1. AGREEMENT IMPORTANT CONDITIONS

• We may amend this Agreement related to the Services from time to time. Amendments will be effective upon our posting of such updated “Agreement” at this location or the amended policies or supplemental terms on the applicable service. Your continued access or use of the “Services” after such posting constitutes your consent to be bound by the Agreement, as amended.
• All such changes made in “Terms of Use” will be effective immediately once they get posted here. FUNEX also encourages it’s users to regularly review these “Terms of Use”. Your continued access or use of the “Services” constitutes your consent to be bound by the Agreement, as amended.

2. ELIGIBILITY

By accepting this Agreement, you consent that:

• You may not access or use the services or accept this agreement if you are not at least 18 years old or any other age, legal in your jurisdiction for entering into a binding contract as per the law. You warrant that you have the right, authority and capacity to enter into this agreement.
• You understand and accept that FUNEX reserves the right to decide about the cryptocurrency and digital assets which can be traded on its platform and specific countries where our services can be provided.
• You have not been previously banned by FUNEX from using its services.
• You don’t have any other FUNEX account, currently. If you are entering or accessing this account on behalf of any other legal entity where you work as an Office, Director, Employee or Agent, you must have a valid warrant to bind such a legal entity.

3. PROHIBITION OF ACCESS TO SERVICES

You are prohibited from using our services if you are an individual or organization banned under UN Security Council trade and economic sanctions list. Additionally, You must not be a resident individual or organization from a country falling under FATF Black List ( High-Risk Jurisdictions subject to a Call for Action) & Grey List (Jurisdictions Under Increased Monitoring). We can restrict the availability of our services to certain countries/regions at our sole discretion.

The Services are only available in jurisdictions where they may be legally offered for sale. The Services are not available to “U.S. Persons”, as such term is defined under Regulation S promulgated under the Securities Act of 1933. By accessing or using the FUNEX platform, you represent and warrant that you are not a U.S. Person.

4. SERVICES DESCRIPTION

FUNEX provides an online cryptocurrency and digital assets trading platform. Through FUNEX, you can seamlessly trade or exchange many popular cryptocurrencies and digital assets like Bitcoin (BTC), Ethereum (ETH), Bitcoin Cash (BCH), Litecoin etc. We are focused on constantly expanding the scope of our products and services to enhance the customer experience.

We are committed to protect and safeguard our user's data. However, FUNEX disclaims any and all responsibility or liability in relation to the accuracy, completeness and suitability of the content made available through the services, including the customer content, or any content or services provided by third parties. FUNEX does not control or vet customer content and is not responsible for what users post, transmit, or share on or through the services. FUNEX is not responsible or liable in any manner for any third-party services associated with or utilized in connection with the services, including the failure of any such third-party services or supported platforms.

5. FUNEX ACCOUNT REGISTRATION

(A) REGISTRATION & LOGIN

In order to access FUNEX services, every user must register or create their account at (https://exchange.funexcoin.com/register). For successful registration, you must enter a valid email ID along with a strong password and accept the “Terms of Use”. You must provide valid, accurate and complete information while registering your account on FUNEX. Every user account is linked to a unique e-mail ID and/or mobile no. even if it belongs to a Corporate entity or business user.

(B) USER IDENTITY VERIFICATION & KYC

You must agree to provide your personal information at the time of creating an account with FUNEX for the sole purpose of user identity verification. Such user information shall be used for complying with AML and CFT laws and identifying other fraudulent activities which a user might carry out through FUNEX platform. The usage of personal information collected from the users shall be governed by our privacy policy. As per the existing standards followed by various global crypto exchanges, we reserve the right to keep your personal data for a period of 5 years after you cease to have a relationship with FUNEX or your account is deleted by FUNEX. You can acquire information about how your personal information is used by FUNEX.

You must regularly update your relevant personal information and FUNEX reserves it right to suspend or terminate its services for a user who has provided outdated, incomplete, wrong, or false information. In case we detect fraudulent user behavior or submission of wrong information, your account shall be immediately suspended or terminated on the basis of outcome of our internal enquiry.

