Privacy and Policy
Privacy and Policy
Privacy and Policy
Mooksy Privacy and Policies
These Mooksy Terms of Use are entered into between you (from now
on referred to as “you” or “your”) and Mooksy operators (as defined below). By
accessing, downloading, using, or clicking on “I agree” to accept any Mooksy
Services (defined below) provided by Mooksy (as described below), you agree
that you have read, understood, and accepted all of the terms and conditions
stipulated in these Terms of Use (from now on referred to as “these Terms”). In
addition, when using some features of the Services, you may be subject to
specific additional terms and conditions applicable to those features.
Please read the terms carefully as they govern your use of Mooksy
Services. THESE TERMS CONTAIN IMPORTANT PROVISIONS, INCLUDING AN ARBITRATION
PROVISION THAT REQUIRES ALL CLAIMS TO BE RESOLVED BY WAY OF LEGALLY BINDING
ARBITRATION. The terms of the arbitration provision are outlined in Article 10,
“Resolving Disputes: Forum, Arbitration, Class Action Waiver,” hereunder. As
with any asset, the values of Digital Currencies (as defined below) may
fluctuate significantly, and there is a substantial risk of economic losses
when purchasing, selling, holding, or investing in Digital Currencies and their
derivatives. BY MAKING USE OF Mooksy SERVICES, YOU ACKNOWLEDGE AND AGREE THAT:
(1) YOU ARE AWARE OF THE RISKS ASSOCIATED WITH TRANSACTIONS OF DIGITAL
CURRENCIES AND THEIR DERIVATIVES; (2) YOU SHALL ASSUME ALL RISKS RELATED TO THE
USE OF Mooksy SERVICES AND TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR
DERIVATIVES; AND (3) Mooksy SHALL NOT BE LIABLE FOR ANY SUCH RISKS OR ADVERSE
OUTCOMES.
By accessing, using, or attempting to use Mooksy Services in any
capacity, you acknowledge that you accept and agree to be bound by these Terms.
If you disagree, do not access Mooksy or utilize Mooksy services.
Definitions
Mooksy refers to an ecosystem comprising Mooksy websites (whose
domain names include but are not limited to (https://Mooksy.com), mobile applications,
clients, applets, and other applications that are developed to offer Mooksy
Services, and includes independently-operated platforms, websites, and clients
within the ecosystem (e.g., Mooksy’s Open Platform, Mooksy Launchpad, Mooksy
DEX). In case of any inconsistency between the relevant terms of use of the
above platforms and the contents of these Terms, the respective applicable
terms of such platforms shall prevail.
Mooksy Operators: refer to all parties that run Mooksy,
including but not limited to legal persons (including Mooksy Platform PTE
Limited), unincorporated organizations, and teams that provide Mooksy Services
and are responsible for such services. For convenience, unless otherwise
stated, references to “Mooksy” and “we” in these Terms specifically mean Mooksy
Operators.
UNDER THESE TERMS, Mooksy OPERATORS MAY CHANGE AS Mooksy’S
BUSINESS ADJUSTS, IN WHICH CASE, THE CHANGED OPERATORS SHALL PERFORM THEIR
OBLIGATIONS UNDER THESE TERMS WITH YOU AND PROVIDE SERVICES TO YOU. SUCH CHANGE
DOES NOT AFFECT YOUR RIGHTS AND INTERESTS UNDER THESE TERMS. ADDITIONALLY, THE
SCOPE OF Mooksy OPERATORS MAY BE EXPANDED DUE TO THE PROVISION OF NEW Mooksy
SERVICES, IN WHICH CASE, IF YOU CONTINUE TO USE Mooksy SERVICES, IT IS DEEMED
THAT YOU HAVE AGREED JOINTLY TO EXECUTE THESE TERMS WITH THE NEWLY ADDED Mooksy
OPERATORS. IN CASE OF A DISPUTE, YOU SHALL DETERMINE THE ENTITIES BY WHICH
THESE TERMS ARE PERFORMED WITH YOU AND THE COUNTERPARTIES OF THE DISPUTE,
DEPENDING ON THE SPECIFIC SERVICES YOU USE AND THE PARTICULAR ACTIONS THAT
AFFECT YOUR RIGHTS OR INTERESTS.
Mooksy Services refers to services provided by Mooksy that are
based on Internet and blockchain technologies and offered via Mooksy websites,
mobile applications, clients, and other forms (including new ones enabled by
future technological development). Mooksy Services include but are not limited
to such Mooksy ecosystem components as Digital Asset Trading Platforms, the
financing sector, and Mooksy services to be provided by Mooksy.
Mooksy Platform Rules refer to all rules, interpretations,
announcements, statements, letters of consent, and other contents that have
been and will be subsequently released by Mooksy, as well as all regulations,
implementation rules, product process descriptions, and announcements published
in the Help Center or within products or service processes. Users refer to all
individuals, institutions, or organizations that access, download, or use Mooksy
or Mooksy Services and meet the criteria and conditions that Mooksy stipulates.
