Transaction Platform User Service Agreement of
BRTUOMI GLOBAL LIMITED (hereinafter referred to as ”BGL”) is a company established under the laws of the British Virgin Islands. BGL provides users with transaction service on digital asset derivative by setting up an independent contract transaction service function page (https://www.hbdm.com) (hereinafter referred to as “Webpage” or “We”).
When the user (hereinafter referred to as “You”) use the services provided by the Webpage (hereinafter referred to as “Service”), you shall comply with the Terms and the provisions of the conditional page (“Terms”). This Agreement constitutes an entire agreement between the Webpage and the User (hereinafter referred to as “the Two Parties“) as a whole. Unless otherwise agreed, all other information provided by the Webpage or oral/written statements made are not binding on the Webpage and Users; The transaction policy and operation guideline are only for guidance and do not constitute a legal agreement between the Two Parties.
By accessing, browsing or downloading Webpage information and using the services provided by the Transaction Platform of HBDM, it means that you have read and understood the Terms and unconditionally agree to be bound by the Terms. The Transaction Platform of HBDM may amend the Terms at any time without notice. You agree that the web page has the right to modify, change or delete the terms without notifying you, and agree that any modified terms are binding on you. You confirm that it is your responsibility to regularly check whether there are any changes to terms of this Agreement and that if you continue to use the services provided by the Webpage and the Transaction Platform of HBDM after any changes to the Terms are published, you shall accept any such changes.
The copyright of the Webpage and all text, graphics, pictures, software and any other materials on the Webpage shall be owned by the Transaction Platform of HBDM, including all trademarks and other intellectual property rights related to materials and services of the Webpage. The materials on this Webpage shall only be used for personal purposes and shall be used for commercial purposes.
You can display the excerpt from the Webpage on a computer screen or print it for the above purpose, but you must retain any copyright and other proprietary notices on the original printed or downloaded content or any trademark or logo of the Transaction Platform of HBDM shall not make any changes, additions or deletions. Except as expressly provided in the Terms, no material on the Webpage may be changed, amended, copied, distributed or used in any other commercial environment without the prior written permission of the Transaction Platform of HBDM.
Under any circumstances, you shall not acquire any rights related to the Webpage or any rights related to the Webpage (except the right to use the Webpage under the Terms and any other terms and conditions applicable to specific services or parts of the Webpage) nor claim to own the Webpage or any rights related to the Webpage.
In this Agreement, unless otherwise agreed in the Terms under this Agreement, the following words or expressions shall have the following meanings:
“Agreement”: Refers to the clauses and conditions of use in the Terms.
Transaction Platform of HBDM: Refers to BRTUOMI GLOBAL LIMITED, a company established in the British Virgin Islands.
“Data”: Refers to any data that you enter into the Webpage by yourself or that you authorize to enter into the Webpage.
“Intellectual Property”: Refers to design rights, patents, copyrights, database rights, data protection rights, trademarks, service marks, moral rights, special technologies and any other intellectual or industrial property rights registered or unregistered anywhere in the world.
“VIP”: Refers to any currently registered user of BGL.
“Service”: Refers to all services provided through the Webpage (the Transaction Platform of HBDM may change or update from time to time).