By registering or creating your account with FUNEX, you consent and authorize us to make inquiries directly, indirectly or via third parties to confirm or verify your identity. You agree that FUNEX can take reasonable actions to protect you and other platform users from any type of financial fraud. FUNEX will also be authorized from your end to disclose your personal data with financial crime agencies or any other fraud prevention agencies to protect you and other platform users from frauds.

(C) ACCOUNT USAGE GUIDELINES FOR USERS

The account registered on the FUNEX platform must be used only by the individual under whose name it has been registered or the authorized official of the corporate entity registered with FUNEX. FUNEX has the rights to freeze, suspend or terminate any account which is found to be used in violation of these terms. You must immediately report unauthorized usage of your account and FUNEX shall not be responsible or liable in any manner for loss or damage arising out of unauthorized usage of your account.

(D) ACCOUNT SECURITY

FUNEX has implemented industry-leading security standards to protect and safeguard user funds, cryptocurrency and digital assets. However, you hereby agree that you shall not disclose your confidential account information such as username, account password and One Time Password (OTP) with anyone, including any third-party. and take all reasonable steps to safeguard and protect your account and your personal information.

YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR THE LEGAL, REGULATORY AND TAX COMPLIANCE OF ALL TRANSACTIONS CARRIED OUT BY YOU USING THE SERVICES. FUNEX SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY MANNER FOR LOSS OR DAMAGE ARISING OUT OF ILLEGAL USAGE OF YOUR ACCOUNT.

6. USAGE OF FUNEX SERVICES : GUIDELINES

(A) LICENSE

Considering the continued adherence to the express terms and conditions given here, FUNEX shall provide you a limited, royalty-free, non-exclusive, revocable, non-transferable access right to the Services through your personal computer or any other internet-enabled device. You are not authorized to use or render any of our Services for commercial or resale purposes, including placing orders on behalf of any other person or third-party. All such usage of our Services shall be categorized as illegal and in violation of the “Terms of Use”. Usage of Services in any manner that is not stated in “Terms of Use” or explicitly authorized is prohibited.

FUNEX, in any manner, does not transfer any legal ownership of intellectual property rights to you or any other user with respect to the usage of our Services. All the FUNEX platform assets including the text, graphics, photographs, sounds, computer code, artwork, visual interfaces, documentation and the “look and feel”, expression, structure, selection, coordination, design and arrangement of the content available on our platform or through our Services are directly, exclusively, singly owned, controlled and/or licensed by FUNEX or its partners, owners, licensors, affiliates and related parties.

Any feedback, ideas, suggestions or other information received by FUNEX from users via email, official social media channels, through our websites, or other medium shall be owned by FUNEX and FUNEX shall have the sole right together with intellectual property rights to the content obtained in such manner. No user can claim compensation or ownership against any Feedback or Suggestion provided to FUNEX.

(B) PROHIBITIONS & RESTRICTIONS

While using the Services you agree and covenant to observe the following:

• All activities carried out by you during the use of our Services will be in compliance of applicable laws, rules, regulations related to cryptocurrency trading in your country and/or jurisdiction as well as the guidelines proposed by FUNEX.
• Your use of our Services, in any manner, would not be allowed to violate public ethics, interests or any legitimate interests of other persons. You will not take any such action that would negatively affect, disrupt or inhibit other users from accessing our Services.
• You consent that using our services while staying involved in market manipulation activities (e.g. such as price manipulation, quote stuffing, wash trading, self-trading, front running, etc.) will get you permanently banned from accessing our services.
• You, in any case, will not download, copy, duplicate, reproduce, disassemble, disseminate, publish, broadcast, further transmit, remover or alter any of the proprietary labels or notices without obtaining prior written consent from FUNEX.
• In any case, you shall not:
  • use any "page-scrapper," "robot," "spider," "deep-link," or any other device, algorithm, script or methodology and/or other manual process to gather, acquire, copy or monitor our services. You are also not allowed to circumvent or reproduce the presentation or navigational structure of our Services in an attempt to gather some information, documents or materials through any means that are not publicly made available through our Services;
  • attempt to gain unauthorized access to any portion or feature of our Services or any other systems and networks linked to our Services or to any servers hosting FUNEX services through the means of password “mining”, “security breach”, “cyber-attack” or any other prohibited or illegitimate manner;
  • scan, test or probe the vulnerability or sensitivity of the servers connected to our services, neither you should breach the authentication measures used by our Services or any other networks connected to our Services;
  • take any action that imposes a disproportionate and unreasonable load on the infrastructure of our Services or FUNEX IT systems or networks or any other network part of our infrastructure;
  • use any particular software, device or perform a routine that may cause harm to the proper working of our Services or any of the transactions processed on our Servers or negatively affect, disrupt or inhibit other users and their transactions while using our Services;
  • violate (or assist any other party in violating) any applicable law, statute, ordinance, or regulation;
  • intentionally try to defraud (or assist in the defrauding of) FUNEX or any other User;
  • provide false, inaccurate, or misleading information;
  • trade taking advantage of any technical glitch, malfunction, failure, delay, default, or security breach;
  • partake in any transaction involving the proceeds of illegal activity;
  • use the Services to engage in conduct that is detrimental to FUNEX or to any other User or any other third party;
  • defame, harass, or violate the privacy or intellectual property rights of FUNEX or any other User;
  • upload, display or transmit any messages, photos, videos or other media that contain illegal goods, pornographic, violent, obscene or copyrighted images or materials for use as an avatar, in connection with a payment or payment request, or otherwise;
  • upload, transmit, or distribute to or through the Services any computer viruses, worms, or any software intended to damage or alter a computer system or data;
  • attempt to reverse engineer, de-compile, disable, interfere with the performance of the Services, any third-party use of the Services, or any third-party data contained therein (except to the extent such restrictions are prohibited by applicable law;
  • access our Services in order to build a competitive product or service or copy any ideas, features, functions, or graphics of the Services.

By accessing the Service, you agree that FUNEX shall have the right (without obligation) to investigate any violation of these “Terms of Use’, unilaterally determine whether you have violated these terms, and take actions to apply relevant rules without receiving your consent or giving prior notice to you. You consent that FUNEX has the right to investigate the violation of any of the terms given here and take appropriate measures including the legal action against you without receiving your consent or giving prior notice to you.

Examples of appropriate measures taken from our side include:

• Freeze, suspend or terminate user account and permanently ban a user.
• Block order requests.
• Send warning alerts and messages in relation to specific user activity.
• Publishing the alleged services violations and initiate legal actions.

7. ORDERS AND SERVICE FEES

(A) ORDER PLACING

Using Our Services, when you place an order (“trading activity”), your Account balance will get updated automatically reflecting your order and this order will be stored in Funex order book to match it with orders placed by other users (price and time priority). If a part or whole of your order matches with any of the orders placed by other users, our Services will execute an exchange “trade”. Once the trade is completed, your Account will be updated to confirm that your order has been closed or executed successfully. In specific cases related to No-Fills (entire order is open) and Partial-Fills (trade/s executed for part of an order), the order will remain open in your “Order Book” for a period of 30 days from the order date or until cancelled by you; whichever is earlier. You consent to authorize Funex to transfer the funds or cryptocurrency and digital assets to settle your trade/s with the counterparty.

(B) CANCELLATION PROCESS

You can also cancel an order placed via our Services if your order has not been matched with other order/s. However, you can’t modify, cancel, withdraw an executed trade or restrict FUNEX from settling your trade with the counterparty. In case of partial matching of your order, you are allowed to cancel the remaining unmatched/pending part of your order. FUNEX also holds complete control or rights over cancellations of your order or any cancellation request received from your side. In case of not having sufficient funds (“Digital Currency”) in your Account or Wallet, FUNEX also reserves the right to cancel your entire order or may complete only partial order depending upon the Digital currency available in your account.

