Terms of Use | Huobi Gibraltar

PLEASE READ THESE TERMS OF SERVICE (“TERMS” OR THE “AGREEMENT”) CAREFULLY. By CLICKING TO ACCEPT, OR BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE.

PARTIES TO THESE TERMS

HUOBI TECHNOLOGY (GIBRALTAR) CO. LIMITED is a company incorporated and registered in Gibraltar with registration number [116647]. References in these Terms to “Huobi”, “Company”, “we”, “our” or “us” shall be to HUOBI TECHNOLOGY (GIBRALTAR) CO. Ltd, the Huobi Companies and/or their respective successors and assigns as appropriate.

References in these Terms to “your” or “you” are to the person/entity who accepts these Terms and agrees to create accounts and use the services on the Exchange Platform as set out in and on the these Terms. You and Huobi shall together be referred to as the “Parties” and references to a “Party” shall be to the relevant one of them as the context requires.

If you have any questions relating to these Terms, please contact us at [email protected]

YOU AND HUOBI HEREBY AGREE AS FOLLOWS:

1. Definitions and Interpretation

1.1 The following words and expressions used in this Agreement shall have the following meanings, unless they are inconsistent with the context:-

“Account Holder”

means a person or an entity that creates an account on the Exchange Platform, uses the Services, and agrees to follow these Terms.

“Account”

Shall mean an account created by an Account Holder on the Exchange Platform in order to use the Services which include the dedicated Virtual Currency Wallets for Account Holders for each Virtual Currency offered on the Exchange Platform

“Applicable Law”

means Gibraltar law or regulation or any other laws, rules or regulations of other territories or jurisdictions (as the case may be) and as may be amended from time to time;

“Assets”

Means any Virtual Currencies as may be supported on the Exchange Platform which are held in a Virtual Currency Wallet on the Exchange Platform pursuant to these Terms

“Blockchain”

means the public transaction ledger for a particular Virtual Currency available on the Exchange Platform

“Buyer”

shall mean an Account Holder who places an Order to buy Virtual Currency through the Exchange Platform and enter into a Trade

“Confirmation Protocol”

means the requirement that a transfer of Virtual Currency, may not be deemed settled and completed until the transaction has been recorded in a block and a number of consecutive subsequent blocks referring back to such block have been added to the Blockchain of such Virtual Currency in a way such that any reversal or attempt to reverse such blockchain recordation becomes economically impracticable

“Exchange Platform”

shall mean the website and digital platform created by Huobi for the buying selling and storing of Virtual Currency at www.huobi.gi

“Personal Data”

shall have the meaning as prescribed in the Data Protection Act 2004 as may be amended from time to time

“Transaction(s)”

shall have the meaning as prescribed in clause 4

“Seller”

shall mean an Account Holder who places an Order to sell Virtual Currency through the Exchange Platform and enter into a Trade

“Services”

means the services offered on the Exchange Platform which include the buying, selling and storing of Virtual Currencies from other Account Holders

“Virtual Currency”

means any virtual currency or digital asset that may be supported on the Exchange Platform from time to time;

“Virtual Currency Wallet”

means a means, through software application or other mechanism, for holding, storing and transferring Virtual Currency.

1.2 In these Terms unless otherwise specified:-

1.2.1 references to clauses are to clauses of these Terms;

1.2.2 a reference to a sub-clause is to a sub-clause of the clause in which such reference appears, to a paragraph is to a paragraph of the sub-clause in which such reference appears and to a sub-paragraph is to a sub-paragraph of the paragraph in which such reference appears;

1.2.3 a reference to any statute or statutory provision shall be construed as a reference to the same as it may have been, or may from time to time be, amended, modified, or re-enacted after the date of these Terms;

1.2.4 references to writing shall include any models of reproducing words in a legible and non-transitory form;

1.2.5 headings are for convenience only and do not affect the interpretation of this Agreement; and

1.2.6 the Schedule forms part of this Agreement and shall effect as if set out in full in the body of this Agreement.

2. The Services

2.1.1. In order to avail themselves of the Services on the Exchange Platform you are required to register and become an Account Holder.

2.1.2. You are only allowed to register to become an Account Holder, use the Services and/or use the Exchange Platform if you are at least 18 years of age and eligible in accordance with the laws of your jurisdiction or under the laws of any other jurisdiction to which you may be subject. Huobi has no obligation or capability to, and therefore does not, verify whether you are eligible to use any of the Services and/or use the Exchange Platform and we shall not bear any responsibility for your use of the Services and/or use the Exchange Platform.