1. Access Conditions
1.1 You shall ensure that all user names and passwords required to access the Webpage are secure and confidential. If you have unauthorized usage of your password or any other violation of security regulations, you shall immediately notify BGL who will reset your password for you;
1.2 When accessing and using services:
a) You shall not attempt to destroy the security or integrity of the Webpage calculating system or network, or, if it is a service hosted by a third party, you shall not destroy the security or integrity of the third party’s calculating system and network;
b) The usage of the Service shall not impair the functionality of the service or system, or functionality of other systems used to transmit the Service, or impair the ability of any other user to use the Service or Webpage, or abuse the Service in the above manner;
c) You shall not attempt to gain unauthorized access to the computer system hosting of this Webpage, or to have unauthorized access to any materials other than those expressly authorized for access;
d) You shall not transmit or enter any documents to the Webpage that may damage any others’ computing equipment or software; offensive content; or materials or data that violate any law (including data or other materials protected by copyright or trade secrets that you shall not have the right to use);
e) You shall not attempt shall to modify, copy, adapt, duplicate, disassemble, decompile or reverse engineering any computer program used to provide services or operate the Webpage, except those necessary for normal operation;
f) All user names and passwords required to access the Webpage shall be ensured to be secure and confidential; If you have unauthorized usage of your password or any other violation of security regulations, you shall immediately notify BGL, who will reset your password for you;
1.3 The usage of services may be limited, including but not limited to the amount of transactions allowed and the number of calls to the Webpage application interface. We will notify you of any such restrictions.
1.4 By registering as a VIP, you represent and guarantee that:
a) You accept the Terms; and
b) You have reached the age of 18 and have the ability to accept the Terms;
c) You legally own the funds transferred to your Webpage account, and the sources of such funds are legal;
d) Using the Webpage service shall not violate the laws of your jurisdiction;
e) You are aware of the risks involved in using the Services provided by the Webpage. These risks include digital currency's own high volatility risk and the risk that you may lose all the funds in the transaction account when the market development trend is unfavorable to you.
f) You will not participate in or initiate any form of market manipulation, including deceptive orders or other acts;
g) The information or documents you provided in any authentication program are accurate, authentic and up-to-date;
h) Any digital currency withdrawal address you provided is your own address and you have full control over that address;
i) You shall also guarantee that you will not be included in any transaction or economic sanctions list, such as the UN Security Council sanctions list, nor will you be restricted or prohibited from applying any transaction platform by the European Union, Hong Kong Administrative Law Enforcement Agencies such as the Hong Kong monetary authority and Hong Kong Customs.
j) You are not a resident of Hong Kong, Cuba, Iran, North Korea, Crimea, Sudan, Malaysia, Syria, United States [including all US territories such as Puerto Rico, American Samoa, Guam, Northern Mariana Islands, US Virgin Islands (St. Croix, St. John and St. Thomas)], Iraq, Bangladesh, Bolivia, Ecuador, Kyrgyzstan, Sevastopol or any other jurisdictions where the services provided by BGL are restricted. If you do not pass the authentication procedure, you will not be allowed to accept any service from the Webpage. If it is determined that you have provided a false residential address statement, BGL can immediately close your account, withdraw your order, and settle any open transactions at the current market price. In case of possible loss of BGL, BGL will directly deduct or recourse.
1.5 BGL reserves the right to verify your identity at any time in order to comply with relevant legal requirements.
1.6 We will impose certain transaction restriction before you are required to conduct Customer Due Diligence (CDD). You agree to cooperate with us in this process and provide all documents/information required by us to verify your identity and the purpose of your business relationship.
1.7 When we suspect or have reason to believe that you have been involved in suspicious transactions or other activities or violate any of the above guarantees, we can freeze any account of you. This may reverse the cancellation of any transactions you have already entered into. We expressly disclaim any liability for any loss or any gain from our the withdrawal of the order and closed the position ahead of schedule or your inability of transaction on the Webpage. You agree to compensate us in full for any third party lawsuits caused by your actions or our early the withdrawal of the order and closed the position. During the period when your account is frozen, we will conduct an investigation and may ask you to cooperate with our investigation. During the investigation, you cannot deposit or withdraw money from your account, nor can you conduct transactions. At the end of the investigation, we can decide to close your account at our own discretion. There is no need to inform you of the relevant reasons.
1.8 We reserve the right to close your account at our discretion after giving a notice seven working days in advance. Therefore, you have 7 working days to withdraw the order and close the position. If you still have not withdrawn the order and closed the position when the deadline expires, we will force the withdrawal of the order and closed the position and return the remaining digital currency in your account to you.
