FCoin is a future-oriented community for circulating and transacting digital currencies and digital assets, and the operating platform is https://www.fcoin.com (hereinafter referred to as "this website" or "website"). The website is a dedicated platform that enables users to conduct digital assets transactions and provides related services (hereinafter referred to as "such services" or "services"). FOne OTC transaction is an over-the-counter transaction platform, which is used to serve users to exchange their fiats and digital currencies. For the convenience of expressions herein, the company and the website collectively use "we" or other first-person forms of address in this Agreement. So long as the natural persons or other subjects who log into the website are users of this website, for the convenience of expressions in this Agreement, "you" or other second-person forms of address are used hereafter hereinafter. For the convenience of expressions herein, we and you are collectively referred to as the "both parties" in this Agreement, and we or you are individually referred to as "a party".
We hereby remind you specially:
- Digital assets themselves are not endorsed by any financial institution or government. The digital assets market is brand-new and has no clear and stable expectations;
- There exist extremely high risks in digital assets transactions, their transactions are uninterrupted throughout the day, they have no limit to rise or fall, and the prices are subject to large fluctuations;
- Digital assets transactions may be suspended or banned at any time due to the formulation or modification of laws, regulations and regulatory documents by various countries.
- FCoin does not provide services for users in the following countries/regions: Chinese mainland, Cuba, Iran, North Korea, Crimea, Sudan, Syria, Bangladesh, Bolivia, Ecuador and Kyrgyzstan.
Digital assets transactions carry a high level of risk and are not suitable for the majority of people. You know and understand that this investment may result in partial or total losses, so you should determine the amount of investment in terms of the extent of the losses you can afford. Please make sure you know and understand that digital assets may generate derivative risks. In addition, in addition to the risks mentioned above, there are risks that are not predictable. Before making any decision to buy or sell digital assets, you should carefully consider and use a clear judgment to assess your financial situation and the above risks, and bear all the losses arising therefrom, for which we are not responsible.
1. General Provisions
1.1. You should read this Agreement carefully before using the services provided on this website, and consult a professional lawyer if you do not understand it or if necessary. If you do not agree to this Agreement and/or changes made to it at any time, please immediately stop using the services provided on this website or no longer log into this website. By logging into this website, using any of the services of this website or any other similar behaviour, you are deemed to have been fully aware of and agreed to the content herein, including any changes to this Agreement by this website at any time.
1.2. You can become a member of this website (hereinafter referred to as "member") by filling in the relevant information in accordance with the requirements of this website and successfully registering through other relevant procedures. By clicking the "Agree" button during the registration process, you are deemed to have electronically come to an agreement with the company; or when you click any button marked with "Agree" or similar meaning during the use of this website or actually use the services provided on this website in other manners permitted by this website, you are deemed to have fully understood, agreed to and accepted all the constraints of the terms hereunder. Without your written signature, there is no impact on this Agreement being legally binding on you.
1.3 After you become a member of this website, you will get a member account and the corresponding password, which are kept by the member; the member should be legally responsible for all activities and events carried out with your account.
1.4 By registering and using any of the services and features offered by the website, you will be deemed to have read and understood this Agreement.
1.4.1 Subject to all terms and conditions of this Agreement.
1.4.2 You acknowledge that you have arrived at a legal age when you can conclude a contract under different applicable laws and that you have full capacity to accept these terms.
1.4.3 You warrant that the digital assets belonging to you involved in the transactions are legally acquired and owned.
1.4.4 You agree that you are solely responsible for your own transactions or non-transactions and any gains or losses.
1.4.5 You acknowledge that the information provided at the time of registration is true and accurate.
1.4.6 You agree to comply with any provisions of the relevant law, and for tax purposes, those include reporting any transaction profits.
1.4.7 This Agreement is only binding on the rights and obligations agreed between you and us, which does not involve the legal relationships and legal disputes arising from the transactions of digital assets between users of this website and other websites and you.
2. Amendments to the Agreement
We reserve the right to amend this agreement from time to time, make a public announcement on the website, and no longer notify you separately. The amended Agreement will be marked with the amended time on the first page of this Agreement, and will be effective immediately upon being posted on the website. You should browse and pay attention to the updates of the amended time as well as this Agreement from time to time. If you do not agree to the relevant amendments, you shall immediately stop using the services of this website; if you continue to use the services of this website, you are deemed to have accepted and agreed to be subject to the amended Agreement.
