These QGR Terms of Use is entered into between you (hereinafter referred to as “you” or “your”) and QGR operators (as defined below). By accessing, downloading, using or clicking on “I agree” to accept any QGR Services (as defined below) provided by QGR (as defined below), you agree that you have read, understood and accepted all of the terms and conditions stipulated in these Terms of Use (hereinafter referred to as “these Terms”) as well as our Privacy Policy. In addition, when using some features of our 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 QGR 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 set forth 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 QGR 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 QGR SERVICES AND TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES; AND (3) QGR SHALL NOT BE LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES.
By accessing, using or attempting to use QGR Services in any capacity, you acknowledge that you accept and agree to be bound by these Terms. If you do not agree, do not access QGR or utilize QGR services.
I. Definitions
- QGR refers to an ecosystem comprising QGR websites), mobile applications, clients, applets and other applications that are developed to offer QGR Services, and includes independently-operated platforms, websites and clients within the ecosystem (e.g. QGR’s Open Platform, QGR Launchpad, Labs, QGR Charity, DEX, X, JEX, Trust Wallet, and fiat gateways). In case of any inconsistency between relevant terms of use of the above platforms and the contents of these Terms, the respective applicable terms of such platforms shall prevail.
- QGR Accounts refer to the foundational virtual accounts, including main accounts and subaccounts, which are opened by QGR for Users to record on QGR their usage of QGR Services, transactions, asset changes and basic information. QGR Accounts serve as the basis for Users to enjoy and exercise their rights on QGR.
- QGR Fiat Account means the record of your fiat currencies’ balance (if any), which is enabled through an electronic money wallet (or similar account) service that is provided by a Fiat Partner.
- QGR Operators refer to all parties that run QGR, including but not limited to legal persons, unincorporated organizations and teams that provide QGR Services and are responsible for such services. For convenience, unless otherwise stated, references to “QGR” and “we” in these Terms specifically mean QGR Operators. UNDER THESE TERMS, QGR OPERATORS MAY CHANGE AS QGR’S BUSINESS ADJUSTS, IN WHICH CASE, THE CHANGED OPERATORS SHALL PERFORM THEIR OBLIGATIONS UNDER THESE TERMS WITH YOU AND PROVIDE SERVICES TO YOU, AND SUCH CHANGE DOES NOT AFFECT YOUR RIGHTS AND INTERESTS UNDER THESE TERMS. ADDITIONALLY, THE SCOPE OF QGR OPERATORS MAY BE EXPANDED DUE TO THE PROVISION OF NEW QGR SERVICES, IN WHICH CASE, IF YOU CONTINUE TO USE QGR SERVICES, IT IS DEEMED THAT YOU HAVE AGREED TO JOINTLY EXECUTE THESE TERMS WITH THE NEWLY ADDED QGR 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.
- QGR Services refer to various services provided to you by QGR that are based on Internet and/or blockchain technologies and offered via QGR websites, mobile applications, clients and other forms (including new ones enabled by future technological development). QGR Services include but are not limited to such QGR ecosystem components as Digital Asset Trading Platforms, the financing sector, QGR Labs, QGR Academy, Charity, Info, Launchpad, Research, Chain, X, Fiat Gateway, existing services offered by Trust Wallet and novel services to be provided by QGR.
- QGR Platform Rules refer to all rules, interpretations, announcements, statements, letters of consent and other contents that have been and will be subsequently released by QGR, as well as all regulations, implementation rules, product process descriptions, and announcements published in the Help Center or within products or service processes.
- Collateral Accounts refer to special accounts opened by Users on QGR to deposit and withdraw collateral (such as margins) in accordance with these Terms (including the QGR Contract Services Agreement and QGR Platform Rules), as required for contract transactions, leveraged trading and/or currency borrowing services.
- Digital Currencies refer to encrypted or digital tokens or cryptocurrencies with a certain value that are 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 types of digitalized assets with a certain value.
