Terms of Use

EFFECTIVE DATE: 09 July, 2021

IMPORTANT: The Terms of Use is entered into between you and VCC Exchange. Please read these Terms of Use carefully before accessing, using or obtaining any materials, information, products or services provided by VCC Exchange (“Services”). By accessing the VCC Exchange website, mobile or tablet application, or any other feature or other VCC platform (collectively, “Site”), you agree that you have read, understood and accepted to be bound by these terms and conditions (“Terms”), our Privacy Policy, Risk Disclosure Statement, Fee, and other specific terms and conditions for each service provided by VCC. In these Terms, the term “VCC Exchange”, “VCC”, “we” or “us” refers to VCC Exchange and its operators and affiliates (where applicable), and the term “our” has a correlative meaning. The term “you” refers to the viewer or user of our Site, and the term “your” has a correlative meaning.

THESE TERMS INCLUDE AN ARBITRATION CLAUSE THAT REQUIRES ALL CLAIMS TO BE RESOLVED BY WAY OF LEGALLY BINDING ARBITRATION AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE LAWSUIT.

We may, from time to time and at any time, update or revise these Terms for any reason by posting a new version on our Site; these changes do not affect rights and obligations that arose prior to such changes. Such update or revision is effective upon publication on our Site. Your continued access and/or use of our Site following the posting of modified Terms will be subject to the Terms in effect at the time of your use. It will be deemed to constitute your conclusive acceptance of the updated revised Terms. Please review these Terms periodically for changes.

If you disagree with any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with our Site in any way, your only recourse is to immediately terminate use of our Site.

Headings are inserted for convenience and shall not affect the interpretation of these Terms.

INTELLECTUAL PROPERTY

Trademarks

The VCC name and logos and all related product and service names, design marks and slogans are trademarks, service marks, registered trademarks or registered service marks of VCC and may not be used in any manner without the prior written consent of VCC. All other trademarks and service marks are the property of their respective owners.

Intellectual Property

The Site provide you access to a wide variety of information, advertising, services, products, data and other materials (“Content”). Some of the Content is owned by VCC and/or its affiliates. Other portions are owned by non-VCC companies or third parties such as suppliers, vendors, and licensors.

We, along with our corporate operators and affiliates, the providers and other licensors, own all of the text, images, software, trademarks, service marks and other material contained on our Site. You will not copy or transmit any of the material except if you are doing so for your personal, non-commercial use. All copyright, trademark and other proprietary rights notices presented on our Site must appear on all copies you print. Other non-VVC product, service, or company designations on our Site belong to those respective third parties and may be mentioned in our Site for identification purposes only. You should contact the appropriate third party for more complete information regarding such designations and their registration status.

Your use and access to our Site does not grant you any license or right to use any of the marks included on our Site.

NO FINANCIAL ADVICE

Our Site provides only general information on Services. No communication or information provided to you by VCC (“Materials”) is intended or construed as VCC provides financial advice or recommendation for any investment. The availability of any Materials on, or the grant of access or use of, our Site should not be taken in any way as an inducement to trade or a solicitation for orders or entry into any legal relations, nor taken as intended in any way to prompt any action or decision on your part whether to undertake or consider undertaking any investment decision or otherwise.

ANY RECOMMENDATION OR ADVICE THAT MAY BE EXPRESSED IN OR INFERRED FROM THE MATERIALS AVAILABLE THROUGH OUR SITE THEREFORE DOES NOT, SHOULD NOT BE TAKEN AS TAKING INTO ACCOUNT, AND MAY NOT BE SUITABLE FOR, YOUR INVESTMENT OBJECTIVES, FINANCIAL SITUATION AND PARTICULAR NEEDS, AND BEARING IN MIND THE POSSIBILITY OF MARKET VOLATILITY AND CHANGES, MAY NOT EVEN COMPRISE CURRENT INFORMATION CONTENT, RECOMMENDATION OR ADVICE.