3.1 Registration Qualifications
You acknowledge and undertake that when you complete the registration process or actually use the services provided by this website in other manners permitted by this website, you shall be a natural person, a legal person or other organization that has the ability to sign this Agreement and use the services provided by this website in accordance with the applicable laws. By clicking the [Agree to Register] button, you or your entitled agent will be deemed to have agreed to the content of this Agreement and that the agent will register and use the services of this website. If you do not qualify for the foregoing subject, you and your entitled agent shall be liable for all consequences arising therefrom, and the company reserves the right to cancel or permanently freeze your account and hold you and your entitled agent liable.
3.2 Registration Purpose
You acknowledge and undertake that your registration on this website is not for the purpose of violating laws and regulations or disrupting the order of the transactions of digital assets on this website.
3.3 Registration Process
3.3.1 You agree to provide the valid e-mail address, mobile phone number and other information in accordance with the requirements of the user registration page of this website, and you may use the e-mail address and mobile phone number that you have provided and confirmed, or other means permitted by this website as a means of accessing this website. If necessary, in accordance with the provisions of the relevant laws and regulations of different jurisdictions, you must provide your real name, identity documents and relevant information provided by laws, regulations, privacy policies and anti-money laundering provisions, and constantly update the registration information, so as to meet the timely, detailed and accurate requirements. All the original entered information will be referenced as registration information. You shall be responsible for the authenticity, completeness and accuracy of such information, and shall bear any direct or indirect losses and adverse consequences arising therefrom.
3.3.2 If the laws, regulations, rules, orders, etc. of your sovereign country or region have real-name requirements for mobile phone numbers, you agree to provide the mobile phone number for registration that has been registered by your real name. If you do not provide it in accordance with the provisions, any direct or indirect losses and adverse consequences caused to you will be borne by you.
3.3.3 You provide the information required for registration and verify it in a legal, complete and valid manner, and you are entitled to the account and password of this website. When you obtain the account and password of this website, you will be deemed to have successfully registered and may log into the website as a member.
3.3.4 You agree to receive e-mails and/or text messages sent by the website in connection with its administration and operation.
This website only provides online transaction platform services for you to conduct digital assets transactions (including but not limited to digital assets and fiats transactions) through this website. This website does not participate in the selling and buying of digital assets as a buyer or seller.
4.1 Service Content
4.1.1 You have the right to browse the real-time market and transaction information of the various products of digital assets on this website, as well as to submit digital assets transaction instructions and complete digital assets transactions through this website.
4.1.2 You have the right to participate in the activities organized by this website in accordance with the activity rules published on this website.
4.1.3 This website undertakes to provide you with other services.
4.2 Service Rules
You undertake to comply with the following service rules of this website:
4.2.1 You shall comply with the provisions required by laws, regulations, rules, and policies to ensure the legality of all digital assets sources in the account, and shall not engage in illegal or other activities that damage the rights of this website or third party on this website or by using the services of this website, such as sending or receiving any information that violates laws and regulations and infringes on the rights and interests of others, sending or receiving pyramidal materials or other harmful information or speech, and using or forging the e-mail header information of this website without the authorization of this website.
4.2.2 You shall abide by the laws and regulations, use and keep in a proper way the account, login password, money password on this website, the mobile phone number bound at registration, and the security of the verification code received on your phone. You are solely responsible for any operations and consequences of using the account, login password, money password on this website and the mobile phone verification code. When you find that the account, login password, or money password on this website, and the verification code are used by a third party without authorization, or there are other account security issues, you shall notify this website in an immediate and effective way and request that the website suspend the services of the account on this website. This website has the right to take action on your such request within a reasonable time, but this website is not responsible for any consequences (including but not limited to any of your losses) that have occurred prior to taking action. You shall not give, lend, lease, transfer or otherwise dispose of the account on this website to others without the consent of this website.
4.2.3 You agree that you are responsible for all activities (including but not limited to disclosing information, posting information, clicking [Agree] online, submitting various agreements on rules, renewing agreements online or purchasing services) that occur under your account and password on this website.
4.2.4 You shall not maliciously interfere with the normal conduct of digital assets transactions and disrupt the order of transactions when you conduct digital assets transactions on this website; you shall not interfere with the normal operation of this website or interfere with the use of the services of this website by other users with any technical means or other means; you shall not maliciously destroy the goodwill of this website by means of fictional facts.
