Terms of Use

Last revised: December 15 2017

THESE TERMS OF USE CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.

By accessing or using the Bgogo website located at https://bgogo.com (the "Site") and any services made available through the Site (collective, the "Services"), you ("User") agree to be bound by these Terms of Use ("Terms"). If you do not agree to be bound by these Terms, do not access or use the Services.

Bgogo reserves the right to change or modify the terms and conditions contained in these Terms, including but not limited to any policy or guideline of the Site, at any time and at its sole discretion. We will provide notice of these changes by posting the revised Terms to the Site and changing the "Last revised" date at the top of the Terms, or by emailing users at their provided email addresses, or by any other means as determined by Bgogo. The decision of which notification chosen will be left to Bgogo's sole discretion. Using a particular form of notice in some instances does not obligate us to use the same form in other instances. Any changes or modifications will be effective immediately upon posting the revisions to the Site or at the instant that Bgogo transmits the information to the users(e.g. via email). These changes will apply at that instant to all then current and subsequent uses of the Site. You waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site acts as acceptance of such changes or modifications. If you do not agree to the Terms in effect when you access or use the Site, you must stop using the Site.

Preamble

Bgogo provides an online tool (the "Platform") that allows users to freely trade between a number of different virtual currencies ("Cryptocurrency").

1. Eligibility

By accessing or using the Site, you represent and warrant that you are not a citizen of the People's Republic of China or the United States, you are at least 18 years old and have not previously been suspended or removed from the Site. You further represent and warrant that you will not use the Site if the laws of your country prohibit you from doing so in accordance with these Terms. Finally, you represent and warrant that you will not be using this site for any illegal activity, including but not limited to money laundering and the financing of terrorism.

Registration and account: In order to access and use the Services, you must create an account with Bgogo (an “Account”). You agree to: (a) maintain the security and confidentiality of your login credentials and restrict access to your Account and your computer; (b) promptly notify Bgogo if you discover or otherwise suspect any security breaches related to the Site; and (c) take responsibility for all activities that occur under your Account and accept all risks of unauthorized access.

2. Privacy policy

Your privacy is important to us. We may collect, store and use the following kinds of personal information: (a) information about your computer and about your visits to and use of this website (including your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths); (b) information that you provide to us when registering with our website (including your email address); (c) information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (including your name and email address); (d) information that you provide to us when using the services on our website, or that is generated in the course of the use of those services (including the timing, frequency and pattern of service use); (e) information contained in or relating to any communication that you send to us or send through our website (including the communication content and metadata associated with the communication) and (f) any other personal information that you choose to send to us.

We may use your personal information to: (a) administer our website and business; (b) personalise our website for you; (c) enable your use of the services available on our website; (d) send you non-marketing commercial communications; (e) send you email notifications that you have specifically requested; (f) send you our email newsletter, if you have requested it (you can inform us at any time if you no longer require the newsletter); (g) send you marketing communications relating to our business or the businesses of carefully-selected third parties which we think may be of interest to you, by post or, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications); (h) provide third parties with statistical information about our users (but those third parties will not be able to identify any individual user from that information); (i) deal with enquiries and complaints made by or about you relating to our website; (j) keep our website secure and prevent fraud; and (k) verify compliance with the terms and conditions governing the use of our website (including monitoring private messages sent through our website private messaging service).

3. Confidentiality of the transmission of information over the internet

The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not one hundred percent secure, and is subject to possible loss, interception, or alteration while in transit. Accordingly, Bgogo does not assume any liability, without limitation, for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, including but not limited to transmissions involving the Platform or e-mail with Bgogo containing your personal information. While Bgogo will take commercially reasonable efforts to safeguard the privacy of the information you provide to Bgogo and will treat such information in accordance with Bgogo's Privacy Policy, in no event will the information you provide to Bgogo be deemed to be confidential, create any fiduciary obligations for Bgogo, or result in any liability for Bgogo in the event that such information is negligently released by Bgogo or accessed by third parties without Bgogo's consent.