THE MATERIAL AVAILABLE THROUGH OUR SITE SHOULD THEREFORE NOT BE RELIED UPON IN RELATION TO ANY INVESTMENT DECISION, TRADING ACTIVITY OR ORDER PLACED BY YOU AND YOU SHALL, AT ALL TIMES, RELY ON YOUR OWN INDEPENDENT ASSESSMENT AND JUDGMENT IN RESPECT OF ANY INVESTMENT DECISION OR PROPOSED TRANSACTION AND SEEK INDEPENDENT ADVICE AS NECESSARY FROM YOUR OWN FINANCIAL, LEGAL, TAX, OR OTHER PROFESSIONAL ADVISERS, INCLUDING BUT NOT LIMITED TO, ADVICE FROM A FINANCIAL ADVISER AS TO THE SUITABILITY BEFORE MAKING ANY COMMITMENT TO USE OUR SERVICES.

DISCLOSURE OF RISK

The Services are complex and carry a high level of risk and are not appropriate for users who do not possess the appropriate level of knowledge and experience to deal in them. As with any asset, the values of Digital Assets (as defined below) may fluctuate significantly and there is a substantial risk of economic losses when purchasing, selling, holding or investing in Digital Assets.  BY ACCESSING OR USING OUR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE WITH THE RISK DISCLOSURE STATEMENT AT [Risk Disclosure Statement]

PRIVACY POLICY

Please view our Privacy Policy, which explain VCC’s practices relating to the collection and use of your information through or in connection with our Sites. BY ACCESSING OR USING OUR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE WITH THE PRIVACY POLICY AT [Privacy Policy]

USE OF OUR SITE

Eligible

You may only use and register to become a user of our Site if you represent that:

1. you are at least 18 or are of legal age to form a binding contract under applicable laws
2. you are fully able and competent to enter into these terms, conditions, representations and warranties set forth in the Terms
3. your use of Services will not violate any and all laws and regulations applicable to you including but not limited to regulations on anti-money laundering, anti-corruption, and counter-terrorist financing.
4. You are not “Prohibited Person” which means any person or entity that:

• is on any trade or economic sanction lists such as Specifically Designated National by OFAC, EU, UN Security Council Sanctions list, etc. or
• is located in, or a citizen or resident of any state, country, territory or other jurisdiction:
• that is embargoed by the UN and US
• where use of any cryptocurrency trading would be illegal or otherwise violate any applicable law, etc., or
• is on the list that VCC does not provide Services due to VCC’s internal policy.

If you do not have the legal capacity or you are “Prohibited Person”, you and your guardian must be responsible for all consequences resulted therefrom, and VCC shall have the right to refuse or offer to continue offering Services or permanently freeze your account and claims against you and your guardian for compensation.

Registration & Security

Registration

All users must apply for an Account before using Services. Whenever you provide us information on our Site, you agree to: (a) provide true, accurate, current and complete information and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is, or we have reasonable grounds to suspect that the information is, untrue, inaccurate, not current or incomplete, VCC may without notice suspend or terminate your access to our Site and refuse any and all current or future use of our Site (or any portion thereof).

We will request information and documents from you to better understand your needs and for our “Know Your Customer” obligations, an integral part of our effort to combat money laundering, terrorist financing and fraudulent activity, You may be asked any time to provide information about people with access to, or authority over, your accounts and/or transactions, including providing satisfactory proof of their identity and/or authority to act on your behalf.

We reserve the right NOT to open an account for any reason whatsoever and, unless required by applicable law, we are not obliged to disclose the reasons to you.

Security

If any portion of our Site requires you to register or open an account, you may also be asked to choose a password and a username. Please select a password that would not be obvious to someone trying to guess your password, and change is regularly as an added precaution.

You should not take any action, or omit to take any action, in reliance on the Site without independent verification or advice.

You are solely responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account identification. You agree to:

1. immediately notify VCC of any unauthorized use of your password or account or any other breach of security (e.g., loss, theft or unauthorized disclosure or use of your information or computer or mobile device used to access our Site).
2. Strictly abide by all mechanisms or procedures of VCC regarding security, authentication, trading, etc., and
3. Take appropriate steps to logout from VCC at the end of each visit.

Without limiting any rights which VCC may otherwise have, VCC reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Sites and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transaction on your account.

Notwithstanding the above, VCC may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall VCC be held liable to you for any liabilities or damages resulting from or arising out of

1. any action or inaction of VCC under this provision
2. any compromise of the confidentiality of your account or password and
3. any unauthorized access to your account or use of your password.

