Terms and Conditions of Using Nesoex
This User Agreement is concluded between you ("You" or "User") and Nesoex Trading Platform ("we", "us", "our", "Nesoex", or the "Platform"). By using, accessing, or attempting to use or access the Nesoex website (https://www.nesoex.com), apps, or any other services provided by Nesoex or its affiliated companies (the "Services"), you are deemed to have read and agreed to all the terms and conditions specified in this User Agreement and Privacy Policy ("Agreement"), as well as any amendments and updates we may make thereto, and any other agreements, terms, conditions, guidelines, rules, or written instructions published by Nesoex on its website, apps, or other Services, including amendments and changes from time to time (collectively, the "Legal Documents"). If you do not agree or otherwise understand the nature of this Agreement and the Legal Documents, do not access Nesoex or use the corresponding Nesoex Services.
- This User Agreement is concluded between you ("You" or "User") and Nesoex Trading Platform ("we", "us", "our", "Nesoex", or the "Platform"). By using, accessing, or attempting to use or access the Nesoex website (https://www.nesoex.com), apps, or any other services provided by Nesoex or its affiliated companies (the "Services"), you are deemed to have read and agreed to all the terms and conditions specified in this User Agreement and Privacy Policy ("Agreement"), as well as any amendments and updates we may make thereto, and any other agreements, terms, conditions, guidelines, rules, or written instructions published by Nesoex on its website, apps, or other Services, including amendments and changes from time to time (collectively, the "Legal Documents"). If you do not agree or otherwise understand the nature of this Agreement and the Legal Documents, do not access Nesoex or use the corresponding Nesoex Services.
- BY MAKING USE OF Nesoex SERVICES, YOU ACKNOWLEDGE AND AGREE THAT: (1) YOU ARE AWARE OF THE RISKS ASSOCIATED WITH TRANSACTIONS OF DIGITAL ASSETS AND THEIR DERIVATIVES; (2) YOU SHALL ASSUME ALL RISKS RELATED TO THE USE OF Nesoex SERVICES AND TRANSACTIONS OF DIGITAL ASSETS AND THEIR DERIVATIVES; AND (3) Nesoex SHALL NOT BE LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES.
- If you would like to know more about the risks associated with investing in or trading Digital Assets, you can access our Risk Disclosure Statement at https://www.nesoex.com/risk
- IMPORTANT
- It is your sole responsibility to ensure that the computer used for the trading and liquidity of Digital Assets is secure. Due to web page display and safety considerations, it is strongly recommended that users utilize the latest version of Google Chrome to log in to Nesoex. Users shall bear responsibility themselves for any losses or damages suffered as a result thereof.
- PROHIBITED COUNTRIES
- RISK DISCLOSURE
- YOU MUST FULLY UNDERSTAND AND ASSESS THE RISKS IN DIGITAL ASSETS TRADING BEFORE CONDUCTING ANY TRADING ACTIVITIES OR USING OUR SERVICES; YOU MUST CAREFULLY ASSESS YOUR RISK TOLERANCE BEFORE ENGAGING IN DIGITAL ASSETS TRADING.
- (a) POLICY RISK: Users of Nesoex may encounter losses due to amendments of national laws, regulations, or macro-policies which may affect the normal trade of Digital Assets.
- (b) COMPLIANCE RISK: Users of Nesoex may face losses if their Digital Assets trade violates national laws or regulations.
- (c) INVESTMENT YIELD RISK: The Digital Asset market never closes, and prices can fluctuate widely, potentially leading to losses.
- (d) TRADING RISK: Successful transfers depend on mutual consent of the parties involved, and Nesoex does not guarantee successful transfers.
- (e) FORCE MAJEURE RISK: In the event of natural disasters, war, strikes, cyber attacks, or other unpredictable and unavoidable circumstances, Nesoex may not be able to operate normally, leading to user losses. Nesoex assumes no civil liabilities for losses caused by force majeure.
- (f) RISK OF DELISTING: If a Digital Asset project faces bankruptcy, liquidation, dissolution, or violates national laws or regulations—or upon request of the project party—Nesoex may delist such Digital Assets, potentially causing losses for users.
- (g) TECHNICAL RISK: Although technical faults are rare, they cannot be fully excluded. If they occur, user interests may be adversely affected.
- (h) OPERATIONS RISK: Users may face risks due to operational errors such as transfers to the wrong accounts or violations of operational guidelines.
- (i) RISK OF ACCOUNT FREEZE: User accounts may be frozen or confiscated by judicial institutions in the event of debt fraud or alleged crimes.