2.1.3. As part of the registration process and prior to becoming Account Holders, you must submit in a manner acceptable to Huobi and in such manner as Huobi may prescribe such documentation as may be required by Huobi from time to time in order to comply with their due diligence requirements under Applicable Law. This documentation may include, but not limited to due diligence documents such as proof of identity, funds and address.

2.1.4. Huobi may directly or indirectly (through third parties), make any inquiries as we consider necessary to check the relevance and accuracy of the information provided for verification purposes.

2.1.5. Depending on the Account Holder’s place of Residence, some or all of the Services may not be available at the discretion of Huobi.

2.1.6. By becoming an Account Holder and/or using any of the Services offered on the Exchange Platform you agree to be bound by these Terms which represent a binding legal contract between the Parties.

3. Transactions

3.1. Account Holders are able to use the Services in order to enter into Transactions.

3.2. “Transaction” shall mean (i) transfer of Virtual Currency belonging to an Account Holder and held in a Virtual Currency Wallet belonging to the Account Holder outside of the Exchange Platform to his/her Account (a “Deposit”); (ii) transfer of Virtual Currency from an Account Holders Account to a Virtual Currency Wallet outside of the Exchange Platform (a “Withdrawal”) and (ii) the buying and selling of Virtual Currency on the Exchange Platform between Account Holders from their respective Accounts (a “Trade”).

3.3. Transactions can be entered into by Account Holders by giving instructions through the Exchange Platform (an “Order”)

3.4. Orders for Trades are executed immediately upon the automatic matching by the Exchange Platform of a Buyer’s and Seller’s Orders without prior notice to the Buyer and/or Seller.

3.5. By placing an Order you agree that once an Order is executed through the Exchange Platform such Transaction is irreversible and may not be cancelled.

3.6. The value of Orders to purchase or sell Virtual Currency shall be determined by the Buyer and Seller respectively and shall not be set by Huobi.

3.7. Where you elect to place an Order at the shown ‘market value’ of a Virtual Currency on the Exchange Platform, you understand and accept that this is not a value set by Huobi on the Exchange Platform and may not represent the true market value of the relevant Virtual Currency nor does it represent the most favourable value of the relevant Virtual Currency.

3.8. Transactions for Deposits or Withdrawals may be delayed and may not be reflected on your Account or on a Virtual Currency Wallet (in the case of Withdrawals) until such time as the relevant Confirmation Protocol has been carried out.

3.9. Where you make a Deposit or Withdrawal you agree that you are aware of the risk of transmitting/sending Virtual Currency to the wrong Virtual Currency Wallet which may lead to the irretrievable loses of your Virtual Currency

3.10. Huobi may set minimum and maximum Order amounts for Transactions which can be seen on the Exchange Platform when placing an Order. Orders for Transactions below or above the set minimum and maximums will not be accepted on the Exchange Platform.

3.11. It may become necessary for Huobi to round up or limit the number of decimals following the separator for Virtual Currency Transactions. Where it is necessary to limit decimals Huobi will round the relevant value to the figure most beneficial to Huobi.

3.12. By placing an Order you agree that you are solely responsible for determining whether any contemplated Transaction is appropriate for you based on your personal goals, financial status and risk willingness.

4. Fees

4.1. Transactions on the Exchange Platform are liable to the relevant Transaction Fee as set out in Schedule 1 of these Terms.

4.2. By placing an Order you agree to pay the relevant Transaction Fee

4.3. Upon completion of a Transaction you agree that the applicable Transaction Fee may be automatically be applied at such rate as may be calculated by the Exchange Platform in accordance with Schedule 1 of the Terms and the Transaction Fee shall be deducted from your Order.

4.4. Huobi reserves the right, and you agree to give Huobi, the right, to unilaterally vary any and all Transactions Fees. Where a Transaction Fee is varied it shall become immediately effective upon it being published on the Exchange Platform.