- Fiat Partner means any third party service provider, with which QGR may partner in connection with any Fiat Services.
- Fiat Services means:
(a) crediting your QGR Fiat Account with one or more fiat currencies either via a bank transfer, or with your debit card or credit card;
(b) purchasing Digital Assets at spot prices with one or more fiat currencies by using either your QGR Fiat Account balance, or your debit card or credit card;
(c) selling Digital Assets at spot prices for fiat currencies and crediting the corresponding proceeds of sale either to your QGR Fiat Account, or to your debit card or credit card;
(d) withdrawing one or more fiat currencies from your QGR Fiat Account either into your bank account, or to your debit card or credit card.
- KYC refers to the “know-your-customer” process that QGR has put in place before entering into a business relationship or conducting transactions with its Users. As part of this process, QGR may do anything that it deems necessary in order to identify Users, verify their identity, scrutinize and investigate User transactions, or comply with any applicable law or regulation.
- Loan/Lending refers to QGR’s lending of Digital Currencies to Users at an interest collected in certain ways (in the form of Digital Currencies), including but not limited to the leveraged trading and currency lending services currently offered, and other forms of loan/lending services to be launched by QGR.
- Spot Trading means buying or selling supported Digital Assets and/or any supported fiat currency on the exchange for immediate settlement.
- Users refer to all individuals, institutions or organizations that access, download or use QGR or QGR Services and who meet the criteria and conditions stipulated by QGR. If there exist other agreements for such entities as developers, distributors, market makers, and Digital Currencies exchanges, such agreements shall be followed.
II. General Provisions
- About These Terms
- Contractual Relationship
These Terms constitute a legal agreement and create a binding contract between you and QGR Operators.
- Supplementary Terms
Due to the rapid development of Digital Currencies and QGR, these Terms between you and QGR Operators do not enumerate or cover all rights and obligations of each party, and do not guarantee full alignment with needs arising from future development. Therefore, THE PRIVACY POLICY (()), QGR PLATFORM RULES, AND ALL OTHER AGREEMENTS ENTERED INTO SEPARATELY BETWEEN YOU AND QGR ARE DEEMED SUPPLEMENTARY TERMS THAT ARE AN INTEGRAL PART OF THESE TERMS AND SHALL HAVE THE SAME LEGAL EFFECT. YOUR USE OF QGR SERVICES IS DEEMED YOUR ACCEPTANCE OF THE ABOVE SUPPLEMENTARY TERMS.
- Changes to These Terms
QGR reserves the right to change or modify these Terms in its discretion at any time. QGR will notify such changes by updating the terms on its website () and modifying 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 QGR 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 QGR 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 QGR SERVICES.
- Prohibition of Use
BY ACCESSING AND USING QGR SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE NOT BEEN INCLUDED IN ANY TRADE EMBARGOES OR ECONOMIC SANCTIONS LIST (SUCH AS THE UNITED NATIONS SECURITY COUNCIL SANCTIONS LIST), THE LIST OF SPECIALLY DESIGNATED NATIONALS MAINTAINED BY OFAC (THE OFFICE OF FOREIGN ASSETS CONTROL OF THE U.S. DEPARTMENT OF THE TREASURY), OR THE DENIED PERSONS OR ENTITY LIST OF THE U.S. DEPARTMENT OF COMMERCE. QGR RESERVES THE RIGHT TO CHOOSE MARKETS AND JURISDICTIONS TO CONDUCT BUSINESS, AND MAY RESTRICT OR REFUSE, IN ITS DISCRETION, THE PROVISION OF QGR SERVICES IN CERTAIN COUNTRIES OR REGIONS.
- About QGR
As an important part of the QGR Ecosystem, QGR mainly serves as a global online platform for Digital Assets trading, and provides Users with a trading platform, financing services, technical services and other Digital Assets-related services. As further detailed in Article 3 below, Users must register and open an account with QGR, and deposit Digital Assets into their account prior to trading. Users may, subject to the restrictions set forth in these Terms, apply for the withdrawal of Digital Assets.
