5.3we will not be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of our obligations under this Agreement if such delay or failure result from events, circumstances or causes beyond our reasonable control (including but not limited to malicious targeted hacking, terrorist attacks, failures caused by network, power or server, third party service provider issues, modification or prohibition of national laws, regulations);
12.5.4we do not make any warranties and commitments in connection with any of the information, products and business of any third-party websites which the Website link to.
12.5.5We have no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchases or sell to or from a third party (including other users of UKEX of digital currency service). We are not responsible for ensuring that a third-party buyer or a seller you transact with will complete the transaction or is authorised to do so. If you experience a problem with any goods or services purchased from, or sold to, a third party using digital currency transferred using the UKEX service, or if you have a dispute with such third party, you should resolve the dispute directly with that third party. If you believe a third party has behaved in a fraudulent, misleading, or inappropriate manner, or if you cannot adequately resolve a dispute with a third party, you may notify us at email@example.com so we may consider what action to take, if any.
12.6We do not make any explicit or implicit warranties in connection with the market, value or price of Digital Assets. You acknowledge that the digital asset market is unstable, that the price and value of assets may fluctuate or collapse at any time, and that the transaction of digital assets is based on your informed decision and therefore you shall assume any and all risks and losses that may possible arise therefrom.
You will be liable to us and our employees, officers and partners against any and all loss, damage, claims, demands, costs, expenses, of any kind and nature incurred by us directly or indirectly arising from your violation of any provision of this Agreement, or fraudulent use of the Services. This includes any legal costs that we may incur in order to enforce our rights or recover any amounts you owe us. This clause shall survive any termination of this Agreement.
14.Amendments to this Agreement
We may at any time amend this Agreement. We shall notify you of any changes to this Agreement either by posting a notice on the platform or by emailing you at the email address listed in your Registration Data. We will update the latest revision time in this Terms and Conditions, and you promise to check the agreement whenever you login our website. Following any amendments, if you continue to use any of the Services you shall be deemed to have agreed to the revised terms of this Agreement. If you do not agree to the amended Agreement, you must immediately stop the use of the Services and request the closure of your UKEX Account.
If you have any complaints relating to any of the Services provided to you under this Agreement, please contact us at firstname.lastname@example.org and we shall do our best to resolve your complaint. Please note that if your complaint relates to the UKEX Card Account, please contact Contis directly or if you still send the complaint to us, we will refer the complaint to Contis.
16.Other terms applying to Digital Assets
16.1This Agreement solely concerns your use of the Exchange to enter into Transactions with other users (and ancillary services as specified in this Agreement). Before purchasing Digital Assets you should determine what, if any, rights attach to the Digital Assets which you intend to purchase (as may be granted by a third party, such as any initial issuer of the Digital Asset). You acknowledge that, unless specifically stated in this Agreement or any other agreement which we may enter into with you, such terms apply as between you and the third party granting such rights.
16.2Our Digital Currency Services are available only in connection with those digital currencies that we support, and this may change from time to time. Under no circumstances should you attempt to use your Cryptowallet to store, send, request, or receive digital currencies in any form that we do not support (although we will use reasonable efforts to help you move or sell Digital Currency that we no longer support). We assume no responsibility or liability in connection with any attempt to use your Cryptowallet for digital currencies that we do not support.
16.3Unless specifically announced on the UKEX official website or other official public statement of UKEX, we do not support metacoins, coloured coins, side chains, or other derivative, enhanced, or forked protocols, tokens, or coins which supplement or interact with a Digital Currency we support (collectively, "Advanced Protocols"). You should not use your UKEX Account to attempt to receive, request, send, store, or engage in any other type of transaction involving an Advanced Protocol. Our platform is not configured to detect and/or secure Advanced Protocol transactions. You acknowledge and agree that we have no responsibility whatsoever in respect of an unsupported Advanced Protocol.
16.4Terms applying to UKEXCoin
Please note that these terms apply only to those Members of the UKEX platform who hold the digital assets or cryptocurrencies known as ‘GBP*', 'USD*' and 'EUR*' (together known as UKEXCoins) from time to time. The provision of UKEXCoins to Members via UKEX is not an offer to the public for the sale of UKEXCoins.
16.4.1What are UKEXCoins?
UKEXCoins are a new type of Digital Asset which has a value represented in the relevant traditional currency (British pound for GBP*, US dollar for USD* and European eur for EUR*) and which will fluctuate according to the market value. It is being provided by UKDE through the UKEX platform.
UKEXCoins are issued by a third party to UKDE who will subsequently provide the token to Members via the UKEX platform. UKEXCoins are a token issued based on the ERC-20 standard.
16.4.2What rights and limitations attach to UKEXCoins?
UKEXCoins may be traded on UKEX for other types of Digital Assets with any member of UKEX. You may also sell your UKEXCoin to UKDE for either other types of Digital Assets or for the currency in which your UKEXCoin is denominated (British pound for GBP*, US dollar for USD* and European eur for EUR*). You acknowledge and agree that UKDE is under no obligation whatsoever to purchase UKEXCoin from you or at a given price. UKEXCoins can only be traded on the UKEX platform and must not be transferred to any person who is not a Member of the UKEX platform
From time to time, UKDE may, in its absolute discretion, announce on its website the existence of certain additional rights which attach to a UKEXCoin. These rights will be subject to any limitations stated in those announcements. UKEXCoin provides the holder with no other rights and grants no rights, ownership or security over UKDE or its assets.
16.4.3How much can I buy/sell a UKEXCoin for?
When UKDE provides UKEXCoin to you under these terms, it will state on its website the price at which you can purchase the issued UKEXCoins from UKDE.
Any subsequent trading of UKEXCoins on the UKEX platform will occur at the market price, as determined in accordance with the laws of supply and demand and other factors. UKDE may offer to purchase from you GBP* for British pound, EUR* for European eur and USD* for US dollar but you acknowledge that this will be at UKDE's absolute discretion and you have no right to sell UKEXCoins to UKDE for a given price (or at all).
UKEXCoins are re Digital Assets whose price is affected by market fluctuations, including but not limited to:
(a)Changes to UKEXCoin issuer’s business strategy and situation
(b)Changes to the Digital Assets market
17.1We may transfer our rights and obligations under this agreement to another organisation.
17.2You may not transfer to any third party any of your rights or obligations under this Agreement without our written consent.
If any provision of this Agreement is found unenforceable, invalid or illegal by any court of competent jurisdiction, validity of the remaining provisions of this Agreement shall not be affected.
Nothing in this Agreement shall be deemed to have created, implied or otherwise treated us as your agent, trustee or other representative, unless it is provided otherwise in this Agreement.
Our or your waiver of the right to hold the other party liable for breaches of agreement or any other liability as is agreed upon in this Agreement shall not be construed or deemed as a waiver of the right to hold the other party for other breaches of contract; a failure to exercise any right or remedy shall not be construed in any way as a waiver of such right or remedy.
21.No third party rights
This Agreement is between you and us. Other than as provided in clause 17.1 above, no other person shall have any rights to enforce any of its terms.
22.Governing Law and Jurisdiction
This Agreement is governed by English law. This means that the Services (and any dispute or claim arising out of or in connection with it, including non-contractual claims or disputes) will be governed by English law.
You can bring legal proceedings in respect of claims or disputes (including non-contractual claims or disputes) arising from or related to this Agreement in the English courts. If you live in Scotland, you can bring legal proceedings in either the Scottish or the English courts. It you live in Northern Ireland, you can bring legal proceedings in either the Northern Irish or the English courts.