Terms of Use
Last updated: November 2023
We at NXMarket respect the privacy and confidentiality of the personal data of our Customers, Partners, Consultants, Contractors, Service Providers, Outsourced Third-Parties and others who have business dealings with us. We are committed to implementing policies, practices and processes to safeguard the collection, use and disclosure of the personal data you provide us, in compliance with the Hong Kong Data Privacy Ordinance of 2012/2013.
We have developed this document (“Privacy Policy”) to cover the information practices, including how NXMarket (“NXMarket ” or “we”, “us”, “our” as the case may be) collects, uses, discloses, processes or handles the personal data that your Business (and each of its Registered Users, referred to hereinafter as “you“, “your” or “User“) may provide in the course of the use of the website (“Site”) and its functions available or facilitated by the Site (the “Services”), or in connection with your dealings with, through, or on the same. This Privacy Policy is also part of the “Additional Policies” referred to in the Terms of Use, as amended from time to time (“TOU“).
Complete Terms of Use
1. Key Definitions
Capitalized terms not otherwise defined in these Terms of Use will have the following meaning:
a) “External Account” means any Digital Token Account: (i) from which you may transfer Funds into your NXMarket Account, and (ii) to which you may transfer Funds from your NXMarket Account and which has been approved by NXMarket for the foregoing purposes.
b) “Funds” means Digital Tokens.
c) “Fiat Currency” means any national currency.
d) “NXMarket Account” or “Account” means a user account accessible via the Services where Funds may be stored by NXMarket on behalf of a user.
e) “NXMarket Help Center” means NXMarket’s customer service center with address at (https://nxmarket.com/#contact) where you could get online support from NXMarket.
f) “Digital Tokens” or “Tokens” means Bitcoins, TKO, Ethereum and other digital mediums of exchange that may be purchased, sold or traded via the Services. In some jurisdictions also known as cryptocurrencies or crypto-assets.
a.“Digital Token Account” means any Digital Token address or account owned or operated by You that is maintained outside of the Services, and is not owned, controlled or operated by NXMarket.
g) “External Accounts” means any third party’s account or wallet outside the NXMarket Platform.
h) “Whitelist” means a list managed by NXMarket of Users who are entitled to access or buy the Digital Token and for the Users who are in the Whitelist shall be called as “Whitelisted”.
i) “KYC” or “Know Your Customer” means NXMarket’s obligation to carry out certain identity and background checks on the Users before using the Platform and the Services.
j) “Wallet Address” means a cryptographic public private key pair, typically used in the context of virtual assets for the purpose of holding funds denominated in virtual assets.
k) “Investment/Deposit” means the Users will be depositing to the Project Token by swapping their USDT token.
l) “Application Date” means the date when the application form is open and the Users will be able to fill up the application.
m) “Sale Date” means the date when the Users will be able to do the Investment or Deposit into the Project Token.
n) “IDO” or “Initial Dex Offering” means platform for crowdfunding for any new project launched on a decentralized exchange platform using coins or tokens.
o) “Project Token” means the token by a new project or vendor that will be offered during the IDO time.
p) “USDT” means stable coins.
2. Creating a NXMarket Account
a) In order to use the NXMarket Site, you will need to register for a NXMarket account by providing your information (“Personal Information”), including your email address, password, and accepting the terms of this Agreement and our Privacy Policy and other derivatives documents. We may, in our sole discretion, decide to remove your account if we find out a violation in your activities within the NXMarket Site. This will also automatically open a Musa Wealth account for the registrant by registering on the NXMarket registration portal. When You create a NXMarket Account, You agree to: (a) create a strong password that You do not use for any other website or online service; (b) provide accurate, complete and truthful information; (c) maintain and promptly update Your NXMarket Account information; (d) maintain the security of Your NXMarket Account by protecting your password and restricting access to Your NXMarket Account; (e) promptly notify us if you discover or otherwise suspect any security breaches related to Your NXMarket Account; and (f) take responsibility for all activities that occur under Your NXMarket Account and accept all risks of any authorized or unauthorized access to Your NXMarket Account, to the maximum extent permitted by law.
