Terms and conditions

You accept when using Xiphos

Updated on 14 August 2018

This is the agreement between you and Xiphos. By using any services made available through the Xiphos website (xiphos.exchange), you agree that you have read, understood and accepted all of the terms and conditions contained in this Terms of Use agreement, as well as our Privacy Policy. As this is a legally binding contract, please carefully read through this agreement and related notices before using any of our Services. By registering, accessing or using Xiphos, you have |agreed to the terms and conditions as laid out in this User Agreement. Should you disagree to this User Agreement, please stop the usage of Xiphos and any of its services.

If you have questions regarding this agreement, please feel free to contact Xiphos for clarification via https://www.xiphos.exchange/help.

Qualification to

By registering to use a Xiphos Account, you have affirmed that you are at least 18 years old and are an individual, legal person or other organization with full legal capacity to enter into this User Agreement between you and Xiphos. If you are not, you and your guardian shall undertake all consequences resulting from your actions and Xiphos shall have the right to cancel or freeze your account in addition to filing claims against you and your guardian for compensation.

Conditions to agreement

Xiphos reserves the right to modify or change the terms and conditions of the agreement at any time and at its sole discretion. Xiphos will provide notice of these changes by updating the 'Updated on:' date on this page. Any and all modifications or changes to the Terms of Use will be effective immediately upon being announced on the website or released to users. As such, your use of Xiphos’s services acts as acceptance of the amended agreement and rules.

About our services

Xiphos provides an online digital asset trading platform (crypto to crypto) for cryptocurrencies. Xiphos does not provide fiat trading capabilities on its platform and as such is not subjected to the stringent regulations that come with it. Xiphos functions as a trading platform provider and is not a buyer or seller in trades made between traders. Xiphos is also not a market maker. Traders must register and open an account with Xiphos and deposit digital assets prior to commencement of trading. Traders may request the withdrawal of their digital assets, subject to the limitations as stated in the Terms and Conditions.

Xiphos strives to maintain the accuracy of information posted on its website however it cannot guarantee the accuracy, suitability, reliability, completeness, performance for purpose of the content through the website, and will not accept liability for any loss or damage that may arise directly or indirectly from the content. Information on the Xiphos website can be subjected to change without notice and is provided for the primary purpose of facilitating users to arrive at |independent decisions. Xiphos does not provide investment or advisory advice and will have no liability for the use or interpretation of information as stated in its website or other communication mediums. All users of Xiphos must understand that there are risks involved in trading. Xiphos encourages all users to exercise prudence and trade responsibly within their own means.

While Xiphos emphasises platform security to ensure the continuity and security of its services, it will be non-accountable to Act of God, malicious targeted hacking, terrorist attacks and other unforeseen circumstances. Xiphos reserves the right to cancel, rollback or block transactions of all type on its platform in event of abnormal transactions. Xiphos will not ask for any password from its users nor ask users to transfer funds that are not listed on its trading platform. Users are encouraged to exercise prudence in dealing with discounts or promotions that could lead to them getting scammed. While the list is non-exhaustive, you agree that Xiphos will not be held responsible for any losses arising from the situations stated above.

By using Xiphos and any of its services, you declare that all information to Xiphos in connection with these Terms are true, accurate and complete.

Prohibition of use of Xiphos

By accessing and using Xiphos and any of its services, you acknowledge and declare that you are not on any trade or economic sanctions lists, such as the United Nations Security Council Sanctions List or others. Xiphos maintains the right to select its markets and jurisdictions to operate and may restrict or deny its services to certain countries. The content of this Agreement shall not be excluded from the laws of the country under which the user belongs. Xiphos maintains its stance that prohibited users are not to use or access Xiphos and any of its services.


Xiphos' liability
Limitation of Liability

You acknowledge and agree, Xiphos shall not be liable for any of your losses caused by any of the following events, including but not limited to:

● Losses of profits, goodwill, usage or data or any other intangible losses

● Use or failure to use Xiphos Service

● Unauthorized use of your account or unauthorized alteration of your data by third parties

● Your misunderstanding of Xiphos Service

● Any other losses related to Xiphos Service which are not directly attributable to Xiphos

In no event shall Xiphos be liable for any failure or delay of service resulting from regular network maintenance or external factors such as power failure, natural disaster, service provider-side problems or governmental acts.

