Last revised: 29 December 2022
These Coinom Terms of Use is entered into between you (hereinafter referred to as “you” or “your”) and Coinom operators (as defined below). By accessing, downloading, using or clicking on “I agree” to accept any Coinom Services (as defined below) provided by Coinom (as defined below), you agree that you have read, understood and accepted all of the terms and conditions stipulated in these Terms of Use (hereinafter referred to as “these Terms”) as well as our Privacy Policy at www.coinom.com/privacy. 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 Coinom 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 COINOM SERVICES, YOU ACKNOWLEDGE AND AGREE THAT: (1) YOU ARE AWARE OF THE RISKS ASSOCIATED WITH TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES; (2) YOU SHALL ASSUME ALL RISKS RELATED TO THE USE OF COINOM SERVICES AND TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES; AND (3) COINOM SHALL NOT BE LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES.
By accessing, using or attempting to use Coinom 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 Coinom or utilize Coinom services.
Definitions
1. Coinom refers to an ecosystem comprising Coinom websites (whose domain names include https://www.coinom.com)
2. Coinom Accounts refer to the foundational virtual accounts, including main accounts and sub accounts, which are opened by Coinom for Users to record on Coinom their usage of Coinom Services, transactions, asset changes and basic information. Coinom Accounts serve as the basis for Users to enjoy and exercise their rights on Coinom.
3. Coinom Services refer to various services provided to you by Coinom that are based on Internet and/or blockchain technologies and offered via Coinom websites (including new ones enabled by future technological development)
4. Coinom Platform Rules refer to all rules, interpretations, announcements, statements, letters of consent and other contents that have been and will be subsequently released by Coinom, as well as all regulations, implementation rules, product process descriptions, and announcements published in the Help Center or within products or service processes.
5. Crypto-to-crypto Trading refers to spot transactions in which one digital currency is exchanged for another digital currency.
6. Digital Currencies refer to encrypted or digital tokens or cryptocurrencies with a certain value that are based on blockchain and cryptography technologies and are issued and managed in a decentralized form.
7. Digital Assets refer to Digital Currencies, their derivatives or other types of digitalized assets with a certain value.
8. Users refer to all individuals, institutions or organizations that use Coinom or Coinom Services.
General Provisions
1. About These Terms
a. Contractual Relationship
These Terms constitute a legal agreement and create a binding contract between you and Coinom.
b. Supplementary Terms
Due to the rapid development of Digital Currencies and Coinom, these Terms between you and Coinom 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 (（）), COINOM PLATFORM RULES, AND ALL OTHER AGREEMENTS ENTERED INTO SEPARATELY BETWEEN YOU AND COINOM ARE DEEMED SUPPLEMENTARY TERMS THAT ARE AN INTEGRAL PART OF THESE TERMS AND SHALL HAVE THE SAME LEGAL EFFECT. YOUR USE OF COINOM SERVICES IS DEEMED YOUR ACCEPTANCE OF THE ABOVE SUPPLEMENTARY TERMS.
c. Changes to These Terms
Coinom reserves the right to change or modify these Terms in its discretion at any time. Coinom will notify such changes by updating the terms on its website and modifying the [Last revised] date displayed on this page. ANY AND ALL MODIFICATIONS OR CHANGES TO THESE TERMS WILL BECOME EFFECTIVE UPON PUBLICATION ON THE WEBSITE OR RELEASE TO USERS. THEREFORE, YOUR CONTINUED USE OF COINOM 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 COINOM 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 Coinom SERVICES.
2. About Coinom
As an important part of the Coinom Ecosystem, Coinom mainly serves as a global online platform for Digital Assets trading, and provides Users with a trading platform, financing services, technical services and other Digital Assets-related services.