4. We do not provide investing advice

We are an execution-only service and do not advise on the merits of any particular transactions or their taxation consequences. In entering into any transaction on the Platform, you represent that you have been, are, and will be solely responsible for making your own independent appraisal and investigations into the risks of the transaction. You represent that you have sufficient knowledge, market sophistication, professional advice and experience to make your own evaluation of the merits and risks of any transaction. We give you no warranty as to the suitability of the cryptocurrencies traded under these Terms and assume no fiduciary duty in our relations with you. If at any point Bgogo or its representatives do provide trading recommendations, market commentary, or any other information, the act of doing so is incidental to your relationship with us and imposes no obligation of truth or due diligence on behalf of Bgogo or its representatives. We give no representation, warranty, or guarantee as to the accuracy or completeness of any such information or as to the tax consequences of any transaction.

5. 51% and other cryptocurrency attacks

Bgogo makes every commercially reasonable attempt to help prevent and mitigate cryptocurrency attacks. If Bgogo is able to confirm that a cryptocurrency active on the Platform has been compromised or is under attack, Bgogo may immediately halt trading, deposits, and withdrawals for such cryptocurrency. If it is determined that such an attack caused the cryptocurrency to greatly decrease in value, Bgogo may discontinue trade activity on such cryptocurrency entirely. Resolutions concerning deposits, withdrawals, and user balances for an attacked cryptocurrency will be determined on a case-by-case basis. Bgogo makes no representation and does not warrant the safety of the Platform and is not liable for any lost value or stolen property, whether or not Bgogo was negligent in providing the proper security. If the value of the assets in your Account falls below the maintenance margin requirement or Bgogo determines, at its sole discretion, that your Account appears to be in danger of defaulting on a loan, Bgogo may seize and liquidate any or all of your positions and assets on any balance in your Account in order to settle your debt to lenders. If, after your positions and assets are liquidated, your account still contains insufficient funds to settle your debts to lenders, you will be responsible for any additional funds owed. Intentionally defaulting on a loan may result in Bgogo reporting your activities to authorities and/or in legal prosecution.

6. Third party content

Bgogo and its users may provide third party content on the Site and may provide links to web pages and content that are not owned or controlled by Bgogo (collectively the "Third Party Content") as a service to those interested in this information. Bgogo does not control, endorse, or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including but not limited to its accuracy or completeness. You acknowledge and agree that Bgogo is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. You acknowledge that your use of such Third Party Content is at your own risk. Your business dealings or correspondence with, or participation in promotions of, any third parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third parties. Bgogo is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such Third Party Content on the Site.

7. Copyright of feedback materials

You acknowledge and agree that any materials, including but not limited to questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding Bgogo or the Services (collectively, "Feedback") that are provided by you, whether by email, posting to the Site or otherwise, are non-confidential and will become the sole property of Bgogo. Bgogo will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

8. User conduct and obligations

In connection with your use of the Services, you will not: Violate or assist any party in violating any law, statute, ordinance, regulation or any rule of any self-regulatory or similar organization of which you are or are required to be a member through your use of the Services; Provide false, inaccurate or misleading information; Infringe upon Bgogo or any third party’s copyright, patent, trademark, or intellectual property rights; Distribute unsolicited or unauthorized advertising or promotional material, any junk mail, spam, or chain letters; Reverse engineer or disassemble any aspect of the Site or Services in an effort to access any source code, underlying ideas and concepts, and algorithms; Take any action that imposes an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; Transmit or upload any material to the Site that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs; Otherwise attempt to gain unauthorized access to the Site, other Bgogo Accounts, computer systems or networks connected to the Site, through password mining or any other means; or Transfer any rights granted to you under these Terms.

9. Transferability

While the Account and the Services provided to a user are not transferable under any circumstance and shall be used only by the user, Bgogo shall have the right to transfer, assign, or sell all the rights, benefits, or obligations to any person and these Terms shall continue to be in force and effect for the benefit of the successors and assigns of Bgogo.