Compensation

You agree to compensate and hold harmless Xiphos, its affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of your breach or our enforcement of this Agreement. This shall also apply to your violation of any applicable law, regulation, or rights of any third party during your use of the Xiphos Service.

Provision of Service

Xiphos will provide Xiphos Service at an 'as is' and 'commercially available' condition, and does not offer any form of warranty with regards to the Service’s reliability, stability, accuracy and completeness of the technology involved. Xiphos serves merely as a venue of transactions where coin-related information can be acquired and coin-related transactions can be conducted. Xiphos cannot control the quality, security or legality of the coin involved in any transaction, truthfulness of the transaction information, or capacity of the parties to any transaction to perform their obligations under the rules. You must carefully consider the associated investment risks, legal status and validity of the transaction information and investment decisions prior to your use of the Xiphos Services provided.

Termination of Agreement

You agree that we have the right to immediately suspend your account (and any accounts beneficially owned by related entities or affiliates), freeze or lock the funds in all such accounts, and suspend your access to Xiphos if we suspect any such accounts to be in violation of the Terms of Service, Privacy Policy, AML/CTF acts or any applicable laws & regulations. Xiphos shall have the right to keep and use the transaction data or other information related to such accounts. The above account controls may also be applied in the following cases:

● The account is subject to a governmental proceeding, criminal investigation or other pending litigation

● We detect unusual activity in the account

● We detect unauthorized access to the account

● We are required to do so by a court order or command by a regulatory/government authority

In case of any of the following events, Xiphos shall have the right to directly terminate this agreement by cancelling your account, and shall have the right to permanently freeze (cancel) the authorizations of your account on Xiphos and withdraw the corresponding Xiphos account thereof:

● after Xiphos terminates services to you,

● you allegedly register or register in any other person’s name as Xiphos user again, directly or indirectly;

● the main content of user’s information that you have provided is untruthful, inaccurate, outdated or incomplete;

● when this agreement (including the rules) is amended, you expressly state and notify Xiphos of your unwillingness to accept the amended service agreement;

● any other circumstances where Xiphos deems it should terminate the services.

Should the account be terminated, the account & transactional information required for meeting data retention standards will be securely stored for five years. In addition, if a transaction is unfinished during the account termination process, Xiphos shall have the right to notify your counterparty of the situation at that time.

Announcements

Please be aware that all official announcements, news, promotions, competitions and airdrops will be listed onhttps://xiphos.exchange/newswhere we urge all users to refer to regularly. Xiphos will not be held liable or responsible in any manner of compensation should users incur personal losses arising from ignorance or negligence of the announcements.

Remaining funds after account termination (normal)

Once the account is closed/withdrawn, all remaining balance (which includes charges and liabilities owed to Xiphos) on the account will be payable at once to Xiphos. Upon payment of all outstanding charges to Xiphos (if any), the user will have 5 working days to withdraw all funds from the account.

Remaining funds after account termination (fraud/AML/violation of terms)

Xiphos maintains full custody of the funds and user data/information which may be turned over to the authorities in event of account suspension/closure arising from fraud investigations, AML investigations or violation of Xiphos’s Terms (eg. trading on Xiphos from a sanctioned country).

Compliance with local laws

It is the responsibility of the user to abide by local laws in relation to the legal usage of Xiphos in their local jurisdiction. Users must also factor, to the extent of their local law all aspects of taxation, the withholding, collection, reporting and remittance to their appropriate tax authorities. All users of Xiphos and any of its services acknowledge and declare that the source of their funds come from a legitimate manner and are not derived from illegal activities. Xiphos |maintains a stance of cooperation with law enforcement authorities globally and will not hesitate to seize, freeze, terminate the account and funds of users which are flagged out or investigated by legal mandate.

Privacy Policy

Xiphos may announce and amend its privacy policy on the platform of Xiphos from time to time and the privacy policy shall be an integral part of this Usage Agreement. The latest version of the Privacy Policy which has included the GDPR can always be found here on this page https://www.xiphos.exchange/Privacy.

Complaints

If you have any complaints, feedback or questions, kindly contact https://xiphos.exchange/help and we will in our best efforts try to resolve it for you.