5. Your Representations and Warranties

By using the Exchange Platform and availing yourself of the Services you hereby agree, represent and warrant that:

a) you have read understood and accept these Terms;

b) you have the necessary authority and consent to accept these Terms, to enter into a binding agreement with Huobi and to perform the obligations set out herein;

c) you have sufficient understanding of the functionality, usage, storage, transmission mechanisms and intricacies associated with Virtual Currency (like Bitcoin and Ethereum), Virtual Currency storage facilities (including Virtual Currency Wallets), Blockchains and blockchain-based software systems;

d) if you are an individual, you are at least 18 years of age, you have sufficient legal capacity to accept these Terms and to enter into a binding agreement with Huobi on the terms set out herein;

e) you shall not use the Exchange Platform for any purpose that is illegal, such as but not limited to:

i. human trafficking;

ii. money laundering, terrorist financing, proliferation of weapons of mass destruction;

iii. any goods of services that are illegal or the promotion, offer or marketing of which is illegal or that are offered in connection with illegal, obscene or pornographic content, depict children or minors in sexual postures, depict means of propaganda of signs of unconditional organisations glorifying war or violating human dignity;

iv. any goods or services, promotion, offer or marketing of which would violate copyrights, industrial property rights or other rights of any person;

v. archaeological findings;

vi. drugs, narcotics or hallucinogens;

vii. weapons of any kind;

viii. illegal gambling services;

ix. Ponzi, pyramid or any other “get rich quick” schemes;

x. goods that are subject to any trade embargo;

xi. media that is harmful to minors and violates laws and, in particular, the provision in respect of the protection of minors;

xii. body parts or human remains;

xiii. protected animals or protected plants;

xiv. any other illegal goods, services or transactions.

f) you shall not use any Virtual Currency you receive through the Exchange Platform to finance, engage in, or otherwise support any unlawful activities;

g) you shall not interfere with or attempt to interrupt the proper operation of the Exchange Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Exchange Platform through hacking, passwords or data mining, or any other means;

h) using the Exchange Platform or enter into Transactions is not unlawful or prohibited under the laws of your jurisdiction or under the laws of any other jurisdiction to which you may be subject and any Transaction shall be made in full compliance with applicable laws (including, but not limited to, in compliance with any tax obligations to which you may be subject in any relevant jurisdiction);

i) you will comply with any applicable tax obligations in your jurisdiction arising from your acquisition, storage, sale or transfer of any Virtual Currency that may arise from your use of the Services and/or Exchange Platform;

j) to monitor all and any changes to your Account;

k) you will take all steps to maintain and ensure the confidentiality of your Account’s credentials, including, but not limited to passwords and emails and/or usernames.

l) to immediately inform of any unauthorized use of your Account or password, or any other breach of security by email addressed to [email protected] Any User who violates the mentioned rules may be terminated, and thereafter held liable for any losses incurred by CEX.IO or any user of the Site.

m) you are responsible for any and all damages caused, and all liability actions brought against Huobi for any breach infringement of these Terms or of any third-party rights or violation of any applicable laws.

n) nothing in these Terms excludes or limits the liability of the Account Holder for fraud, death or personal injury caused by their negligence, breach of the Terms implied by operation of law or any other liability which may not be limited or excluded by law.

o) The risk of transmitting/sending Virtual Currency to the wrong wallet address;

p) any errors or malfunctions caused by or otherwise related to the Exchange Platform including your own failure to properly maintain or use your Account may result in the loss of your Virtual Currency.

q) to provide Huobi with correct and relevant documents and personal information upon request. In case the User provides counterfeit documents and false personal information, such behaviour will be interpreted as a fraudulent activity.

6. Huobi’s Obligations

6.1. Our obligations in respect of the Services shall be limited to:

6.1.1. using reasonable technical efforts to ensure the receipt of Virtual Currency when placing Orders for Deposits or Withdrawals;

6.1.2. when executing Withdrawals, ensuring the transfer of the necessary technical data to the relevant Blockchain;

6.1.3. providing the Services with reasonable care and skill;

6.2. Huobi shall not be responsible for any delay in the processing of Transactions nor for any losses howsoever and whatsoever arising as a result of such delays;

6.3. Nothing in these Terms excludes or limits the responsibility of Huobi for fraud, death, or personal injury caused by their negligence, breach of the terms implied by operation of the law or any other liability which may not be limited or excluded by law.

7. Suspension or Termination

7.1.1. We reserve the right to suspend or terminate your Account at any time for any reason including but not limited to your breach of these Terms (including fraudulent activity) without prior notice or liability. We also reserve the right to change, suspend, or discontinue all or any part of the Exchange Platform any time without prior notice or liability.

7.1.2. Further Should your Huobi Account be suspended or terminated you may lose access to your Account which may result in any Virtual Currency stored or held on your Account becoming unavailable.