(C) TRADE CORRECTIONS

You acknowledge and agree that FUNEX may correct, reverse or cancel, on its sole discretion, any order, trade, transfer, or other transaction or activity with respect to which FUNEX has discovered that there was an error or abnormality, whether such error or abnormality was caused by you, FUNEX or a third party or due to technical issues, system issues, software failure or otherwise. FUNEX provides no guarantee or warranty that any such attempt will be successful and will have no responsibility or liability for such error(s) or any correction attempt(s)

(D) FEES & CHARGES

You should agree to pay the FUNEX fees given on https://exchange.funexcoin.com/fees. However, cryptocurrency and digital assets withdrawal fees are regularly adjusted according to blockchain conditions. FUNEX reserves its right to revise the trading fees and the updated fees shall be applied to all the trades executed on or after the effective date.

8. MARGIN TRADING & FUTURES

(A) MARGIN & FUTURES TRADING RISKS

Both Margin Trading and Futures Trading carry high risk and as a Margin and/or Futures trader, you understand and accept that you solely bear all the risks associated with margin and futures trading and borrowing services. These risks may include but are not limited to:

• Cryptocurrency and Digital Assets markets are highly volatile and shift rapidly in terms of liquidity, the use of leverage from your side might work in favor of you or against you and can also lead to large losses or gains far in excess of your original capital;
• You are not entitled to get any forked coins split from any of the blockchain assets in your Margin or Futures account, despite your being not involved in any Margin or Future trading.
• In certain cases, you might not be in a position to liquidate. This might be due to either insufficient amount of liquidity in the market, technical glitches or other factors beyond our control.
• Contingent orders placed from your side may not help to limit or avoid the losses faced by you since adverse market conditions may make it difficult or even impossible to execute such orders.

(B) ENTERING MARGIN & FUTURES TRADING SEGMENT

• You are prohibited from using our services if you are an individual or organization banned under UN Security Council trade and economic sanctions list. Additionally, You must not be a resident individual or organization from a country falling under FATF Black List ( High-Risk Jurisdictions subject to a Call for Action) & Grey List (Jurisdictions Under Increased Monitoring);
• The Services are not available to “U.S. Persons”, as such term is defined under Regulation S promulgated under the Securities Act of 1933. By accessing or using the FUNEX platform, you represent and warrant that you are not a U.S. Person;
• You understand and accept that you are solely responsible for bearing all the risks, rewards and damages associated with margin and futures trading and borrowing services;
• You shall always maintain sufficient amount of funds and/or cryptocurrency and digital assets into your margin trading and futures account. Failure to maintain sufficient amount of funds and/or assets may lead to forced liquidation of assets from your margin or futures trading account.
• FUNEX does not provide any guarantee or assurance to minimize or avoid financial losses or any other damage which may arise as a result of using the Services. Even though you have the option to force liquidate the positions, you shall be responsible for covering the asset shortfall when all your position are liquidated but your account does not have sufficient funds to cover the Margin Loan Amount.
• FUNEX, at its sole discretion, also holds the power to transfer funds or cryptocurrency and digital asset balances from your margin or futures trading account to your spot exchange account and/or from your spot exchange account to your margin or futures trading account to minimize losses or cover the shortfall.
• You acknowledge and agree that FUNEX will have no obligation to provide you with any support or maintenance in connection with the Services. FUNEX is neither liable nor responsible for any loss or damage arising out of usage of the Services including during the times of planned and un-planned maintenance periods.

9. LIABILITY

(A) WARRANTIES DISCLAIMER

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND FUNEX EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. FUNEX DOES NOT GUARANTEE THAT ANY ORDER TRASMITTED BY A USER WILL BE ACCEPTED, RECORDED, REMAIN OPEN OR EXECUTED. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE FUNEX PLATFORM, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. FUNEX DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, INCLUDING THE CUSTOMER CONTENT, OR ANY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. FUNEX DOES NOT CONTROL OR VET CUSTOMER CONTENT AND IS NOT RESPONSIBLE FOR WHAT USERS POST, TRANSMIT, OR SHARE ON OR THROUGH THE SERVICES. FUNEX IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD-PARTY SERVICES ASSOCIATED WITH OR UTILIZED IN CONNECTION WITH THE SERVICES, INCLUDING THE FAILURE OF ANY SUCH THIRD-PARTY SERVICES OR SUPPORTED PLATFORMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