If other agreements exist for such entities as developers, distributors, market
makers, and Digital Currencies exchanges, such contracts shall be followed.
Digital currencies refer to encrypted or digital tokens or
cryptocurrencies with a specific value based on blockchain and cryptography
technologies and are issued and managed in a decentralized form.
Digital assets refer to Digital Currencies, their derivatives,
or other digitalized assets with a specific value.
Mooksy Accounts refer to the foundational virtual accounts,
including central funds and subaccounts. Mooksy allows Users to record on Mooksy
their usage of Mooksy Services, transactions, asset changes, and basic
information. Mooksy Accounts serve as the basis for Users to enjoy and exercise
their rights on Mooksy.
General
Provisions About These Terms
Contractual Relationship
These Terms constitute a legal agreement and create a binding
contract between you and Mooksy Operators.
Supplementary Terms
Due to the rapid development of Digital Currencies and Mooksy,
these Terms between you and Mooksy Operators do not enumerate or cover all
rights and obligations of each party and do not guarantee complete alignment
with needs arising from future development. Therefore, THE PRIVACY POLICY (()), Mooksy PLATFORM RULES, AND ALL OTHER
AGREEMENTS ENTERED INTO SEPARATELY BETWEEN YOU AND Mooksy ARE DEEMED
SUPPLEMENTARY TERMS THAT ARE AN INTEGRAL PART OF THESE TERMS AND SHALL HAVE THE
SAME LEGAL EFFECT. YOUR USE OF Mooksy SERVICES IS DEEMED YOUR ACCEPTANCE OF THE
ABOVE SUPPLEMENTARY TERMS.
Changes to These Terms
Mooksy reserves the right to change or modify these Terms at any
time. Mooksy will notify such changes by updating the terms on its website ()
and adjusting the [Last revised] date displayed on this page. ANY AND ALL
MODIFICATIONS OR CHANGES TO THESE TERMS WILL BECOME EFFECTIVE UPON PUBLICATION
ON THE WEBSITE OR RELEASE TO USERS. THEREFORE, YOUR CONTINUED USE OF Mooksy
SERVICES IS DEEMED YOUR ACCEPTANCE OF THE MODIFIED AGREEMENT AND RULES. IF YOU
DO NOT AGREE TO ANY CHANGES TO THESE TERMS, YOU MUST STOP USING Mooksy SERVICES
IMMEDIATELY. YOU ARE RECOMMENDED TO FREQUENTLY REVIEW THESE TERMS TO ENSURE
YOUR UNDERSTANDING OF THE TERMS AND CONDITIONS THAT APPLY TO YOUR ACCESS TO AND
USE OF Mooksy SERVICES.
Mooksy Account
Registration and Requirements
Registration
All Users must apply for an Mooksy Account at (https://Mooksy.com)
before using Mooksy Services. When registering an Mooksy Account, you must provide
the information identified in this paragraph 3 or otherwise, as requested by Mooksy,
and accept these Terms, the Privacy Policy, and other Mooksy Platform Rules. Mooksy
may refuse, at its discretion, to open an Mooksy Account for you. You agree to provide
complete and accurate information when opening an Mooksy Account and agree to
timely update any information you provide to Mooksy to maintain the integrity
and accuracy of the information. Each User (including a natural person,
business, or legal entity) may hold only one primary account at any time.
However, Users can open one or more subaccounts under the main account with the
consent of Mooksy. For certain Mooksy Services, you may be required to set up a
specific account independent from your Mooksy Account based on the provisions
of these Terms or the Supplementary Terms. The registration, use, protection,
and management of such trading accounts are equally governed by the provisions
of this Section and Section VI unless otherwise stated in these or the
Supplementary Terms.
User Identity Verification
Your registration of an account with Mooksy will be deemed your
agreement to provide the required personal information for identity
verification. Such information will be used to verify Users’ identity and
identify traces of money laundering, terrorist financing, fraud, and other
financial crimes through Mooksy or for other lawful purposes stated by Mooksy.
We will collect, use and share such information through our Privacy Policy. In
addition to providing such information, you agree to allow us to keep a record
of that information during the period for which your account is active and
within five (5) years after your account is closed, in compliance with global
industry standards on data storage. You also authorize us to conduct necessary
investigations directly or through a third party to verify your identity or
protect you and us from financial crimes, such as fraud. The information we
require to verify your identity may include but is not limited to, your name,
email address, contact information, phone number, username, government-issued
ID, date of birth, and other information collected during account registration.
When providing the required information, you confirm it is true and accurate.