You may not use anyone else’s account at any time, without the permission of the account holder.

The security of your personally identifying information is important to us. While there is no such thing as “perfect security” on the Internet, we will take reasonable steps to help ensure the safety of your personally identifying information. However, you understand and agree that such steps do not guarantee that use of the Site is invulnerable to all security breaches, and that VCC makes no warranty, guarantee, or representation that use of any of our Site is protected from viruses, security threats or other vulnerabilities. 

You understand that VCC needs reasonable time to take action upon your request. VCC shall not be responsible for any loss or consequences caused by your failure to comply with this provision. VCC assumes no liability for any loss or consequences caused by authorized or unauthorized use of your account credentials, including but not limited to information disclosure, information release, consent or submission of various rules and agreements by clicking on the website, etc. that have occurred prior to such actions.

Geographic Restrictions

Unless expressly and specifically stated otherwise on the Site, VCC only provide this Site and Services for certain portions and people in the world. VCC makes no representation that all Services described on the Site are appropriate or available for use in locations specified by us at [Countries that VCC does not support]. Those who choose to access our Site do so on their own initiative and are responsible for compliance with local laws.  

You agree not to attempt to log on the Site or use Services from any country under sanctions by the OFAC, EY, UN, or any international organizations. Any attempt to log on to the Site or use Services from one of these countries may result in your access being restricted and/or terminated.

Acceptable Use

VCC do NOT support digital assets where its purpose relating to illegal gambling, illegal drug sales, money laundering, terrorist financing, etc. or any other illegal activity in any of the jurisdictions where we operate.

You agree to use our Site and Services in a manner consistent with all applicable laws and regulations. You may only use our Site and Services for legitimate purposes; you may not use our Site and Services to default any false, fraudulent or speculative use.

You acknowledge that during any transaction, you will be in good faith, will not disturb the normal order of online transactions and will not engage in any illegal acts related to online transactions.

Without limiting the general policy stated above, you agree not to use the Site and Services in any manner that:

1. Infringes or misappropriates VCC’s or a third party’s intellectual property, confidentiality, or other rights of any third party (e.g., remove or alter any copyright, or other proprietary notices, etc.)
2. Provide false or deceptive information.
3. Intentionally or unintentionally violate or encourage others to violate any applicable law, statute, ordinance or regulation, or engage in criminal conduct or the violation of law or the rights of any third party (e.g., publish or post threats of violence, etc.)
4. Compiles, uses, downloads or otherwise copies any user information and/or usage information (whether or not such information constitutes personally identifiable information), or that impermissibly transmits, provides or otherwise distributes such information to any third party.
5. Provides material support or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources) to any organization(s) designated as a foreign terrorist organization.
6. Decompiles, disassembles, uses reverse engineering or otherwise attempts to derive the source code for the computer systems and other technology that operate the any of the Sites or that is available through the Sites.
7. Circumvents, disables or otherwise interferes with or disrupts the Site (or the servers and networks which are connected to the Site or Services), whether via malicious software or otherwise; and/or
8. Use any device, software or routine that interferes or attempts to interfere with the normal operation of our Site or Services or take any action that imposes an unreasonable load on our computer or network equipment.

We may, at our sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict your access to any or all component(s) of our Site. Furthermore, you can always delete your account.

You will notify VCC immediately if you are aware of any unauthorized use of your account and password or any violation of the Terms.

WARRANTY DISCLAIMER

VCC AND ITS PARTNERS PROVIDE THE SITES AND SERVICES “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND SERVICES IS WITH YOU. WE HEREBY DISCLAIM ALL LIABILITY AND RESPONSIBILITY TO UPDATE THE SITES AND PROVIDE THE SERVICES. WE DO NOT MAKE ANY REPRESENTATIONS, AND HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE TO THE EXTENT PERMITTED BY LAW, IN RESPECT OF OUR SITE OR SERVICE, INCLUDING, BUT NOT LIMITED, GUARANTEES, REPRESENTATIONS AND WARRANTIES REGARDING TRUTH, ADEQUACY, ORIGINALITY, ACCURACY, TIMELINESS, COMPLETENESS, REASONABLENESS, NON-INFRINGEMENT, SUITABILITY, SATSIFACTORY QUALITY, FREE FROM ERROR OR OMISSION, RELIABILITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY REPRESENTATIONS OR WARRANTIES ARISING FROM USAGE, CUSTOMER OR TRADE OR BY OPERATION OF LAW, OR ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANC OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

