TERMS OF SERVICE
- Agreement Conditions
TulipEx reserves the right to modify Terms of Service at any time or occasion as deemed necessary by its proprietors. TulipEx will duly update all its users and clients for any change/s that will officially be made through its newsletters, announcements, and updates via its Social Media pages. Any modifications made to the TulipEx Terms of Service will be effective immediately upon notification to all its users on the official website www.tulipex.com or via their official Social Media pages. As such, the continued use of TulipEx services signifies the user’s acceptance of the new and amended Terms of Service. Upon disagreement of the Terms of Service, immediate cease of usage should be implemented by the user. We will be sending updates via www.tulipex.com and TulipEx social media pages regularly.
Register and become a TulipEx user! (As defined in Section 5 below) You must be:
- An individual of at least 18 years of age, authorized to form a binding contract under all applicable global laws
- An individual representing an organization with full authorization to enter into these Terms of Agreement
- An individual or group who has not been previously suspended or removed from using TulipEx services
- An individual who does not currently have an existing TulipEx account
- An organization/corporation/group as represented by an employee or agent, and supported with the necessary authorization/documentation
- Prohibition of Use
By accessing and using the Services, you represent and warrant that you are not on any trade or economic sanctions lists, such as the UN Security Council Sanctions List, a “Specially Designated National” by the OFAC (Office of Foreign Assets Control of the U.S. Treasury Department), or placed on the U.S. Commerce Department ”Denied Person List.” TulipEx cannot provide services to any person who is a resident of the United States of America and Mainland China. TulipEx maintains the right to select its markets and jurisdictions to operate and may restrict or deny the Services in certain countries at its discretion.
- Description of services
TulipEx is an online digital asset trading platform (crypto to crypto) for products commonly known as cryptographic tokens, digital tokens, cryptographic or digital currency. TulipEx is DeFi or Decentralized Finance and does not render mandated trading capabilities as part of its services. TulipEx functions as a trading platform provider and not as a buyer or seller in trades made between traders.
TulipEx is not a market maker or liquidity provider. Users must register and open a TulipEx account (as further specified in Section 5 below) and deposit digital assets before trading. Traders may request the withdrawal of their digital assets, subject to the limitations stated in these Terms of Service.
TulipEx strives to maintain the accuracy of information posted on the Terms of Service. However, it can not guarantee the accuracy, suitability, reliability, completeness, performance, or suitability for any purpose of the content made available through TulipEx. Therefore, TulipEx will not be held liable for any loss or damage that may arise directly or indirectly from the use of such content. Information on TulipEx Services can be subjected to change without prior notice and is provided for the primary purpose of facilitating users to arrive at independent decisions. TulipEx does not provide investment or advisory advice and will have no liability for using or interpreting information as stated on the Services or other communication mediums. All users of the Services must understand the risks involved in trading in Digital Currencies. TulipEx encourages all users to exercise prudence and trade responsibly within their means.
- TulipEx Account Registration & Requirements
To be able to use the Service and get a TulipEx account, one must register at www.tulipex.com.
To register for an Account, you must provide the following information:
- Real name
- Email address & password
TulipEx, may, in its sole discretion, refuse to open an account for any interested user. One must agree to provide complete and accurate information when opening an account. This information should regularly be updated by the user so that all data is complete and accurate at all times. Each user registration is valid for one (1) active account either for an Individual, a Group, a Business/Legal entity.
- User Identity Verification
The identity verification information we request may include, but is not limited to, your: Name, Email Address, Contact Information, Telephone Number, Username, Government Issued ID, Date of Birth, and other information collected at the time of account registration. In providing this required information, you confirm that it is accurate and authentic. Post-registration, you must guarantee that the data is truthful, complete, and updated promptly with any changes. Suppose there is any reasonable doubt that any information is wrong, untruthful, outdated, or incomplete, TulipEx shall have the right to send you a notice to demand corrections, remove relevant information directly and terminate all or part of the Services to you. Suppose we will not be able to reach you with the contact information that you have provided. In that case, you shall be solely and entirely responsible for any loss or expense incurred during the use of TulipEx Services. You acknowledge and agree that you should keep all information provided up to date if there are any changes.
