These Innixx Terms of Use is entered into between you (hereinafter referred to as “you” or “your”) and Innixx operators (as defined below). By accessing, downloading, using or clicking on “I agree” to accept any Innixx Services (as defined below) provided by Innixx (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”). In addition, when using some features of the Services, you may be subject to specific additional terms and conditions applicable to those features.
Please read the terms carefully as they govern your use of Innixx 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 INNIXX SERVICES, YOU ACKNOWLEDGE AND AGREE THAT:
YOU ARE AWARE OF THE RISKS ASSOCIATED WITH TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES;
YOU SHALL ASSUME ALL RISKS RELATED TO THE USE OF INNIXX SERVICES AND TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES; AND
INNIXX SHALL NOT BE LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES.
By accessing, using or attempting to use Innixx 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 Innixx or utilize Innixx services.
a. Contractual Relationship
These Terms constitute a legal agreement and create a binding contract between you and Innixx Operators.
b. Supplementary Terms
Due to the constant development of Digital Currencies and Innixx, these Terms between you and Innixx 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, INNIXX PLATFORM RULES, AND ALL OTHER AGREEMENTS ENTERED INTO SEPARATELY BETWEEN YOU AND INNIXX ARE DEEMED SUPPLEMENTARY TERMS THAT ARE AN INTEGRAL PART OF THESE TERMS AND SHALL HAVE THE SAME LEGAL EFFECT. YOUR USE OF INNIXX SERVICES IS DEEMED YOUR ACCEPTANCE OF THE ABOVE SUPPLEMENTARY TERMS.
c. Changes to These Terms
Innixx reserves the right to change or modify these Terms in its discretion at any time. Innixx will notify such changes by updating the terms on its website and modifying the [Last revised] date displayed at the top of 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 INNIXX 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 INNIXX 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 INNIXX SERVICES.
d. Prohibition of Use
BY ACCESSING AND USING INNIXX SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE NOT BEEN INCLUDED IN ANY TRADE EMBARGOES OR ECONOMIC SANCTIONS LIST. INNIXX RESERVES THE RIGHT TO CHOOSE MARKETS AND JURISDICTIONS TO CONDUCT BUSINESS, AND MAY RESTRICT OR REFUSE, IN ITS DISCRETION, THE PROVISION OF INNIXX SERVICES IN CERTAIN COUNTRIES OR REGIONS.
As an important part of the Innixx Ecosystem, Innixx mainly serves as an 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 Innixx, 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 Innixx has been committed to maintaining the accuracy of the information provided through Innixx Services, Innixx cannot and does not guarantee its accuracy, applicability, reliability, integrity, performance or appropriateness, nor shall Innixx be liable for any loss or damage that may be caused directly or indirectly by your use of these contents. The information about Innixx Services may change without notice, and the main purpose of providing such information is to help Users make independent decisions. Innixx does not provide investment or consulting advice of any kind and is not responsible for the use or interpretation of information on Innixx or any other communication medium. All Users of Innixx Services must understand the risks involved in Digital Assets trading and are recommended to exercise prudence and trade responsibly within their own capabilities.
a. Registration
All Users must apply for a Innixx Account from the mobile application before using Innixx Services. When you register a Innixx Account, you must provide your real name, email address and password, and accept these Terms, the Privacy Policy, and other Innixx Platform Rules. Innixx may refuse, in its discretion, to open a Innixx Account for you. You agree to provide complete and accurate information when opening a Innixx Account and agree to timely update any information you provide to Innixx to maintain the integrity and accuracy of the information. Only one User can be registered at a time, but each individual User (including any User that is a business or legal entity) may maintain only one main account at any given time. Institutional Users (including Users that are businesses and other legal entities) can open one or more subaccounts under the main account with the consent of Innixx. For certain Innixx Services, you may be required to set up a special account independent from your Innixx 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 article and article 6, unless otherwise stated in these Terms or the Supplementary Terms.
b. Eligibility
By registering to use a Innixx Account, you represent and warrant that
as an individual, you are at least 18 or are of legal age to form a binding contract under applicable laws;
as an individual, legal person, or other organization, you have full legal capacity and sufficient authorizations to enter into these Terms;
you have not been previously suspended or removed from using Innixx Services;
you do not currently have an Innixx Account;
if you act as an employee or agent of a legal entity, and enter into these Terms on anothers behalf, you represent and warrant that you have all the necessary rights and authorizations to bind such legal entity/person;
your use of Innixx Services will not violate any and all laws and regulations applicable to you, including but not limited to regulations on anti-money laundering, anti-corruption, and counter-terrorist financing.