1.9 It is your responsibility to provide us with the correct details, including your withdrawal address. We are not responsible for the fact that you have not received the withdrawn digital currency because the information you provided is inaccurate or expired. You shall also be responsible for ensuring that transactions sent to BGL are properly formatted and priced in the correct currency. BGL is not responsible for any inaccurate transactions, including but not limited to Litecoin sent to Bitcoin addresses.
1.10 We have the responsibility to maintain a good market order. Therefore, we can decide on our own to suspend transactions on the Webpage when the market is disturbed or other related external events occur. We are not responsible for any claimed loss or loss of profits caused by our suspension of transactions.
1.11 In order to protect the rights and interests of Investors, the Platform has the right to carry out early delivery and settlement of contracts under special circumstances (such as system failures, network failures, extreme market conditions, etc.); the types of contracts eligible for such early delivery and settlement, the terms of such contracts as well as the prices of such early delivery and settlement shall be subject to those announced by the Platform.
2. Intellectual Property
2.1 All intellectual property rights related to all materials used on the Webpage, including but not limited to design, structure, layout, graphic images and basic source code, are owned by BGL. All rights are reserved.
2.2 You confirm that all intellectual property rights of BGL and the Webpage shall always be owned by BGL unless otherwise agreed in writing by both parties.
2.3 Submitting content to any public area of the Webpage, including blogs, message boards and forums, means that you have granted BGL exclusive rights and permissions to use, copy, modify, adapt, publish, translate, distribute, publicity, execute, display the content (in whole or in part) or create derivatives thereof, and to incorporate the content into other works in any form, media or technology currently known or later developed, for the entire duration of any rights contained in such content. You also allow any subscriber to access, display, browse, store and copy such content for personal purposes.
2.4 Submitting any content to the Webpage, means that you guarantee to have the right to own the content and all necessary intellectual property rights of the content.
3.2 Webpage user information called in this Agreement refers to information that complies with laws, regulations and relevant regulations and meets the following scope:
a) Personal information provided to the Transaction Platform of HBDM when the user registers on the Webpage;
b) When the user uses the Webpage Service, participates in Webpage activities or visits the Webpage, the Transaction Platform of HBDM automatically receives and records user browser or mobile terminal data, including but not limited to IP address, information in Webpage cookies and Webpage records accessed under the requirement from the user;
c) Personal information of the user legally obtained by the Webpage from business partners;
d) Other personal information of the user legally obtained through legal channels.
3.3 BGL is committed to the following:
a) BGL shall not disclose password, name, mobile phone number and other non-public information of the user to any third party without legal reasons or the user’s prior permission.
b) Under the following legal circumstances, the personal information of the user will be partially or completely disclosed:
i Disclosed to the user or any other third party with the consent of the user;
ii According to laws, regulations and other relevant regulations, or the requirements of administrative organizations, disclosed to administrative, judicial organizations or any other third party stipulated by laws;
iii Other disclosures by BGL in accordance with laws, regulations and other relevant regulations.
4. Data Protection
4.1 BGL can store your relevant information in a database for internal use only. BGL will not disclose your information to any third party, except as required by law and your specific opposite direction.
5. Third Party Webpage
5.1 BGL provides third-party links that are not affiliated or associated with the Webpage (although brands, advertisements, or links of the Transaction Platform of HBDM may be presented on these webpages), BGL can send you email messages containing advertisements or promotions (including third-party links). BGL makes no statement regarding the quality, suitability, functionality or legality of the materials on the linked third-party webpages or any goods and services provided on these webpages. These materials are only provided for your interest and convenience. BGL will not monitor or investigate any third-party webpages. BGL will not assume any responsibility or obligation for any loss caused by the accuracy of the content or materials. The opinions expressed in the materials shall not be regarded as the approval, suggestions or opinions of BGL.