4.2.5 If you have a dispute with other users due to online transactions, you shall not request this website to provide relevant information in other than judicial or administrative ways.
4.2.6 During your use of the services provided by this website, you are solely responsible for the payment of all resulting taxes, costs for all hardware, software, services and any other fees.
4.2.7 You shall comply with this Agreement and other service terms and operating rules published and updated from time to time by this website, and have the right to terminate the use of the services provided by this website at any time.
4.3 Product Rules
4.3.1 Currency Transaction Product Rules
You undertake to comply with the following transaction rules when logging into this website to transact and transacting currencies with other users through this website.
18.104.22.168 Browsing Transaction Information
When you browse the currency transaction information on this website, you should carefully read all the content contained in the transaction information, including but not limited to price, commission amount, transaction fees, buying or selling directions. After fully accepting all the content contained in the transaction information, you then click the button to transact.
22.214.171.124 Submitting Commission
After browsing the transaction information and confirming that it is correct, you can submit the transaction commission. After submitting the transaction commission, you are deemed to authorize this website to act on behalf of you to conduct the corresponding transaction matchmaking, and this website will automatically complete the matchmaking transactions when it has transactions that satisfy your commission prices without prior notice to you.
126.96.36.199 Viewing Transaction Details
You can confirm your detailed transaction history by checking the corresponding transaction records in the transaction details of the management center.
188.8.131.52 Revocation/Modification of the Commission. You have the right to revoke or modify the commission at any time before the commission has not concluded the transaction.
4.3.2 OTC Product Rules
You undertake to comply with the following transaction rules when logging into this website to transact and transacting with other users through this website.
184.108.40.206 Browsing Transaction Information
When you browse the transaction information on this website, you should carefully read all the content contained in the transaction information, including but not limited to price, amount, reputation of the traders and other information. After fully accepting all the content contained in the transaction information, you then click the button to transact.
220.127.116.11 Pre-transaction Notes
Before transacting, you need to complete the real-name verification and other operations. If the account user is inconsistent with the account authenticator, the platform has the right to choose the following actions:
1) Require the account user to hold the ID card or passport, etc., to perform video KYC;
2) Require the account user to prove the relationship with the account authenticator;
3) If the relevant evidence cannot be provided, the platform has the right to permanently limit the transfer and withdrawal of currencies.
18.104.22.168 Conducting Transactions
Once the transaction begins, the digital currency price is locked and cannot be changed or add any additional fees in this transaction. You must complete the transaction in accordance with the valid payment or receipt details provided by the counterparty. Throughout the transaction, the digital currencies exist in the form of escrow until the seller confirms receipt of the full payment. The platform is not responsible for any transaction disputes arising from the use of payment channels other than those provided by the counterparty.
22.214.171.124 Disputes Arising During Transactions
126.96.36.199.1 In the event of disputes, the buyer is required to provide proof of payment within 48 hours, including the transaction number of the transfer. In the event that there are reasons to believe that the buyer can engage in fraudulent activities, we can provide the buyer's information for the seller to reclaim the money and prevent or detect fraudulent activities. The extent of information disclosure is subject to our belief that it is necessary to achieve the above objectives, including but not limited to the buyer's contact details, login and transaction records and/or any details and records, and measures in which the buyer passes our identity authentication.
188.8.131.52.2 If there are disputes arising from the transactions between the buyer and the seller, any party will be able to resolve them by negotiations through the customer service personnel. You irrevocably authorize the FOne OTC to release the disputed digital currencies to the buyer in accordance with the payment evidence of transaction terms, the user's reputation, and the relevant provisions of the privacy policies.
184.108.40.206.3 The buyer automatically cancels the order due to timeout and no operation, and the transaction is deemed to have been cancelled and cannot be disputed, overturned or changed.
220.127.116.11.4 It is considered a violation of this Agreement by providing fraudulent information or documents in disputes, or making a claim in a false manner, or otherwise attempting to force a transaction to be biased towards oneself.
18.104.22.168 Viewing Transaction Details
You can confirm your detailed transaction history by checking the corresponding transaction records in the transaction details of the order center.
5. Rights and Obligations of this Website
5.1 If you do not have the registration qualifications as stipulated herein, this website has the right to refuse your registration. If you have registered, this website has the right to cancel your member account, and reserves the right to hold you or your entitled agent liable. At the same time, this website reserves the right to decide whether to accept your registration under any other circumstances.
5.2 This website has the right to suspend or terminate the use of the account when finding the account user is not the initial registrant of the account.