SIGNING UP FOR AN ACCOUNT MEANS AUTHORIZING TULIPEX TO MAKE INQUIRIES, WHETHER DIRECTLY OR THROUGH THIRD PARTIES, TO VERIFY YOUR IDENTITY AND PROTECT YOU AND TULIPEX AGAINST FRAUD AND OTHER FINANCIAL CRIMES.
YOU ALSO ACKNOWLEDGE AND AGREE THAT TULIPEX WILL USE THE PERSONAL INFORMATION YOU HAVE DISCLOSED FOR CREDIT REFERENCE AND FRAUD PREVENTION. TULIPEX WILL SUBMIT THE INFORMATION TO FINANCIAL CRIME AGENCIES, WHICH WILL RESPOND TO OUR INQUIRIES IN FULL.
- Account Usage Requirements
Accounts can only be used by the person whose name they are registered under. TulipEx reserves the right to suspend, freeze or cancel accounts used by persons other than the persons whose names they are registered under. Immediately notify TulipEx if you suspect or become aware of unauthorized use of your account user name and password. TulipEx will not be liable for any loss or damage arising from any use of your Account by you or by any third party (whether authorized by you).
- Account Security
TulipEx strives to maintain the safety of those user funds entrusted to us and has implemented industry-standard protections for the Services. However, some risks are created by individual user actions. You agree to consider your access credentials such as user name and password as confidential information and not disclose such information to any third party. You also agree that you alone are responsible for taking necessary safety precautions to protect your Account and personal information.
You shall be solely responsible for the safekeeping of your TulipEx account and password on your own. You shall be responsible for all activities under your Account. TulipEx will not be liable for any loss or consequences of authorized or unauthorized use of your Account credentials, including but not limited to information disclosure, information posting, consent to, or submission of various rules and agreements by clicking on the renewal of the contract online, etc.
By creating an account, you agree that:
(I) you will notify TulipEx immediately if you are aware of any unauthorized use of your TulipEx account and password by any person or any other violations of the security rules;
(ii) you will strictly observe the security, authentication, dealing, charging, withdrawal mechanism or procedures of the website/service; and
(iii) you will log out from the website by taking proper steps at the end of every visit.
- Guidelines for Usage of the Services
Subject to your continued compliance with the express terms and conditions of these Terms, TulipEx provides you a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sublicensable license to access and use the Services on your computer or another internet compatible device for your personal, internal use only. You are not permitted to use the Services for any resale or commercial use, including placing trades on behalf of another person or entity. All such use is expressly prohibited and shall constitute a material violation of these Terms. The content layout, formatting, and features of and access privileges for the Services shall be as specified by TulipEx at its sole discretion. All rights not expressly granted under these Terms are at this moment reserved. Accordingly, you are prohibited from using the Services in any manner that is not explicitly and unambiguously authorized by these Terms.
These Terms provide only a limited license to access and use the Services. Accordingly, you agree that TulipEx transfers no ownership or intellectual property interest or title in and to the Services or any TulipEx intellectual property to you or anyone else in connection with your use of the Services. All creative content, branding, and digital interfaces and codes contained on or available through the Services are exclusively owned, controlled, and licensed by TulipEx, its members, parent(s), licensors, or affiliates.
TulipEx owns any feedback, suggestions, ideas, or other information and materials regarding TulipEx and the services that it provides, whether by email, through the Services, or otherwise (“Feedback”). You are assigning to TulipEx all rights, titles, and interests to Feedback together with all associated intellectual property rights. You will not be entitled to, and with this, waive any claim for acknowledgment or compensation based on any Feedback or any modifications made based on any Feedback.
When you use the Services, you agree and covenant to observe the following:
- All the activities you carry out during the use of the Services will follow the requirements of applicable laws, regulations, and the various guidelines of TulipEx.
- Your use of the Services will not violate public interests, public ethics, or other legitimate interests, including any action that would interfere with, disrupt, negatively affect, or inhibit other Users from using the Services.