8. Risks

By becoming an Account Holder and using the Exchange Platform you expressly acknowledge, accept and assume the following risks:

a) Risk of software weaknesses: because the Exchange Platform is based on Blockchains, any malfunction, breakdown or abandonment of any Blockchain may have a material adverse effect on the Exchange Platform. Moreover, advances in cryptography, or technical advances such as the development of quantum computing, could present risks to the Exchange Platform, by rendering ineffective the cryptographic consensus mechanism that underpins Blockchains.

b) Regulatory risk: blockchain technology allows new forms of interaction and it is possible that certain jurisdictions will apply existing regulations on, or introduce new regulations addressing, blockchain technology based applications, which may be contrary to the current setup of the smart contract system and which may, inter alia, result in substantial modifications to the Exchange Platform, including its termination.

c) Risks associated with uncertain regulations and enforcement actions: Huobi may cease operations in a jurisdiction in the event that regulatory actions, or changes to law or regulation, make it illegal to operate in such jurisdiction, or commercially undesirable to obtain the necessary regulatory approval(s) to operate in such jurisdiction. This may result in you losing access to your Account and may further result in the loss of any Virtual Currency stored or held on your Account.

d) Risk of mining attacks: Blockchains are susceptible to mining attacks, including but not limited to double-spend attacks, majority mining power attacks, “selfish-mining” attacks, and rare condition attacks. Any successful attacks present a risk to the Exchange Platform, and the expected proper execution and sequencing of Transaction. You understand and accept that the network of miners will ultimately be in control of the delivery of Virtual Currency via the Blockchain, and that a majority of miners could agree at any point to make changes, updates, modifications to, or effect a deletion or destruction the Blockchain.

e) Risk of uninsured losses: unlike bank accounts or accounts at some other financial institutions, any Virtual Currency held in your Account are uninsured unless you specifically obtain private insurance to insure them. Thus, in the event of loss, there is no public insurer or private insurance arranged by us, to offer recourse to you.

f) Risks arising from taxation: the tax characterization of Virtual Currency is uncertain. You must seek your own tax advice in connection with acquisition, storage, transfer and use of any Virtual Currency, which may result in adverse tax consequences to you, including, without limitation, withholding taxes, transfer taxes, value added taxes, income taxes and similar taxes, levies, duties or other charges and tax reporting requirements.

g) Risk of dissolution of the Company or network: it is possible that, due to any number of reasons, including, but not limited to, the negative adoption of the Exchange Platform, the failure of commercial relationships, or intellectual property ownership challenges, the Exchange Platform may no longer be viable to operate and Huobi may dissolve which may result in any Virtual Currency stored or held on your Account becoming irrecoverable and/or permanently lost.

h) Unanticipated Risks: Virtual Currency and blockchain technology are a new and untested technology. In addition to these risks, there are other risks associated with your acquisition, storage, transfer and use of any Virtual Currency via your Account, including those that Huobi may not be able to anticipate. Such risks may further materialize as unanticipated variations or combinations of these risks.

9. Intellectual Property

9.1 In this clause 9, “Huobi IP Rights” means in relation to Huobi, the Exchange Platform and the Huobi website, all: (i) patents, inventions, designs, copyright and related rights, database rights, knowhow and confidential information, trademarks and related goodwill, trade names (whether registered or unregistered), and rights to apply for registration; (ii) all other rights of a similar nature or having an equivalent effect anywhere in the world which currently exist or are recognised in the future; and (iii) all applications, extensions and renewals in relation to any such rights.

9.2 Except as expressly set out in these Terms, you are not entitled, for any purpose, to any Huobi IP Rights. We shall at all times retain ownership, including all rights, title and interests in and to the Huobi IP Rights and you understand and accept that by using the Services pursuant to these Terms you shall not:

a) acquire or otherwise be entitled to any Huobi IP Rights;

b) make a claim in respect of any Huobi IP Rights or any other equivalent rights; or

c) use, attempt to use, copy, imitate or modify (whether in whole or in part) any Huobi IP Rights, except with our prior written consent.

10. Indemnity

10.1 To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Huobi and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (the “Huobi Parties”) from and against any and all claims, demands, actions, damages, losses, costs and expenses (including reasonable professional and legal fees) that arise from or relate to:

a) your use of the Services and/or Exchange Platform under these Terms;

b) the performance or non-performance of your responsibilities or obligations under these Terms;

c) your breach of any of the terms and conditions set out in these Terms; or

d) your breach of any rights of any other person or entity.

10.2 Huobi reserves the right to exercise sole control over the defence, at your sole cost and expense, of any claim subject to an indemnity set out in clause 10.1.