5.2 Under no circumstances may hyperlinks be created to any page of the Webpage without BGL’s prior consent. If you have already created a link to any page of the Webpage, you confirm that you are responsible for all direct or indirect consequences of the link and compensate BGL for all losses, responsibilities, expenses or expenses incurred or related to the link.
6. Warranties and Statements
6.1 You are committed to the following:
a) You have obtained authorization to access and use the Webpage; In particular, the jurisdiction in which you live, hold citizenship or do business allows you to use the Webpage Services;
b) If you use the Webpage on behalf of or for the benefit of any organization, then it is assumed that you have the right to use the Webpage. The organization will be responsible for your actions, including violations of the Terms.
c) You shall use this Webpage and Service at your own risk and agree that BGL shall not be liable for any damage or injury caused by your use of this Webpage and Service;
d) The information provided on the Webpage is for general reference only with good intentions.However, this information is selected and BGL does not verify all the information. For you, this information may be incomplete or inaccurate; Do not rely on this kind of information until there is no further inquiry. This information shall not be interpreted as transaction advice or service advice provided by BGL in a specific way; and
e) BGL does not guarantee the use of the Webpage to be free from interference or errors. In addition, the operation and availability of the system used to access the Webpage, including public telephone service, computer network and Internet, are unpredictable and may interfere with or hinder the access of the Webpage. BGL does not assume any responsibility for any such interference that prevents you from accessing or using this Webpage and Service.
6.2 BGL has not given any guarantee about the Webpage. Without limiting the aforesaid provisions, BGL does not guarantee that the Webpage meets your requirements or is suitable for your purpose. For the avoidance of doubt, to the extent permitted by law, BGL does not make any implied conditions or warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, ownership and non-infringement.
6.3 You represent and warrant that you have access to and use of the Webpage for commercial purposes and agree to these Terms; to the fullest extent permitted by law, to protect statutory consumer guarantees or laws of non-commercial consumers in any jurisdiction not applicable to the content provided on this Webpage or to the Term.
7. Service Performance
7.1 Under the condition that you or any third party provides computer equipment and the product relies on any of its functions, BGL does not assume any responsibility for the timely operation of the Webpage in the Internet environment.
7.2 By using this Service, you confirm that your understanding of whether the Internet and the World Wide Web can run in a timely manner is not controlled by BGL. You acknowledge that BGL is not responsible for any perceived slow running of the Webpage.
7.3 By using this Service, you accept that all transactions are final and irreversible.
7.4 By using this Service, you accept that BGL reserves the right to liquidate any transaction at any time, regardless of profit or loss of position.
7.5 BGL does not guarantee the following points:
a) The service meets your requirements;
b) The service will not be interrupted, and the service will be timely, safe or error-free;
c) The information provided through the service is accurate, reliable or correct;
d) Any errors or defects will be corrected or services can be provided at any specific time or place.
7.6 You assume full responsibility and risk of loss arising from your usage of the service.
8.1 You agree to compensate BGL, its contractors, licensor and respective directors, executives, employees and agents for any and all claims and expenses (including attorneys’ fees) arising from your usage of the Webpage, including but not limited to your violation of this Agreement to ensure that they are not harmed thereby.
9. Refusal to Guarantee and Exemption
9.1 BGL, as the third party platform of “Network Service Provider”, shall not guarantee that the information and services on the Webpage platform can fully meet the needs of the user. BGL shall not assume any legal responsibility for any errors, insults, slanders, omissions, obscenities, pornography or blasphemy that the user may encounter in accepting BGL’s services.
9.2 Due to the particularity of the Internet, BGL also shall not guarantee that the Service will not be interrupted, nor shall it guarantee the timeliness and security of the Service, nor shall it assume any responsibility that is not caused by BGL. BGL strives to enable the user to access and use this Webpage safely, but BGL does not declare or guarantee that this Webpage or its servers are free of viruses or other potentially harmful factors. Therefore, the user shall use software recognized by the industry to detect and kill any viruses in files downloaded from BGL.
