Promotional Terms and Conditions

 

OUR SPOT SWAP AND PERPETUAL CONTRACTS AND ALL PROMOTIONS, ARE NOT OFFERED OR MADE AVAILABLE TO PERSONS OR ENTITIES WHO RESIDE IN, ARE CITIZENS OF, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE IN THE UNITED STATES OF AMERICA (“US”), THE PEOPLE’S REPUBLIC OF CHINA, MALAYSIA AND SINGAPORE.

MOREOVER, NONE OF OUR OTHER SERVICES ARE OFFERED TO PERSONS OR ENTITIES WHO RESIDE IN, ARE CITIZENS OF, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE IN ANY RESTRICTED TERRITORY (AS DEFINED BELOW) (ANY SUCH PERSON OR ENTITY FROM A RESTRICTED TERRITORY, A “RESTRICTED PERSON”).

WE DO NOT MAKE EXCEPTIONS;

THEREFORE, IF YOU LOCATED IN A RESTRICTED TERRITORY OR A RESTRICTED PERSON,  THEN DO NOT ATTEMPT TO USE OUR SPOT SWAP AND PERPETUAL CONTRACTS OR PARTICIPATE IN ANY PROMOTIONS, AND DO NOT ATTEMPT TO USE ANY OF THE SERVICES (AS DEFINED BELOW).

USE OF A VIRTUAL PRIVATE NETWORK (“VPN”) TO CIRCUMVENT THE RESTRICTIONS SET FORTH HEREIN IS PROHIBITED.

These Promotional Terms and Conditions (these “Promotion Terms”) apply to all promotions and bonuses (each, a “Promotion”) that FXchange Limited (“FXchange”) offers. 

Each Promotion may have additional terms and conditions or rules (the “Rules”) that will be posted below or otherwise provided to you with the Promotion’s details. These Promotion Terms and the Rules for each Promotion will govern such Promotion and your participation in such Promotion. In the event of a conflict between these Promotion Terms and the applicable Rules, the terms of the applicable Rules will govern to the extent of such conflict. 

Please read these Promotion Terms and the applicable Promotion’s Rules carefully before you participate in a Promotion. By participating in a Promotion, you represent and agree to be bound by the applicable Rules and these Promotion Terms. In order to participate in a Promotion offered within the Services (as defined in the Terms of Use (“Terms of Use”)), you must also agree to the Terms of Use and the Privacy Policy (the “Privacy Policy”).

If you do not agree with the Terms of Use or Privacy Policy, then you immediately should stop using or accessing the Services.

 

  1. ELIGIBILITY

To be eligible to participate in a Promotion, at the time and date of entry and during the entire length of such Promotion:

  • If you are participating in the Promotion as an individual, then you must be of legal age in the jurisdiction in which you reside and you must have the legal capacity to enter into these Promotion Terms and the applicable Rules and be bound by the foregoing;
  • if you are participating in the Promotion as an entity, then you must have the legal authority to accept these Promotion Terms and the applicable Rules on such entity’s behalf, in which case “you” (except as used in this paragraph) will mean that entity;
  • you must not be a person from or located in the US, PRC, Singapore and Malaysia;
  • you must not be a resident, citizen or agent of, or incorporated in, and do not have a registered office in Afghanistan, Albania, Belarus, Bosnia & Herzegovina, Burundi, Central African Republic, Cote d’Ivoire, Cuba, Democratic Republic of the Congo, Ethiopia, Guinea, Guinea-Bissau, Iran, Iraq, Lebanon, Liberia, Libya, Malaysia, Myanmar, North Korea, PRC, Republic of Macedonia, Serbia, Singapore, Somalia, South Sudan, Sri Lanka, Sudan, Syria, Trinidad & Tobago, Tunisia, the US, Venezuela, Yemen, Zimbabwe, the regions of Crimea, Donetsk or Luhansk, or any other country or region that is the subject of comprehensive country-wide or region-wide economic sanctions by the US (collectively, “Restricted Territories”);
  • you are not the subject of economic or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties(including the list maintained by the Office of Foreign Assets Control of the U.S. Department of theTreasury) (collectively, “Sanctioned Person”);
  • you must not intend to transact with any Restricted Person or Sanctioned Person;
  • you must not, and will not, use VPN software or any other privacy or anonymization tools or techniques to circumvent, or attempt to circumvent, any restrictions that apply to the Services;
  • your access to the Services (a) must not be prohibited by and not otherwise violate or assist you to violate any domestic or foreign law, rule, statute, regulation, by-law, order, protocol, code, decree, another directive, requirement, or guideline, published or in force that applies to or is otherwise intended to govern or regulate any person, property, transaction, activity, event or other matter, including any rule, order, judgement, directive or other requirement or guideline issued by any domestic or foreign federal, provincial or state, municipal, local or other governmental, regulatory, judicial or administrative authority having jurisdiction over FXchange, you, the Site (as defined in the Terms Of Use) or the Services, or as otherwise duly enacted, enforceable by law, the common law or equity(collectively, “Applicable Laws”); and (b) must not contribute to or facilitate any illegal activity; and
  • you must meet all additional eligibility requirements set forth in the applicable Rules.