5.3 This website has the right to tell you to correct and update information, or suspend or terminate the provision of the services of this website through technical testing, manual sampling and other means of testing to reasonably suspect that the information you have provided is incorrect, false, invalid or incomplete.
5.4 This website has the right to correct the information when it finds that there is an obvious error in any of the information displayed on this website.
5.5 This website reserves the right to modify, suspend or terminate the services of this website at any time, and this website can exercise the right to modify or suspend the services without prior notice to you; if this website terminates one or more services, the termination will take effect from the date on which this website publishes the termination notice on the website
5.6 This website shall take necessary technical means and management measures to ensure the normal operation of this website, and provide the necessary and reliable transaction environment and transaction services to maintain the order of digital assets transactions.
5.7 This website shall ensure the security of your digital assets by strengthening technical investment, enhancing security precautions and other measures, and shall be obliged to notify you of foreseeable security risks in your account in advance.
5.8 This website has the right to provide you with more data or information in accordance with the requirements of the laws, regulations, rules, orders and other provisions of your sovereign country or region, and take reasonable measures to comply with the requirements of local provisions, and you have the obligation to cooperate; this website has the right to suspend or permanently stop opening this website and its partial or entire services to you in accordance with the requirements of the laws, regulations, rules, orders and other provisions of your sovereign country or region.
6.1 In no event shall our liability to compensate for your direct damages exceed the total costs of three months arising from your use of the services of this website.
6.2 In the event of violation of this Agreement or other laws and regulations, you shall pay us at least 2 million dollars and bear all the costs incurred (including attorney's fees, etc.). If it is not enough to make up for the actual loss, you must make up the difference.
7. Right to Seek Injunctive Relief
We and you acknowledge that the remedies of the common law for breach of contract or potential breach of contract may not be sufficient to cover all of our losses, and that the non-defaulting party has the right to seek injunctive relief in the event of breach of contract or potential breach of contract and all other remedies permitted by the common law or equity.
8. Limitation of Liability and Disclaimer
8.1 You understand and agree that under no circumstances shall we be liable for any of the following matters:
8.1.1 Losses of income;
8.1.2 Losses of transaction profits or contract(s);
8.1.3 Business interruption
8.1.4 Losses of currencies that are expected to be saved;
8.1.5 Losses of information;
8.1.6 Losses of opportunities, goodwill or reputation;
8.1.7 Corruption or losses of data;
8.1.8 Costs of purchasing the alternative product(s) or service(s);
8.1.9 Any indirect, special or incidental losses or damages arising from infringement (including negligence), breach of contract or any other reason, whether or not such losses or damages can be reasonably foreseen by us; whether or not we have been informed of the possibility of such losses or damages in advance.
Items from 8.1.1 to 8.1.9 are independent of each other.
8.2 You acknowledge and agree that we shall not be liable for compensating for any of your damages arising from any of the following circumstances:
8.2.1 We have reasonable grounds to believe that your specific transactions may be in material breach of law or breach of contract.
8.2.2 We have reasonable grounds to believe that your acts on this website are illegal or inappropriate.
8.2.3 Costs and losses arising from purchasing or acquiring any data, information or conducting transactions or replacement behaviours through the services of this website.
8.2.4 Your misunderstanding of the services of this website.
8.2.5 Any other losses arising from reasons that are not attributable to us or relating to the services provided on this website.
8.3 We shall not be liable for unavailability of services or delays as well as losses caused to you arising from information network equipment maintenance, information network connectivity failure, computer, communication or other system failures, power failure, weather, accidents, strikes, labor disputes, riots, uprisings, disturbances, lack of productivity or means of production, fire, flood, storm, explosion, wars, reasons of banks or other partners, collapse of the digital assets market, government actions, orders of judicial or administrative authorities, other actions beyond our control or our ability to control or reasons of the third party.
8.4 We cannot guarantee that all information, programs, texts, etc. contained on this website are completely safe and free from interference and destruction by any viruses or malicious programs like Trojans, so it is your personal decision to log in, use any of the services on this website or download and use any downloaded programs, information, data, etc. and you shall take the risks and possible losses on your own.
8.5 We do not make any guarantee and commitment to any information, products and business of any third-party websites linked to the platform, and any other forms of content that does not belong to our main part. If you use any of the services, information and products, etc. provided by the third-party websites, it is your personal decision and you shall take on all responsibility arising therefrom.
