TERMS OF SERVICE
Your use of the TrigonX Trading Site is governed by the version of the Terms of Service in effect on the date of use. TrigonX may modify the Terms of Service at any time and without prior notice. By using and accessing the TrigonX Site, you acknowledge and agree to review the most current version of these Terms of Service prior to each such use. Your continued use of and access to the TrigonX Trading Site constitutes your acknowledgement of, and agreement to, the then current Terms of Service. Please also note that the provisions of these Terms of Service are in addition to any other agreements between you and TrigonX, including any customer or account agreements, and any other agreements that govern your use of products, services, content, tools, and information available on the TrigonX Trading Site.
TrigonX reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on the TrigonX Trading Site and/or to suspend and/or deny access to the TrigonX Trading Site for scheduled or unscheduled maintenance, upgrades, improvements or corrections. The information and materials on the TrigonX Trading Site may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and TrigonX does not undertake any obligation or responsibility to update or amend any such information. TrigonX may discontinue or change any product or service described in or offered on the TrigonX Trading Site at any time without prior notice. TrigonX further reserves the right, in its sole discretion, to block or otherwise discontinue your access and use of the TrigonX Trading Site at any time and for any reason. You agree that TrigonX and its affiliates will not be liable to you or to any third party for any such modification, suspension or discontinuance.
Some of our services, and certain pages of the TrigonX Trading Site, are available only to clients or users who have been authorized by us to access those services and web pages. Such authorization may require, among other things, satisfactory background information screening and KYC/AML screening in accordance with AUSTRAC.
Unauthorized use of the TrigonX Trading Site and/or our systems, including, but not limited to, unauthorized entry into and/or any attempted access of TrigonX’s systems and/or any restricted areas of the TrigonX Trading Site, misuse or sharing of passwords or misuse of any other information, is strictly prohibited. You may not use the TrigonX Trading Site in any manner that could damage, disable, overburden, or impair the TrigonX Trading Site or service or interfere with any other party’s use and enjoyment of the TrigonX Trading Site or service. You may not attempt to gain unauthorized access to the TrigonX Trading Site or any service, computer systems or networks connected to the TrigonX Trading Site, through hacking, password mining or any other means. You may not screen-scrape, data scrape and/or use any automated means to acquire data and/or information from our Site. You agree that you will not engage in any activities related to any TrigonX Trading Site that are contrary to these Terms of Service and/or any applicable laws or regulations. You agree to notify us immediately in the event that you learn or suspect that the security of your password may have been compromised. You further agree that you are responsible for any unauthorized use of your password that is made before you have notified us and we have had a reasonable opportunity to act on that notice. We reserve the right to suspend or cancel your password, even without receiving such notice from you, if we suspect that it is being used in an unauthorized or fraudulent manner.
Notwithstanding the above, you are responsible for monitoring your account and should promptly report any unauthorized or suspicious activity in your account to us at Tradedesk@trigonx.com
Disclaimer of Warranty and Limitation of Liability
THE INFORMATION, PRODUCTS AND SERVICES ON THE TRIGONX TRADING SITE ARE PROVIDED ON A STRICTLY “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS. TRIGONX DOES NOT PROVIDE ANY WARRANTIES (EITHER EXPRESS OR IMPLIED) WITH RESPECT TO THE INFORMATION AND/OR SERVICES PROVIDED ON THE TRIGONX TRADING SITE AND/OR YOUR USE OF THE TRIGONX TRADING SITE GENERALLY, OR FOR ANY PARTICULAR PURPOSE, AND TRIGONX EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TRIGONX WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT COULD RESULT FROM INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION OR SERVICES MADE AVAILABLE TO YOU VIA THIS WEBSITE. ALTHOUGH THE INFORMATION PROVIDED TO YOU ON THIS WEBSITE IS OBTAINED OR COMPILED FROM SOURCES WE BELIEVE TO BE RELIABLE, TRIGONX CANNOT AND DOES NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS, OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO YOU FOR ANY PARTICULAR PURPOSE. NEITHER TRIGONX, NOR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS OR EMPLOYEES, NOR ANY THIRD PARTY PROVIDERS OF CONTENT, SOFTWARE AND/OR TECHNOLOGY (COLLECTIVELY, THE “TRIGONX PARTIES”), WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSS OR DAMAGE THAT YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF ANY TRIGONX TRADING SITE, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING ANY TRIGONX TRADING SITE, THE DATA CONTAINED THEREIN OR THE PRODUCTS OR SERVICES OFFERED THEREBY AVAILABLE TO YOU, OR FROM ANY OTHER CAUSE RELATING TO YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF ANY TRIGONX TRADING SITE OR THE MATERIALS CONTAINED THEREIN, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF TRIGONX OR OF ANY VENDOR PROVIDING SOFTWARE OR SERVICES.