EXCEPT FOR THE EXPRESS STATEMENTS SET FORTH IN THIS AGREEMENT, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR UNDERSTANDING, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS TO THE SERVICES. YOU HEREBY CONSENT THAT FUNEX WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF:

• ANY INACCURACY, DEFECT OR OMISSION OF CRYPTOCURRENCY AND DIGITAL ASSETS MARKET DATA;
• ANY ERROR OR DELAY IN THE TRANSMISSION OF SUCH MARKET DATA;
• INTERRUPTION IN SERVICES AND DISSEMINATION OF MARKET DATA;
• ANY LOSSES OR DAMAGES INCURRED AS A RESULT OF TECHNICAL GLITCHES, HACKING, ACTIONS OF OTHER USERS AND OMISSIONS OR VIOLATION OF THIS AGREEMENT.

(B) INDEMNIFICATION

YOU AGREE TO INDEMNIFY AND HOLD FUNEX (AND ITS OFFICERS, EMPLOYEES, AND AGENTS) HARMLESS, INCLUDING FROM COSTS AND ATTORNEYS’ FEES, FROM ANY CLAIM OR DEMAND MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR USE OF THE SERVICES, (B) YOUR VIOLATION OF THIS AGREEMENT, (C) YOUR VIOLATION OF APPLICABLE LAWS OR REGULATIONS, OR (D) THIRD-PARTY SERVICES. FUNEX RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US, AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS. YOU AGREE NOT TO SETTLE ANY MATTER WITHOUT THE PRIOR WRITTEN CONSENT OF FUNEX. FUNEX WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION OR PROCEEDING UPON BECOMING AWARE OF IT.

(C) LIMITATION OF LIABILITY

IN NO EVENT WILL FUNEX, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS OR OTHER BUSINESS OR FINANCIAL BENEFIT) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, ANY PERFORMANCE OR NON- PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF FUNEX AND ITS AFFILIATES, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF FUNEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF FUNEX’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL ORCONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE LIABILITY OF FUNEX, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OF OR IN CONNECTION THE SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF FUNEX OR ITS AFFILIATES WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY, EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO FUNEX UNDER THIS AGREEMENT IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.

10. NEWS & ANNOUNCEMENTS

All major FUNEX official announcements, news related to its products and airdrops shall be made available on our website’s official announcement page (https://exchange-support.funexcoin.com/news).

11. AGREEMENT TERMINATION

We may terminate your Account or suspend your access to the Services at any time and with immediate effect for any reason or no reason, in our sole and absolute discretion. We may decline to process any deposit or withdrawal without prior notice and may limit or suspend your use of one or more Services at any time, in our sole discretion. For example, we may, in our sole discretion, delay deposits or withdrawals if we believe the transaction is suspicious, may involve fraud or misconduct, violates applicable laws, or violates the terms of this Agreement. If you have a balance remaining in an Account which has been suspended, we may freeze such balance for so long as the Account is suspended. If the Account is terminated due to fraud, violation of law, or violation of this Agreement, FUNEX may, in its discretion, confiscate any balance remaining in the Account and deliver it to any applicable government, law enforcement, or other authorities where circumstances warrant.

FUNEX also reserves the right to freeze, suspend or terminate your account or related accounts owned by your affiliates or partners as well as lock the funds in all these accounts if it detects any fraudulent, illegal or suspicious activity from your account or violation of any of these Terms of Use, FUNEX Privacy Policy, or violation of any of the applicable laws and regulations. FUNEX has complete right to keep, store or retrieve the transaction data or other related information of all such accounts. The termination scenario shall be applied to the below cases where:

• The account is linked to any legal or regulatory proceeding, criminal investigation or any other litigation;
• Transaction is suspicious, may involve fraud or misconduct, violates applicable laws, or violates the terms of this Agreement or FUNEX Privacy Policy;
• Unauthorized access to your account has been detected or reported;
• The information provided during the account registration on FUNEX is false, inaccurate, incomplete or outdated;
• You willingly registered on the FUNEX platform using any other person’s name and e-mail ID after creating your original account, directly or indirectly;
• At anytime and with immediate effect, for any or no reason, whenever FUNEX considers it fit to terminate your User Account and access to the Services at its sole discretion with no liability or responsibility for the losses or damages suffered by you as a consequence.