Although QGR has been committed to maintaining the accuracy of the information provided through QGR Services, QGR cannot and does not guarantee its accuracy, applicability, reliability, integrity, performance or appropriateness, nor shall QGR be liable for any loss or damage that may be caused directly or indirectly by your use of these contents. The information about QGR Services may change without notice, and the main purpose of providing such information is to help Users make independent decisions. QGR does not provide investment or consulting advice of any kind, and is not responsible for the use or interpretation of information on QGR or any other communication medium. All Users of QGR Services must understand the risks involved in Digital Assets trading, and are recommended to exercise prudence and trade responsibly within their own capabilities.
- QGR Account Registration and Requirements
- Registration
All Users must apply for a QGR Account before using QGR Services. When you register a QGR Account, you must provide the information identified in this paragraph 3 or otherwise as requested by QGR, and accept these Terms, the Privacy Policy, and other QGR Platform Rules. QGR may refuse, in its discretion, to open a QGR Account for you. You agree to provide complete and accurate information when opening a QGR Account, and agree to timely update any information you provide to QGR to maintain the integrity and accuracy of the information. Each User (including natural person, business or legal entity) may maintain only one main account at any given time. However, Users can open one or more subaccounts under the main account with the consent of QGR. For certain QGR Services, you may be required to set up a specific account independent from your QGR 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 Terms or the Supplementary Terms.
- Eligibility
By registering to use a QGR Account, you represent and warrant that: (i) as an individual, you are at least 18 or are of legal age to form a binding contract under applicable laws; (ii) as an individual, legal person, or other organization, you have full legal capacity and sufficient authorizations to enter into these Terms; (iii) you have not been previously suspended or removed from using the QGR Platform or the QGR Services; (iv) you do not have an existing QGR Account; (v) you are not resident, located in or otherwise attempting to access the QGR Platform or the QGR Services from, or otherwise acting on behalf of a person or legal entity that is resident or located in, a Restricted Location. For the purposes hereof, “Restricted Location” shall include Malaysia, Netherlands and such other locations as designated by QGR Operators from time to time as a “Restricted Location” for the purposes hereof; (vi) if you act as an employee or agent of a legal entity, and enter into these Terms on their behalf, you represent and warrant that you have all the necessary rights and authorizations to bind such legal entity and to access and use the QGR Platform and QGR Services on behalf of such legal entity; and (vii) your use of the QGR Platform and the QGR Services will not violate any and all laws and regulations applicable to you or the legal entity on whose behalf you are acting, including but not limited to regulations on anti-money laundering, anti-corruption, and counter-terrorist financing.
Please note that there are legal requirements in various countries which may restrict the products and services that QGR Operators can lawfully provide. Accordingly, some products and services and certain functionality within the QGR Platform may not be available or may be restricted in certain jurisdictions or regions or to certain users. You shall be responsible for informing yourself about and observing any restrictions and/or requirements imposed with respect to the access to and use of the QGR Platform and the QGR Services in each country from which the QGR Platform and the QGR Services are accessed by you or on your behalf. QGR Operators reserve the right to change, modify or impose additional restrictions with respect to the access to and use of the QGR Platform and/the QGR Services from time to time at their discretion at any time without prior notification.
