By accessing the website https://genesisfinex.com and any webpages thereof, you acknowledge
that you have read the following information and accept the terms and conditions set out below,
and
agree to be bound by this document. The terms “you” or “your” in this document refer to both you
personally and any other person on whose behalf you are accessing the Platform as the context
requires. We may change this document along with other documents or agreements between you
and the Platform from time to time by posting such changes on the Platform without notice to
you.
By visiting or using the Platform, you are deemed to have agreed to the terms of this document
along with other documents and agreements as then posted on the Platform.
GENERAL
The Platform is operated globally under the trade name “Genesis” (“Genesis,” “we,” or “us”).
The
contents of the Platform have not been reviewed by any regulatory authority. If you are in any
doubt
as to the contents of the Platform, you should obtain independent professional advice. The
Platform
is not directed at, nor intended to be distributed to, or accessed or used by, any person in any
jurisdiction, including but not limited to Afghanistan, Cuba, Iran, North Korea, Syria and
Ontario of
Canada, where the distribution of the information on the Platform would be contrary to the laws
or
regulations of such jurisdiction or would subject Genesis to any registration or sanction
compliance
requirement of such jurisdiction. Persons in respect of whom such prohibitions apply must not
access the Platform. It may be unlawful to access or download the information on the Platform in
certain jurisdictions, including but not limited to Afghanistan, Cuba, Iran, North Korea, Syria
and
Ontario of Canada, and to the greatest extent permitted by law, we disclaim all responsibility
if you
access or download any information from the Platform in breach of any law or regulation of the
jurisdiction in which you reside or are then present. By proceeding, you are representing and
warranting that the applicable laws and regulations of your jurisdiction allow you to access the
information on the Platform.Specific information for US persons. The information on the Platform
is
not directed at or intended for distribution to, or use by, residents of any state, territory or
possession of the United States, or any other “US person” within the meaning of Rule 902(k) of
Regulation S under the Securities Act of 1933, as amended (the “Securities Act”).No digital
asset
described on the Platform have been registered under the Securities Act, and may not be offered
or
sold in the United States or to US persons except pursuant to an applicable exemption from the
registration requirements of the Securities Act or otherwise pursuant to any determination of
such
digital assets by the Securities and Exchange Commission of the United States.Information
displayed on the Platform contains material that may be interpreted by the relevant authorities
in
the United States as offer, or solicitation of an offer, to purchase or sell digital assets.
Accordingly,
the information on the Platform is only intended to be viewed by persons who fall outside the
scope
of any law of the United States that seeks to regulate offer, sale, or other transactions in
digital
assets. If you are uncertain about your status under the laws of the United States, you should
seek
advice from counsel before accessing the Platform. Specific information for residents of Canada
No
securities commission or similar authority in Canada has reviewed or passed upon in any way the
merit of the information on the Platform, and any representation to the contrary is an
offence.
NO OFFER
The contents of the Platform have been provided for the purposes of information and
arms-length
transactions only and do not constitute any solicitation to buy, offer to sell, or advice or
recommendation to buy, sell or otherwise acquire or dispose of, any interest in any investment,
or
any advice or recommendation to pursue any investment strategy.NO ADVICE The Platform allows
customers that have registered to open an account with Genesis to trade digital assets with Genesis
in a principal capacity. After accepting a customer order, the Platform may then place an order
with
Genesis’s counterparties’ platforms (e.g., Huobi or Binance) on the basis of aggregated
outstanding
positions so that Genesis may complete the customer’s order on the Platform. In both the trade
with
its customer and the trade with its counterparty, Genesis acts in a principal capacity. Customers
can
utilize various proprietary automated trading systems (“trading bots”) offered by Genesis in
executing their trades by filling in the trading parameters in respect of the chosen trading
bot. The
operation of any trading bot is dictated by the parameters set by the customer. No trading bot
has
the ability to exercise any discretion with regard to any trade position without the input of
the
customer. A customer may stop the operation of any trading bot at any time, and withdraw all
digital
assets involved, including principal and realized profit or loss, at any time.Genesis is not
licensed in
any jurisdiction as a broker, financial advisor, investment advisor, portfolio manager or tax
advisor.