- Eligibility and Registration
- 4) By registering for a Nesoex Account or using or otherwise accessing Nesoex Services, you represent and warrant that: (i) you are of legal age; (ii) you have full legal capacity and authority to enter into this Agreement; (iii) you have not been previously suspended or removed from Nesoex; (iv) you do not already have a Nesoex Account; (v) you are not located in a Prohibited Country; (vi) if you act on behalf of a legal entity, you have all the necessary rights to do so; and (vii) your use of Nesoex will not violate any laws or regulations, including anti-money laundering, anti-corruption, and counter-terrorist financing.
- Account Security Management and User Information
- 7) Users are solely responsible for maintaining the confidentiality of their Nesoex account and password, as well as for all activities conducted under their account. They assume full responsibility for all actions or statements made with their credentials.
- 8) If a user discovers that a third party is using or misappropriating their account or password, they must promptly notify Nesoex to suspend the relevant services. Otherwise, the user alone bears any responsibilities arising from such use. Nesoex is not liable for losses occurring before Nesoex takes action.
- 9) If Nesoex unilaterally determines that any event undermines trading security, Nesoex may suspend, interrupt, or terminate all or part of the Services without liability to the user or any third party.
- Nesoex Services
- (a) User Accounts: A user account is generated upon registration and is used to log in to Nesoex and access the services.
- (b) Digital Asset Trading: Users can place trading instructions for digital assets through Nesoex and use their account balances for transactions.
- (c) Digital Assets Deposit and Withdrawal: Users can transfer digital assets from or to their Nesoex account.
- (d) Updating Trading Status: Any confirmation by the user is deemed irrevocable, authorizing Nesoex to conduct the corresponding transaction.
- (e) Transmission of Trading Instructions: Nesoex only transmits user instructions. Nesoex does not guarantee that any transaction will be successfully completed.
- (f) Transaction Inquiry: Nesoex records all user activities, which can be viewed by the user in their account.
- (g) Transaction Security Settings: Nesoex may periodically modify security and transaction limits for user protection.
- (h) Handling of System Failures: If an error due to a system failure or other reason is discovered, Nesoex has the right to correct it.
- (i) Peer-to-Peer Service: Nesoex provides a platform for direct trading of digital assets between users.
- (j) Digital Assets Futures Trading Service: Nesoex offers high-leverage futures trading, which can lead to partial or total loss of assets.
- (k) Copy Trading Service: Users can copy trades from another user. The copying party is the “Follower” and the original trader is the “Trader.”
- (l) Fiat Services: Nesoex collaborates with various partners to facilitate converting fiat currency into digital assets via bank transfers, credit/debit cards, or a Nesoex Mastercard.
- (m) Other services provided by Nesoex from time to time.
- Rules of Services
- 17) By using Nesoex Services, you agree to abide by applicable laws, this Agreement, and Nesoex’s guidelines.
- 18) You acknowledge that Nesoex can investigate any violation of this Agreement, determine whether a violation occurred, and take actions such as freezing accounts or informing authorities without your consent or prior notice.
- 19) Nesoex prohibits certain activities deemed illegal under applicable law (e.g., money laundering, fraud, or market manipulation) and may monitor account activities accordingly.
- 20) If Nesoex suspects a prohibited activity, it may suspend or terminate the account immediately.
- Account Restrictions
- 21) In addition to other provisions, you agree that Nesoex may, at any time and without notice, block orders, close an account, freeze assets, or delete user-posted content if a violation is suspected.
- 22) You further acknowledge that Nesoex may investigate and take necessary measures if it suspects any violation of law or this Agreement.
- Fees
- 23) Nesoex has the right to set, adjust, or terminate service charges or promotions at its sole discretion, at any time.
- 24) Unless stated otherwise, you agree that Nesoex may deduct applicable fees directly from your account assets.
- 25) Fees may vary by region or country of residence.
- Liabilities
- 26) Nesoex provides Services on an “as-is” and “as-available” basis, with no express or implied warranties, including suitability or accuracy.
- 27) Nesoex is not responsible for the accuracy, completeness, or legality of information released by digital asset projects. Users bear the risk of trading based on such information.
- 28) Disclaimer of Warranties: To the maximum extent permitted by law, Nesoex disclaims all warranties, express or implied, and provides Services 'as is.'
- 29) Disclaimer of Damages and Limitation of Liability: Nesoex and its partners are not liable for indirect, incidental, or special damages, except in cases of gross negligence, fraud, or willful misconduct under applicable law.
- 30) You agree to indemnify Nesoex, its affiliates, and agents from any claims or losses arising from your use of Nesoex Services or violation of this Agreement or any applicable laws.