Indemnity and disclaimer

You agree to indemnify Xiphos and its entirety of affiliates and hold them harmless from and against all third party claims except from Xiphos’s breach of these Terms. As mentioned in description of services, Xiphos strives its best to maintain the data integrity on its site but does not guarantee the information and services provided in its platform. Xiphos will not be liable for errors arising from the use of its services.


Xiphos Account Registration & Requirements
Service fees

Xiphos reserves the rights to levy service fees on users who use its services. It is in the discretion of Xiphos to adjust the service fees charged to users using its services.

Account Usage Requirements

Xiphos accounts can only be used by the person whose name they are registered under. Xiphos reserves the right to suspend, freeze or cancel accounts that are used by persons other than the persons whose names they are registered under. Accordingly, Xiphos will not take legal responsibility for these accounts.

Dispute Resolution

Xiphos reserves the right to resolve issues and disputes at its sole discretion. Some issues include infringement of others’ rights, violation of laws and regulations, abnormal trades and others not explicitly mentioned in the Terms. Users agree to bear the costs arising from the process of dispute resolution.

Account Security

Xiphos prioritizes maintaining the safety of those user funds entrusted to us and has implemented industry standard protections for our platform. With that said, there are account-level risks that are created by individual user actions. We request that you understand the need to independently take safety precautions to protect your own account and personal information.

You shall be solely responsible for the safekeeping of your Xiphos account and password on your own, and you shall be responsible for all activities under your log-in email, Xiphos account and password (including but not limited to information disclosure, information posting, consent to or submission of various rules and agreements by clicking on the website, online renewal of agreement, etc.).

You hereby agree that:

(a) you will notify Xiphos immediately if you are aware of any unauthorized use of your Xiphos account and password by any person or any other violations to the security rules;

(b) you will strictly observe the security, authentication, dealing, charging, withdrawal mechanism or procedures of the website/service; and

(c) you will log out from the website by taking proper steps at the end of every visit.

Xiphos will not be responsible for any loss or consequences caused by your failure to comply with the above Account Security provision.

Guidelines for usage of services on Xiphos

You hereby agree to observe the following covenants during your use of services on Xiphos:

● All the activities that you carry out during the use of Xiphos Service will be in compliance with the requirements of applicable laws, regulations, as well as the various guidelines of Xiphos,

● will not be in violation of public interests, public ethics or other’s legitimate interests,

● will not constitute evasion of payable taxes or fees and will not violate this agreement or relevant rules.

If you violate the foregoing promises and thereby cause any legal consequence, you shall independently undertake all of the legal liabilities in your own name and indemnify Xiphos from all actions, claims, or costs arising from such violation. You will not use any data or information displayed on the site for commercial purposes without the prior written consent of Xiphos. You will use the site in accordance with the Terms of Use and Privacy Policy, without taking acts of unfair |competition nor attempting to intervene with the normal operation of Xiphos. Examples of such malicious acts include, but are not limited to

● using a device, software or subroutine to interfere with the site

● overloading network equipments with unreasonable data loading requests

● executing malicious sales or purchases on the market

By accessing the Xiphos Service, you agree that Xiphos shall have the right to unilaterally determine whether you have violated any of the above covenants and take actions to apply relevant rules without receiving your consent or giving prior notice to you. Examples of such actions include, but are not limited to

● block and close order requests

● freezing your account

● reporting the incident to authorities

● publishing the alleged violations and actions that have been taken

● deleting any information you published that is in violation

If your alleged violation causes any losses to a third party, you shall solely undertake all the legal liabilities in your own name and hold Xiphos harmless from any loss, fine or extra expenses. If, due to any alleged violation Xiphos incurs any losses, is claimed by any third party for compensation or suffers any punishment imposed by any administrative authorities, you shall indemnify Xiphos against any losses and expense caused thereby, including reasonable attorney’s fee.

Registrating for Xiphos their services

All users must register (https://xiphos.exchange/login) for a Xiphos Account before using the site. To register for an account, you must provide your real name, email address and password, as well as accept the Terms of Use, Privacy Policy and Consent Form which have incorporated the GDPR regulation. Depending on certain conditions and in our sole discretion, we may refuse to open an account for you.