9.3 BGL is not responsible for the failure to save, modify, delete or store the information released by the user. BGL is not responsible for typographical errors and negligence on the Webpage that are not caused by the Transaction Platform of HBDM on purpose. BGL has the right, but has no obligation, to improve or correct omissions and errors in any part of this Webpage.
9.4 Unless expressly agreed in writing, BGL shall not guarantee the accuracy, integrity and reliability of any content information obtained by the user including but not limited to including, via, connecting or downloading from this Webpage in any way, including but not limited to advertisements, etc. BGL does not assume responsibility for any products, services, information or materials purchased or acquired by the user due to the content information on this Webpage. The user shall bear the risk caused by using the information content of this Webpage.
9.5 The user comments published by all users on the Webpage only represent personal views of the users and do not mean that this Webpage agrees with the views or confirms the descriptions. This Webpage shall not assume any legal responsibility arising from the user comments.
9.6 BGL has the right to delete all kinds of information on the Webpage that does not conform to laws or agreements, and reserves the right not to notify the user.
9.7 All notices sent to the user will be delivered by BGL through official page announcements, station letters, e-mails, customer service calls, SMS or regular letters. BGL shall not assume any legal responsibility for any activities or information such as winnings, discounts, and the like that are not obtained through formal channels of the Webpage.
9.8 BGL has the right to adjust the charging, withdrawal and transaction fee rates according to the market conditions, and has the right to decide the termination of the free promotion period.
10.1 All calculations performed by the Webpage transaction engine and verified by the Webpage are final results. As in Section 6.1<e)> stated, BGL does not guarantee that the usage of this Webpage will be uninterrupted or free of error;
11. Conform to Your Local Laws
11.1 You are personally responsible for determining whether and to what extent to pay the relevant tax authorities the corresponding tax after deducting the correct amount of income from any transaction through the Service. In addition, you agree to abide by all relevant local laws. Regarding the prevention of the financing of terrorism and anti-money laundering activities, the Transaction Platform of HBDM voluntarily conducts Customer Due Diligence (CDD) as appropriate to prevent the risk of money laundering and terrorist financing and will cooperate with local authorities. When the court finds that any clause of the Terms is invalid, ineffective, unenforceable or illegal, the validity and enforceability of other clauses are not affected. BGL can control, restrict or empty your account and digital assets as appropriate or in coordination with local law enforcement agencies.
12. General terms
12.1 BGL’s failures to perform or delay to perform any clause or fail to perform or delay to perform any right under the Terms shall not be construed as a waiver of any of our rights.
12.2 In case of failure to fulfill obligations due to reasons other than reasonable control, including natural disasters, riots, wars, malicious acts of sabotage, fires, power outages, and government functions and powers, neither party shall be liable for this.
12.3 When the court finds that any clause of the Terms is invalid, ineffective, unenforceable or illegal, the validity and enforceability of other clauses are not affected. If it is determined that any clause is not enforceable, you agree that BGL, within the scope permitted by applicable law, modifies the clause to ensure that it is fulfilled.
12.4 The terms of this Agreement and your usage of services will be governed and interpreted by Singapore’s laws and will not be subject to its conflict of laws provisions. You agree that all disputes arising out of or related to this Agreement shall be irrevocably and unconditionally agreed, and any litigation or dispute arising out of this clause will be submitted to Singapore International Arbitration Center for arbitration.
12.5 If any clause of this Agreement is deemed to be illegal, invalid or unenforceable for any reason, such clause shall be deemed to be severable and shall not affect the legal effect of any other clauses.
12.6 The provisions of this Agreement provide for a complete understanding of the Service by both parties, replacing all previous understandings and communications related to them. Any other documents inconsistent with the provisions of the Terms will not be binding on BGL. You declare and guarantee that all information disclosed to BGL in connection with the Service Terms is true, accurate and complete.