8.6 We make no warranties, express or implied, with respect to your use of services of this website, including but not limited to the suitability, no errors or omissions, continuity, accuracy, reliability, and suitability for a particular purpose of the services provided on this website. At the same time, we also make no commitment or guarantee of the validity, accuracy, correctness, reliability, quality, stability, completeness and timeliness of the technology and information involved in the services provided on this website. It is your personal decision to log in or use the services provided on this website, and you shall take the risks and possible losses on your own. We make no warranties, express or implied, with regard to the market, value and price of digital assets. You know and understand that the digital assets market is unstable, and that the prices and values may fluctuate or collapse at any time, so it is your personal free choice and decision to transact digital assets and you shall take the risks and possible losses on your own.
8.7 The warranties and commitments set forth in this Agreement are the only warranties and representations made by us with respect to this Agreement and the services provided on this website, and supersede any other warranties and commitments arising in any other way and manner, whether written or oral, express or implied. All such warranties and representations only represent our own commitments and warranties, and do not guarantee the compliance of any third party with the warranties and commitments set forth in this Agreement.
8.8 We do not waive any rights that are not mentioned herein but with which we can limit, be exempted from or offset our liability for compensating for damages to the maximum extent of the application of the law.
8.9 By registering, you are deemed to have acknowledged that any risks arising from any operations performed by us in accordance with the rules set forth in this Agreement shall be borne by you.
9. Termination of this Agreement
9.1 This website has the right to cancel your account on this website in accordance with this Agreement. This agreement shall terminate on the date of cancellation of the account.
9.2 This website has the right to terminate all services of this website in accordance with this Agreement. This Agreement shall terminate on the date of termination of all services of this website.
9.3 Upon termination of this Agreement, you shall not have the right to request this website to continue to provide any services for it or to perform any other obligations, including but not limited to requesting this website to retain or disclose to you any information in its original account of this website and forward to you or the third party any information that has not been unread or sent by it.
9.4 The termination of this Agreement shall not affect the non-defaulting party requesting the defaulting party to take other responsibilities.
10. Intellectual Property Rights
10.1 The intellectual property rights of all intellectual achievements contained in this website, including but not limited to website logos, databases, website design, text and graphics, software, photos, videos, music, sounds, and combinations of the foregoing, software compilation, related source codes and software (including mini-programs and scripts) are reserved by this website. You shall not reproduce, change, copy, transmit or use any of the foregoing materials or content for commercial purposes.
10.2 All rights (including but not limited to goodwill and trademarks, logos) contained in the name of this website are reserved by the company.
10.3 Your acceptance of this Agreement shall be deemed that you voluntarily transfer to this website freely and exclusively the copyright of any form of information published on this website, including but not limited to reproduction rights, distribution rights, rental rights, exhibition rights, performance rights, screening rights, broadcasting rights, information network communication rights, filming rights, adaptation rights, translation rights, compilation rights, and other transferable rights that should be enjoyed by copyright owners, and this website shall have the right to file a lawsuit and obtain full compensation for any subject infringement. This Agreement shall be binding on the content of any work protected by the Copyright Law that you post on this website, whether it is formed before or after the signing of this Agreement.
10.4 You shall not illegally use or dispose of the intellectual property rights of this website or others during the use of the services of this website. You shall not post or authorize the information published on this website in any form for use by other websites (and media).
10.5 Your access to this website or use of any of the services provided on this website is not deemed that we have transferred any intellectual property rights to you.
If any term herein is deemed by any competent court to be unenforceable, invalid or illegal, it shall not affect the validity of the remaining terms of this Agreement.
11.2 Non-agency Relationships
Nothing in this Agreement shall be deemed to have created, implied or otherwise treated us as your agent, trustee or other representative, except as otherwise provided in this Agreement.
The waiver of investigating and affixing the defaulting liability or other liabilities as set forth in this Agreement by any party of you or us shall not be deemed or construed as a waiver of other defaulting liabilities; the failure to exercise any right or remedy shall in no way be construed as a waiver of such right or remedy.
All titles are for convenience only and are not intended to expand or limit the content or scope of the terms of this Agreement.
12. Commencement and Interpretation of the Agreement
12.1 This Agreement shall come into force when you click the [Agree to Register] on the registration page of this website and complete the registration process, and obtain the account and password of this website, and shall be binding on this website and you.
12.2 The final interpretation of this Agreement shall be the reserved by the website.