Please note that some products and services may not be available in certain jurisdictions or regions or to certain users. Innixx reserves the right to change, modify or impose additional restrictions at its discretion at any time.
c. User Identity Verification
Your registration of an account with Innixx 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 Innixx, or for other lawful purposes stated by Innixx. 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, INNIXX 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 INNIXX 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 INNIXX DURING YOUR USE OF INNIXX 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 INNIXX TO CONDUCT INVESTIGATIONS THAT INNIXX CONSIDERS NECESSARY, EITHER DIRECTLY OR THROUGH A THIRD PARTY, TO VERIFY YOUR IDENTITY OR PROTECT YOU, OTHER USERS AND/OR INNIXX 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.
d. Account Usage Requirements
The Innixx Account can only be used by the account registrant. Innixx reserves the right to suspend, freeze or cancel the use of Innixx 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 Innixx immediately. Innixx assumes no liability for any loss or damage arising from the use of Innixx Account by you or any third party with or without your authorization.
e. Account Security
Innixx has been committed to maintaining the security of User entrusted funds, and has implemented industry standard protection for Innixx 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 Innixx Account and personal information.
You should be solely responsible for keeping safe of your Innixx Account and password, and be responsible for all the transactions under your Innixx Account. Innixx 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 Innixx Account, you hereby agree that:
you will notify Innixx immediately if you are aware of any unauthorized use of your Innixx Account and password or any other violation of security rules;
you will strictly abide by all mechanisms or procedures of Innixx regarding security, authentication, trading, charging, and withdrawal; and
you will take appropriate steps to logout from Innixx at the end of each visit.
f. Personal Data
Your personal data will be properly protected and kept confidential, but Innixx has the right to collect, process, use or disclose your personal data in accordance with the Terms (including the Privacy Policy) or applicable laws. Depending on the products or services concerned, your personal data may be disclosed to the following third parties:
your transaction counterparty;
Innixx Operators, and the shareholders, partners, investors, directors, supervisors, senior managers and employees of such entities;
our joint ventures, alliance partners and business partners;
our agents, contractors, suppliers, third-party service providers and professional advisers, including the parties who have been contracted to provide us with administrative, financial, research, operations, IT and other services, in such areas as telecommunications, information technology, payroll, information processing, training, market research, storage and archival;
third-party business partners who provide goods and services or sponsor contests or other promotional activities, whether or not in cooperation with us; insurance companies or insurance investigators and credit providers;
credit bureaus, or any debt collection agencies or dispute resolution centers in the event of violation or dispute;
business partners, investors, trustees or assignees (actual or expected) that promote business asset transactions (which can be broadened to include any merger, acquisition or asset sale) of Innixx Operators;
professional consultants such as auditors and lawyers;
relevant government regulatory agencies or law enforcement agencies to comply with laws or regulations formulated by government authorities;
assignees of our rights and obligations;
banks, credit card companies and their respective service providers;
persons with your consent as determined by you or the applicable contract.
Upon completion of the registration and identity verification for your Innixx Account, you may use various Innixx Services, including but not limited to, Crypto-to-crypto Trading, Fiat Trading, contract trading, leveraged trading, Innixx Savings services, staking, acquiring market-related data, research and other information released by Innixx, participating in User activities held by Innixx, etc., in accordance with the provisions of these Terms (including Innixx Platform Rules and other individual agreements). Innixx has the right to:
Provide, modify or terminate, in its discretion, any Innixx Services based on its development plan; and
Allow or prohibit some Users’ use of any Innixx Services in accordance with relevant Innixx Platform Rules.
a. License
Provided that you constantly comply with the express terms and conditions stated in these Terms, Innixx grants you a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sublicensable license to access and use Innixx Services through your computer or Internet compatible devices for your personal/internal purposes. You are prohibited to use Innixx 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 Innixx Services should be stipulated in the discretion of Innixx. Innixx reserves all rights not expressly granted in these Terms. Therefore, you are hereby prohibited from using Innixx Services in any way not expressly authorized by these Terms.