12. NO LIABILITY FOR YOUR PERSONAL TRADING DECISIONS

FUNEX is neither liable nor responsible for providing any advice related to trading in cryptocurrency and digital assets markets.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT FUNEX IS NOT A FINANCIAL INSTITUTION, BANK, CREDIT UNION, TRUST, HEDGE FUND, BROKER OR INVESTMENT OR FINANCIAL ADVISOR, AND IS NOT SUBJECT TO THE SAME LAWS, REGULATIONS, DIRECTIVES OR REQUIREMENTS APPLICABLE TO SUCH PERSONS OR ENTITIES. YOU ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY FUNEX, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, NOR ANY INFORMATION OBTAINED THROUGH THE SERVICES, WILL OR SHALL CONSTITUTE INVESTMENT, OR FINANCIAL ADVICE. YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR ALL TRADING DECISIONS MADE BY YOU WHILE USING THE SERVICES.

13. STRICT ADHERENCE TO COUNTRY SPECIFIC REGULATIONS

FUNEX IS MERELY A TECHNOLOGY PLATFORM WHERE CRYPTOCURRENCY AND DIGITAL ASSETS ARE TRADED AND YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR THE LEGAL, REGULATORY AND TAX COMPLIANCE OF ALL TRANSACTIONS CARRIED OUT BY YOU USING THE SERVICES.

FUNEX reserves it right to demand the “Proof of Source of Funds” from any user, to ensure that the funds and cryptocurrency and digital assets used for trading on our platform originated from legitimate sources. We always endeavor to be compliant with prevailing KYC, CFT & AML guidelines issued by FATF. FUNEX may, in its discretion, confiscate any balance remaining in the Account and deliver it to any applicable government, law enforcement, or other authorities where circumstances warrant.

14. PRIVACY POLICY

At the time of registering with FUNEX and while carrying out the KYC verification on our platform, you are required to furnish certain personally identifiable information like Name, DOB, Address of Residence etc. and need to provide supporting documents to successfully complete the process. Please visit and review our privacy policy at https://exchange.funexcoin.com/privacypolicy to know how we collect, analyze, process and use your personal information.

15. DISPUTES RESOLUTION : MANDATORY ARBITRATION & CLASS ACTION WAIVER

PLEASE CAREFULLY READ AND UNDERSTAND THE DISPUTE RESOLUTION MECHANISM. IT IS PART OF YOUR CONTRACT WITH FUNEX AND CONTAINS INFORMATION ABOUT PROCEDURE FOR MANDATORY ARBITRATION AND WAIVER OF YOUR RIGHTS TO BRING CLASS ACTION.

(A) MANDATORY ARBITRATION:

• DISPUTE NOTIFICATION

In the case of disputes, controversies or claims involving FUNEX: You and FUNEX agree to resolve any claims relating to this Agreement (including any question regarding their existence, validity, termination, or any services or products provided and any representations made by us) through final and binding arbitration, except as set forth under Exceptions to Arbitrate Agreement below. You agree to first give us an opportunity to resolve any claims by contacting us on our website / mobile / desktop applications.

You can contact us and raise a ticket on https://exchange-support.funexcoin.com/sendtickets.

• ARBITRATE AGREEMENT

In the case of disputes, controversies or claims involving FUNEX: You and FUNEX agree to resolve any claims relating to this Agreement (including any question regarding their existence, validity, termination, or any services or products provided and any representations made by us) through final and binding arbitration, except as set forth under Exceptions to Arbitrate Agreement below. You agree to first give us an opportunity to resolve any claims by contacting us on our website / mobile / desktop applications or by contacting us via the link address given above in section (a).

If we are not able to resolve your claims within 90 days of receiving the notice, you may seek relief through arbitration or in the Small Claims Tribunals of Singapore (“SCT”), as set forth below.