- User Identity Verification
Your registration of an account with QGR will be deemed your agreement to provide required personal information for identity verification. Such information will be used to verify Users’ identity, identify traces of money laundering, terrorist financing, fraud and other financial crimes through QGR, or for other lawful purposes stated by QGR. We will collect, use and share such information in accordance with 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/or 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, QGR 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 QGR SERVICES WE PROVIDE FOR YOU. IF WE ARE UNABLE TO REACH YOU WITH THE CONTACT INFORMATION YOU PROVIDED, YOU SHALL BE FULLY LIABLE FOR ANY LOSS OR EXPENSE CAUSED TO QGR DURING YOUR USE OF QGR SERVICES. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE THE OBLIGATION TO UPDATE ALL THE INFORMATION IF THERE IS ANY CHANGE.BY REGISTERING AN ACCOUNT, YOU HEREBY AUTHORIZE QGR TO CONDUCT INVESTIGATIONS THAT QGR CONSIDERS NECESSARY, EITHER DIRECTLY OR THROUGH A THIRD PARTY, TO VERIFY YOUR IDENTITY OR PROTECT YOU, OTHER USERS AND/OR QGR 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 QGR Account can only be used by the account registrant. QGR reserves the right to suspend, freeze or cancel the use of QGR Accounts by persons other than account registrant. If you suspect or become aware of any unauthorized use of your username and password, you should notify QGR immediately. QGR assumes no liability for any loss or damage arising from the use of QGR Account by you or any third party with or without your authorization.
- Account Security
QGR has been committed to maintaining the security of User entrusted funds, and has implemented industry standard protection for QGR Services. However, the actions of individual Users may pose risks. You shall agree to treat your access credentials (such as username and password) as confidential information, and not to disclose such information to any third party. You also agree to be solely responsible for taking the necessary security measures to protect your QGR Account and personal information.
You should be solely responsible for keeping safe of your QGR Account and password, and be responsible for all the transactions under your QGR Account. QGR 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 a QGR Account, you hereby agree that:
you will notify QGR immediately if you are aware of any unauthorized use of your QGR Account and password or any other violation of security rules;
you will strictly abide by all mechanisms or procedures of QGR regarding security, authentication, trading, charging, and withdrawal; and
you will take appropriate steps to logout from QGR at the end of each visit.
III. QGR Services
Upon completion of the registration and identity verification for your QGR Account, you may use various QGR Services, including but not limited to, Spot Trading, Fiat Services, contract trading, leveraged trading, QGR Savings services, staking, acquiring market-related data, research and other information released by QGR, participating in User activities held by QGR, etc., in accordance with the provisions of these Terms (including QGR Platform Rules and other individual agreements). QGR has the right to:
Provide, modify or terminate, in its discretion, any QGR Services; and
Allow or prohibit some Users’ use of any QGR Services in accordance with relevant QGR Platform Rules.
QGR has the exclusive authority to determine which Digital Assets are listed on the platform and may add or remove Digital Assets from the platform in its sole discretion, from time to time. If Digital Assets that are no longer listed on the platform remain in your QGR Account beyond a specified period notified to you, QGR may in its discretion convert such Digital Assets into a different type of Digital Asset that is a stablecoin. QGR may also change the order size available for each Digital Asset. In respect of such additions, removals or amendments, QGR may, but is not obliged to, notify Users in advance. QGR shall notify you in advance of any conversion of delisted Digital Assets and you shall always have the opportunity during a period of time specified by QGR to withdraw the delisted Digital Assets before they are converted into a stablecoin. QGR shall have no liability to Users in connection with such additions, removals, conversions or amendments as described in this clause.
- Service Usage Guidelines
- License
Provided that you constantly comply with the express terms and conditions stated in these Terms, QGR grants you a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sublicensable license to access and use QGR Services through your computer or Internet compatible devices for your personal/internal purposes. You are prohibited to use QGR 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 Binance Services should be stipulated in the discretion of QGR. QGR reserves all rights not expressly granted in these Terms. Therefore, you are hereby prohibited from using QGR Services in any way not expressly authorized by these Terms.
These Terms only grant a limited license to access and use QGR Services. Therefore, you hereby agree that when you use QGR Services, QGR does not transfer QGR Services or the ownership or intellectual property rights of any QGR 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 QGR Services, are exclusively owned, controlled and/or licensed by QGR Operators or its members, parent companies, licensors or affiliates.
QGR owns any feedback, suggestions, ideas, or other information or materials (hereinafter collectively referred to as “Feedback”) about QGR or QGR Services that you provide through email, QGR Services, or other ways. You hereby transfer all rights, ownership and interests of the Feedback and all related intellectual property rights to QGR. You have no right and hereby waive any request for acknowledgment or compensation based on any Feedback, or any modifications based on any Feedback.