10.3 The indemnity set out in this clause 10 is in addition to, and not in lieu of, any other remedies that may be available to Huobi under applicable law.

11. Disclaimers

To the fullest extent permitted by applicable law and except as otherwise specified in writing by us:

a) the Exchange Platform is available on an “as is” and “as available” basis, without any warranties or representations of any kind, and we expressly disclaim all warranties and representations relating to the Services (whether express or implied), including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement;

b) we do not represent or warrant that the Exchange Platform is reliable, current or defect-free, meet your expectations, or that any defects will be corrected; and

c) we make no warranties, claims or guarantees related to any of our users, including but not limited to:

i) the merchantability of Virtual Currency;

ii) the identity of the users;

iii) the location of the user;

iv) the reliability of the users; or

v) the accuracy of any information created or provided by any user.

d) we are not responsible for the accuracy of the information present on the Exchange Platform and any use of the Exchange Platform is at your own discretion and risk.

12. Limitation of Liability

12.1 to the fullest extent permitted by applicable law, in no circumstances shall:

a) Huobi or any of the Huobi Parties (where applicable) be liable for any direct, indirect, special, incidental or consequential loss of any kind (including, but not limited to, loss of revenue, income, business or profits, loss of contract or depletion of goodwill, loss of anticipated savings, loss of use or data, or damages for business interruption or any like loss) arising out of or in any way related to the use of Services and/or the Exchange Platform or otherwise related to these Terms, regardless of the cause of action, whether based in contract, tort (including negligence), breach of statutory duty, restitution or any other legal or equitable basis (even if Huobi or any of the Huobi Parties have been advised of the possibility of such losses and regardless of whether such losses were foreseeable); and

b) the aggregate liability of Huobi and the Huobi Parties (jointly), whether in contract, tort (including negligence), breach of statutory duty, restitution or any other legal or equitable basis, arising out of or relating to these Terms or the use of or inability to use the Exchange Platform, exceed £1,000 (one thousand pounds).

c) The limitations and exclusions of liability set out in clause 12.1 shall not limit or exclude liability for the gross negligence, fraud or intentional, wilful or reckless misconduct of Huobi, nor shall it limit or exclude any losses for which, as a matter of applicable law, it would be unlawful to limit or exclude liability.

13. Taxation

13.1 You are solely responsible for determining whether any action or Transaction contemplated by these Terms or related to the Exchange Platform will give rise to any tax implications on your part.

13.2 You are also solely responsible for withholding, collecting, reporting, paying, settling and/or remitting any/or all other taxes to which you may become liable to the appropriate tax authorities in such jurisdiction(s) in which you may be liable to pay tax howsoever arising. Huobi shall not be responsible for withholding, collecting, reporting, paying, settling and/or remitting any taxes (including, but not limited to, any income, capital gains, sales, value added or similar tax) which may arise from any action or transaction contemplated by these Terms or related to the Exchange Platform.

14. Data Protection

14.1 As part of the registration process to become and Account Holder we may require you to provide Personal Data relating to (without limitation):

a) your identity;

b) your email address;

c) your telephone number;

d) any other data from which you can be identified,

14.3 We shall process your Personal Data in accordance with the Data Protection Act 2004, as may be amended (“Data Protection Act”), and in accordance with our Privacy Policy at [URL].[MB1]

15. Dispute Resolution by Arbitration

PLEASE READ THE FOLLOWING CLAUSE CAREFULLY BECAUSE IT CONTAINS CERTAIN PROVISIONS, SUCH AS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS. THIS CLAUSE REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH HUOBI AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

15.1 Binding Arbitration. Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either Party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Huobi (i) waive your and Huobi’s respective rights to have any and all Disputes arising from or related to these Terms resolved in a court, and (ii) waive your and Huobi’s respective rights to a jury trial. Instead, you and Huobi will arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).

15.2 No Class Arbitrations, Class Actions or Representative Actions. Any Dispute arising out of or related to these Terms is personal to you and Huobi and will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempt to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

15.3 Arbitration Rules. Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the rules of the London Court of International Arbitration (“LCIA Rules”), which are available at http://www.lcia.org/Dispute_Resolution_Services/lcia-arbitration-rules-2014.aspx and are deemed to be incorporated by reference in this clause 15. By agreeing to be bound by these Terms, you either (i) acknowledge and agree that you have read and understand the LCIA Rules, or (ii) waive your opportunity to read the LCIA Rules and any claim that the LCIA Rules are unfair or should not apply for any reason.