Although Coinom has been committed to maintaining the accuracy of the information provided through Coinom Services and Coinom Blog, Coinom cannot and does not guarantee its accuracy, applicability, reliability, integrity, performance or appropriateness, nor shall Coinom be liable for any loss or damage that may be caused directly or indirectly by your use of these contents. The information about Coinom Services may change without notice, and the main purpose of providing such information is to help Users make independent decisions. Coinom does not provide investment or consulting advice of any kind, and is not responsible for the use or interpretation of information on Coinom or any other communication medium. All Users of Coinom Services must understand the risks involved in Digital Assets trading, and are recommended to exercise prudence and trade responsibly within their own capabilities.
3. Coinom Account Registration and Requirements
a. Registration
All Users must apply for a Coinom Account at (https://my.coinom.com) before using Coinom Services. To register, only an email and password are required, and we do not ask for any other information from you.
b. Eligibility
By registering to use a Coinom Account, you represent and warrant that: (i) as an individual, you are at least 18 or are of legal age to form a binding contract under applicable laws; (ii) as an individual, legal person, or other organization, you have full legal capacity and sufficient authorizations to enter into these Terms; (iii) you have not been previously suspended or removed from using the Coinom Platform or the Coinom Services;
c. Account Usage Requirements
The Coinom Account can only be used by the account registrant. Coinom reserves the right to suspend, freeze or cancel the use of Coinom 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 Coinom immediately. Coinom assumes no liability for any loss or damage arising from the use of Coinom Account by you or any third party with or without your authorization.
d. Account Security
Coinom has been committed to maintaining the security of User entrusted funds, and has implemented industry standard protection for Coinom 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 Coinom Account and personal information.
You should be solely responsible for keeping safe of your Coinom Account and password, and be responsible for all the transactions under your Coinom Account. Coinom 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 Coinom Account, you hereby agree that:
you will notify Coinom immediately if you are aware of any unauthorized use of your Coinom Account and password or any other violation of security rules;
you will strictly abide by all mechanisms or procedures of Coinom regarding security, authentication, trading, charging, and withdrawal; and
you will take appropriate steps to logout from Coinom at the end of each visit.
Coinom Services
Upon completion of the registration, you may use various Coinom Services. Coinom has the right to:
Provide, modify or terminate, in its discretion, any Coinom Services; and
Allow or prohibit some Users’ use of any Coinom Services in accordance with relevant Coinom Platform Rules.
Coinom has the exclusive authority to determine which Digital Assets are listed on the platform and may add or remove Digital Assets from the platform in its sole discretion, from time to time. Coinom may also change the order size available for each Digital Asset. In respect of such additions, removals, or amendments, Coinom may, but is not obliged to, notify Users in advance and Coinom shall have no liability to Users in connection with such additions, removals or amendments.
1. Service Usage Guidelines
a. License
Provided that you constantly comply with the express terms and conditions stated in these Terms, Coinom grants you a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sublicensable license to access and use Coinom Services through your computer or Internet compatible devices for your personal/internal purposes. You are prohibited to use Coinom 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 Coinom Services should be stipulated in the discretion of Coinom. Coinom reserves all rights not expressly granted in these Terms. Therefore, you are hereby prohibited from using Coinom Services in any way not expressly authorized by these Terms.
These Terms only grant a limited license to access and use Coinom Services. Therefore, you hereby agree that when you use Coinom Services, Coinom does not transfer Coinom Services or the ownership or intellectual property rights of any Coinom 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 Coinom Services, are exclusively owned, controlled and/or licensed by Coinom Operators or its members, parent companies, licensors or affiliates.
Coinom owns any feedback, suggestions, ideas, or other information or materials (hereinafter collectively referred to as “Feedback”) about Coinom or Coinom Services that you provide through email, Coinom Services, or other ways. You hereby transfer all rights, ownership and interests of the Feedback and all related intellectual property rights to Coinom. 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 Coinom Services, you agree and undertake to comply with the following provisions:
During the use of Coinom Services, all activities you carry out should comply with the requirements of applicable laws and regulations, these Terms, and various guidelines of Coinom ;
Your use of Coinom 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 Coinom 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 Coinom, the following commercial uses of Coinom data are prohibited:
1) Trading services that make use of Coinom quotes or market bulletin board information.