- Restriction
When you use QGR Services, you agree and undertake to comply with the following provisions:
During the use of QGR Services, all activities you carry out should comply with the requirements of applicable laws and regulations, these Terms, and various guidelines of QGR;
Your use of QGR 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 QGR 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 QGR, the following commercial uses of QGR data are prohibited:
- Trading services that make use of QGR quotes or market bulletin board information.
- Data feeding or streaming services that make use of any market data of QGR.
- Any other websites/apps/services that charge for or otherwise profit from (including through advertising or referral fees) market data obtained from QGR.
Without prior written consent from QGR, 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 QGR Services in any way, in order to obtain or attempt to obtain any materials, documents or information in any manner not purposely provided through QGR Services; (ii) attempt to access any part or function of the properties without authorization, or connect to QGR Services or any QGR servers or any other systems or networks of any QGR Services provided through the services by hacking, password mining or any other unlawful or prohibited means; (iii) probe, scan or test the vulnerabilities of QGR Services or any network connected to the properties, or violate any security or authentication measures on QGR Services or any network connected to QGR Services; (iv) reverse look-up, track or seek to track any information of any other Users or visitors of QGR Services; (v) take any actions that imposes an unreasonable or disproportionately large load on the infrastructure of systems or networks of QGR Services or QGR, or the infrastructure of any systems or networks connected to QGR services; (vi) use any devices, software or routine programs to interfere with the normal operation of QGR Services or any transactions on QGR Services, or any other person’s use of QGR Services; (vii) forge headers, impersonate, or otherwise manipulate identification, to disguise your identity or the origin of any messages or transmissions you send to QGR, or (viii) use QGR Services in an illegal way.
By accessing QGR Services, you agree that QGR 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 actions 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 published that are found to be violations.
- Fiat Services
By accepting these Terms, you acknowledge and agree that:
you have read, accepted and will comply with these Terms, the Legal Statement, the Privacy Policy, and any other QGR Platform Rules related to Fiat Services;
QGR may partner with any Fiat Partners and that, if applicable, you will open an account with such Fiat Partners by completing the relevant registration and identity verification for such account, and by accepting any user agreements, terms and conditions, policies and procedures or similar documents of any Fiat Partners;
any payments expressed in any fiat currencies and which have been made in connection with any Fiat Services may not be canceled, recalled or refunded, and that any chargeback requests in connection with any Fiat Services that involve a Fiat Partner, are subject to that Fiat Partner's policies and procedures.
- Futures Trading
Unless otherwise specified by QGR, to conduct Futures Trading, you must conclude with QGR a separate QGR Futures Service Agreement and open a special Collateral Account, following the completion of registration and identity verification for your QGR Account. You acknowledge and agree that:
a. You fully understand the high risks of Futures Trading, including but not limited to the risk of major fluctuations of Digital Assets in Futures Trading, and the risk of exacerbated adverse outcome when leverage is used;
b. You have sufficient investment knowledge and experience and the capacity to take risks arising from Futures Trading, and agree to independently assume all the risks arising from the investment of Futures Trading;
c. Before performing Futures Trading, you have read and understood all the contents of the QGR Futures Service Agreement and the relevant QGR Platform Rules, and have consulted relevant professionals to make informed decisions on whether and how to complete Futures Trading according to their recommendations and your own reasonable judgment;
d. You agree and authorize QGR to take various reasonable measures in its discretion (including but not limited to forced liquidation and forced position reduction under specific circumstances) in accordance with the QGR Futures Service Agreement and the relevant QGR Platform Rules to protect the legitimate interests of you, QGR and other Users.