b) You must provide any information required when creating a NXMarket Account or when prompted by any screen displayed within the Services. You represent and warrant that any information You provide via the Services is accurate and complete.
c) To access the NXMarket Site, you must have the necessary equipment or device and the associated telecommunication service subscriptions to access the Internet.
d) NXMarket may not make the Services available in all markets and jurisdictions, and may restrict or prohibit use of the Services from certain jurisdictions (“Restricted Locations”). You further represent and warrant that You: (a) are at least 18 (eighteen) years old; (b) have not previously been suspended or removed from using our Services or other similar services provided by other parties; (c) have full power and authority to enter into these Terms of Use and in doing so will not violate any other agreement to which You are a party; (d) using our platform in Your own name and solely for Your own benefit; (e) are not located in, under the jurisdiction of, or a national or resident of any Restricted Locations (as defined above); (f) will not use our Services if any applicable laws in your country prohibit you from doing so in accordance with these Terms of Use; (g) are not a designated person under regulations issued pursuant to the lists of individuals or entities identified as Politically Exposed Person (“PEP”) or listed as terrorists or weapon of mass destruction individuals or entities related (any such list as updated from time to time and made available on the Internet through the official United Nations website at http://www.un.org/ and any other relevant list); and (h) have read and understood these Terms of Use and the Risk Disclosure Statement.
e) In order to access NXMarket Site services You will be required to create or be given security details, including a username and password. You are responsible for keeping the electronic device through which You access NXMarket Site safe and maintaining adequate security and control of any and all security details that You use to access the NXMarket Services and/or Platform. This includes taking all reasonable steps to avoid the loss, theft or misuse of such electronic devices and ensuring that such electronic devices are encrypted and password protected. You must keep Your security details safe at all times. For example, You should not write them down or otherwise make them visible to others.
3. Identification and Verification
a) We will require you to pass identity verification prior to allowing you to use NXMarket, participate in any sale or distribution of Tokens, receive any distribution of Tokens and at any moment thereafter.
b) For the purposes of this Policy we may require you to provide us with the following information: first name, last name, address, telephone number, e-mail address, date of birth, taxpayer identification number, a government identification, and, if applicable, information regarding your bank account (such as the name of the bank, the account type, routing number or SWIFT, and account number). Also, we may request from you your driving license or any other national ID, internal or international passport, bank statement, utility bill, tax document and/or other documents that we consider necessary for your identification. We may request from you video identification or your selfie with a specified ID or passport. Our Help Centre may at its discretion request any additional information or documentation from you at any time that is required to facilitate the verification, registration process or operation related issue.
c) When you act on behalf of an entity, in addition, we may require such entity to pass entity verification prior we allow such entity to use NXMarket, participate in any sale or distribution of Tokens, receive any distribution of Tokens and at any moment thereafter. In this case, we may require you to provide us with the following information: business name of the entity, registry code or registration number and the date of registration; ID of the shareholders (same as for the natural person identification), the ID of the director(s) and/or members of the management board (same as for the natural person identification), ID’s of the representatives (same as for the natural person identification), proof of the registered office/seat of the entity, ID’s of the beneficial owners (same as for the natural person identification), certificate of good standing, bank statements, proof of representation and powers, articles of association and/or other information and documents that we consider necessary. Our Help Centre may at its discretion request any additional information or documentation from you at any time that is required to facilitate the verification, registration process or operation related issue.
d) The submitted documents (other than driving license, national ID, internal or international passport) should be issued no more than three months prior to the date of identification and should list your name and your current address. In providing us with this or any other information that may be required, you confirm that the information is accurate and authentic. You agree to keep us updated if any of the information or document you provide changes.