Due to the inherent of electronic operation, there may be errors, delays, omissions, interruption, breach of security, corruption, unavailability of access in connection with or inaccuracies in our Sites (“Defects”). We do not guarantee, represent or warrant that access and use of our Site will be uninterrupted. We do not guarantee, represent or warrant that access and use of our Site will be uninterrupted. We assume no responsibility for consequences of any such Defects even if either of us had been advised as to the possibility.

We do not guarantee, represent or warrant that our Site is free of malicious software, including, but not limited to, viruses, computer worms, Trojan horses, spyware or other harmful components (“Malicious Software”). We accept no liability for any loss, damage, claim liability, expense or costs that may result from any transmission of such Malicious Software via our Site (including, but not limited to, files downloaded from our Site).

Your use of the Site and/or Services is solely at your own risk. VCC shall not be responsible or liable for the quality, security or legality of the digital assets involved in any transaction, truthfulness or accuracy of the transaction information, or capacity of the parties to any transactions to perform its obligations under transaction documents.

OUR LIABILITY IS LIMITED

You acknowledge and agree that VCC is not responsible for invalid destinations or transmissions errors.

In no event will we (together with our officers, directors, employees, representatives, shareholders, affiliates, and providers) be liable for

• any indirect, special, consequential, punitive, or exemplary damages or
• any damages whatsoever

in exceed the amount of fees paid by you to VCC within previous three (3) continuous months (including, without limitation, those resulting from lost profits, lost revenues, loss of goodwill, loss of use or other intangible losses), arising out of or in connection with our Site or Services (including, without limitation, use, inability to use, or the results of use of the Site or Services), whether such damages are based on warranty, contract, tort, statute, or any other legal theory and even if any VCC party has been advised (or should have known) of the possibility of such damages.

IN NO EVENT SHALL THE LIABILITY OF VCC, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OR IN CONNECTION WITH THESE TERMS, BREACH OF THESE TERMS, ANY REJECTION OF A LISTING APPLICATION, A LISTED DIGITAL ASSETS (INCLUDING ANY LISTING, DE-LISTING, AND TRADING OR INABILITY TO TRADE ANY LISTED DIGITAL ASSETS), THE VCC EXCHANGE (INCLUDING ANY INABILITY TO USE THE VCC EXCHANGE) OR ANY OTHER GOODS, SERVICES OR OTHE RITEMS PROVIDED UNDER OR IN CONNECTION WITH ANY OF THE FOREGOING, WHETHER UNDER CONTRACT, STATUTE, STRICT LIBILITY OR OTHER THEORY (INCLUDING, FOR THE AVOIDANCE OF DOUBT, ANY NEGLIGENCE OF VCC EXCHANGE) EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO VCC EXCHANGE UNDER THESE TERMS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.

INDEMNIFICATION

You agree to indemnify and hold harmless VCC, its affiliates and respective shareholders, 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

1. your access or use of, or conduct in connection with, VCC Sites and Services
2. your breach or our enforcement of the Terms
3. your violation of any applicable law, regulation, or rights of any third party during your use of our Site and/or Services.

These indemnity obligations will survive termination of your relationship with VCC or your ceasing to use the Site or Services. VCC reserves the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with VCC in asserting any available defenses.

VIOLATIONS OF THESE TERMS

If the use of the Site or Services by you or anyone using your account, in VCC’s sole discretion, violates these Terms or any other VCC agreement or policy, is objectionable or unlawful, or interferes with, disrupts or degrades the functioning or use of the Services or other users then, without limiting any other right or remedy VCC may have, VCC may suspend, deny or restrict your access to any Site or Services (and to take any other action VCC deems appropriate to protect VCC and our users).

VCC may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) VCC’s rights or property, or the rights or property of visitors to or users of the Site, including VCC’s users.

We reserve the right, in our absolute discretion, to monitor any and all access and use of our Site and Services. We reserve our right to terminate your access and/or use of our Site and/or Service or any part thereof and we may block access from a particular internet protocol address to our Site or Service or any part thereof in the event of any violation of these Terms. In addition, we reserve the right to seek all remedies available under the Terms, at law and in equity for violation of these Terms.