15.4 Notice; Informal Dispute Resolution. Each Party will notify the other Party in writing of any Dispute within thirty (30) days of the date it arises, so that the Parties can attempt in good faith to resolve the Dispute informally. Notice to Huobi shall be sent by e-mail to Huobi at [[email protected]]. Notice to you shall be sent to any address you provide to us in writing in a notice. Your notice must include (i) your name, postal address, email address and telephone number, (ii) a description in reasonable detail of the nature or basis of the Dispute, and (iii) the specific relief that you are seeking. If you and Huobi cannot agree how to resolve the Dispute within thirty (30) days after the date the notice is received by the applicable Party, then either you or Huobi may, as appropriate and in accordance with this clause 15, commence an arbitration proceeding or, to the extent specifically provided for in clause 15.1, file a claim in court.

15.5 Process. The seat, or legal place, of arbitration shall be Gibraltar. The arbitration will be conducted confidentially by a single arbitrator appointed in accordance with the LCIA Rules. The language to be used in the arbitration proceedings shall be English. The governing law of these Terms shall be the substantive law of Gibraltar and the Gibraltar court will have exclusive jurisdiction over any appeals and the enforcement of an arbitration decision.

15.6 Authority of Arbitrator. These Terms, the applicable LCIA Rules and the arbitrator will have (i) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute may be subject to arbitration, and (ii) the authority to grant any remedy that would otherwise be available in court, provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative or class action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

15.7 Severability of Dispute Resolution and Arbitration Provisions. If any term, clause or provision of this clause 15 is held invalid or unenforceable, it will be so held to the minimum extent applicable and required by law, and all other terms, clauses and provisions of this clause 15 will remain valid and enforceable. Further, the waivers set forth in clause 15.2 above are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.

16. Force Majeure

Neither Huobi nor any member of the Huobi Companies shall be liable or responsible to you, or be deemed to have breached these Terms, for any failure or delay in fulfilling or performing its obligations under these Terms, if and to the extent such failure or delay is caused by, results from or is otherwise connected to acts beyond its reasonable control, including, without limitation: (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist, hacking or cyber threats, attacks or acts, or other civil unrest; (d) any laws, statutes, ordinances, rules, regulations, judgments, injunctions, orders and decrees; or (e) action by any nation or government, state or other political subdivision thereof, any entity exercising legislative, regulatory, judicial or administrative functions of or pertaining to government, including, without limitation, any government authority, agency, department, board, commission or council.

17. Miscellaneous

17.1 We may amend these Terms from time to time, including where there are changes to the functionality of the Exchange Platform or as may be otherwise required by any laws or regulatory requirements to which we are subject. If we make any amendments to these Terms, we will publish a notice together with the updated Terms on our website and we will change the “Last Updated” date at the top of these Terms. Any amended Terms shall become effective immediately upon the publication of a notice and the updated Terms on our website. It is your responsibility to regularly check our website for any such notices and updated Terms.

17.2 If any term, clause or provision of these Terms is found to be illegal, void or unenforceable (in whole or in part), then such term, clause or provision shall be severable from these Terms without affecting the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms, which shall remain in full force and effect.

17.3 These Terms constitute the entire agreement between the Parties in relation to its subject matter. These Terms replace and extinguish any and all prior agreements, draft agreements, arrangements, warranties, statements, assurances, representations and undertakings of any nature made by, or on behalf of the Parties, whether oral or written, public or private, in relation to that subject matter.

17.4 You acknowledge that by accepting these Terms, you have not relied on any oral or written statements, warranties, assurances, representations or undertakings which were or may have been made by or on behalf of Huobi in relation to the subject matter of these Terms at any time before your acceptance of them (“Pre-Contractual Statements”), other than those set out in these Terms. You hereby waive any and all rights and remedies which might otherwise be available in relation to such Pre-Contractual Statements.

17.5 Nothing in these Terms shall be deemed to create any form of partnership, joint venture or any other similar relationship between you and Huobi and/or other individuals or entities involved with the development and deployment of the Exchange Platform.

17.6 Subject to clause 15, these Terms and any dispute or claim arising out of or in connection with their subject matter or formation (including non-contractual disputes and claims) shall be governed by and construed in accordance with Gibraltar Law.

17.7 The Parties irrevocably agree that the Gibraltar courts shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes and claims).

SCHEDULE 1

Transaction Fees

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