e) You acknowledge and agree that we may use subcontractors for the purpose of your identity verification. In this case processing of the requested information and documents would be governed by such subcontractor’s privacy policy and you would be able to read such privacy policy before you submit any information.
f) You hereby agree to provide us or our subcontractors with the information we or our subcontractors request and you hereby permit us and our subcontractors to keep a record of such information.
g) You authorise us and our subcontractors to make inquiries, whether directly or through third parties, that we and our subcontractors consider necessary to verify your identity, to ensure enforcement of geographic restrictions or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries.
h) We shall have the right to verify your identity on an ongoing basis, including cases when your identification information has been changed or your activity seemed to be suspicious (unusual for you). We reserve the right to request up-to-date documents from you and/or represented entity, even though you have passed identity verification in the past.
4. Suspension, Termination, and Cancellation
(i) We may: (a) refuse to complete or cancel Your registration; (b) suspend, restrict or terminate Your access to any or all of the NXMarket Site services; and/or (c) deactivate Your account with immediate effect for any reason, including but not limited to where:
We are, in our reasonable opinion, required to do so by applicable law or any court or other authority to which We are subject in any jurisdiction;
We reasonably suspect you of acting in breach of this Agreement;
We have concerns that an activity is erroneous or about the security of your account or We suspect that the NXMarket Site services are being used in a fraudulent or unauthorized manner;
We suspect money laundering, terrorist financing, fraud, or any other financial crime;
Use of Your account is subject to any pending litigation, investigation or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your account activity;
You take any action that may circumvent the controls of NXMarket such as abusing promotions which We may offer from time to time; and/or
A Force Majeure event occurs.
(ii) We may suspend, restrict, or terminate your access to any or all of the NXMarket Site services and/or deactivate or cancel your NXMarket account, without notice. You acknowledge that our decision to take certain actions, including limiting access to, suspending, or closing your NXMarket account, may be based on confidential criteria that are essential to our risk management and security protocols. You agree that we are under no obligation to disclose the details of its risk management and security procedures to You and for such suspension, restriction, and/or termination, the following event will occur:
All amounts payable by You to NXMarket will immediately become due;
NXMarket may cancel any open orders or other transaction requests that are pending at the time of discontinuation or termination or deletion or deactivation;
NXMarket will, where possible, return any Funds stored in Your NXMarket Account not otherwise owed to NXMarket and/or will use commercially reasonable efforts to provide You with a period of 90 (ninety) days to transfer affected Digital Tokens from Your NXMarket Account, unless prohibited by applicable laws or regulations or by order of law enforcement or governmental authority, or NXMarket believes You have committed fraud, negligence or other misconduct; and/or
NXMarket may take such other steps as NXMarket deems necessary or desirable to protect its own interests.
We are not and shall not be responsible or liable for any loss or damages incurred as a result of or arising from any actions taken under this section.
(iii) We may, at any time and in the sole discretion of NXMarket, refuse any trade submitted via the Platform, impose limits on the trade amount permitted via the Platform or impose any other conditions or restrictions upon your use of the Platform without prior notice.
(iv) all trades are irreversible once initiated. While We may, at our sole discretion, reverse a trade in the case of obvious error or if required by any applicable law or regulation or under certain extraordinary conditions, a customer does not have a right to a reversal of a trade.
(v) Discontinuance of Services. We may, in NXMarket sole discretion and without liability to You, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, all or any portion of NXMarket Services and/or Platform, which may include but is not limited to suspending trading in or ceasing to offer Services in respect of any of the Digital Tokens or prohibiting use of the Services in or from certain jurisdictions. Unless NXMarket notifies You or makes a public statement to the contrary, NXMarket does not support related side chains or other underlying technology of Digital Tokens that are based on a fork, enhancement, or derivative of a different Digital Token or the software, networks, protocols, systems and other technology (including, if applicable, any blockchain) used to administer, create, issue, transfer, cancel, use or transact in any Digital Token (“Derivative Protocols”), even if such is based on a Digital Token that is supported by NXMarket, and You should not use Your NXMarket Account to attempt to transfer, store, trade or engage in any other type of transaction based on such Derivative Protocols. NXMarket will have no responsibility or liability whatsoever for any losses or damages in respect of any Derivative Protocol.