These Terms only grant a limited license to access and use Innixx Services. Therefore, you hereby agree that when you use Innixx Services, Innixx does not transfer Innixx Services or the ownership or intellectual property rights of any Innixx 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 Innixx Services, are exclusively owned, controlled and/or licensed by Innixx Operators or its members, parent companies, licensors or affiliates.
Innixx owns any feedback, suggestions, ideas, or other information or materials (hereinafter collectively referred to as “Feedback”) about Innixx or Innixx Services that you provide through email, Innixx Services, or other ways. You hereby transfer all rights, ownership and interests of the Feedback and all related intellectual property rights to Innixx. You have no right and hereby waive any request for acknowledgment or compensation based on any Feedback, or any modifications based on any Feedback.
b. Restriction
When you use Innixx Services, you agree and undertake to comply with the following provisions:
During the use of Innixx Services, all activities you carry out should comply with the requirements of applicable laws and regulations, these Terms, and various guidelines of Innixx;
Your use of Innixx 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 Innixx 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 Innixx, the following commercial uses of Innixx data are prohibited:
1) Trading services that make use of Innixx quotes or market bulletin board information.
2) Data feeding or streaming services that make use of any market data of Innixx.
3) Any other websites/apps/services that charge for or otherwise profit from (including through advertising or referral fees) market data obtained from Innixx.
Without prior written consent from Innixx, 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 Innixx Services in any way, in order to obtain or attempt to obtain any materials, documents or information in any manner not purposely provided through Innixx Services; (ii) attempt to access any part or function of the properties without authorization, or connect to Innixx Services or any Innixx servers or any other systems or networks of any Innixx Services provided through the services by hacking, password mining or any other unlawful or prohibited means; (iii) probe, scan or test the vulnerabilities of Innixx Services or any network connected to the properties, or violate any security or authentication measures on Innixx Services or any network connected to Innixx Services; (iv) reverse look-up, track or seek to track any information of any other Users or visitors of Innixx Services; (v) take any actions that imposes an unreasonable or disproportionately large load on the infrastructure of systems or networks of Innixx Services or Innixx, or the infrastructure of any systems or networks connected to Innixx services; (vi) use any devices, software or routine programs to interfere with the normal operation of Innixx Services or any transactions on Innixx Services, or any other person’s use of Innixx Services; (vii) forge headers, impersonate, or otherwise manipulate identification, to disguise your identity or the origin of any messages or transmissions you send to Innixx, or (viii) use Innixx Services in an illegal way.
By accessing Innixx Services, you agree that Innixx 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.
Upon completion of the registration and identity verification for your Innixx Account, you may conduct Crypto-to-crypto Trading on Innixx in accordance with the provisions of these Terms and Innixx Platform Rules.
a. Orders
Upon sending an instruction of using Innixx Services for Crypto-to-crypto Trading (an “Order”), your account will be immediately updated to reflect the open Orders, and your Orders will be included in Innixx’s order book to match other users’ Orders. If one of your Orders fully or partially matches another user’s Order, Innixx will execute an exchange (a “Transaction”). Once the Transaction is executed, your account will be updated to reflect that the Order has been fully executed and closed, or the Order has been partially executed. The Order will remain uncompleted until it is fully executed or cancelled under paragraph (b) below. To conclude a Transaction, you authorize Innixx to temporarily control the Digital Currencies involved in your Transaction.
b. Cancellation
For Orders initiated through Innixx Services, you may only cancel them before they have been matched with other Users’ Orders. Once your Order has been matched with another user’s Order, you may not change, revoke or cancel Innixx’s authorization to complete the Order. For any partially matched Order, you may cancel the unmatched part of the Order unless such portion has been matched. Innixx reserves the right to reject any cancellation request related to the Order you have submitted. If your account does not have sufficient amount of Digital Currencies to execute an Order, Innixx may cancel the entire Order, or execute part of the Order with the amount of Digital Currencies you have in your account (in each case, any Transaction related fees payable to Innixx are deducted as stated in paragraph (c) below).