- Options Trading
Before entering into transactions in Options products through QGR (“Options Trading”), you acknowledge and agree that:
a. You fully understand the high risks of Options Trading, including but not limited to the risk of major fluctuations of Digital Assets in Options Trading, and the risk of exacerbated adverse outcome when leverage is used;
b. You have sufficient investment knowledge and experience and the capacity to take risks arising from Options Trading, and agree to independently assume all the risks arising from the investment of Options Trading;
c. Before performing Options Trading, you have read and understood, and agree to be bound by the terms of, the QGR Options Service Agreement and all relevant QGR Platform Rules, which shall supplement these Terms of Use, and have consulted relevant professionals to make informed decisions on whether and how to complete Options Trading according to their recommendations and your own reasonable judgment;
d. You agree and authorize QGR to take various reasonable measures in its discretion (including but not limited to forced liquidation and forced position reduction under specific circumstances) in accordance with the QGR Options Service Agreement and all relevant QGR Platform Rules to protect the legitimate interests of you, QGR and other Users.
- Lending Services
Unless otherwise provided by QGR, to borrow currencies, you must conclude with QGR a separate Lending Services User Agreement and open a special Collateral Account and/or finish other relevant procedures, following the completion of registration and identity verification for your QGR Account. You understand and agree that:
a. There are considerable risks involved in Lending Services, which include without limitation to risks of fluctuation of the borrowed Digital Assets’ value, derivative risks and technical risks. You shall carefully consider and exercise clear judgment to evaluate your financial situation and the aforesaid risks to make any decision on using Lending Services, and you shall be responsible for all losses arising therefrom;
b. you shall cooperate to provide the information and materials related to identity verification and Lending Services as required by QGR, and be solely responsible for taking necessary security measures to protect the security of your Collateral Account and personal information;
c. you shall carefully read relevant QGR Platform Rules before using Lending Services, and be aware of, understand and observe the specific information and rules regarding the operations of Lending Services, and you undertake that the use of the assets borrowed shall conform to requirements of these Terms and related laws and regulations;
d. QGR has the full right to manage your Collateral Account and collateral during the period in which Lending Services are offered, and reserves the right, under the circumstances specified in the Lending Services User Agreement or these Terms, to implement various risk control measures, which include but are not limited to forced liquidation. Such steps may cause major losses to you and you shall be solely responsible for the outcomes of such measures;
e. QGR has the right to temporarily or permanently prohibit you from using Lending Services when it deems it necessary or reasonable, and to the maximum extent permitted by law, without liability of any kind to you.
- Staking Programs
QGR will from time to time launch Staking Programs for specific types of Digital Currencies to reward, as per certain rules, users who hold such Digital Currencies in their QGR Accounts. When participating in Staking Programs, you should note that:
a. Unless otherwise stipulated by QGR, Staking Programs are free of charge and Users may trade during the staking period;
b. QGR does not guarantee Users’ proceeds under any Staking Program;
c. QGR has the right to initiate or terminate Staking Program for any Digital Currencies or modify rules on such programs in its sole discretion;
d. Users shall ensure that sources of the Digital Currencies they hold in QGR Accounts are legal and compliant and undertake to observe related laws and regulations. Otherwise, QGR has the right to take necessary steps in accordance with these Terms or QGR Platform Rules, including, without limitation, freezing QGR Accounts or deducting the Digital Currencies awarded to Users who violate the rules of respective Staking Programs.
IV. Liabilities
- Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, QGR SERVICES, QGR MATERIALS AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF QGR ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND QGR EXPRESSLY DISCLAIMS, AND 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 FOREGOING, QGR DOES NOT REPRESENT OR WARRANT THAT THE SITE, QGR SERVICES OR QGR MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. QGR DOES NOT GUARANTEE THAT ANY ORDER WILL BE EXECUTED, ACCEPTED, RECORDED OR REMAIN OPEN. EXCEPT FOR THE EXPRESS STATEMENTS, AGREEMENTS AND RULES SET FORTH IN THESE TERMS, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR AGREEMENT, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF QGR SERVICES. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT QGR 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, (D) REGULAR OR UNSCHEDULED MAINTENANCE CARRIED OUT BY QGR 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 QGR; AND (G) OTHER EXEMPTIONS MENTIONED IN DISCLAIMERS AND PLATFORM RULES ISSUED BY QGR.