5. Anti-Money Laundering, Countering the Financing of Terrorism (“AML/CFT”) and Know Your Customer (“KYC”) Compliance Policy
(i) NXMarket maintains AML/CFT and KYC policies that will be updated from time to time. Pursuant to such policy, NXMarket may, in its discretion, require identity verification and go through other screening procedures with respect to you or transactions associated with your NXMarket Account. You agree and undertake to provide NXMarket with any and all information and documents that NXMarket may from time to time request or require for the purposes of these Terms of Use or in connection with your NXMarket Account (including, but not limited to, Your name, address, telephone number, email address, date of birth, government-issued identification number, photograph of your government-issued identity card or document or other photographic proof of your identity, and information regarding your Digital Token Account). NXMarket will have no liability or responsibility for any permanent or temporary inability to access or use any Services as a result of any identity verification or other screening procedures.
(ii) Further, pursuant to the AML/CFT policy, NXMarket may, in its discretion, carry out continuous monitoring of all NXMarket Accounts. If any unusually large or unusual patterns of trades or any inexplicable or suspicious circumstances are observed, NXMarket may, in its discretion, place an administrative hold on or freeze Your NXMarket Account. You agree that NXMarket will have no liability or responsibility for any permanent or temporary inability to access or use any Service caused by such action.
(iii) To maintain AML/CFT and KYC process and policies, NXMarket may appoint any third parties to carry out such obligations on behalf of NXMarket.
6. NXMarket Account Funds
(i) In order to place or match an order or trade via the Platform, you must first transfer Funds to Your NXMarket Account using one of the approved External Accounts identified via the Platform. You may be required to verify that you control the External Account that you use to load Funds to your NXMarket Account. You may be charged fees by the External Account you use to transfer Funds to your NXMarket Account. NXMarket is not responsible for any External Account fees or for the management and security of any External Account. You are solely responsible for Your use of any External Account, and You agree to comply with all terms and conditions applicable to any External Account. The timing associated with a transaction for the transfer of Funds to or from an External Account will depend in part upon the performance of third parties responsible for maintaining the applicable External Account, and NXMarket makes no guarantee regarding the amount of time it may take to transfer Funds into your NXMarket Account.
(ii) Provided that the balance of Funds in your NXMarket Account is greater than any minimum balance requirements needed to satisfy all of Your open orders and trades and any fees payable to NXMarket, and subject to Your compliance with all identity verification and other screening procedures and Your satisfaction of all requirements under NXMarket’s AML/CFT policy, NXMarket may (but is not obligated to) agree to your request to transfer any amount of Funds, up to the total amount of Funds in your NXMarket Account in excess of such minimum balance requirements, from your NXMarket Account to an External Account, less any fees charged by NXMarket for such transactions.
(iii) When You request that We transfer Funds into Your NXMarket Account from your External Account or request that we transfer Funds to your External Account from Your NXMarket Account, You authorize NXMarket to execute such transaction via the Platform.
(iv) Rejected Transactions. In some cases, the External Account may reject Your Funds or may otherwise be unavailable. You agree that You will not hold NXMarket liable for any loss resulting from such rejected transactions.
(v) You hereby represent and warrant that any Digital Tokens transferred to Your NXMarket Account from an External Account or otherwise used by You in connection with the Platform are owned by You legally and beneficially, and that all orders, trades and transactions initiated with Your NXMarket Account are for Your own account and not on behalf of any other person or entity.