c. Fees
You agree to pay Innixx the fees specified in www. Innixx may, in its discretion, update the fees at any time. Any updated fees will apply to any sales or other Transactions that occur following the effective date of the updated fees. You authorize Innixx to deduct from your account any applicable fees that you owe under these Terms.
d. Other Types of Crypto-to-crypto Trading
In addition to the Crypto-to-crypto Trading that allows users to directly place orders as mentioned in paragraph (a) above, Innixx may, in its discretion, provide technical and platform services for other types of Crypto-to-crypto Trading under its separately formulated Innixx Platform Rules, such as One Cancels the Other (OCO) and block trade.
Unless otherwise provided by Innixx, to borrow currencies, you must conclude with Innixx 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 Innixx 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 Innixx, 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 Innixx 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. Innixx 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. Innixx 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.
Innixx will from time-to-time gift Gift Cards for specific types of Digital Currencies to reward, as per certain rules, users who hold such Digital Currencies in their Innixx Accounts. You should note that:
a. Unless otherwise stipulated by Innixx, gift cards can be given to users by Innixx free of charge and Users may also trade with it (buy or sell) and/or gift one another on the Innixx platform.
b. Users shall ensure that sources of the Digital Currencies they hold in Innixx Accounts are legal and compliant and undertake to observe related laws and regulations. Otherwise, Innixx has the right to take necessary steps in accordance with these Terms or Innixx Platform Rules, including, without limitation, freezing Innixx Accounts or deducting the Digital Currencies awarded to Users who violate the rules.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, INNIXX SERVICES, INNIXX MATERIALS AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF INNIXX ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND INNIXX 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, INNIXX DOES NOT REPRESENT OR WARRANT THAT THE SITE, INNIXX SERVICES OR INNIXX MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. INNIXX 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 INNIXX SERVICES. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT INNIXX 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 INNIXX 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 INNIXX; AND (G) OTHER EXEMPTIONS MENTIONED IN DISCLAIMERS AND PLATFORM RULES ISSUED BY INNIXX.
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.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL INNIXX, 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 INNIXX SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF INNIXX SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF INNIXX AND ITS AFFILIATES, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF INNIXX 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 INNIXX’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 INNIXX, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OF SERVICES OFFERED BY OR ON BEHALF OF INNIXX AND ITS AFFILIATES, ANY PERFORMANCE OR NON-PERFORMANCE OF INNIXX 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 INNIXX UNDER THESE TERMS IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
You agree to indemnify and hold harmless Innixx 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:
your use of, or conduct in connection with, Innixx Services,
your breach or our enforcement of these Terms, or
your violation of any applicable law, regulation, or rights of any third party during your use of Innixx Services.
If you are obligated to indemnify Innixx Operators, their affiliates, contractors, licensors, and their respective directors, officers, employees or agents pursuant to these Terms, Innixx will have the right, in its sole discretion, to control any action or proceeding and to determine whether Innixx wishes to settle, and if so, on what terms.
Please be aware that all official announcements, news, promotions, competitions and airdrops will be listed on the mobile application . USERS UNDERTAKE TO REFER TO THESE MATERIALS REGULARLY AND PROMPTLY. INNIXX WILL NOT BE HELD LIABLE OR RESPONSIBLE IN ANY MANNER OF COMPENSATION SHOULD USERS INCUR PERSONAL LOSSES ARISING FROM IGNORANCE OR NEGLIGENCE OF THE ANNOUNCEMENTS.
You agree that Innixx shall have the right to immediately suspend your Innixx 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 Innixx for any reason including if Innixx suspects any such accounts to be in violation of these Terms, our Privacy Policy, or any applicable laws and regulations. You agree that Innixx shall not be liable to you for any permanent or temporary modification of your Innixx Account, or suspension or termination of your access to all or any portion of Innixx Services. Innixx shall reserve the right to keep and use the transaction data or other information related to such Innixx Accounts. The above account controls may also be applied in the following cases:
The Innixx Account is subject to a governmental proceeding, criminal investigation or other pending litigation;
We detect unusual activities in the Innixx Account;
We detect unauthorized access to the Innixx Account;
We are required to do so by a court order or command by a regulatory/government authority.