AFTER REGISTRATION, YOU MUST ENSURE THAT THE INFORMATION IS
TRUE, COMPLETE, AND TIMELY UPDATED WHEN CHANGED. IF THERE ARE ANY GROUNDS FOR
BELIEVING THAT ANY OF THE INFORMATION YOU PROVIDED IS INCORRECT, FALSE,
OUTDATED, OR INCOMPLETE, Mooksy RESERVES THE RIGHT TO SEND YOU A NOTICE TO
DEMAND CORRECTION, DIRECTLY DELETE THE RELEVANT INFORMATION, AND, AS THE CASE
MAY BE, TERMINATE ALL OR PART OF Mooksy SERVICES WE PROVIDE FOR YOU. Suppose WE
ARE UNABLE TO REACH YOU WITH THE CONTACT INFORMATION YOU PROVIDED. In that
case, YOU WILL BE FULLY LIABLE FOR ANY LOSS OR EXPENSE CAUSED TO Mooksy DURING
YOUR USE OF On AT THIS MOMENT, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE AN
OBLIGATION TO UPDATE ALL THE INFORMATION IF ANY CHANGE. BY REGISTERING AN
ACCOUNT, YOU AT THIS MOMENT AUTHORIZE Mooksy TO CONDUCT INVESTIGATIONS THAT Mooksy
CONSIDERS NECESSARY, EITHER DIRECTLY OR THROUGH A THIRD PARTY, TO VERIFY YOUR
IDENTITY OR PROTECT YOU, OTHER USERS, AND Mooksy FROM FRAUD OR OTHER FINANCIAL
CRIMES AND TO TAKE NECESSARY ACTIONS BASED ON THE RESULTS OF SUCH
INVESTIGATIONS. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOUR PERSONAL INFORMATION
MAY BE DISCLOSED TO CREDIT BUREAUS AND AGENCIES FOR FRAUD PREVENTION OR
FINANCIAL CRIME PREVENTION, WHICH MAY RESPOND TO OUR INVESTIGATIONS IN FULL.
Account Usage Requirements
The account registrant can only use the Mooksy Account. Mooksy
reserves the right to suspend, freeze or cancel the use of Mooksy Accounts by
persons other than the account registrant. If you suspect or become aware of
unauthorized use of your username and password, you should notify Mooksy
immediately. Mooksy takes no responsibility for any loss or damage caused by
using the Mooksy Account by you or any third party with or without your
authorization.
Account Security
Mooksy has been committed to maintaining the security of User
entrusted funds and has implemented industry-standard protection for Mooksy
Services. However, the actions of individual Users may pose risks. You'll agree
to treat your access credentials (username and password) as confidential
information and not to disclose such information to anyone else. You also agree
that you should be solely responsible for taking the necessary security
measures to protect your Mooksy Account and personal information.
You should be solely responsible for keeping your Mooksy Account
and password safe and be accountable for all the transactions under your Mooksy
Account. Mooksy assumes no liability for any loss or consequences caused by
authorized or unauthorized use of your account credentials, including but not
limited to information disclosure, information release, consent, or submission
of various rules and agreements by clicking on the website, online agreement
renewal, etc.
By creating an Mooksy Account, you at this moment agree that:
You will notify Mooksy immediately if you are aware of any unauthorized use of
your Mooksy Account and password or any other violation of security rules; You
will follow all the mechanisms or procedures of Mooksy regarding security,
authentication, trading, charging, and withdrawal, and you will take the proper
steps to log out from Mooksy at the end of each visit.
Mooksy Services
Upon completing the registration and identity verification for
your Mooksy Account, you may use various Mooksy Services, including but not
limited to. By the provisions of these Terms (including Mooksy Platform Rules
and other individual agreements). Mooksy has the right to: Provide, modify, or
terminate, at its discretion, any Mooksy Services based on its development
plan; and allow or prohibit some Users’ use of any Mooksy Services by relevant Mooksy
Platform Rules. Service Usage Guidelines License Provided that you constantly
comply with the express terms and conditions stated in these Terms, Mooksy
grants you a revocable, limited, royalty-free, non-exclusive, non-transferable,
and non-sublicensable license to access and use Mooksy Services through your
computer or Internet-compatible devices for your personal/internal purposes.
You are prohibited from using Mooksy Services for resale or commercial
purposes, including transactions on behalf of other persons or entities. All
the above actions are expressly prohibited and constitute a material violation
of these Terms. The content layout, format, function, and access rights
regarding Mooksy Services should be stipulated at the discretion of Mooksy. Mooksy
reserves all rights not expressly granted in these Terms. Therefore, you are
prohibited from using Mooksy Services in any way not explicitly authorized by
these Terms. These Terms only grant a limited license to access and use Mooksy
Services. Therefore, you now agree that when you use Mooksy Services, Mooksy
does not transfer Mooksy Services or the ownership or intellectual property
rights of any Mooksy intellectual property to you or anyone else. All the text,
graphics, user interfaces, visual interface, photos, sounds, process flow
diagrams, computer code (including HTML code), programs, software, products,
information, and documents, as well as the design, structure, selection,
coordination, expression, look and feel, and layout of any content included in
the services or provided through Mooksy Services, are exclusively owned,
controlled and licensed by Mooksy Operators or its members, parent companies,
licensors or affiliates. Mooksy owns any feedback, suggestions, ideas, or other
information or materials (collectively called “Feedback”) about Mooksy or Mooksy
Services that you provide through email, Mooksy Services, or different ways.