(vi) If for any reason NXMarket is holding Funds in Your NXMarket Account, such Funds remain unclaimed, and NXMarket is unable to return Your Funds to Your designated External Account after a period of 2 (two) years after Your last login to NXMarket or any specified period notified by NXMarket, and NXMarket determines in good faith that it is not able to trace You, You agree that all such Funds shall be deemed to have been abandoned by You in favor of NXMarket and may be appropriated by NXMarket to and for itself, and You thereafter shall have no right to claim such Funds.
(vii) If NXMarket receives notice that any Digital Tokens held in Your NXMarket Account are alleged to have been stolen or otherwise are not lawfully possessed by You, NXMarket may, but has no obligation to, place an administrative hold on or freeze the affected Digital Tokens or Your NXMarket Account. If NXMarket does place an administrative hold on or freeze some or all of Your Digital Tokens, NXMarket may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to NXMarket has been provided to NXMarket in a form acceptable to NXMarket. NXMarket will not involve itself in any such dispute or the resolution of the dispute. You agree that NXMarket will have no liability or responsibility for any losses, damages or prejudice arising from or in connection with such hold or freeze, or for Your inability to withdraw Digital Tokens or execute trades during the period of any such hold or freeze.
(viii) It is Your responsibility to determine what, if any, taxes apply to the trades You complete via the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that NXMarket is not responsible for determining whether taxes apply to your trades or for collecting, reporting, withholding or remitting any taxes arising from any trades.
7. Acceptable Use
(i) You agree that You will not violate any law or any contractual, intellectual property or other third-party right or commit a tort, and that You are solely responsible for Your conduct while using NXMarket’s Services. Without limiting the generality of the foregoing, You agree that You will not:
Use NXMarket’s Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of NXMarket’s Services or bring disrepute to the Services in any manner;
Use NXMarket’s Services to pay for, support or otherwise engage in any illegal gambling activities; fraud; market manipulation or abuse (including but not limited to Your taking actions, or acting in concert with another user to take actions, on or outside the Services, which are intended to deceive or mislead other users, or artificially control or manipulate the price or trading volume of a Digital Token); money-laundering; or terrorist activities; or other illegal activities;
Use any robot, spider, crawler, scraper or other automated means or interface not provided by Us to access NXMarket’s Services or to extract data;
Use or attempt to use another user’s account without authorization;
Attempt to circumvent any content filtering techniques We employ, or attempt to access any service or area of NXMarket’s Services that You are not authorized to access;
Introduce to the Services any malware, virus, trojan worms, logic bombs, or other harmful material;
Develop any third-party applications that interact with NXMarket’s Services without our prior written consent;
Provide false, inaccurate, or misleading information; and/or
Encourage or induce any third party to engage in any of the activities prohibited under this section.
8. Fees
You agree to pay the fees for trades completed via our Platform (“Fees”) as made available and will be updated from time to time. Changes to the Fees are effective immediately upon the changes made by NXMarket.
(ii) In addition to the Fees, Your External Account may impose fees in connection with Your use of Your designated External Account via the Platform. Any fees imposed by Your External Account provider will not be reflected on the transaction screens containing information regarding applicable Fees. You are solely responsible for paying any fees imposed by an External Account provider.
(iii) You authorize Us, or our designated payment processor, to charge or deduct Your NXMarket Account Funds for any applicable Fees owed in connection with trades You complete via the Services.
9. Privacy Policy and Risk Disclosure
(i) You acknowledge that We are required to collect and use Your Personal Information to keep the improvement and running the business. Please refer to NXMarket Privacy Policy for information about how we collect, use and disclose your personal data.
(ii) You acknowledge that Digital Token values can fluctuate greatly in value depending on market conditions. Hereby the User warrants that You are aware of the volatile nature of Digital Token, and holds NXMarket harmless for any loss or damages arising from such volatility. Please refer to and thick the NXMarket Risk Disclosure Statement to access Platform made available by NXMarket.
10. Liability
(i) You agree that neither We nor NXMarket’s affiliates or service providers, nor any of NXMarket’s respective officers, directors, employees, and representatives will be liable for any claims, demands, and damages (actual and consequential) of any kind or nature rising out of or in any way connected with such disputes.