- Termination of Services
- 31) Nesoex may, at its sole discretion and without prior notice, suspend or terminate any or all Services and freeze your account, without liability to you.
- 32) If Nesoex suspects a violation of this Agreement or relevant laws, it may suspend access or freeze assets while retaining relevant data.
- 33) Nesoex may, under certain conditions, directly cancel an account and revoke all associated authorizations.
- 34) If Nesoex becomes aware of stolen or unlawfully obtained assets in your account, it may impose an administrative hold.
- 35) Once an account is closed, all outstanding charges and liabilities become immediately due. After settlement, you may withdraw remaining digital assets if permitted.
- 36) Nesoex may provide user data or assets to authorities when an account is suspended due to fraud investigations or legal violations.
- 37) Nesoex may require you to close open positions and withdraw your assets within a specified time, failing which Nesoex may act at its sole discretion.
- 38) Even after suspension, Nesoex may retain trade records, and the user remains liable for any violations committed while using the Services.
- Intellectual Property
- 39) All intellectual property rights, including designs, logos, databases, and software, belong to Nesoex.
- 40) By accepting this Agreement, you voluntarily assign any copyrights of content posted on Nesoex to Nesoex.
- 41) Users shall not unlawfully use or exploit the intellectual property rights of Nesoex or others.
- 42) Logging in to Nesoex or using the Services does not grant you any IP rights unless explicitly stated.
- No Professional Advice
- 43) Nesoex is neither a financial advisor, broker, intermediary, nor agent, and has no fiduciary duty to users. Any information provided is not financial, legal, or tax advice. Users alone are responsible for their decisions and the associated risks.
- Governing Law, Dispute Settlement, Class Action Waiver
- 44) Notice of Claim and Dispute Resolution: Please contact Nesoex prior to initiating legal proceedings. If unresolved, you must submit a written Notice of Claim detailing the dispute and relief sought.
- 45) The Notice of Claim must describe the dispute, the relief sought, the original ticket number, and your Nesoex account email.
- 46) After providing the Notice of Claim, either party may submit the dispute to arbitration. Submitting the dispute internally and providing the Notice of Claim are prerequisites to arbitration.
- 47) Agreement to Arbitrate: The parties agree to mandatory final and binding individual (not class) arbitration. Arbitration is simpler than a court trial, with limited judicial review.
- 48) Arbitration Rules: The process is administered under HKIAC rules in English, unless otherwise agreed. The arbitrator issues a reasoned written decision.
- 49) Governing Law: This Agreement is governed by the laws of England and Wales, excluding conflict of laws rules. 50) Class Action Waiver: The parties agree to bring any claims solely on an individual basis.
- Know-Your-Customer and Anti-Money-Laundering Policy
- 51) We comply with KYC and AML laws and will not knowingly violate them.
- 52) Users must provide complete and accurate identity information.
- 53) Nesoex may request additional documents to verify accuracy.
- 54) Users agree to update any changes in their information promptly.
- 55) Requirements may vary by jurisdiction.
- 56) For individuals, we may request name, address, date of birth, nationality, and a photograph.
- 57) For legal entities, we may request registration documents, shareholding structures, and board resolutions.
- 58) We accept supporting documents in English or notarized translations only.
- 60) Nesoex uses reasonable measures to monitor transactions for suspicious or fraudulent activities.
- 61) If a specific trade is deemed suspicious, Nesoex may suspend or deny the trade, reverse it if possible, and report to authorities without notifying the user.
- Sanctions
- 62) We reserve the right to reject registration from applicants failing AML standards or considered politically exposed. We may suspend or terminate suspicious trades at our discretion.
- Miscellaneous
- 63) Independent Parties: Nesoex acts as an independent contractor and is not an agent or partner of the user.
- 64) Entire Agreement: This document constitutes the entire agreement regarding Nesoex Services, superseding any prior agreements.
- 65) Interpretation and Revision: Nesoex may revise this Agreement at any time, effective upon publication. You must check the latest version.
- 66) Language & Translations: If translated, the English version controls in case of conflict.
- 67) Force Majeure: Nesoex is not liable for delays or failures caused by events beyond its reasonable control.
- 68) Severability: If any provision is deemed invalid, the remainder continues in effect to the fullest extent allowed.
- 69) Assignment: You may not assign your rights or obligations without prior written consent. Nesoex may assign any rights at any time.
- 70) Waiver: Failing to enforce a provision does not waive the right to enforce it later.
- 71) Third-Party Website Disclaimer: Links to external sites do not constitute an endorsement by Nesoex, which assumes no responsibility for external content.