10. Electronic trading terms

A transaction on the Platform may fail for several reasons, including but not limited to change in seller prices, unspecified lot size or unanticipated technical difficulties. We make no representation or warrant that any transaction will be executed properly. Bgogo is under no circumstances liable for any loss or injury suffered by a failure of a transaction to complete properly. Further, Bgogo is in no way responsible for notifying you of a transaction failure. The User has full responsibility to determine and inquire into the failure of any transaction the User initiates. In the event that you receive any data, information or software other than that which you are entitled to receive pursuant to these Terms, you will immediately notify us and will not use, in any way whatsoever, such data, information or software. If you request a withdrawal of funds from your Account and we cannot comply with it without closing some part of your open positions, we will not comply with the request until you have closed sufficient positions to allow you to make the withdrawal. We shall be entitled to act for you upon instructions given by or purporting to be given by you or any person authorized on your behalf without further inquiry as to the genuineness, authority, or identity of the person giving or purporting to give such instructions, provided such instruction is accompanied by correct information about your Account. Bgogo reserves the right to refuse to process, or the right to cancel or reverse, any transaction on the Platform where Bgogo suspects the transaction involves money laundering, terrorist financing, fraud, or any other type of crime or if Bgogo suspects the transaction related to Prohibited Use as stated in our Terms of Use.

11. Permanent withdrawal of service

Bgogo may (a) suspend or terminate your access to the Services, and (b) deactivate or cancel your Account, or if Bgogo reasonably suspects you of using your Account in furtherance of illegal activity. You will be permitted to transfer cryptocurrency associated with your Account for ninety (90) days after Account deactivation or cancellation unless such transfer is otherwise prohibited. If any transaction is in a pending state at the time your Account is cancelled or suspended, such transaction may be cancelled and/or refunded as appropriate. You may not cancel your Account to evade an investigation or avoid paying any amounts otherwise due to Bgogo. Upon cancellation of your Account, you authorize Bgogo to cancel or suspend pending transactions and, after providing written notice to the you, return the funds associated with such transactions to your wallet address. In the event that you or Bgogo terminates this agreement or your access to the Services, or deactivates or cancels your Account, you will remain liable for all amounts due hereunder. In the event that a technical problem causes system outage or account errors, Bgogo may temporarily suspend access to your Account until the problem is resolved.

12. Ownership of funds

You hereby certify to us that any funds used by you in connection with the Platform are either owned by you or that you are validly authorized to carry out transactions using such funds, and that all transactions initiated with your Account are for your own account and not on behalf of any other person or entity.

13. Disclaimer of warranties

Bgogo provides no guarantee as to the performance or the uninterrupted availability of the services. The services are provided on an “As is”, “As available” basis without warranties of any kind, either express or implied. Bgogo disclaims all warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement with respect to the services. Bgogo does not represent or warrant that the services and the information contained therein are accurate, complete, reliable, current or error-free. Bgogo will make reasonable efforts to ensure that transactions on the platform are processed in a timely fashion, but makes no representations or warranties with respect to the amount of time needed to process such transactions. Because cryptocurrency transfers on and off the platform are dependent upon many factors outside of our control, Bgogo makes no representation or warranties regarding the success of, or the amount of time needed for, cryptocurrency transactions. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.

14. Limitation of liability

Bgogo shall have no liability for any damages of any kind (including without limitation indirect, special, incidental, consequential, or tort damages, or lost profits) in connection with your use of the services, even if Bgogo has been advised or is aware of the possibility of such damages. in no event will Bgogo’s liability for money damage under these terms exceed the amount of fees received from you during the preceding six month period.

15. Force majeure

In addition to applicable disclaimers stated above, Bgogo’s performance under these Terms shall be excused in the event of interruption and/or delay due to, or resulting from, causes beyond its reasonable control, including but not limited to acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, flood, earthquake, explosion, embargo, acts of terrorism, power failure, equipment failure, industrial or labor disputes or controversies, acts of any third party data provider(s) or other third party information provider(s), third party software, or communication method interruptions.

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