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 QGR, 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 QGR SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF QGR SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF QGR AND ITS AFFILIATES, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF QGR 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 QGR’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 FOREGOING, IN NO EVENT WILL THE LIABILITY OF QGR, 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 OFQGR AND ITS AFFILIATES, ANY PERFORMANCE OR NON-PERFORMANCE OF QGR 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 QGR UNDER THESE TERMS IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
- Indemnification
You agree to indemnify and hold harmless QGR 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, QGR 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 QGR Services. If you are obligated to indemnify QGR Operators, their affiliates, contractors, licensors, and their respective directors, officers, employees or agents pursuant to these Terms, QGR will have the right, in its sole discretion, to control any action or proceeding and to determine whether QGR wishes to settle, and if so, on what terms.
VI. Termination of Agreement
- Suspension of QGR Accounts
You agree that QGR shall have the right to immediately suspend your QGR Account (and any accounts beneficially owned by related entities or affiliates), freeze or lock the Digital Assets or funds in all such accounts, and suspend your access to QGR for any reason including if QGR suspects any such accounts to be in violation of these Terms, our Privacy Policy, or any applicable laws and regulations. You agree that QGR shall not be liable to you for any permanent or temporary modification of your QGR Account, or suspension or termination of your access to all or any portion of QGR Services. QGR shall reserve the right to keep and use the transaction data or other information related to such QGR Accounts. The above account controls may also be applied in the following cases:
The QGR Account is subject to a governmental proceeding, criminal investigation or other pending litigation;
We detect unusual activities in the QGR Account;
We detect unauthorized access to the QGR Account;
We are required to do so by a court order or command by a regulatory/government authority.
- Cancellation of QGR Accounts
In case of any of the following events, QGR shall have the right to directly terminate these Terms by cancelling your QGR Account, and shall enjoy the right but not the obligation to permanently freeze (cancel) the authorizations of your Account on QGR and withdraw the corresponding QGR Account thereof:
after QGR terminates services to you;
you allegedly register or register in any other person’s name as a QGR 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 QGR Account or by other means;
you request that QGR Services be terminated; and
any other circumstances where QGR deems it should terminate QGR Services.
Should your QGR Account be terminated, the account and transactional information that meet data retention standards will be securely stored for 5 years. In addition, if a transaction is unfinished during the account termination process, QGR shall have the right to notify your counterparty of the situation at that time. You acknowledge that a user-initiated account exit (right to erasure under GDPR or other equivalent regulations) will also be subjected to the termination protocol stated above.
If QGR is informed that any Digital Assets or funds held in your QGR Account are stolen or otherwise are not lawfully possessed by you, QGR may, but has no obligation to, place an administrative hold on the affected funds and your QGR Account. If QGR does lay down an administrative hold on some or all of your funds or QGR Account, QGR may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to QGR has been provided to QGR in a form acceptable to QGR. QGR will not involve itself in any such dispute or the resolution of the dispute. You agree that QGR will have no liability or responsibility for any such hold, or for your inability to withdraw Digital Assets or funds or execute trades during the period of any such hold.
- Remaining Funds After QGR Account Termination
Except as set forth in paragraph 4 below, once a QGR Account is closed/withdrawn, all remaining account balance (which includes charges and liabilities owed to QGR) will be payable immediately to QGR. Upon payment of all outstanding charges to QGR (if any), Users will have 5 business days to withdraw all Digital Assets or funds from the account.
- Remaining Funds After QGR Account Termination Due to Fraud, Violation of Law, or Violation of These Terms
QGR maintains full custody of the Digital Assets, funds and User data/information which may be turned over to governmental authorities in the event of QGR Accounts’ suspension/closure arising from fraud investigations, investigations of violation of law or violation of these Terms.