- You agree not to use the services for engaging in market manipulation (such as pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing or layering regardless of whether prohibited by law);
- The following commercial uses of TulipEx data is forbidden unless written consent from TulipEx is granted:
- Exchange services that use quotes or order book information from TulipEx.
- Data feed or data stream services that make use of any market data from TulipEx.
- Any other websites/apps/services that charge for, or otherwise commercially monetize (including through advertising or referral fees), market data obtained from TulipEx.
- TulipEx proprietary notices or labels, licenses, sub-licenses may not be modified, reproduced, duplicated, copied, downloaded, stored, transmitted, disseminated, transferred, disassembled, broadcasted, published, removed, or altered. Neither can they be sold, mirrored, framed, rented, leased, private label, grant a security interest in, create derivative works of, or otherwise exploit the Properties, or any portion of the Properties without TulipEx’s prior written consent.
- You may not (I) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Properties or in any way reproduce or circumvent the navigational structure or presentation of the Services to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Services, (ii) attempt to gain unauthorized access to any portion or feature of the Properties or any other systems or networks connected to the Services or to any TulipEx server or to any of the services offered on or through the Services, by hacking, password “mining,” or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the Services or any network connected to the Properties, nor breach the security or authentication measures on the Services or any network connected to the Services, (iv) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Services, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or TulipEx’s systems or networks or any systems or networks connected to the Services, (v) use any device, software, or routine to interfere with the proper working of the Services or any transaction conducted on the Services, or with any other person’s use of the Services, (vi) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to the Services, or (vii) use the Services in an unlawful manner.
By accessing the Service, you agree that TulipEx shall have the right to investigate any violation of these Terms, 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. Examples of such activities include, but are not limited to:
- block and close order requests
- freezing your account
- reporting the incident to authorities
- publishing the alleged violations and actions that have been taken
- deleting any information you published that is in violation
- Orders and Service Fees
Upon placing an instruction to effect a trade using the Services (an “Order”), TulipEx will update your Account to reflect the open Order Activities. TulipEx will include your Order in the book and will match these Orders with other Users. Once a portion of your Order is cleared to be User, Services will execute an exchange or “Trade.” When conducting a “Trade,” TulipEx will update your Account reflecting that the Order has either been closed due to execution or updated. It will reflect any partial fulfillment of the Order. The Orders will remain open until fully executed or canceled under subsection (b) below. For purposes of effectuating a Trade, you authorize TulipEx to take temporary control of the Digital Currency that you are disposing of in the Trade.
You may only cancel an order initiated via the Services if such cancellation occurs before your Order has been matched with an Order from another user. Once your Order has been compared with an Order from another user, you may not change, withdraw, or cancel your authorization for TulipEx to complete such an Order. If an order has been partially matched, you may cancel the unmatched portion unless and until the odd part has been checked. TulipEx reserves the right to refuse any cancellation request associated with an Order after you have submitted such Order. Suppose you have an insufficient amount of Digital Currency in your Account to fulfill an Order. In that case, TulipEx may cancel the entire Order or may complete a partial Order that the Digital Currency can cover in your Account (in each case after deducting any fees payable to TulipEx in connection with the Trade as described in subsection (c) below).
You agree to pay TulipEx the fees set, which may be updated from time to time at TulipEx’s sole discretion. Any such updated fees will apply prospectively to any trades or other transactions that take place following the effective date of such updated fees. You authorize TulipEx to remove any amounts from your Account for any applicable fees owed by you under these Terms.
- Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES, THE TulipEx MATERIALS, AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF TulipEx ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TulipEx EXPRESSLY DISCLAIMS. YOU WAIVE ANY AND ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE IN TRADE. WITHOUT LIMITING THE preceding, TulipEx DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SERVICES, OR TulipEx MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TulipEx DOES NOT GUARANTEE THAT ANY ORDER WILL BE EXECUTED, ACCEPTED, RECORDED, OR REMAIN OPEN. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR UNDERSTANDING, WHETHER WRITTEN OR ORAL, CONCERNING YOUR USE AND ACCESS TO THE SERVICES. WITHOUT LIMITING THE preceding, YOU HEREBY UNDERSTAND AND AGREE THAT TulipEx WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (A) ANY INACCURACY, DEFECT, OR OMISSION OF DIGITAL CURRENCY PRICE DATA, (B) ANY ERROR OR DELAY IN THE TRANSMISSION OF SUCH DATA, (C) INTERRUPTION IN ANY SUCH DATA AND (D) ANY DAMAGES INCURRED BY ANOTHER USER’S ACTIONS, OMISSIONS OR VIOLATION OF THIS AGREEMENT.