Nothing contained in the Platform constitutes investment, legal, tax or other advice. You should
not
rely on the contents of the Platform as advice or to make any decision. Before making any
trading or
investment decision, you should obtain professional advice specific to your circumstances, and
obtain and read the terms and conditions and other information relevant to any trade or
investment,
including risk disclosures pertaining to such trade or investment. Genesis does not make any
determination as to the suitability of any trade or investment conducted on the Platform and
makes
no representation or warranty that any such trade or investment is suitable for you. Any
statement
of risks of any trade or investment referenced on the Platform should not be regarded as a full
disclosure of all risks.By accessing the Platform, you acknowledge and agree that Genesis is not
responsible for your use of any information that you obtain from the Platform, that your trading
or
investment decisions are made on your own for which you bear sole responsibility, and that you
use
the Platform and the trading bots at your sole risk. Also, Genesis shall not be liable for any
liability
caused by your usage of any information that you obtain from the Platform.
RISK OF TRADING AND INVESTMENTS IN DIGITAL ASSETS
As a customer or potential customer of the Platform and before you pay Genesis any money or
digital asset you should be aware of the following:Genesis may not hold a license to offer you
services through the Platform in your jurisdiction. Please note that this may mean you will not
be
able to recover all the money or digital assets you paid to us if our business fails.You should
not
transact in a digital asset if you are not familiar with that digital asset. Transacting in
digital assets
may not be suitable for you. Once you transact on the Platform, your behavior shall be deemed
willingly by yourself, and you shall be deemed to be fully familiar with the digital assets and
fiat
currency (if involved in the transaction).You should be aware that the value of digital assets
may
fluctuate greatly. You should buy digital assets only if you are willing and prepared to accept
the risk
of losing all of the money you put into such assets.Past performance is not indicative of likely
future
performance and the value of any digital asset available on the Platform may go down as well as
up.
Genesis does not guarantee the performance of any trade or investment, the return of any
customer’s principal or the achievement of any rate of return.Investment in any of the digital
assets
available on the Platform carries substantial risk, including the possible loss of principal.
And
performance and returns of any digital asset may vary significantly over time.Trading and
investment in digital assets available on the Platform are not suitable for all persons. You
should
only trade or invest in a digital asset after you have thoroughly reviewed the relevant
information of
the digital asset. You may wish to consult an independent financial adviser for personal and
specific
trading and investment advice before entering into any trade.We may, in our sole discretion,
open
and/or maintain external wallets/accounts with third party digital asset wallet solution
providers and/
or external digital assets counterparty exchanges (each, an “External Provider”) to custody and
safe-keep all or part of your digital assets, and/or to facilitate your trading and investment
in digital
assets through Genesis. While we will undertake measures to carefully select and engage an
External Provider, Genesis does not guarantee the security or functionality of an External
Provider’s
software or technology and is not responsible for any loss of digital asset due to the failure
of the
External Provider’s software or technology. As a result, you may risk losing digital assets that
have
been placed with an External Provider, and Genesis will not be liable to you for such loss.
Furthermore, no compensation shall be expected from Genesis under such circumstance.We use
various blockchains and/or blockchain technology to process your digital asset transactions, for
example, the Ethereum blockchain. All blockchains and/or blockchain technology may experience
unintended events or consequences, including but not limited to backlogs, higher than normal
transaction fees, changes to the network, failure, or forks in the protocol. Genesis does not own
or
control any blockchain or blockchain technology, is not responsible for the operation of the
blockchain network, and makes no guarantee regarding the blockchain network’s security,
functionality, or availability. You may suffer loss as a result of any such events or
consequences, and
Genesis will not compensate you for such loss. You acknowledge and accept that we have sole
discretion to determine our response to any operating change to any digital asset protocol and
that
we have no responsibility to assist you with unsupported currencies or protocols.
NO WARRANTIES
While Genesis believes in good faith that the information provided on the Platform is
accurate and
up-to-date, it gives no representations or warranties as to the accuracy or completeness of such
information, and shall not be liable for any direct, indirect, consequential or special losses
or
damages of any kind arising from or in connection with the use of the Platform (including the
use of
any links on the Platform to external websites or resources) or the use of such information. The
information on the Platform is provided strictly for the purposes of information and arms-length
transactions only, and does not constitute trading or investment advice. No reliance may be
placed
for any purpose other than arms-length transactions on the information provided on the Platform
or
the accuracy or completeness thereof, and neither Genesis nor any of its affiliates, directors,
officers
or employees accepts any responsibility or liability in respect of any information provided on
the
Platform, which is subject to change without notice. No content on the Platform is tailored to
the
specific needs of any person. Contents on the Platform may not be used as a basis for any
financial
instrument, commodity or other product without the express prior written consent of Genesis.Some
contents on the Platform, including contents made available to the Platform through hyperlinks
to
external websites, platforms or sources, are provided to Genesis by unrelated third-party
providers,
including providers of pricing information for the digital assets. While Genesis selects such
thirdparty
content providers based on rigorous criteria and with reasonable care, Genesis does not
review such third-party contents for accuracy, completeness or reliability, and does not warrant
or
guarantee their accuracy, completeness, reliability or any other aspect of such contents. The
performance of the Platform is directly linked to the performance of certain unrelated
third-party
services. Genesis disclaims all responsibility for non-performance of such third-party services,
and
shall not be held liable for any performance issues of the Platform caused by failures of such
thirdparty
services.Digital assets and the trading and investment thereof are based on a new and
insufficiently tested technology. In addition to the risks described herein, there are other
risks
associated with your use of the Platform, and the purchase, holding, sale and use of digital
assets,
many of which Genesis is not aware of and cannot anticipate. Such risks may materialize in
unanticipated ways as variations or combinations of the risks discussed herein or otherwise
unknown.To the maximum extent permitted by applicable law, Genesis hereby disclaims all implied
warranties regarding the availability of the Platform. Except as expressly provided herein, the
Platform is made available to you “as is” and “as available” without warranty of any kind.