IN NO EVENT WILL TRIGONX OR ANY SUCH PARTIES BE LIABLE TO YOU, WHETHER IN CONTRACT OR TORT, FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND EVEN IF TRIGONX OR ANY OTHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER’S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. TRIGONX CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE TRIGONX TRADING SITE.
All right, title and interest in the TrigonX Trading Site and all content contained herein is the exclusive property of TrigonX, except as otherwise stated. Unless otherwise specified, the TrigonX Trading Site is for your personal or internal business use only. You may print, copy and download limited amounts of information and content from the TrigonX Trading Site; provided that it is solely for your personal or internal business use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any information, software, products or services obtained from the TrigonX Trading Site, except for the purposes expressly provided herein, without TrigonX’s prior written approval. If you copy or download any information or software from a TrigonX Trading Site, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information.
TrigonX, the TrigonX logo, and other TrigonX trademarks and service marks referenced herein are trademarks and service marks of TrigonX. The names of other companies and third-party products or services mentioned herein may be the trademarks or service marks of their respective owners. You are prohibited from using any marks for any purpose including, but not limited to use as metatags on other pages or sites on the Internet without the written permission of TrigonX or the applicable third party rights holder.
User Submitted Information
As a user of the TrigonX Trading Site, you may be permitted to post certain user submitted content on various portions of the TrigonX Trading Site. For the purposes of this Agreement, all content, information and materials posted, uploaded, submitted, published or otherwise displayed through a TrigonX Trading Site shall be referred to as “User Submitted Content”. You are solely responsible for all User Submitted Content that you post, upload, submit, publish or otherwise display through a TrigonX Trading Site. You expressly acknowledge and agree that all User Submitted Content will:
• Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
• Not contain any content that is inaccurate, harassing, libelous, abusive, obscene, discriminatory or otherwise objectionable;
• Not promote or solicit the purchase or sale of any product, security, financial asset or investment unless such communication is expressly permissible under the Securities Act of 1933 and all other applicable laws and regulations;
• Not contain any software viruses, worms or other programs that may interfere with the functionality of the TrigonX Trading Site or with any user of the TrigonX Trading Site;
• Not infringe any intellectual property or other proprietary rights of any party;
• Not contain any information that you do not have a right to upload under any law or under contractual or fiduciary relationships;
• Not pose or create a privacy or security risk to any person;
• Not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Further or promote any criminal activity or enterprise or provide instructional information about illegal activities; and/or
• Contain material that, in the sole judgment of TrigonX, is objectionable or restricts or inhibits any other person from using or enjoying the TrigonX Trading Site and/or which may expose TrigonX or its users to any harm or liability of any type.
TrigonX reserves the right to investigate and take appropriate legal action against anyone who, in TrigonX sole discretion, violates the terms of this Agreement regarding User Submitted Content, including without limitation, by removing the offending User Submitted Content from the TrigonX Trading Site, suspending or terminating the account of such violators and reporting you to the law enforcement authorities without notice.