In case of any of the following events, Innixx shall have the right to directly terminate these Terms by cancelling your Innixx Account, and shall enjoy the right but not the obligation to permanently freeze (cancel) the authorizations of your Innixx Account on Innixx and withdraw the corresponding Innixx Account thereof:
after Innixx terminates services to you;
you allegedly register or register in any other person’s name as a Innixx 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 Innixx Account or by other means;
you request that Innixx Services be terminated; and
any other circumstances where Innixx deems it should terminate Innixx Services.
Should your Innixx 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, Innixx 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 Nigerian or other equivalent regulations) will also be subjected to the termination protocol stated above.
If Innixx is informed that any Digital Assets or funds held in your Innixx Account are stolen or otherwise are not lawfully possessed by you, Innixx may, but has no obligation to, place an administrative hold on the affected funds and your Innixx Account. If Innixx does lay down an administrative hold on some or all of your funds or Innixx Account, Innixx may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to Innixx has been provided to Innixx in a form acceptable to Innixx. Innixx will not involve itself in any such dispute or the resolution of the dispute. You agree that Innixx 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.
Except as set forth in paragraph 4 below, once a Innixx Account is closed/withdrawn, all remaining account balance (which includes charges and liabilities owed to Innixx) will be payable immediately to Innixx. Upon payment of all outstanding charges to Innixx (if any), Users will have 5 business days to withdraw all Digital Assets or funds from the account.
Innixx maintains full custody of the Digital Assets, funds and User data/information which may be turned over to governmental authorities in the event of Innixx Accounts’ suspension/closure arising from fraud investigations, investigations of violation of law or violation of these Terms.
Innixx is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in connection with any trades or other decisions or activities effected by you using Innixx Services. No communication or information provided to you by Innixx is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. Unless otherwise specified in these Terms, all trades are executed automatically, based on the parameters of your order instructions and in accordance with posted trade execution procedures, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you according to your personal investment objectives, financial circumstances and risk tolerance, and you shall be solely responsible for any loss or liability therefrom. You should consult legal or tax professionals regarding your specific situation. Innixx does not recommend that any Digital Asset should be bought, earned, sold, or held by you. Before making the decision to buy, sell or hold any Digital Asset, you should conduct your own due diligence and consult your financial advisors prior to making any investment decision. Innixx will not be held responsible for the decisions you make to buy, sell, or hold Digital Asset based on the information provided by Innixx.
It is Users’ responsibility to abide by local laws in relation to the legal usage of Innixx Services in their local jurisdiction as well as other laws and regulations applicable to Users. Users must also factor, to the extent of their local laws all aspects of taxation, the withholding, collection, reporting and remittance to their appropriate tax authorities. ALL USERS OF INNIXX SERVICES ACKNOWLEDGE AND DECLARE THAT THEIR FUNDS COME FROM LEGITIMATE SOURCES AND DO NOT ORIGINATE FROM ILLEGAL ACTIVITIES; USERS AGREE THAT INNIXX WILL REQUIRE THEM TO PROVIDE OR OTHERWISE COLLECT THE NECESSARY INFORMATION AND MATERIALS AS PER RELEVANT LAWS OR GOVERNMENT ORDERS TO VERIFY THE LEGALITY OF THE SOURCES AND USE OF THEIR FUNDS. Innixx maintains a stance of cooperation with law enforcement authorities globally and will not hesitate to seize, freeze, terminate Users’ accounts and funds which are flagged out or investigated by legal mandate.
Access to Innixx Services will require the submission of certain personally identifiable information. Please review Innixx’s Privacy Policy at https://innixx.org/privacy for a summary of Innixx’s guidelines regarding the collection and use of personally identifiable information.
PLEASE READ THIS SECTION CAREFULLY, AS IT INVOLVES A WAIVER OF CERTAIN RIGHTS TO BRING LEGAL PROCEEDINGS, INCLUDING AS A CLASS ACTION.