(ii) You agree to indemnify and hold harmless Us, NXMarket’s affiliates and service providers, and each of NXMarket’s or their respective officers, directors, employees, and representatives, in respect of any costs (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) that have been reasonably incurred in connection with (a) Your use of, or conduct in connection with, NXMarket Services; (b) any Feedback you provide; (c) any claims, demands or damages arising out of or related to your breach; and/or (d) enforcement of this Agreement or violation of any law, rule or regulation, or the rights of any third party.
(iii) We (including NXMarket directors, officers, members, employees, agents, and its affiliates) shall only be liable to You for loss or damage caused directly and reasonably foreseeable by NXMarket’s breach of this Agreement. We have no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any Digital Tokens that You may purchase or sell to or from a user of the Services. We are not responsible for ensuring that a third-party buyer or a seller You transact with will complete a trade or transaction or is authorized to do so. If You experience a problem with any Digital Tokens or services purchased from, or sold to, a user using the Platform, or if You have a dispute with such user, You should resolve the dispute directly with that user. If you believe a user has behaved in a fraudulent, misleading, or inappropriate manner, You may notify NXMarket Help Center. You acknowledge that there is no guarantee fund established or other arrangement in place to cover or compensate You for any pecuniary loss suffered by You as a result of any defaults by or the insolvency of any other users of the Platform.
(iv) The NXMarket Site services are provided on an "as is" and "as available" basis without any representation or warranty, whether expressed or implied, to the maximum extent permitted by applicable law: specifically, We disclaim any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement. We do not make any representations or warranties that access to the NXMarket Site, any of the NXMarket Platform, or any of the materials contained therein, will be continuous, uninterrupted, timely or error-free. You acknowledge that information You store or transfer through NXMarket Platform may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, including software failures, protocol changes by third party providers, internet outages, Force Majeure event or other disasters including third party distributed denial of Service attacks, scheduled or unscheduled maintenance, or other causes either within or outside NXMarket control. You are solely responsible for backing up and maintaining duplicate copies of any information You store or transfer through NXMarket Platform. Links to third-party materials (including without limitation websites) may be provided as a convenience but are not controlled by Us. You acknowledge and agree that We are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third party sites accessible or linked to the NXMarket Site.
(v) NXMarket Site is not liable for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect Your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS (short message services) and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from Us. NXMarket customer support will never ask to screen share or otherwise seek to access Your computer or account.
(vi) We are not liable for any breach of the Agreement where the breach is due to abnormal and unforeseeable circumstances beyond NXMarket’s control, the consequences of which would have been unavoidable despite all effects to the contrary, nor are We liable where the breach is due to the application of mandatory legal rules.
11. Your Representations and Warranties
By accessing the Platform and/or using the Services, hereby the User represent and warrant the following:
(i) There is a risk of losing cryptocurrency & other funds of value when using the Service and NXMarket has no responsibility to You for any such loss;
(ii) Your use of the Service is at Your sole option, discretion and risk;
(iii) You are solely responsible for any applicable taxes which may be payable on cryptocurrency traded or transacted by You through Your using the Services;
(iv) The telecommunications networks, blockchain networks (such as Binance and Ethereum) and internet access services required for You to access and use the Services are entirely beyond the control of NXMarket and NXMarket shall have no liability whatsoever for any outages, slowness, capacity constraints or other deficiencies affecting the same; and
(v) You are eligible to use and access the Platform as stipulated on Section 3 of this Terms of Use.
12. User Feedback, Queries, and Complaints
(i) When You contact Us please provide Us with Your name, address, and any other information We may need to identify You, Your NXMarket Account, and the activity on which You have feedback, questions, or complaints.