You transfer all rights, ownership, and interests of the Feedback and all
related intellectual property rights to Mooksy. You have no right and, at this
moment, waive any request for acknowledgment or compensation based on any
Feedback or any modifications based on any Feedback.
Restriction
When you use Mooksy Services, you agree and undertake to comply
with the following provisions: During the use of Mooksy Services, all
activities you carry out should comply with the requirements of applicable laws
and regulations, these Terms, and various guidelines of Mooksy; Your use of Mooksy
Services should not violate public interests, public morals, or the legitimate
interests of others, including any actions that would interfere with, disrupt,
negatively affect, or prohibit other Users from using Mooksy Services; You
agree not to use the services for market manipulation (such as pump and dump
schemes, wash trading, self-trading, front running, quote stuffing, and
spoofing or layering, regardless of whether prohibited by law); Without written
consent from Mooksy, the following commercial uses of Mooksy data are not
permitted: 1) Trading services that use Mooksy quotes or market bulletin board
information 2) Data feeding or streaming services that use any market data of Mooksy.
3) Any other websites/apps/services that charge for or otherwise profit from
(including through advertising or referral fees) market data obtained from Mooksy.
Without prior written consent from Mooksy, you may not modify, replicate,
duplicate, copy, download, store, further transmit, disseminate, transfer,
disassemble, broadcast, publish, remove or alter any copyright statement or
label, or license, sub-license, sell, mirror, design, rent, lease, private
label, grant security interests in the properties or any part of the
properties, or create their derivative works or otherwise take advantage of any
part of the properties.
You may not (i) use any deep linking, web crawlers, bots,
spiders or other automatic devices, programs, scripts, algorithms or methods, or
any similar or equivalent manual processes to access, obtain, copy or monitor
any part of the properties, or replicate or bypass the navigational structure
or presentation of Mooksy Services in any way, in order to obtain or attempt to
obtain any materials, documents or information in any manner not purposely
provided through Mooksy Services; (ii) attempt to access any part or function
of the properties without authorization, or connect to Mooksy Services or any Mooksy
servers or any other systems or networks of any Mooksy Services provided
through the services by hacking, password mining or any other unlawful or
prohibited means; (iii) probe, scan or test the vulnerabilities of Mooksy
Services or any network connected to the properties, or violate any security or
authentication measures on Mooksy Services or any network connected to Mooksy
Services; (iv) reverse look-up, track or seek to track any information of any
other Users or visitors of Mooksy Services; (v) take any actions that imposes
an unreasonable or disproportionately large load on the infrastructure of
systems or networks of Mooksy Services or Mooksy, or the infrastructure of any
systems or networks connected to Mooksy services; (vi) use any devices,
software or routine programs to interfere with the regular operation of Mooksy
Services or any transactions on Mooksy Services, or any other person’s use of Mooksy
Services; (vii) forge headers, impersonate, or otherwise manipulate
identification, to disguise your identity or the origin of any messages or
transmissions you send to Mooksy, or (viii) use Mooksy Services in an illegal
way. By accessing Mooksy Services, you agree that Mooksy has the right to
investigate any violation of these Terms, unilaterally determine whether you
have violated these Terms, and take actions under relevant regulations without
your consent or prior notice. Examples of such activities include, but are not
limited to: Blocking and closing order requests; Freezing your account;
Reporting the incident to the authorities; Publishing the alleged violations
and actions that have been taken; Deleting any information you post that is
found to be a violation. Disclaimer of Warranties TO THE MAXIMUM EXTENT
PERMITTED UNDER APPLICABLE LAW, Mooksy SERVICES, Mooksy MATERIALS, AND ANY
PRODUCT, SERVICE, OR OTHER ITEM PROVIDED BY OR ON BEHALF OF Mooksy ARE OFFERED
ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND Mooksy EXPRESSLY DISCLAIMS. YOU
WAIVE ANY AND ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR WARRANTIES ARISING FROM
COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. WITHOUT LIMITING
THE PRECEDING, Mooksy DOES NOT REPRESENT OR WARRANT THAT THE SITE, Mooksy
SERVICES, OR Mooksy MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT,
ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Mooksy DOES NOT
GUARANTEE THAT ANY ORDER WILL BE EXECUTED, ACCEPTED, RECORDED, OR REMAIN OPEN.