• PROCEDURE OF ARBITRATION

Either you or FUNEX may submit a dispute (after having made good faith efforts to resolve such dispute) for final and binding resolution by arbitration under the arbitration rules of the Singapore International Arbitration Centre (“SIAC”), which are deemed to be incorporated into these Terms by reference. The arbitration tribunal shall consist of a sole arbitrator to be appointed by the President of SIAC. The language of the arbitration hearings shall be English and the seat, or legal place, of arbitration shall be Singapore. JUDGMENT ON ANY ARBITRAL AWARD MAY BE GIVEN IN ANY COURT HAVING JURISDICTION OVER THE PARTY (OR OVER THE ASSETS OF THE PARTY) AGAINST WHOM SUCH AN AWARD IS RENDERED.

• EXCEPTIONS TO ARBITRATE AGREEMENT

Either party may instead choose to assert the claims in the SCT if the claims fall within the jurisdiction of the SCT, and either party may seek injunctive relief or other urgent equitable relief in a court of competent jurisdiction. However, for the avoidance of doubt, where the claims fall outside of the jurisdiction of the SCT, the claims will be referred to and finally resolved by SIAC arbitration.

(B) WAIVER OF JURY TRIAL & CLASS ACTION

• WAIVER OF JURY TRIAL

THE PARTIES HEREBY WAIVE THEIR RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, as applicable, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement.

The Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and FUNEX in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND FUNEX WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

• WAIVER OF CLASS OR CONSOLIDATED ACTIONS

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

(C) CONFIDENTIALITY

All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. However, this clause shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

(D) OTHER IMPORTANT CLAUSES OF ARBITRATION AGREEMENT

• If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
• Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
• This Arbitration Agreement will survive the termination of your relationship with FUNEX. Notwithstanding the foregoing, either party may seek emergency equitable relief before a court of competent jurisdiction in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
• Notwithstanding the foregoing, claims of defamation and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.

16. FORCE MAJEURE

FUNEX is not responsible for damages caused by delay or failure to perform undertakings under this Agreement when the delay or failure is due to strikes, fires, floods, power outages or failures, acts of God or the state’s enemies, lawful acts of public authorities, any and all market movements, shifts, or volatility, computer, server, or Internet malfunctions, security breaches or cyberattacks, criminal acts, delays or defaults caused by common carriers, acts or omissions of third parties, or any other delays, defaults, failures or interruptions that cannot reasonably be foreseen or provided against. In the event of force majeure, FUNEX is excused from any and all performance obligations and this Agreement shall be fully and conclusively at an end.

17. MISCELLANEOUS

• With respect to this Agreement, your relationship to FUNEX is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without FUNEX’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. FUNEX may freely assign this Agreement. The terms and conditions set forth in this Agreement shall be binding upon assignees.
• The Terms of Use given here together with FUNEX “Privacy Policy” comprises an entire, valid agreement between both parties in relation to the use of the Services. This Agreement supersedes all previous ones entered between the concerned parties. No other document signed between the parties can modify, supplement, or alter the terms given in these Terms of Use.
• Presence of any links related to the Services provided by FUNEX on third-party websites does not imply endorsement by FUNEX of any third-party products, services or information presented thereon, nor does FUNEX guarantee about the accuracy or genuineness of the information contained thereon. Despite our best efforts, FUNEX can’t effectively control the third-party websites, we therefore advise that you should carefully read and understand each website’s “Terms of Use” and “Privacy Policy”, separately.
• The communications between you and FUNEX use electronic means, whether you use our platform or send us emails, or whether FUNEX posts notices on the its website or communicates with you via email. For contractual purposes, you (a) consent to receive communications from FUNEX in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that FUNEX provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
• You can reach out to us for clarifications and queries related to these “Terms of Use”, FUNEX Privacy Policy or any matter concerning our Services by connecting with our FUNEX Customer Support team and raising a ticket on https://exchange-support.funexcoin.com/sendtickets. We shall be happy to resolve your queries related to the Services.