THE DISCLAIMER OF IMPLIED WARRANTIES CONTAINED HEREIN MAY NOT APPLY IF, AND TO THE EXTENT IT IS PROHIBITED BY APPLICABLE LAW OF THE JURISDICTION IN WHICH YOU RESIDE.
- Disclaimer of Damages and Limitation of Liability
TulipEx, 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.
DAMAGES & LIMITATIONS REFER TO DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS, OR OTHER BUSINESS OR FINANCIAL BENEFIT ARISING OUT OF OR IN CONNECTION WITH THE SERVICES. TULIPEX WILL NOT BE HELD LIABLE FOR ANY PERFORMANCE OR NONPERFORMANCE OF THE SERVICES OR ANY OTHER PRODUCT, SERVICE, OR OTHER ITEM PROVIDED BY OR ON BEHALF OF TULIPEX AND ITS AFFILIATES. LIMITATIONS APPLY WHEN THE DAMAGES MAY HAVE BEEN UNDER CONTRACT, STATUTE, STRICT LIABILITY, OR OTHER THEORY. EXCEPT TO THE EXTENT O A FINAL JUDICIAL DETERMINATION, LIMITATIONS WILL APPLY EVEN WHEN TULIPEX HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. MEANING THESE DAMAGES ARE THE RESULT OF TULIPEX’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT, OR INTENTIONAL VIOLATION OF LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NOTWITHSTANDING THE PRECEDING, TULIPEX, ITS AFFILIATES, AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS, OR CONTRACTORS, IN NO EVENT BE HELD LIABLE FOR DAMAGES EXCEEDING THE AMOUNT THAT YOU HAVE PAID IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT. TULIPEX, ITS AFFILIATES, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY, OR OTHER THEORY, GIVING RISE TO THE CLAIM FOR LIABILITY, MAY NOT BE HELD LIABLE IN CONNECTION WITH THE SERVICES OR ANY PERFORMANCE OR NONPERFORMANCE OF SERVICES, PRODUCTS, OR ITEMS PROVIDED BY OR ON BEHALF OF TULIPEX,
You agree to indemnify and hold harmless TulipEx, its affiliates, contractors, licensors, and their respective directors, officers, employees, and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses, and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to (I) your use of, or conduct in connection with, the Services, (ii) your breach or our enforcement of these Terms, or (iii) your violation of any applicable law, regulation, or rights of any third party during your use of the Service. Suppose you are obligated to indemnify TulipEx, its affiliates, contractors, licensors, and their respective directors, officers, employees, or agents under this clause. TulipEx has the right, sole discretion, and control of any action or proceeding whether TulipEx wishes to settle and on what terms.
Please be aware that TulipEx will list all official announcements, news, promotions, competitions, and airdrops on Announcements & FAQs at the footer of www.tulipex.com. We urge all users to refer to regularly. TulipEx will not be held liable or responsible in any manner of compensation should users incur personal losses arising from ignorance or negligence of the announcements.
- Termination of Agreement
- after TulipEx Limited terminates services to you;
- you register or register in any other person’s name as TulipEx Limited user again, directly, or indirectly;
- the information that you have provided is untruthful, inaccurate, outdated, or incomplete;
- when these Terms are amended, you expressly state and notify TulipEx of your unwillingness to accept the amended Terms;
- you request that the Services be terminated; and
- any other circumstances where TulipEx deems it should discontinue the services.
Should your Account be terminated, TulipEx will securely store the Account and transactional information for at least five years, the required for meeting data retention standard. In addition, if a transaction is unfinished during the account termination process, TulipEx shall have the right to notify your counterparty of the situation at that time. You acknowledge that a user-initiated account exit (right to erasure under GDPR or other equivalent regulations) will also be subjected to the termination protocol stated above.