EXCEPT FOR THE EXPRESS STATEMENTS, AGREEMENTS, AND RULES OUTLINED IN THESE
TERMS, YOU AT THIS MOMENT ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON
ANY OTHER STATEMENT OR AGREEMENT, WHETHER WRITTEN OR ORAL, CONCERNING YOUR USE
AND ACCESS OF Mooksy SERVICES. WITHOUT LIMITING THE PRECEDING, YOU AT THIS
MOMENT UNDERSTAND AND AGREE THAT Mooksy WILL NOT BE LIABLE FOR ANY LOSSES OR
DAMAGES ARISING OUT OF OR RELATING TO: (A) ANY INACCURACY, DEFECT, OR OMISSION
OF DIGITAL ASSETS PRICE DATA, (B) ANY ERROR OR DELAY IN THE TRANSMISSION OF
SUCH DATA, (C) INTERRUPTION IN ANY SUCH DATA Mooksy (D) REGULAR OR UNSCHEDULED
MAINTENANCE CARRIED OUT BY Mooksy AND SERVICE INTERRUPTION AND CHANGE RESULTING
FROM SUCH MAINTENANCE, (E) ANY DAMAGES INCURRED BY OTHER USERS’ ACTIONS,
OMISSIONS OR VIOLATION OF THESE TERMS, (F) ANY DAMAGE CAUSED BY ILLEGAL ACTIONS
OF OTHER THIRD PARTIES OR ACTIONS WITHOUT AUTHORIZED BY Mooksy; AND (G) OTHER
EXEMPTIONS MENTIONED IN DISCLAIMERS AND PLATFORM RULES ISSUED BY Mooksy. THE
DISCLAIMER OF IMPLIED WARRANTIES CONTAINED HEREIN MAY NOT APPLY IF AND TO THE
EXTENT IT IS PROHIBITED BY APPLICABLE LAW OF THE JURISDICTION IN WHICH YOU
RESIDE. Disclaimer of Damages and Limitation of Liability TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Mooksy, ITS AFFILIATES, AND THEIR
RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS,
AGENTS, REPRESENTATIVES, SUPPLIERS, OR CONTRACTORS BE LIABLE FOR ANY
INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR
LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
DATA, INFORMATION, REVENUE, PROFITS OR OTHER BUSINESSES OR FINANCIAL BENEFITS)
ARISING OUT OF Mooksy SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF Mooksy
SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF
OF Mooksy AND ITS AFFILIATES, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY
OR OTHER THEORY EVEN IF Mooksy HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH
DAMAGES WERE A RESULT OF Mooksy’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT
OR INTENTIONAL VIOLATION OF LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION
MAY NOT APPLY TO YOU.
NOTWITHSTANDING THE PRECEDING, IN NO EVENT WILL THE LIABILITY OF
Mooksy, ITS AFFILIATES, AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS,
OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS, OR
CONTRACTORS ARISING OUT OF SERVICES OFFERED BY OR ON BEHALF OF Mooksy AND ITS
AFFILIATES, ANY PERFORMANCE OR NON-PERFORMANCE OF Mooksy SERVICES, OR ANY OTHER
PRODUCT, SERVICE OR OTHER ITEM, WHETHER UNDER CONTRACT, STATUTE, STRICT
LIABILITY OR OTHER THEORY, EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO Mooksy
UNDER THESE TERMS IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING
RISE TO THE CLAIM FOR LIABILITY. Indemnification You agree to indemnify and
hold harmless Mooksy Operators, their affiliates, contractors, licensors, and
their respective directors, officers, employees, and agents from and against
any claims, actions, proceedings, investigations, demands, suits, costs,
expenses, and damages (including attorneys’ fees, fines or penalties imposed by
any regulatory authority) arising out of or related to (i) your use of, or
conduct in connection with, Mooksy Services, (ii) your breach or our
enforcement of these Terms, or (iii) your violation of any applicable law,
regulation, or rights of any third party during your use of Mooksy Services.