Use of Links
Third Party Content
Certain portions of the TrigonX Trading Site may contain unedited or third party content, including, without limitation, User Submitted Content. All User Submitted Content and all other postings, messages, text, images, links to third-party websites or other materials published on or otherwise made available by parties other than TrigonX (such content, the “Third Party Content”) are the sole responsibility of the person(s) who originated such Third Party Content and TrigonX may not monitor and does not control such Third Party Content, although TrigonX reserves the right at all times (but will not have an obligation) to remove any Third Party Content. By using this Third Party Content, you agree to not rely on the Third Party Content and understand that you may be exposed to Third Party Content that is, without limitation, inaccurate, inappropriate, misleading, unlawful, offensive or otherwise objectionable, and that TrigonX makes no representations or warranties regarding the Third Party Content and is not responsible or liable in any manner for the Third Party Content or the conduct, whether online or offline, of any user. Your use of such Third Party Content may be subject to the terms of service or user agreement of such Third Party Content provider.
Claims of Copyright Infringement
Copyright Complaints: TrigonX respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify TrigonX in accordance with the procedure set forth below.
To be effective, the notification must be in writing and contain the following information:
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the TrigonX Trading Site, with enough detail that we may find it on the TrigonX Trading Site;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
None of the information contained in the publicly accessible portions of the TrigonX Trading Site constitutes a recommendation, solicitation or offer by TrigonX or its affiliates to buy or sell any securities, futures, options, digital currency or other financial instruments or other assets or provide any investment advice or service. The information contained in the TrigonX Trading Site has been prepared without reference to any particular user’s investment requirements or financial situation. The information and services provided on the TrigonX Trading Site are not provided to, and may not be used by, any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or regulatory or self-regulatory organization or clearing organization or where TrigonX is not authorized to provide such information or services. Some products and services described in the TrigonX Trading Sites may not be available in all jurisdictions or to all clients.
Indemnity and Release
You agree to release, indemnify and hold TrigonX harmless from any from any and all losses, damages, expenses, including reasonable Lawyers’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the TrigonX Trading Sites.
Choice of Law; Arbitration
The Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Queensland, without regard to conflicts of laws provisions. Unless otherwise agreed in writing by you and us, any dispute arising out of or relating to the Agreement, or the breach hereof, shall be finally resolved by arbitration administered by the relevant laws as applicable in Queensland, Australia. Such arbitration must be commenced within one (1) year after the claim or cause of action arises. If for any reason any provision of this Agreement, or a portion thereof, shall be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. This Agreement constitutes the entire agreement between us and you with respect to this site and it supersedes all prior or contemporaneous communications, agreements and understandings between TrigonX and you with respect to the subject matter hereof. A printed version of this Agreement shall be admissible in judicial or administrative proceedings.
Digital Currencies represent a speculative investment and involve a high degree of risk. Investors should have the financial ability, sophistication/experience and willingness to bear the risks of an investment. An investment in digital currencies may not suitable for all investors. Digital currencies are NOT considered securities and are NOT subject to the same regulatory requirements as SEC-registered securities, exchange traded funds, or similar investment vehicles. Potential investors should carefully consider the long term nature of an investment in digital currencies prior to making an investment decision. You should note carefully the following:
• Digital currency is not legal tender, is not backed by the government, and accounts and value balances are not subject to Federal Deposit Insurance Corporation or Securities Investor Protection Corporation protections;
• Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of digital currency;
• Transactions in digital currency may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable;
• Some digital currency transactions shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that the customer initiates the transaction;
• The value of digital currency may be derived from the continued willingness of market participants to exchange fiat currency for digital currency, which may result in the potential for permanent and total loss of value of a particular digital currency should the market for that digital currency disappear;
• There is no assurance that a person who accepts a digital currency as payment today will continue to do so in the future;
• The volatility and unpredictability of the price of digital currency relative to fiat currency may result in significant loss over a short period of time;
• The nature of digital currency may lead to an increased risk of fraud or cyber attack;
• The nature of digital currency means that any technological difficulties experienced by TrigonX may prevent the access or use of a counterparty’s digital currency; and
• Any bond or trust account maintained by TrigonX for the benefit of its counterparties may not be sufficient to cover all losses incurred by counterparties.