(ii) We will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, complaints, and ideas or other information or materials that You provide, whether by email, posting through our Services or otherwise (“Feedback”). Any Feedback You submit is non-confidential and shall become the sole property of NXMarket. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to You. You waive any rights You may have to the Feedback (including any copyrights). Do not send Us Feedback if You expect to be paid or want to continue to own or claim rights in them. You also acknowledge and agree that We have the right to disclose your identity to any third party. We have the right to remove any posting You make on NXMarket Platform if, in NXMarket opinion, Your post or Feedback does not comply with the content standards set out in NXMarket policies, including this Terms of Use.
(iii) In the event of a complaint, please set out the cause of Your complaint, how You would like Us to resolve the complaint and any other information You believe to be relevant. We will acknowledge receipt of Your complaint. A User complaints officer ("Officer") will consider Your complaint. The Officer will consider Your complaint without prejudice based on the information You have provided and any information provided by NXMarket. Within 15 (fifteen) business days of our receipt of Your complaint the Officer will address all points raised in Your complaint by sending You an email ("Resolution Notice") in which the Officer will: (i) offer to resolve Your complaint in the way Your requested; (ii) make a determination rejecting Your complaint and set out the reasons for the rejection; or (iii) offer to resolve Your complaint with an alternative solution. In exceptional circumstances, if the Officer is unable to respond to Your complaint within 15 (fifteen) business days for reasons beyond NXMarket's control, the Officer will send You a holding reply indicating the reasons for a delay in answering Your complaint and specifying the deadline by which the Officer will respond to Your complaint, which will be no later than 35 (thirty-five) business days from our receipt of your complaint.
(iv) Any offer of resolution made to you will only become binding on us if accepted by you. An offer of resolution will not constitute any admission by us of any wrongdoing or liability regarding the subject matter of the complaint.
13. Copyrights and Other Intellectual Property Rights
(i) Unless otherwise indicated by Us, all copyright and other intellectual property rights in all content and other materials contained on NXMarket Platform or provided in connection with the Services, including, without limitation, the logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof of NXMarket or its affiliates (collectively, “NXMarket Materials”) are the proprietary property of NXMarket or NXMarket’s licensors or suppliers and are protected by international copyright laws and other intellectual property rights laws.
(ii) We hereby grant You a limited, nonexclusive and non-sublicensable license to access and use the NXMarket Materials for Your personal use within accessing the Services. Such license is subject to this Terms of Use and does not permit (a) any resale of the NXMarket Materials; (b) the distribution, public performance or public display of any NXMarket Materials; (c) modifying or otherwise making any derivative uses of the NXMarket Materials, or any portion thereof; or (d) any use of the NXMarket Materials other than for their intended purposes. The license granted under this section will automatically terminate if We suspend or terminate Your access to the Services.
14. Electronic Communications
(i) You agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures (collectively, “Communications”) that NXMarket provides in connection with Your NXMarket Account and/or use of the NXMarket Services. You agree that NXMarket may provide these Communications to You by posting them via the Services, by emailing them to You at the email address you provide. You should maintain copies of electronic Communications by printing a paper copy or saving an electronic copy.
(ii) You may withdraw your consent to receive electronic Communications by contacting NXMarket Help Center. If you decline or withdraw consent to receive electronic Communications, NXMarket may suspend or terminate your use of the Services.
(iii) It is your responsibility to keep Your email address on file with NXMarket up to date so that NXMarket can communicate with you electronically. You understand and agree that if NXMarket sends you an electronic Communication but you do not receive it because your email address on file is incorrect, out of date, blocked by Your service provider, or You are otherwise unable to receive electronic Communications, NXMarket will be deemed to have provided the Communication to You. Please note that if You use a spam filter that blocks or re-routes emails from senders not listed in Your email address book, You must add NXMarket to Your email address book so that You will be able to receive the Communications we send to You. You can update your email address at any time by logging into Your NXMarket Account or by contacting NXMarket Help Center. If your email address becomes invalid such that electronic Communications sent to You by NXMarket are returned, NXMarket may deem Your account to be inactive, and You may not be able to complete any transaction via NXMarket Services until We receive a valid, working email address from You. We shall not be liable for any failure of communication (for any reason).
15. Miscellaneous
(i) If you receive information about another user through the NXMarket Site, you must keep the information confidential and only use it in connection with the NXMarket Site. You may not disclose or distribute a user's information to a third party or use the information except as reasonably necessary to affect a transaction and other functions reasonably incidental thereto such as support, reconciliation and accounting unless You receive the user's express consent to do so. You may not send unsolicited email to a user through the NXMarket Site.
(ii) If You suspect that your NXMarket account or any of your security details have been compromised or if You become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting You and/or NXMarket (together a "Security Breach"), You must notify NXMarket Help Center as soon as possible and continue to provide accurate and up to date information throughout the duration of the Security Breach. You must take any steps that We reasonably require to reduce, manage or report any Security Breach. Failure to provide prompt notification of any Security Breach may be taken into account in NXMarket determination of the appropriate resolution of the matter.
(iii) This Terms of Use contain the entire agreement, and supersede all prior and contemporaneous understandings between You and NXMarket regarding the Services. This Terms of Use do not alter the terms or conditions of any other electronic or written agreement You may have with NXMarket for the Services or for any other NXMarket product or service or otherwise. In the event of any conflict between this Terms of Use and any other agreement You may have with NXMarket, the terms of that other agreement will prevail only if this Terms of Use are specifically identified and declared to be overridden by such other agreement.
(iv) We reserve the right to make changes or modifications to this Terms of Use from time to time, in NXMarket sole discretion. If we make changes to this Terms of Use, We will provide You with notice of such changes, such as by sending an email, providing notice on the homepage of our website and/or by posting the amended Terms of Use via the applicable NXMarket Platform and updating the “Last Updated” date at the top of this Terms of Use. The amended Terms of Use will be deemed effective immediately upon posting for any new users of the Services. In all other cases, the amended Terms of Use will become effective for pre-existing users upon the earlier of either: (i) the date users click or press a button to accept such changes, or (ii) continued use of NXMarket Platform and/or Services after such changes. Any amended Terms of Use will apply prospectively to use of the Services after such changes become effective in accordance with this Terms of Use. If You do not agree to any amended terms, You must discontinue using NXMarket Platform and Services and contact Us to terminate Your Account.
(v) You may not assign or transfer any of Your rights or obligations under this Terms of Use without prior written consent from NXMarket, including by operation of law or in connection with any change of control. NXMarket may assign or transfer any or all of its rights under this Terms of Use, in whole or in part, without obtaining Your consent or approval.
(vi) Section headings in this Agreement are for convenience only, and shall not govern the meaning or interpretation of any provision of this Agreement. If any terms in this Agreement require any further interpretation, You agree to use the interpretation applied by NXMarket.
(vii) If any provision of this Agreement is determined to be invalid or unenforceable under any applicable law, this will not affect the validity of any other provision.
(viii) NXMarket shall not be liable for (a) any inaccuracy, error, failure, delay in, or omission of (i) any information, (ii) the transmission or delivery of information, or (iii) carrying out its obligations under this Terms of Use; (b) any loss or damage in any and all cases arising from any event beyond NXMarket’s reasonable control, including but not limited to flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labour dispute, accident, action of government, terrorist attacks, market failure or disruption, telecommunications or network breakdown or disruption, communications, power failure, attacks on the security, integrity or operation of Digital Tokens, the Services and/or the NXMarket Accounts and Funds held therein, or equipment or software malfunction or any other cause beyond NXMarket’s reasonable control (each, a “Force Majeure”).
(xi) We may not always strictly enforce our rights under this Agreement. If we do this, it will be just a temporary measure and We may enforce NXMarket rights strictly again at any time.
(xii) All provisions in this Terms of Use shall survive any termination or expiration of this Terms of Use as long as it is relevant.