Suppose you must indemnify Mooksy Operators, their affiliates, contractors,
licensors, and their respective directors, officers, employees, or agents under
these Terms. In that case, Mooksy will have the right, in its sole discretion,
to control any action or proceeding and to determine whether Mooksy wishes to
settle and, if so, on what terms. Announcements Please be aware that all
official announcements, news, promotions, competitions, and airdrops will be listed
on https://Mooksy.com. USERS UNDERTAKE TO REFER TO THESE MATERIALS REGULARLY
AND PROMPTLY. Mooksy WILL NOT BE HELD LIABLE OR RESPONSIBLE IN ANY MANNER OF
COMPENSATION SHOULD USERS INCUR PERSONAL LOSSES ARISING FROM IGNORANCE OR
NEGLIGENCE OF THE ANNOUNCEMENTS. Termination of Agreement Suspension of Mooksy
Accounts You agree that Mooksy shall have the right to immediately suspend your
Mooksy Account (and any accounts beneficially owned by related entities or
affiliates), freeze or lock the Digital Assets or funds in all such charges,
and suspend your access to Mooksy for any reason including if Mooksy suspects
any such statements to violate these Terms, our Privacy Policy, or any
applicable laws and regulations. You agree that Mooksy shall not be liable to
you for any permanent or temporary modification of your Mooksy Account or
suspension or termination of your access to all or any portion of Mooksy
Services. Mooksy shall reserve the right to keep and use the transaction data
or other information related to such Mooksy Accounts. The above account
controls may also be applied in the following cases: The Mooksy Account is
subject to a governmental proceeding, criminal investigation, or other pending
litigation; We detect unusual activities in the Mooksy Account; We see
unauthorized access to the Mooksy Account; We are required to do so by a court
order or command by a regulatory/government authority. Cancellation of Mooksy
Accounts In case of any of the following events, Mooksy shall have the right to
directly terminate these Terms by canceling your Mooksy Account and shall enjoy
the right but not the obligation to permanently freeze (cancel) the
authorizations of your Mooksy Account on Mooksy and withdraw the corresponding Mooksy
Account thereof: after Mooksy terminates services to you; you allegedly
register or register in any other person’s name as an Mooksy User again,
directly or indirectly; the information that you have provided is untruthful,
inaccurate, outdated, or incomplete; when these Terms are amended, you state
your unwillingness to accept the amended Terms by applying for cancellation of
your Mooksy Account or by other means; you request that Mooksy Services be
terminated; and any other circumstances where Mooksy deems it should terminate Mooksy
Services. Should your Mooksy Account be terminated, the account and
transactional information that meet data retention standards will be securely
stored for five years. In addition, if a transaction is unfinished during the
account termination process, Mooksy shall have the right to notify your
counterparty of the situation. You acknowledge that a user-initiated account
exit (right to erasure under GDPR or other equivalent regulations) will also be
subjected to the above termination protocol. If Mooksy is informed that any
Digital Assets or funds held in your Mooksy Account are stolen or otherwise are
not lawfully possessed by you, Mooksy may, but has no obligation to, place an
administrative hold on the affected funds and your Mooksy Account. Suppose Mooksy
does lay down an administrative hold on some or all of your funds or Mooksy
Account. In that case, Mooksy may continue such delay until the dispute has
been resolved and evidence of the resolution acceptable to Mooksy has been
provided to Mooksy in a proper form. Mooksy will not involve itself in any such
dispute or the resolution of the conflict. You agree that Mooksy will have no
liability or responsibility for any such hold or for your inability to withdraw
Digital Assets or funds or execute trades during any such delay. Remaining
Funds After Mooksy Account Termination As outlined in paragraph 4 below, once
an Mooksy Account is closed/withdrawn, all remaining account balance (including
charges and liabilities owed to Mooksy) will be payable immediately to Mooksy.
Upon payment of all outstanding charges to Mooksy (if any), Users will have
five business days to withdraw all Digital Assets or funds from the account.
Remaining Funds After Mooksy Account Termination Due to Fraud, Violation of
Law, or Violation of These Terms Mooksy maintains full custody of the Digital
Assets, funds, and User data/information, which may be turned over to
governmental authorities in the event of Mooksy Accounts’ suspension/closure
arising from fraud investigations, investigations of violation of law, or
breach of these Terms. No Financial Advice Mooksy is not your broker,
intermediary, agent, or advisor and has no fiduciary relationship or obligation
to you in connection with any trades or other decisions or activities effected
by you using Mooksy Services. No communication or information provided to you
by Mooksy is intended as or shall be considered or construed as investment
advice, financial advice, trading advice, or any other sort of advice. Unless
otherwise specified in these Terms, all trades are executed automatically based
on the parameters of your order instructions. By posted trade execution
procedures, you are solely responsible for determining whether any investment,
investment strategy, or related transaction is appropriate for you according to
your personal investment objectives, financial circumstances, and risk
tolerance, and you shall be solely responsible for any loss or liability from
that place. You should consult legal or tax professionals regarding your
specific situation. Mooksy does not recommend that any Digital Asset should be
bought, earned, sold, or held by you. Before deciding to buy, sell or hold any
Digital Asset, you should conduct your due diligence and consult your financial
advisors before making any investment decision. Mooksy will not be held
responsible for the decisions you make to buy, sell, or hold Digital assets
based on the information provided by Mooksy.
Compliance with Local Laws
It is the Users’ responsibility to abide by local laws
about the legal usage of Mooksy Services in their local jurisdiction and other
laws and regulations applicable to Users. Users must also factor all aspects of
taxation to the extent of their local laws, the withholding, collection,
reporting, and remittance to their appropriate tax authorities. ALL USERS OF Mooksy
SERVICES ACKNOWLEDGE AND DECLARE THAT THEIR FUNDS COME FROM LEGITIMATE SOURCES
AND DO NOT ORIGINATE FROM ILLEGAL ACTIVITIES; USERS AGREE THAT Mooksy WILL
REQUIRE THEM TO PROVIDE OR OTHERWISE COLLECT THE NECESSARY INFORMATION AND
MATERIALS AS PER RELEVANT LAWS OR GOVERNMENT ORDERS TO VERIFY THE LEGALITY OF
THE SOURCES AND USE OF THEIR FUNDS. Mooksy maintains a stance of cooperation
with law enforcement authorities globally and will not hesitate to seize,
freeze, or terminate Users’ accounts and funds which are flagged out or
investigated by legal mandate. Privacy Policy Access to Mooksy Services will
require the submission of certain personally identifiable information. Please
review Mooksy’s Privacy Policy at https://Mooksy.com for a summary of Mooksy’s
guidelines regarding collecting and using personally identifiable information.