2) Data feeding or streaming services that make use of any exchange data of Coinom.
3) Any other websites/apps/services that charge for or otherwise profit from (including through advertising or referral fees) market data obtained from Coinom.
Without prior written consent from Coinom, 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 Coinom Services in any way, in order to obtain or attempt to obtain any materials, documents or information in any manner not purposely provided through Coinom Services; (ii) attempt to access any part or function of the properties without authorization, or connect to Coinom Services or any Coinom servers or any other systems or networks of any Coinom Services provided through the services by hacking, password mining or any other unlawful or prohibited means; (iii) probe, scan or test the vulnerabilities of Coinom Services or any network connected to the properties, or violate any security or authentication measures on Coinom Services or any network connected to Coinom Services;
(iv) reverse look-up, track or seek to track any information of any other Users or visitors of Coinom Services; (v) take any actions that imposes an unreasonable or disproportionately large load on the infrastructure of systems or networks of Coinom Services or Coinom, or the infrastructure of any systems or networks connected to Coinom services; (vi) use any devices, software or routine programs to interfere with the normal operation of Coinom Services or any transactions on Coinom Services, or any other person’s use of Coinom Services; (vii) forge headers, impersonate, or otherwise manipulate identification, to disguise your identity or the origin of any messages or transmissions you send to Coinom, or (viii) use Coinom Services in an illegal way.
By accessing Coinom Services, you agree that Coinom 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.
2. Crypto-to-crypto Trading
Upon completion of the registration Coinom Account, you may conduct Crypto-to-crypto Trading on Coinom in accordance with the provisions of these Terms and Coinom Platform Rules.
a. Orders
Upon sending an instruction of using Coinom 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 Coinom’s order book to match other users’ Orders. If one of your Orders fully or partially matches another user’s Order, Coinom 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 Coinom to temporarily control the Digital Currencies involved in your Transaction.
b. Cancellation
For Orders initiated through Coinom 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 Coinom’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. Coinom 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, Coinom 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 Coinom are deducted as stated in paragraph (c) below).
Termination of Agreement
1. Suspension of Coionm Accounts
You agree that Coionm shall have the right to immediately suspend your Coionm 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 Coionm for any reason including if Coinom suspects any such accounts to be in violation of these Terms, our Privacy Policy, or any applicable laws and regulations. You agree that Coionm shall not be liable to you for any permanent or temporary modification of your Coionm Account, or suspension or termination of your access to all or any portion of Coinom Services. Coionm shall reserve the right to keep and use the transaction data or other information related to such Coinom Accounts. The above account controls may also be applied in the following cases:
The Coionm Account is subject to a governmental proceeding, criminal investigation or other pending litigation;
We detect unusual activities in the Coionm Account;
We are required to do so by a court order or command by a regulatory/government authority.
2. Cancellation of Coinom Accounts
In case of any of the following events, Coinom shall have the right to directly terminate these Terms by cancelling your Coinom Account, and shall enjoy the right but not the obligation to permanently freeze (cancel) the authorizations of your Coinom Account on Coinom and withdraw the corresponding Coinom Account thereof:
after Coinom terminates services to you;
you allegedly register or register in any other person’s name as a Coinom 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 Coinom Account or by other means;
you request that Coinom Services be terminated; and
any other circumstances where Coinom deems it should terminate Coinom Services.
Should your Coinom 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, Coinom shall have the right to notify your counterparty of the situation at that time. You acknowledge that a user-initiated account exit (right to erasure under GDPR or other equivalent regulations) will also be subjected to the termination protocol stated above.
If Coinom is informed that any Digital Assets or funds held in your Coinom Account are stolen or otherwise are not lawfully possessed by you, Coinom may, but has no obligation to, place an administrative hold on the affected funds and your Coinom Account. If Coinom does lay down an administrative hold on some or all of your funds or Coinom Account, Coinom may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to Coinom has been provided to Coinom in a form acceptable to Coinom. Coinom will not involve itself in any such dispute or the resolution of the dispute. You agree that Coinom 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.