Genesis, its
affiliates, directors, officers, employees and agents expressly disclaim all other
representations,
endorsements or warranties of conditions, express or implied, including, without limitation,
merchantability, fitness for a particular purpose, title or non-infringement, completeness,
security,
reliability, suitability, accuracy, currency, availability, error-free or uninterrupted
operation, or that
defects will be corrected, or any warranty arising from a course of dealing, performance, or
trade
usage. Your sole and exclusive remedy, and our sole obligation to you or any third party for any
claim arising out of your use of the Platform is that you are free to discontinue your use of
the
Platform at any time.To the maximum extent permitted by applicable law, Genesis does not
guarantee or warrant that files or data available for downloading from the Platform will be free
of
viruses or other harmful codes or components. You are solely responsible for your use of the
Platform and your device and data security. To the maximum extent permitted by applicable law,
Genesis, its affiliates, directors, officers, employees and agents will not be liable for any loss
or
damage caused by denial-of-service attack, distributed denial-of-service attack, overloading,
flooding, mailbombing or crashing, viruses, trojan horses, worms, logic bombs, or other
technologically harmful material that may infect your computer equipment, mobile device,
computer
programs, data, or other proprietary material due to your use of the Platform, or your
downloading
of any material posted on the Platform or any third-party platform linked to the
Platform.LIMITATION
OF LIABILITY Genesis does not make any representations or warranties other than those explicitly
mentioned in these Terms of Use. The Platform has not been developed to meet your individual
needs. To the maximum extent permitted by applicable law, you acknowledge and agree that
Genesis, its affiliates, directors, officers, employees or agents shall not be liable to you for
any
direct, indirect, incidental, special, consequential or exemplary damages that you may suffer in
connection with your use of the Platform, however caused and under whatever theory of liability,
including but not limited to, loss of profit, lost opportunities, loss of data, and other
intangible loss.
By accessing the Platform, you acknowledge that you are fully aware of the risks of trading,
investing in and using digital assets and take full responsibilities for these
risks.AVAILABILITY OF
THE WEBSITE The Platform is available on computers and handheld mobile devices running the
Genesis website. Genesis will use best efforts to make the Platform available at all times. However,
you understand and acknowledge that the Platform is provided over the internet and mobile
networks and thus the quality and availability of the Platform may be affected by factors
outside
Genesis’s reasonable control.Genesis does not accept any responsibility whatsoever for
unavailability
of the Platform, any difficulty or inability to download or access contents on the Platform, or
any
other system failure that may result in the Platform being not fully available or functioning.
Genesis is
not responsible for providing any technical support or maintenance to you regarding the
Platform.
Genesis may, at its own discretion, update, modify, or adapt the Platform and its functionalities
from
time to time to enhance customer experience. Genesis is not responsible for any downtime resulting
from these actions.HELPDESK Genesis maintains an online helpdesk on the Platform that answers
your questions about the Platform. Genesis will only address questions about the functionalities
of
the Platform, and does not give you any personalized advice or recommend any system settings on
your personal computers or mobile devices. Genesis may upload general tutorials and instruction
videos on the Platform to introduce the functionalities of the Platform. All tutorials, videos
and other
instruction materials uploaded by Genesis are for general usage only, and do not contain any
personalized solutions. Your use of all such services and materials is at your own risk.PRIVACY
Genesis is committed to protecting the privacy, confidentiality and security of the personal
information or personal data of customers collected in compliance with all applicable data
protection laws. Genesis is equally committed to ensuring that all our staff comply with all our
internal policies and standards on data security and confidentiality, and protect your personal
data
from unauthorized access, unlawful processing or accidental loss, destruction or damage