Resolving Disputes: Forum, Arbitration, Class Action Waiver PLEASE READ THIS
SECTION CAREFULLY, AS IT INVOLVES A WAIVER OF CERTAIN RIGHTS TO BRING LEGAL
PROCEEDINGS, INCLUDING CLASS ACTION. Notice of Claim and Dispute Resolution
Period. Please get in touch with Mooksy first! Mooksy would like to address
your concerns without resorting to formal legal proceedings. If you have a
dispute with Mooksy, you should contact Mooksy and a ticket number will be
assigned. Mooksy will attempt to resolve your dispute internally as soon as
possible. The parties agree to negotiate in good faith to resolve the conflict
(which discussions shall remain confidential and be subject to applicable rules
protecting settlement discussions from use as evidence in any legal
proceeding). If the dispute cannot be resolved satisfactorily, and you wish to
assert a legal claim against Mooksy, then you agree to set forth the basis of
such claim in writing in a “Notice of Claim” as a form of prior notice to Mooksy.
The Notice of Claim must (1) describe the nature and basis of the claim or
dispute, (2) set forth the specific relief sought, (3) provide the original
ticket number, and (4) include your Mooksy account email. The Notice of Claim
should be submitted to an email address or hyperlink provided in your
correspondence with Mooksy. After you have provided the Notice of Claim to Mooksy,
the dispute referenced in the Notice of Claim may be submitted by either Mooksy
or you to arbitration by paragraph 2 of this Section below. To avoid doubt,
submitting a dispute to Mooksy for resolution internally and delivering a
Notice of Claim to Mooksy are prerequisites to the commencement of an
arbitration proceeding (or any other legal proceeding). During the arbitration,
the amount of any settlement offer made by you or Mooksy shall not be disclosed
to the arbitrator. Agreement to Arbitrate and Governing Law. You and Mooksy
Operators agree that subject to paragraph 1 above, any dispute, claim, or
controversy between you and Mooksy (and Mooksy Operators) arising in connection
with or relating in any way to these Terms or to your relationship with Mooksy
(and Mooksy Operators) as a user of Mooksy Services (whether based in contract,
tort, statute, fraud, misrepresentation, or any other legal theory, and whether
the claims arise during or after the termination of these Terms) will be
determined by mandatory final and binding individual (not class) arbitration,
except as set forth below under Exceptions to Agreement to Arbitrate. You and Mooksy
Operators further agree that the arbitrator shall have the exclusive power to
rule on their jurisdiction, including without limitation any objections
concerning the existence, scope, or validity of the Agreement to Arbitrate or
the arbitrability of any claim or counterclaim. Arbitration is more informal
than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW
OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in
court. The arbitrator must follow this agreement and can award the same damages
and relief as a court (including, if applicable, attorney fees), except that
the arbitrator may not award declaratory or injunctive relief in favor of
anyone but the parties to the arbitration. The arbitration provisions outlined
in this Section will survive the termination of these Terms—Arbitration Rules.
The arbitration shall be subject to the HKIAC Administered Arbitration Rules
(HKIAC. Rules) in force when the Notice of Arbitration is submitted, as
modified by this Section X.reasoned written decision sufficient to explain the
essential findings and conclusions on which the decision and award, if any, are
based. JUDGMENT ON ANY ARBITRAL AWARD MAY BE GIVEN IN ANY COURT HAVING
JURISDICTION OVER THE PARTY (OR OVER THE ASSETS OF THE PARTY) AGAINST WHOM SUCH
AN AWARD IS RENDERED. Time for Filing: ANY ARBITRATION AGAINST Mooksy OPERATORS
MUST BE COMMENCED BY FILING A REQUEST FOR ARBITRATION WITHIN ONE (1) YEAR AFTER
THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF
THE ACT, OMISSION OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO
RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT period. THIS
ONE-YEAR LIMITATION PERIOD IS INCLUSIVE OF THE INTERNAL DISPUTE RESOLUTION
PROCEDURE SET FOOUTLINED INRAPH 1 OF THIS SECTION, ABOVE THERE SHALL BE NO
RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERPERIOD
applicable law prohibits a one-year limitation period for asserting claims, any
claim must be asserted within the shortest time perperioded by applicable law.