Further, FXchange reserves the right to limit or refuse your eligibility to participate in any Promotion for any reason in its sole discretion, including where your participation is prohibited by Applicable Laws. If FXchange becomes aware of any violation of these Promotion Terms, the applicable Rules or the Terms of Use, FXchange may elect to, among other things, (i) prohibit you from using the Services; or (ii) withhold, amend, or cancel the benefits or rewards of any Promotion.

 

  1. PROMOTION START AND END TIMES AND CONDITIONS

Each Promotion will start and end as described in the applicable Rules (“Promotion Period”). Engaging in any activity before or after the Promotion Period will not result in receiving any benefits or rewards from the Promotion. FXchange determines in its sole discretion when a Promotion Period is deemed to have started and ended.

 

  1. HOW TO PARTICIPATE

To participate in a Promotion, during the Promotion Period, subject to eligibility, you must follow the instructions in the applicable Rules. All Promotions are limited to one benefit or reward per person. To ensure that the Promotion is limited to one benefit or reward per person, FXchange reserves the right to permit only one person per household IP address, Ethereum, f(x) Core network, f(x) Core EVM compatible address(es), email address, or other factors FXchange decides in its sole discretion.

 

  1. PROMOTION ADMINISTRATION

FXchange hereby reserves the right to amend, suspend, or terminate any Promotion at any time with or without prior notice or consent. FXchange further reserves the right to amend, withhold, or cancel any Promotion Rewards or benefits granted if FXchange becomes aware of any violation of these Promotion Terms, the applicable Rules or the Terms of Use.

Administration of Promotions is at the sole discretion of FXchange, subject to the Applicable Laws. Any questions relating to eligibility, these Promotion Terms, the applicable Rules, or the Promotion will be resolved at FXchange’s sole discretion and its decision will be final and binding with respect thereto. If it is discovered by FXchange that you have or have attempted to (a) participate more than the maximum number of times permitted under the applicable Rules for a Promotion, or (b) use multiple Ethereum network addresses to participate in a Promotion, then you will be disqualified from the Promotion.

 

  1. PRIVACY

By participating in a Promotion, you acknowledge and agree that any personal information that you provide will be maintained in accordance with the Privacy Policy. By participating in a Promotion, you hereby (a) grant to FXchange the right to use your name, email address and any other information you provide to FXchange (“Personal Information”) for the purpose of administering the Promotion; (b) grant to FXchange the right to use your Personal Information for publicity, promotional, marketing and advertising purposes relating to the Promotion, in any and all media now known or hereafter devised, without further compensation unless prohibited by Applicable Laws; and (c) acknowledge that FXchange may disclose your Personal Information to itsthird-party agents and service providers in connection with any of the foregoing activities. FXchange will useyour Personal Information only for the identified purposes and as contemplated in the Privacy Policy.

 

  1. RELEASE AND PUBLICITY

YOU AGREE TO RELEASE AND HOLD HARMLESS FXchange AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, AFFILIATED COMPANIES, SUBSIDIARIES, SUPPLIERS, DISTRIBUTORS, ADVERTISING AND PROMOTIONAL AGENCIES, AGENTS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF PARTICIPATION IN A PROMOTION. YOU AGREE THAT FXchange AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, AFFILIATED COMPANIES, SUBSIDIARIES, SUPPLIERS, DISTRIBUTORS, ADVERTISING AND PROMOTIONAL AGENCIES, AGENTS, SUCCESSORS AND ASSIGNS ARE NOT LIABLE FOR INJURIES, LOSSES OR DAMAGES OF ANY KIND ARISING FROM PARTICIPATION IN APROMOTION AND ACCEPTANCE, POSSESSION AND USE OF THE BENEFITS OR REWARD OF A PROMOTION.

FXchange IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL OR OTHER ERROR IN THE PUBLICATION OF THE OFFER OR ADMINISTRATION OF THE PROMOTION OR ANNOUNCEMENT THEREOF.

 

  1. TAXES

You will be solely responsible for all income tax liabilities that arise from or in any way relate to any benefit orreward that FXchange conveys to you, including income taxes, sales, personal property, use, VAT, excise, withholding, and self-employment taxes. FXchange has the right to withhold from any amounts payable to you such foreign, federal, state, or local taxes as may be required to be withheld under any Applicable Laws. You must report the value of the benefit or reward you receive from FXchange

 

  1. GENERAL

Sections 11 through 17 of the Terms of Use are incorporated herein by reference, and you are equally subject to those provisions mutatis mutandis with respect to these Promotion Terms and each Promotion and its applicable Rules. Unless the context expressly otherwise requires, for purposes of these Promotional Terms, (a) wherever the word “include,” “includes” or “including” is used in these Promotional Terms, it will bedeemed to be followed by the words “without limitation”; and (b) the word “or” will not be exclusive.

 

Last updated: 23 March, 2024