1. Notice of Claim and Dispute Resolution Period. Please contact Innixx first! Innixx wants to address your concerns without resorting to formal legal proceedings, if possible. If you have a dispute with Innixx, then you should contact Innixx and a ticket number will be assigned. Innixx will attempt to resolve your dispute internally as soon as possible. The parties agree to negotiate in good faith to resolve the dispute (which discussions shall remain confidential and be subject to applicable rules protecting settlement discussions from use as evidence in any legal proceeding).
In the event the dispute cannot be resolved satisfactorily, and you wish to assert a legal claim against Innixx, then you agree to set forth the basis of such claim in writing in a “Particulars of Claim,” as a form of prior notice to Innixx. The Particulars of Claim must
(1) describe the nature and basis of the claim or dispute,
(2) set forth the specific relief sought,
(3) provide the original ticket number, and
(4) include your Innixx account email.
The Particulars of Claim should be submitted to an email address or hyperlink provided in your correspondence with Innixx. After you have provided the Particulars of Claim to Innixx, the dispute referenced in the Particulars of Claim may be submitted by either Innixx or you to arbitration in accordance with paragraph 2 of this Section, below. For the avoidance of doubt, the submission of a dispute to Innixx for resolution internally and the delivery of a Notice of Claim to Innixx are prerequisites to commencement of an arbitration proceeding (or any other legal proceeding). During the arbitration, the amount of any settlement offer made by you or Innixx shall not be disclosed to the arbitrator.
2. Agreement to Arbitrate and Governing Law. You and Innixx Operators agree that, subject to paragraph 1 above, any dispute, claim, or controversy between you and Innixx (and/or Innixx Operators) arising in connection with or relating in any way to these Terms or to your relationship with Innixx (and/or Innixx Operators) as a user of Innixx Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by mandatory final and binding individual (not class) arbitration, except as set forth below under Exceptions to Agreement to Arbitrate. You and Innixx Operators further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including without limitation any objections with respect to the existence, scope or validity of the Agreement to Arbitrate, or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including, if applicable, attorney fees), except that the arbitrator may not award declaratory or injunctive relief in favour of anyone but the parties to the arbitration. The arbitration provisions set forth in this Section will survive termination of these Terms. Arbitration Rules. Unless stated otherwise in the particular terms and conditions, any arbitration arising out of or in connection with this Agreement shall be undertaken under the Rules and procedures made pursuant to the Arbitration and Conciliation Act, CAP A18, Laws of the Federation of Nigeria 2004 or any amendment made thereto shall apply. The Arbitration shall be by a sole arbitrator appointed by the Chairman of the Chartered Institute of Arbitrators UK, Nigeria Branch. The Arbitration shall be in English language and shall be held in Lagos, Nigeria. Any arbitration will be conducted in the English language. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. JUDGMENT ON ANY ARBITRAL AWARD MAY BE GIVEN IN ANY COURT HAVING JURISDICTION OVER THE PARTY (OR OVER THE ASSETS OF THE PARTY) AGAINST WHOM SUCH AN AWARD IS RENDERED. Time for Filing: ANY ARBITRATION AGAINST INNIXX OPERATORS MUST BE COMMENCED BY FILING A REQUEST FOR ARBITRATION WITHIN ONE (1) YEAR, AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD. THIS ONE YEAR LIMITATION PERIOD IS INCLUSIVE OF THE INTERNAL DISPUTE RESOLUTION PROCEDURE SET FORTH IN PARAGRAPH 1 OF THIS SECTION, ABOVE. THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. If we request arbitration against you, we will give you notice at the email address or mailing address you have provided. You agree that any notice sent to this email or mailing address shall be deemed effective for all purposes, including without limitation to determinations of adequacy of service. It is your obligation to ensure that the email address and/or mailing address on file with Innixx is up-to-date and accurate. Seat of Arbitration: The seat of the arbitration shall be Lagos. Place of Hearing: The location of any in-person arbitration hearing shall be Lagos, unless otherwise agreed to by the parties. Governing Law: These Terms (including this arbitration agreement) shall be governed by, and construed in accordance with, the laws of Lagos state. Confidentiality. The parties agree that the arbitration shall be kept confidential. The existence of the arbitration, any non-public information provided in the arbitration, and any submissions, orders or awards made in the arbitration (together, the “Confidential Information”) shall not be disclosed to any non-party. Notwithstanding the foregoing, a party may disclose Confidential Information to the extent that disclosure may be required to fulfill a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings. This confidentiality provision shall survive termination of these Terms and of any arbitration brought pursuant to these Terms.