SUSPENSION, CANCELLATION AND TERMINATION

You agree that VCC shall have the right to immediately terminate or suspend your account, any associated email address, and access to all or any part of the Sites or change your password or freeze or lock the digital assets in such account without notice. Cause for such termination, suspension or change shall include, but not limited to,

1. Breach or violations of these Terms or other incorporated agreements or guidelines
2. Requests by lawful enforcement or other government agencies
3. We detect unusual activities in the account
4. We detect unauthorized access to the account
5. We are required to do so by a court order or command by a regulatory/government authority
6. A request by you (self-initiated account deletions)
7. Unexpected technical or security issues or problems
8. Providing false, inaccurate, dated, or unverifiable information, including identification or credit information
9. If we believe the action protect our interest, any users’ interest, or our network, and/or
10. Engagement by you in fraudulent or illegal activities or interfering with our operations.

You agree that VCC shall not be liable to you for any permanent or temporary modification of your account, suspension or termination of your access to all or any portion of Services. VCC shall reserve the right to keep and use of the transaction data or other information related to such account in at least 5 years.

You will have 14 days to withdraw all digital assets from your account after deducting all outstanding charges payable to VCC except for any case of violation of law, regulations or under government requirement.

GOVERNING LAW, ARBITRATION AND WAIVER

These Terms shall be governed and construed in accordance with the laws of Saint Vincent and the Grenadines.

You agree that by accepting the Terms, you waive the right to trial by jury and the ability to participate in a class action.

ANY AND ALL DISPUTES YOU HAS RELATING IN ANY WAY TO THE SERVICES WILL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN SINGAPORE.

If you have a dispute or complaint with VCC, you must first send to us, by certified mail, a written Notice of Complaint (“Notice”). (Please note that the submission of a claim to VCC is re  quired condition to commence an arbitration proceeding). The Notice to VCC must be sent to [Send a request]. The Notice shall describe the nature and basis of the claim or disputes and the specific relief sought. VCC will attempt to resolve your claim internally within five (05) days. The parties agree to negotiate in good faith to resolve the claim (which discussions shall remain confidential).

If you and VCC cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received, either party may commence arbitration. All arbitrations required by these Terms will conducted under the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”). The governing law shall be the substantive law of Singapore. The language of the arbitration shall be English. Unless otherwise agreed by both parties, there shall be only one arbitrator appointed in accordance with the SIAC Rules. You and VCC further agree that the arbitration decision shall be final.

You and VCC agree that any claims relating to these Terms or to your relationship with VCC as a user of Sites or Services (whether based on contract, tort, statute, fraud, misrepresentations, or any other legal theory, and whether the claims arise during or after the termination of these Terms) shall be brought against the other party in an arbitration or an individual basis only and not a plaintiff or class member in a purported class or representative action. You and VCC further agree to waive any right for such claims to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action, to the extent permissible by applicable law.  Combining or consolidating individual arbitrations into a single arbitration is not permitted without the consent of all parties, including VCC.

You must file any claim or suit related to our Site or Services within one year after it arises. After this period, there shall be no right to any remedy for any claim not asserted within that time period.

COMPLIANCE WITH LAWS

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Services. VCC reserves the right to investigate complaints or reported violations of our Terms and to take any actions we deemed appropriate.

The access or use of the Site and any of the Services is void where such access or use is prohibited by, would constitute a violation of, or would be subject to penalties under applicable laws, and shall ne be the basis for the assertion or recognition of any interest, right, remedy, power, or privilege.

MISCELLANEOUS

In the event VCC is unable to perform its obligation because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, VCC shall not be liable for damages to the other party for any damages resulting from such failure to perform or otherwise from such causes.

VCC’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.

VCC may assign its rights and duties under this Agreement to any party at any time without notice to you. Your rights and duties under these Terms are not assignable by you without written consent of VCC.

These Terms do not provide any third party with a remedy, claim, or right of reimbursement.

The Site, Services and these Terms are also available and reproduce in many different languages. In the event of any discrepancy between the languages and English versions of the Site, Services and these Terms, the English version will prevail.