3. Remaining Funds After Coinom Account Termination
Except as set forth in paragraph 4 below, once a Coinom Account is closed/withdrawn, all remaining account balance (which includes charges and liabilities owed to Coinom) will be payable immediately to Coinom. Upon payment of all outstanding charges to Coinom (if any), Users will have 5 business days to withdraw all Digital Assets or funds from the account.
4. Remaining Funds After Coinom Account Termination Due to Fraud, Violation of Law, or Violation of These Terms
Coinom maintains full custody of the Digital Assets, funds and User data/information which may be turned over to governmental authorities in the event of Coinom Accounts’ suspension/closure arising from fraud investigations, investigations of violation of law or violation of these Terms.
VII. No Financial Advice
Coinom 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 Coinom Services. No communication or information provided to you by Coinom 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. Coinom 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. Coinom will not be held responsible for the decisions you make to buy, sell, or hold Digital Asset based on the information provided by Coinom.
Privacy Policy
Access to Coinom Services will require the submission of certain personally identifiable information. Please review Coinom’s Privacy Policy at www.coinom.com/privacy for a summary of Coinom’s guidelines regarding the collection and use of personally identifiable information.
X. Resolving Disputes: Forum, Arbitration, Class Action Waiver
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 Coinom first! Coinom wants to address your concerns without resorting to formal legal proceedings, if possible. If you have a dispute with Coinom, then you should contact Coinom and a ticket number will be assigned. Coinom 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 Coinom, then you agree to set forth the basis of such claim in writing in a “Notice of Claim,” as a form of prior notice to Coinom. The Notice 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 Coinom account email. The Notice of Claim should be submitted to an email address or hyperlink provided in your correspondence with Coinom. After you have provided the Notice of Claim to Coinom, the dispute referenced in the Notice of Claim may be submitted by either Coinom or you to arbitration in accordance with paragraph 2 of this Section, below. For the avoidance of doubt, the submission of a dispute to Coinom for resolution internally and the delivery of a Notice of Claim to Coinom 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 Coinom shall not be disclosed to the arbitrator.
2. Class Action Waiver. You and Coinom agree that any claims relating to these Terms or to your relationship with Coinom as a user of Coinom 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 Coinom 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 Coinom.
3. Modifications. Coinom 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 Coinom 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, Coinom 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.
4. 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.
Miscellaneous
1. Independent Parties. Coinom 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 Coinom 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. Coinom 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 Coinom 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 Coinom Services and cancel your account. You agree that, unless otherwise expressly provided in these Terms, Coinom will not be responsible for any modification or termination of Coinom Services by you or any third party, or suspension or termination of your access to Coinom Services.
4. Language & Translations: These Terms may, at Coinom’s sole and absolute discretion, be translated into a language other than the English language. You agree that any such translation shall only be for your convenience and the English text shall prevail in the event of any ambiguity, discrepancy or omission as between the English text and any translated text.
5. Force Majeure. Coinom will not be liable for any delay or failure to perform as required by these Terms because of any cause or condition beyond Coinom’s reasonable control.
6. 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.
7. Assignment. You may not assign or transfer any right to use Coinom Services or any of your rights or obligations under these Terms without prior written consent from Coinom, including any right or obligation related to the enforcement of laws or the change of control. Coinom 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.
8. 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.
9. Third-Party Website Disclaimer. Any links to third-party websites from Coinom Services does not imply endorsement by Coinom of any product, service, information or disclaimer presented therein, nor does Coinom guarantee the accuracy of the information contained on them. If you suffer loss from using such third-party product and service, Coinom will not be liable for such loss. In addition, since Coinom has no control over the terms of use or privacy policies of third-party websites, you should read and understand those policies carefully.
10. Contact Information. For more information on Coinom, you may refer to the Coinom and license information found on Coinom website. If you have questions regarding these Terms, please feel free to contact Coinom for clarification via our Customer Support team at:
