Terms of Use

1. Terms of Use

These Terms of Use are the legal binding agreement between SINEGY Technologies (M) Sdn.Bhd. and/or its subsidiaries (the “Company”) and the users of sinegy.com, marketplace.sinegy.com, rates.sinegy.com, mktp.sinegy.com (the “Site”). By using this Site, and further by registering to use our Service, you (the “You”, “Your” or “Yourself”) accept and comply with the terms and conditions governing Your use of the Site and the services offered therein (the “Terms of Use”). You should read the entire Terms of Use carefully before You use the Site or any of the services offered on the Site (the “Services”). If You do not agree to any term of these Terms of Use, You are required not to use the Site and the Services.

The Services allow buyers and sellers to buy the digital currencies (e.g. Bitcoin, Ethereum and XRP[hereinafter referred to as the Digital Assets]) supported by the Site and to sell the Digital Assets to the Company, in the event the Company elects to purchase, subject to Company’s sole discretion.

The Services allow all registered users (the “Members”) of the Services to Purchase and Sell Digital Assets as further specified under these Terms of Use.

Depending on Your country of residence, You may not be eligible to use all the Services of the Site. It is Your responsibility to follow those rules and laws in Your country of residence and/or country from which You access this Site and Services.

By opening an account to use the Services (Account), You expressly represent and warrant:

  • You have accepted these Terms of Use; and
  • You are at least 18 years of age (or the age of majority and contractual capacity applicable to You – no younger than age 18) and have the full legal capacity to accept these Terms of Use and enter into a transaction involving Digital Assets.

2. Risks

Using the Services, including to acquire, trade, or hold Digital Assets, involves significant risks. By using the Services, You accept all risks of acquiring, trading and holding Digital Assets through the Services. You may lose Digital Assets, Your Digital Assets may lose some or all of their value, You may be unable to acquire, transfer, trade, or access Digital Assets, You may be unable to receive financial benefits available to other holders of Digital Assets, and You may suffer other types of financial losses. You should not acquire any Digital Assets unless You can afford to lose the entire value of those Digital Assets. You are responsible for making an independent evaluation of the merits and risks, and the security, integrity and operation of any Digital Assets that You decide to acquire or trade. You represent and warrant that You have sufficient knowledge, experience, understanding, and information to make such evaluations and have taken such professional advice as You deem necessary. Although it is not possible to anticipate all risks, examples of certain important risks are summarized below.

Risks Related to Trading and Financing

Risk of price volatility
Digital Assets are not legal tender and, except in limited circumstances, do not have legal tender as an underlying asset. The market prices of Digital Assets have a history of high volatility.

Several factors may contribute to price fluctuations, including, but not limited to:

  • the number of different Digital Assets in existence and the supply of each type of Digital Asset;
  • global demand and usage of Digital Assets generally, and of individual types of Digital Asset specifically;
  • changes in software, software requirements or hardware requirements underlying Digital Assets;
  • interruptions in service from or failures of major Digital Assets exchanges;
  • trading activities of large holders of Digital Assets;
  • a change in the price of a single type of Digital Asset, such as Bitcoin or Ether, that affects industry-wide sentiment;
  • natural disasters, war, political upheaval, and other major environmental, social, and political events; and
  • monetary policies of governments, regulatory measures, trade restrictions, currency devaluations and revaluations.

Liquidity risk
Markets for Digital Assets are relatively new and have varying degrees of liquidity. There is no guarantee that there will always be an active market or any market for You to sell, buy, or trade Digital Assets through the Services, and a market for Digital Assets may appear or disappear suddenly. Thin liquidity may cause prices to fluctuate widely, may cause difficulty or impossibility in filling Your orders, and/or may result in trade executions at an unfavourable price.

Risks Related to Digital Asset Technology

Risks associated with underlying technology the software, networks, protocols, systems, and other technology (including, if applicable, any blockchain).

Underlying Digital Assets may include coding errors or otherwise not function as intended, which may negatively affect the functionality of such Digital Assets. Upgrades to the underlying technology after it launches, a hard fork in the underlying technology, or a change in how transactions are confirmed through the underlying technology may have unintended adverse effects on the corresponding Digital Assets. Digital Assets and their underlying technology may be vulnerable to attacks on their security, integrity or operation (Attacks), including Attacks using computing power to overwhelm the normal operation of a blockchain or other underlying technology. A Digital Asset may be cancelled, lost, or double spent, or may otherwise lose all or most of its value, due to forks, rollbacks, Attacks, changes to the features, characteristics, or properties of Digital Asset, or failure of the Digital Asset to operate as intended.

Risks due to Digital Asset verification
As a general matter, an executed Digital Asset transaction must be verified on its underlying network or blockchain before it is confirmed in the recipient Digital Asset address. This means that an executed transaction does not become effective until such verification has occurred. Verification is not required for transactions conducted entirely within the Services (for example, executing a spot transaction). However, the transfer of a Digital Asset between Your Account and an external wallet must be verified. Therefore, it is possible that the transfer will not be reflected in Your account balance, will not be completed, or will be canceled before verification of the transaction is made on the underlying Digital Asset network or blockchain.

General Risks

Business hours risk
Your access to Digital Asset trading and other activities through the Services is not limited to the Company’s regular business hours. There is a risk that abnormal events such as, for example, a communications interruption, power failure, equipment, server, internet, or software malfunction, security breach or cyber Attack may occur outside of the Company’s regular business hours, and that the Company will not be able to respond to such events as quickly as might be the case during regular business hours. Although the Company makes no guarantee that it will be able to resolve such abnormal events even during regular business hours, the potential for losses may be greater if such events occur outside of regular business hours.

Risks due to changes in rules and procedures
You understand that any changes made by the Company to the Terms of Use, trading rules, and/or any other rules and procedures regarding Digital Asset transactions may have a negative effect on Your use of the Services. Examples of changes include trading fees, deposit fees and withdrawal fees.

System risks
Transactions are executed using an electronic transaction system. If You incorrectly enter the information required to initiate a transaction, Your intended transaction might not be executed or an unintended transaction might be executed. The electronic transaction system may be unusable temporarily or for a certain period for various reasons, such as scheduled or emergency system maintenance, system failure (including, for example, malfunctioning telecommunications or system equipment), and telecommunication network problems. As a result, You may be unable to initiate a transaction via the Services or Your transaction or instructions may be delayed or may fail to reach the Company’s electronic transaction system, and Your transaction may be invalidated or suspended. Furthermore, it may not be possible to correct or retrieve any such intended transaction for a variety of reasons, including for example the inability to identify the details of Your intended transaction and the system’s production of aberrant buy or sell prices during a system failure. If the system or Your Account is subject to a security breach (for example, due to a leak of Your security credentials such as Your login ID or password), a third party may obtain access to Your Account and You may suffer losses as a result.

Bankruptcy risk
The Company may be unable to continue its business due to various causes, such as a change in the external environment (including the enactment of more stringent regulations regarding Digital Assets), a deterioration of the Company’s financial condition, or the bankruptcy or discontinuation of Service of a service provider that provides necessary services to the Company.

The Company takes client fund safety measures seriously. As a result, the Company deposits all client assets in a trustee account. In the event that the Company cannot continue operations, client assets are protected by the trustee and will be returned completely to the clients. The Company updates the trustee with every single client transaction to make sure the funds are kept up to date.

Risks due to uncertainty - Legal, Regulatory, and Tax Environment
The legal, regulatory and tax status of Digital Assets is unclear or unsettled in many jurisdictions. It is possible that governmental authorities in any jurisdiction may ban, restrict, or take other actions that could negatively impact Your acquisition, ownership, trading, or other transactions involving Digital Assets. In addition, many issuers of Digital Assets operate in an uncertain legal and regulatory environment. Developments in laws and regulations in any jurisdiction could negatively impact the success of any Digital Asset or its underlying technology. Please consult with Your tax adviser, accountant, attorney, or any other relevant professional for details and advice.

3. Rules for Maintaining Your Account

The Site is for Your own personal and non-commercial use only. Company is vigilant in maintaining the security of the Site and the Services. By registering with us, You agree to provide us with current, accurate, and complete information about You as prompted by the registration process and the verification process, and to keep such information updated at all times. You further agree that You will not use Account other than for Your own, or access the Account of any other Member at any time, or assist others in obtaining unauthorized access.

The creation or use of the Account without obtaining our prior express permission will result in the immediate suspension of all said Accounts, as well as all pending purchase/sale offers. Any attempt to do so or to assist others (Members or otherwise), or the distribution of instructions, software or tools for that purpose, will result in the Accounts of such Members being terminated, without derogating from any other remedy to which the Company may be entitled for such a violation and the Company may take further actions against You.

You may only open one Account. You are responsible for maintaining the confidentiality of Your Account information, including Your password, safeguarding Your own Digital Assets, and for all activity and Transactions that are posted to Your Account. Company may request additional information as necessary, including in the event of any suspicious activity related to Your Account, including authenticating documents, and may freeze any Transactions pending our review. You are obligated to comply with these security requests, or accept termination of Your Account.

You are required to notify us immediately of any unauthorized use of Your Account or password, or any other breach of security by email addressed to [email protected] Any Member who violates these rules may be terminated, and thereafter held liable for losses incurred by Company or any other user of the Site and Services.

You agree to receive transactional emails from us. Such emails will be cancelled upon Your request using the "unsubscribe" option presented in any such email, when applicable.

Finally, You agree that You will not use the Service to perform criminal activity of any sort, including but not limited to, money laundering, illegal gambling operations, terrorist financing, or malicious hacking. In addition, You warrant not to use methods to conceal the location from which you access the Site and that You will disclose to the Company Your accurate and true location.

4. Account Establishment

Use of the Site and the Services is subject to completing the initial registration process by providing accurate information and documentation, including without limitations, Your name, e-mail address, password, and affirming Your acceptance of these Terms of Use. The aforementioned notwithstanding, the Company may, in its sole discretion, deny You the option to establish the Account, or limit the Accounts that any user may establish and maintain at any time.

You warrant that any and all of the personal information submitted as may be required, is accurate and authentic. Furthermore, You warrant to update the Company with respect to any changes in or of the information submitted to Company. Company may use or transfer Your information to third party service providers for the purpose of providing You with the Services under the Site or the improvement thereof.

You acknowledge that in addition to the above, certain features of Company’s Services require that You provide Company with additional personal information and/or documentation, which may include without limitations, Your address, telephone number, ID number, birthdate, taxpayer identification number and information regarding Your personal bank account details.

You warrant that any and all of the personal information submitted as may be required, is accurate and authentic. Furthermore, You warrant to update the Company with respect to any changes in or of the information submitted to Company. Company may use or transfer Your information to third party service providers for the purpose of providing You with the Services under the Site or the improvement thereof.

You acknowledge that the Company performs inquiries to verify Your personal information, whether directly or through the assistance of third party service providers in its attempt to prevent misidentification, fraud, suspicious activity or money laundering or any other forbidden activity and may take actions with respect to the outcome of such enquiries as it deems necessary. You hereby provide Company with Your authorization for such enquiries as aforementioned, including with respect to a query of Your account information.

5. Provisions of the Services

License. The Company grants You with a limited, non-transferable, non-exclusive license to access and use the Site, the Services, Company’s marks, trademarks, designs, and any related content, data and information provided therein (the “Site Content”) subject to the Terms of Use and exclusively for Your personal use as permitted by the Company and as may be further amended by the Company from time to time. You warrant not to, directly or indirectly, copy, modify, create derivative works, reverse engineer, disassemble, distribute, sell or license any of the Site Content or any part therein to any third party.

Company cannot and does not guarantee the availability of the Services at all times. You acknowledge that in order to protect the Site and its operation, the Company reserves the right at all times, to delay or deny any transaction if it perceives a risk of misconduct, fraud or illegal activity, subject to Company’s sole discretion.

Transactions Limits. You acknowledge that certain limits may apply to the Transaction volume in any given period in accordance with Company’s policies as may be amended from time to time.

REFUNDS. DUE TO THE NATURE OF THE SERVICES THE SITE PROVIDES, ALL PURCHASES MADE ON THE SITE ARE NON-REFUNDABLE. You acknowledge that transactions executed are non-cancelable and You cannot change or reverse any Transaction which was complete or which is pending.

The abovementioned notwithstanding, the Company may endeavor to comply with a request from You to cancel a transaction on Your account should Company determine the cancellation feasible, all subject to Company’s sole discretion and You will have no complaints or demands with that respect.

Payment Declined. Company may terminate any Transaction for payment that was declined for any reason. If possible, in the event of termination of any Transaction, the Company will provide You with notification to that regard.

Privacy of Members Information. Provided that in the course of using the Services You are disclosed of any Member’s information, You are obligated to keep such Member’s information in strict confidence and use it in connection with the Services only. You may not disclose such Member’s information without the said Member’s prior written consent.

Login Information Security. Your login information and password must be kept in strict confidence at all times. Compromise of Your login information may expose Your Account to unauthorized access by third-parties which may result in loss or theft of Digital Assets or funds from Your Account, including linked accounts, such as Your linked bank accounts. In order to receive security alerts from the Company, You must update the Company with respect to changes in Your email address and telephone number. At no event will the Company be held responsible for any damages or losses which You may sustain as a result of compromise of Your Account login credentials due to no fault of Company and/or failure to follow or act on any notices or alerts that we may send to You. Any suspected compromise of Your login information should be immediately reported to Company at [email protected]

Site Content Accuracy. You acknowledge that the Site and any content therein, may contain errors from time to time and may not be accurate or current at all times. In addition, the Site may suffer technical errors. Without derogating from the abovementioned, the Company takes reasonable measures to provide You with accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and Services.

You should verify all information before relying on it, and all decisions based on information contained on the Company Site are Your sole responsibility and Company shall have no liability for such decisions.

The Site may include links to third party materials which may be provided as a convenience but are not endorsed by the Company. You acknowledge and agree that Company is not responsible for the content or services promoted by any third party or on any third-party sites accessible through or linked to the Company Site.

Third Party Access. The Account is for Your own personal use. If you grant access or connect to Your Company Account , You are fully responsible for all acts or omissions of any such third party with respect to the acts or omissions of such third party using Your Account. In addition, You will hold Company harmless and will indemnify and defend the Company from any liability arising out of or related to any act or omission of any third party with access to Your Account.

Prohibited Acts. The License granted to You for the use of the Services on the Site is subject to Your obligation not to engage in any prohibited activity. You acknowledge that the Company reserves the right to review, monitor, record and/or disclose any information as may be necessary to comply with any applicable laws, regulations, legal process or governmental request. Should the Company determine, in its sole discretion, that the activity on Your Account is suspicious or related to any prohibited activity or illegitimate operation, the Company may cancel or suspend Your Account, block any outstanding Transactions and deny any new Transactions and freeze any funds available on Your Account.

Security and Viruses. Any use of the internet may be subject to virus Attack and communication failure. Company shall not bear any liability, whatsoever, for any damage or interruptions caused by computer viruses, spyware, Trojan horses, worms or other malware that may affect Your systems, computer or other equipment, or any phishing, spoofing or other virus attacks. Company recommends that all Members use a reputable and available virus screening and prevention software at all times. You should also apply caution when reviewing text messages and emails purporting to originate from Company as SMS and emails are also vulnerable to phishing and spoofing and additional viruses. It is advisable that You log into Your Account through the Site only and avoid using unauthentic communication advising You options to log in.

6. Use of Account Services

The Services offered to Members with verified Accounts include purchasing, selling to the Company if applicable, and transferring of Digital Assets to Your personal wallet address which was provided by You to the Company in accordance with Your instructions as submitted by You through the Site (each transaction is hereinafter referred to as "Transaction").

For the purpose of executing any Transaction, as needed, You guarantee to use and provide the wallet address owned by You exclusively and which is under Your sole and full control to which the Digital Assets purchased by You will be transferred.

Company reserves the right to deny processing any pending Transaction if required to do so by law, regulations, competent court order or other competent authority or in the event any Digital Assets Transaction is in violation of any provision of these Terms of Use or puts the Company’s operation, good name or reputation at risk. In addition, Company may take any additional actions as available to it under any laws or regulations and these Terms of Use with respect to such Transaction.

You acknowledge that Company will not be liable for any error with respect to Your instructions as provided.

All Transactions are pending confirmation process. Pending Transactions are considered not completed Transactions and may remain unconfirmed for the duration necessary for the confirmation of such Transaction.

Users Content
Should You upload any content on the Site, including without limitations, any text, photo, or other material, You warrant that such content will not consist of: (a) false, misleading information or misappropriation; (b) copyrighted material which You are not authorized to post publicly; or (c) obscene, offensive, profane, unlawful content or any content which, subject to Company’s sole discretion, may harm or risk Company’s good name and reputation.

Without relieving You of Your responsibility as above mentioned, the Company may, subject to Company’s sole discretion, remove any content which is in violation of the above detailed in addition to any further action which the Company deems necessary.

You acknowledge that Company cannot and does not endorse or guarantee the authenticity, identity or reliability of any content and information posted by any user of the Site, thus relying on users’ content is solely at Your own discretion and risk.

Payment Service Providers
You acknowledge that Company may, subject to Company’s sole discretion, use third-party payment processing service providers to process any local currency payment between You and Company, including but not limited to payments in relation to Your use of the Services and any Transaction executed by You. In such cases, You confirm that Company will provide certain information and/or documentation about You, including with respect to a Transaction executed by You as needed to complete the Transaction or as required under any inquiry or in the event of detection of fraud or suspicion of such.

7. The Price

The price as displayed on the Site, will be applicable to each Transaction You execute using the Services (the “Price”). The applicable Price will be displayed prior to completing each Transaction. Company reserves the right to make adjustments to its Prices at any time as appearing on each Transaction.

Depending on Your jurisdiction, You may be eligible to buy or sell Digital Assets to Company through the Site Services subject to the rate assigned to any given transaction. The Price quoted on the Site for each Transaction may be dependent on the Services You choose to use.

8. Purchasing Digital Assets

Following successfully establishing Your Account, including certain verification process as required by the Company, You may begin purchasing Digital Assets on a per Transaction basis.

The Company cannot guarantee that all payment methods will be available to You. The availability of each payment method depends on a number of factors, including but not limited to Your location, the identification information You have provided the Company, and certain limitations imposed by third party payment processors.

Company will use reasonable efforts to deliver the purchased Digital Assets to You at the earliest possibility following the debit issued from Your payment method. However, You acknowledge that delivery of the Digital Assets purchased by You may be completed separately from the actual debit from Your payment method, and may take time for the Digital Assets transfer to be processed. You also acknowledge that in certain occasions, Company may not be able to fulfill Your purchase order.

Using the purchasing Services on the Company’s Site does not provide You with a guarantee that You will be able to sell the purchased Digital Assets to the Company or any third party at a later time and at no event will the Company be obligated to purchase from You any Digital Assets.

9. Sell Transactions

Company may provide You with the option to sell Your Digital Assets subject to Company’s sole discretion, which shall not be deemed as Company’s obligation to purchase any Digital Assets.

Such option, if provided by the Company, is subject to successfully establishing Your Account, including certain verification process as required by the Company, and by providing Your valid payment method to the Company.

Receipt of funds will depend on the payment type You have provided, and may take a certain amount of business days subject to third party providers.

10. Compliance

Your use of the Service must be in compliance with all laws, regulations, anti-money laundering provisions and KYC regulations applicable to You based on Your applicable jurisdiction. It is Your exclusive responsibility to ensure that Your use of the Site and Services is compliant with the applicable laws and regulations.

Applicable Sanctions. You warrant that You will comply with all applicable international economic and export sanctions and any requirement therein. Without limiting the generality of the aforementioned, You will not use the Services available on Company Site if any of the following applies to You:

You are a national or resident of United States, Iran, North Korea, Cuba, Syria or Sudan or any other country included in the United States embargo, UN sanctions, HM Treasury's financial sanctions regime (the “Restricted Territories”) or You intend to distribute or provide the acquired Digital Assets or the Services to the Restricted Territories; or

You are on prescribed Sanctions lists. We will, therefore, screen against United Nations, European Union, UK Treasury and US Office of Foreign Assets Control (OFAC) sanctions lists in all jurisdictions in which we operate.

Applicable Taxes. You are exclusively responsible to inquire with respect to the taxes applicable to Your Transactions on the Site. The Company is not and will at no event be deemed as providing any tax advice or consultation. It is Your responsibility to report and remit the taxes payable to the appropriate tax authorities.

11. Suspension, Termination and Cancellation

You acknowledge that, at any time, the Company, subject to its sole discretion, will be entitled to terminate Your access to the Site and to Your Account, including without limitation, Company’s rights to: (a) refuse processing, to cancel or to reverse any Transaction of Digital Assets, regardless if corresponding funds have been debited from Your payment method; or (b) suspend, restrict, or terminate Your Account; or (c) prohibit access to the Site and its content, tools, delay or remove hosted content and take technical and legal measures to keep users off the Site due to any reason subject to Company’s sole discretion, including without limitation as a result of: (i) Violation of these Terms of Use, including without limitations, failure to pay for any Transaction; or (ii) Attempts to gain unauthorized access to the Site or another Member’s account or providing assistance to others’ attempting to do so; or (iii) Company has reasonable suspicion that a Transaction involves illegal activity, including without limitations, money laundering, terrorist financing, fraud, or any other crime; or (iv) Company reasonably suspects that Your Account or any Transaction is related to prohibited use or is non-compliant with any applicable laws or regulations; or (v) The Company is requested to do so by a court order, law enforcement or other government or regulatory order or if Your Account is subject to litigation or investigation; or (vi) subject to Company’s discretion, You abuse the Services provided by the Company, including by opening multiple accounts and/or taking advantages of promotions in bad faith; or (vii) Any of Company’s third party providers denies providing You the Services; or (viii) if Company believes such Users are creating problems or possible legal liabilities; or (ix) force majeure events, including operational and technical errors.

The abovementioned notwithstanding, the Company may, subject to its sole discretion terminate the Services or refuse to open any user an account or terminate any use by You of the Site.

Upon any suspension, termination or cancellation of a Transaction, the Company is under no obligation to allow You to reinstate such Transaction and may not provide You the same price or same terms as any canceled Transaction.

In the event Your Account is terminated by the Company, the Company may provide You with notice of termination. In addition, You acknowledge that the Company is not obligated to disclose any findings and information acquired by Company’s security and risk management procedures.

Termination by You. You may terminate Your Account at any time by submitting Your request to terminate Your Account at [email protected] No termination fee shall apply, except that You will be responsible for fulfilling any outstanding payment obligations to the Company existing as of the effective date of termination and to settle any pending Transactions. The Company reserves the right to suspend any pending transactions at the time of cancellation.

Company retains information for as long as we have a business or tax need or as required under applicable laws, regulations and/or government orders from time to time. Following termination of the Account, the company endeavors to erase and discard of Your data subject to the limitations and requirements under the applicable laws and regulations.

12. Limitations of Liability; Release; Indemnifications

THE SERVICES ARE PROVIDED ON "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO THE SITE, THE SERVICES, OR ANY PART OR MATERIALS MADE AVAILABLE THEREIN, WILL BE ERROR FREE, CONTINUOUS, UNINTERRUPTED OR ACCURATE.

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE TO YOU OR ANYONE ON YOUR BEHALF, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATIONS, LOSS OF REVENUES OR DATA, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE COMPANY SITE OR SERVICES OR THESE TERMS OF USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Company specifically makes no warranties, representations or guarantees regarding the time required to complete processing any request provided by You, including bank accounts or checks, which are dependent upon many factors outside of Company’s span of control. Without derogating from the aforementioned, the Company makes efforts to process Your requests in a timely manner.

Release. Any disputes between You and any other user of the Site shall be exclusively resolved between You and such user, and You release the Company, its affiliates and service providers, and each of their respective officers, directors, agents, joint ventures, employees and representatives from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.

Indemnifications. You agree to defend, indemnify and hold Company, its affiliates, employees, directors, representatives and Service Providers, and each of its or their respective officers, directors, agents, joint ventures, employees and representatives, harmless from any claim or demand (including attorneys' fees, damages, costs, fines, fees or penalties suffered by the Company, arising out of or related to (i) Breach by You of the Terms of Use; or (ii) Your use of the Site or Services; or (iii) any violation by You of any law, rule, regulation, or the rights of any third party.

13. Modification and Termination of Services

Company may suspend or terminate, with immediate effect, the operation of the Site or the provision of any part of the Services offered therein should such become illegal or subject to demand by any competent authority or is under any risk or exposure to any claims should it fail to do so, all subject to Company’s sole discretion and You will have no complaints or demands with that respect.

In addition, although in principle the duration of this Site is undetermined, Company reserves the right to modify, suspend or terminate the provision of any Service or content, in whole or in part, at any time and without notice to users.

Company may also change the Terms of Use of the Site or the Services offered at any time, including but not limited to:

Change the prices without prior notice.

Deny sale to clients accessing the services using anonymity tools, IP hiding and all those that hide identification and/or origin or fail to provide any documentations.

Deny selling to customers who do not demonstrate minimum trust requirements, including without limitations, trust based in implementing algorithms on the data provided by the customers.

Close the sale temporarily or permanently without notice.

Your continual use of the Services following any amendment to the Terms of Use constitutes Your acceptance of such amendments.

14. Availability

All Services are provided without warranty of any kind, either express or implied. Company does not represent that this Site will be available at all time to meet Your needs. Company will strive to provide You with the Services as soon as practicably possible but there are no guarantees that access will not be interrupted, or that there will be no delays, failures, errors, omissions or loss of transmitted information.

Company will use commercially reasonable endeavors to ensure that the Site is accessible by You in accordance with these Terms of Use. Company may suspend use of the Site for maintenance and will make reasonable efforts to give You notice, however, You acknowledge that this may not be possible in any event of emergency.

15. External Websites

Company makes no representations whatsoever about any other websites or services which You may access through this Site. The Site may present links or other forms of reference to other websites (the “External Websites”) or resources over which Company has no control. You acknowledge that Company may present such links or references to You only as a convenience and that Company does not endorse any of the External Website services or offerings made to You or any content provided therein. Company is not responsible for the availability of, and content provided on External Websites. You are requested to review the policies posted by the External Websites regarding privacy and other topics before use. Company is not responsible for third party content accessible through the Site, including opinions, advice, statements, prices, activities, and advertisements, and You shall bear all risks associated with the use of such content. It is up to You to take precautions to ensure that whatever You select for Your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.

16. Financial Advice

For the avoidance of doubt, Company does not provide any investment advice in connection with the Services contemplated by these Terms of Use. We may provide information on the price, range, volatility of Digital Assets and events that have affected the price of Digital Assets but this is not considered investment advice and should not be construed as such. Any decision to purchase or sell Digital Assets is Your exclusive decision at Your own risk and Company will not be liable for any loss suffered.

17. Financial Regulation

Our business model, and our Service, consists of facilitating the buying of Digital Assets from the Company and selling of Digital Assets to the Company, subject to Company’s discretion, in an unregulated, international, open payment system. Despite the aforementioned, certain jurisdictions apply regulations or may apply such regulations at a later time, in which case the provision of the Services will be amended accordingly or terminated to the extent such amendments are not possible.

18. General Provisions

Entire Agreement. These Terms of Use, the Privacy Policy (made available on the Site at (http://sinegy.com/legal​), E-Sign Consent, and Appendices incorporated by reference herein comprise the entire understanding and agreements between You and Company as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between and among You and Company.

Section headings in this Agreement are for convenience only, and shall not govern the meaning or interpretation of any provision of this Agreement.

Relationship of the Parties. Both You and the Company are independent contractors, and nothing in these Terms of Use shall be deemed to create between You and the Company any other form of relationship, and the parties shall not be deemed to be partners, joint ventures or agents. You are not authorized to make any obligations on behalf of the Company.

Amendments. Company may amend or modify the Terms of Use by posting on the Company Site the revised Terms of Use, and the revised Terms of Use shall be effective at such time. If You do not agree with any such modification, Your sole and exclusive remedy is to terminate Your use of the Services and close Your Account. You agree that Company shall not be liable to You or any third party for any modification or termination of the Company Services, or suspension or termination of Your access to the Company Services, except to the extent otherwise expressly set forth herein.

Assignment. You may not assign any rights and/or licenses granted under these Terms of Use, the right to use the Account is exclusively Your personal use. Company reserves the right to assign our rights without restriction, including without limitation to any Company affiliates or subsidiaries, or to any successor in interest of any business associated with the Company Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.

Severability. If any provision of these Terms of Use shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of these Terms of Use shall not be affected.

Change of Control. In the event that Company is acquired by or merged with a third party entity, Company reserves the right, in any of these circumstances, to transfer or assign the information Company has collected from You as part of such merger, acquisition, sale, or other change of control.

Survival. All provisions of these Terms of Use which by their nature extend beyond the expiration or termination of these Terms of Use, including, without limitation, sections pertaining to suspension or termination, Company Account cancellation, debts owed to Company, general use of the Company Site, disputes with Company, and general provisions.

Governing Law. These Terms of Use will be governed by laws of the state of Malaysia. Any dispute arising with respect to these Terms of Use will be exclusively submitted to confidential arbitrations by sole arbitrator agreed upon by the parties. Should dispute remain unresolved, the matter can be brought to the Securities Commission of Malaysia.

Force Majeure. Company shall not be liable for delays, failure in performance or interruption of service which results directly or indirectly from any cause or condition beyond its reasonable control, including, but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond Company’s reasonable control and shall not affect the validity and enforceability of any remaining provisions.

English Language Controls. Notwithstanding any other provision of these Terms of Use, any translation of the Terms of Use, if provided, is provided for Your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.

Customer Feedback. If You have any questions, feedbacks or complaints, You may contact Company via Company’s customer support at [email protected] Please provide identifying information such as Your name, address, and any other information Company may need to identify You, Your Account, and the transaction on which You have feedback, questions, or complaints.