Process; Notice: The party intending to seek arbitration after the expiration
of the Dispute Resolution Period outlined in paragraph 1 above must submit a
request to the HKIAC per the HKIAC Rules. If we ask for arbitration against
you, we will let you know at the email address or mailing address you have
provided. any nonpublic information provided in the arbitration, and any
submissions, orders, or awards made in the arbitration (together, the
“Confidential Information”) shall not be disclosed to any non-party except the
tribunal, the HKIAC, the parties, their counsel, experts, witnesses,
accountants and auditors, insurers and reinsurers, and any other person
necessary to the conduct of the arbitration. Notwithstanding the preceding, a
party may disclose Confidential Information to the extent that disclosure may
be required to fulfill a legal duty, protect or pursue a legal right, or
enforce or challenge an award in bona fide legal proceedings. This
confidentiality provision shall survive termination of these Terms and any
arbitration brought under these Terms. Class Action Waiver You and Mooksy agree
that any claims relating to these Terms or your relationship with Mooksy as a
user of Mooksy Services (whether based on contract, tort, statute, fraud,
misrepresentation, or any other legal theory, and whether the claims arise
during or after the termination of these Terms) shall be brought against the
other party in arbitration on an individual basis only and not as a plaintiff
or class member in a purported class or representative action. You and Mooksy
further agree to waive any right for such claims to be brought, heard, or
arbitrated as a class, collective, expected, or private attorney general action
to the extent permissible by applicable law.
Modifications
Mooksy reserves the right to update, modify, revise, suspend, or
make any future changes to Section X regarding the parties’ Agreement to
Arbitrate, subject to applicable law. You now consent and agree that it is your
responsibility to ensure that your understanding of this Section is current.
Subject to the relevant law, your continued use of your Mooksy account shall be
deemed your acceptance of any modifications to Section X regarding the parties’
Agreement to Arbitrate. You agree that if you object to the changes to Section
X, Mooksy may block access to your account pending the closure of your account.
In such circumstances, the Terms of Use before modification shall remain in
full force and effect pending closure of your account. Severability Suppose any
portion of these Terms is adjudged invalid or unenforceable for any reason or
extent. In that case, the remainder of these Terms will remain valid and
enforceable, and the invalid or unenforceable portion will be given effect to
the greatest extent permitted by law—pending closure of your account.
Miscellaneous Independent Parties. Mooksy is an independent contractor but not
an agent of you in performing these Terms. These Terms shall not be interpreted
as facts or evidence of an association, joint venture, partnership, or
franchise between the parties. Entire Agreement These Terms constitute the
entire agreement between the parties regarding the use of Mooksy Services and
will supersede all prior written or oral agreements between the parties. No
trade or other regular practice or method of dealing between the parties will
be used to modify, interpret, supplement, or alter the terms herein.
Interpretation and Revision Mooksy reserves the right to alter, revise, modify,
and change these Terms at any time. All changes will take effect immediately
upon being published on Mooksy websites. I want you to know that you are
responsible for regularly checking relevant pages on our websites/applications
to confirm the latest version of these Terms. If you do not agree to any such
modifications, your only remedy is to terminate your usage of Mooksy Services
and cancel your account. In these Terms, you agree that Mooksy will not be
responsible for any modification or termination of Mooksy Services by you or
any third party or suspension or termination of your access to Mooksy Services.
Force Majeure Mooksy will not be liable for any delay or failure to perform as
required by these Terms because of any cause or condition beyond Mooksy’s
reasonable control. Severability Suppose any portion of these Terms is held
invalid or unenforceable. In that case, such invalidity or enforceability will
not affect the other provisions of these Terms, which will remain in full force
and effect, and the invalid or unenforceable portion will be given effect to
the greatest extent possible. Assignment You may not assign or transfer any
right to use Mooksy Services or any of your rights or obligations under these
Terms without prior written consent from Mooksy, including any right or
obligation related to the enforcement of laws or the change of control. Mooksy
may assign or transfer any or all of its rights or obligations under these
Terms, in whole or in part, without notice or obtaining your consent or
approval. Waiver The failure of one party to require the performance of any
provision will not affect that party’s right to require performance at any time
after that. At the same time, the waiver of one party to seek recovery for the
other party’s violation of these Terms or any provision of applicable terms
shall not constitute a waiver by that party of any subsequent breach or
violation by the other party or of the provision itself. Third-Party Website
Disclaimer Any links to third-party websites from Mooksy Services do not imply
endorsement by Mooksy of any product, service, information, or disclaimer
presented therein, nor does Mooksy guarantee the accuracy of the information on
them. If you suffer loss from using such third-party products and services, Mooksy
will not be liable for such loss. In addition, since Mooksy has no control over
third-party websites’ terms of use or privacy policies, you should read and
understand those policies carefully. Matters Related to Apple Inc If you use
any device manufactured by Apple Inc. to participate in commercial activities
or reward programs through Mooksy Services, such activities and programs are
provided by Mooksy. They are not associated with Apple Inc. in any
manner.
Contact Information
For more information on Mooksy, refer to the company and license
information on Mooksy websites. If you have questions regarding these Terms,
please get in touch with Mooksy for clarification via our Customer Support
team.