If your account has allegedly been stolen or otherwise not lawfully possessed by you,
TulipEx may, but has no obligation to, place an administrative hold on the affected funds and your Account. TulipEx may declare the dispute resolved once a piece of acceptable evidence has been presented.
TulipEx will not involve itself in any such dispute in the resolution of the conflict. You agree that TulipEx will have no liability or responsibility for any such hold or for your inability to withdraw funds or execute trades during the period.
- Remaining funds after Account termination
Except as outlined in subsection (b) below, once the Account is closed/withdrawn, all remaining balance (including charges and liabilities owed to TulipEx) on the account will be payable immediately to TulipEx. Upon payment of all outstanding charges to TulipEx (if any), the User will have 14 business days to withdraw all funds from the Account.
- Remaining funds after Account termination due to fraud, violation of law, or violation of these terms
TulipEx maintains full custody of the funds and user data/information, which they may turn over to governmental authorities in the event of Account suspension/closure arising from fraud investigations, violation of law investigations, or breach of these Terms.
- No Financial Advice
TulipEx is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in connection with any trades or other decisions or activities effected by you using the Services. No communication or information provided to you by TulipEx is intended as or shall be considered or construed as investment advice, financial advice, trading advice, or any other sort of advice. All trades are automatically executed based on the Order instruction parameters posted under the Trade execution procedures you have given. Each unique user is responsible for determining the appropriateness of any investment, investment strategy, or other related transactions. These may be based on your investment objectives, financial circumstances, and risk tolerance. You should consult your legal or tax professional regarding your specific situation. TulipEx does not recommend that any Digital Currency be bought, earned, sold, or held by you. Before deciding to buy, sell or hold any Digital Currency, you should conduct your due diligence and consult your financial advisors before making any investment decision. TulipEx will not be held responsible for the decisions you make to buy, sell, or hold Digital Currency based on the information provided by TulipEx.
- Compliance with Local Laws
It is the responsibility of the User to abide by local laws concerning the legal usage of TulipEx in their local authority. The extent of their local law, users must also factor all aspects of taxation, the withholding, collection, reporting, and remittance to their appropriate tax authorities. TulipEx users understand and comply with using only legitimate sources of funds. TulipEx cooperates with law enforcement authorities globally and will not hesitate to seize, freeze, or terminate the account and funds of users flagged out or investigated by legal mandate.
- Independent Parties. TulipEx is an independent contractor and not an agent of you in the performance of these Terms of Agreement. These Terms are not to be interpreted as evidence of an association, joint venture, partnership, or franchise between the parties.
- Entire Agreement. These Terms of Agreement constitute the entire agreement between the parties regarding the use of the Services and will supersede all prior agreements between the parties, whether written or oral. TulipEx will use no trade or other regular practice or dealing between the parties to modify, interpret, supplement, or alter these terms.
- Force Majeure. TulipEx will not be held liable for any delay or failure to perform as required by these Terms because of any cause or condition beyond TulipEx’s reasonable control.
- Severability. Suppose any portion of these Terms is held invalid or unenforceable. In that case, such invalidity or enforceability will not affect the other provisions of these Terms, which will remain in full force and effect. TulipEx will give the invalid or unenforceable portion to the greatest extent possible.
- Assignment. You may not assign or transfer any right to use the Services or any of your rights or obligations without prior written consent from TulipEx, including by operation of law or in connection with any change of control. TulipEx may assign or transfer any or all of its rights or obligations, with our without your permission,
- Waiver. When a party fails to require the performance of any provision, it will not affect its right any time after that. A waiver of any breach or default of any provision of these Terms will not constitute any subsequent breach or default of the provision itself.
- Third-Party Website Disclaimer. Any links to third-party websites from the Services do not imply endorsement by TulipEx of any products, services, or information presented therein, nor does TulipEx guarantee the accuracy of the information contained on them. In addition, since TulipEx has no control over the Terms of Service or privacy practices of third-party websites, you should read and understand those policies carefully.
- Contact Information. For more information on TulipEx, you can refer to the company and license information found on the website.