3. Class Action Waiver. You and Innixx agree that any claims relating to these Terms or to your relationship with Innixx as a user of Innixx Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) shall be brought against the other party in an arbitration on an individual basis only and not as a plaintiff or class member in a purported class or representative action. You and Innixx further agree to waive any right for such claims to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action, to the extent permissible by applicable law. Combining or consolidating individual arbitrations into a single arbitration is not permitted without the consent of all parties, including Innixx.
4. Modifications. Innixx reserves the right to update, modify, revise, suspend, or make any future changes to Section X regarding the parties’ Agreement to Arbitrate, subject to applicable law. You hereby consent and agree that it is your responsibility to ensure that your understanding of this Section is up to date. Subject to the applicable law, your continued use of your Innixx account shall be deemed to be your acceptance of any modifications to Section X regarding the parties’ Agreement to Arbitrate. You agree that if you object to the modifications to Section X, Innixx may block access to your account pending closure of your account. In such circumstances, the Terms of Use prior to modification shall remain in full force and effect pending closure of your account.
5. Severability. If any portion of these Terms are adjudged to be invalid or unenforceable for any reason or to any extent, the remainder of these Terms will remain valid and enforceable and the invalid or unenforceable portion will be given effect to the greatest extent permitted by law. pending closure of your account.
1. Independent Parties. Innixx is an independent contractor but not an agent of you in the performance of these Terms. These Terms shall not be interpreted as facts or evidence of an association, joint venture, partnership, or franchise between the parties.
2. Entire Agreement. These Terms constitute the entire agreement between the parties regarding use of Innixx Services and will supersede all prior written or oral agreements between the parties. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter the terms herein.
3. Interpretation and Revision. Innixx reserves the right to alter, revise, modify, and/or change these Terms at any time. All changes will take effect immediately upon being published on Innixx websites. It is your responsibility to regularly check relevant pages on our websites/applications to confirm the latest version of these Terms. If you do not agree to any such modifications, your only remedy is to terminate your usage of Innixx Services and cancel your account. You agree that, unless otherwise expressly provided in these Terms, Innixx will not be responsible for any modification or termination of Innixx Services by you or any third party, or suspension or termination of your access to Innixx Services.
4. Force Majeure. Innixx will not be liable for any delay or failure to perform as required by these Terms because of any cause or condition beyond Innixx’s reasonable control.
5. Severability.If any portion of these Terms is held invalid or unenforceable, such invalidity or enforceability will not affect the other provisions of these Terms, which will remain in full force and effect, and the invalid or unenforceable portion will be given effect to the greatest extent possible.
6. Assignment. You may not assign or transfer any right to use Innixx Services or any of your rights or obligations under these Terms without prior written consent from Innixx, including any right or obligation related to the enforcement of laws or the change of control. Innixx may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.
7. Waiver. The failure of one party to require performance of any provision will not affect that party’s right to require performance at any time thereafter. At the same time, the waiver of one party to seek recovery for the other party’s violation of these Terms or any provision of applicable terms shall not constitute a waiver by that party of any subsequent breach or violation by the other party or of the provision itself.
8. Third-Party Website Disclaimer. Any links to third-party websites from Innixx Services does not imply endorsement by Innixx of any product, service, information or disclaimer presented therein, nor does Innixx guarantee the accuracy of the information contained on them. If you suffer loss from using such third-party product and service, Innixx will not be liable for such loss. In addition, since Innixx has no control over the terms of use or privacy policies of third-party websites, you should read and understand those policies carefully.
9. Contact Information. For more information on Innixx, you may refer to the company and license information found on Innixx websites. If you have questions regarding these Terms, please feel free to contact Innixx for clarification via our Customer Support team at support@innixx.org
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