Beaxy Black Program

The Beaxy Black Program is effective from June 23, 2020 and continues until further notice. 

Beaxy Black Terms

  • To be eligible to participate in the Beaxy Black Program, you must submit an application form found Here. Beaxy will select you to be a participant in the Beaxy Black Program based on your submitted application form. 
  • Participants must meet the minimum volume requirement each 30-day round in order to qualify and remain a member of the trading group for the following round. If the requirements are not met, you will be informed that you have not met the requirements and will have 14 days to meet the requirements of the current round. If the requirements are not met after the 14 day period, you, the participant, will be removed from the Beaxy Black Program and will stop receiving any and all Beaxy Black Program benefits.
  • Rebate tiers are determined by the participant’s average daily volume (ADV) in the current round and are distributed in Bitcoin the first week of the following round. 
  • Beaxy reserves the right to introduce, amend, cancel or withdraw the entirety, or specific aspects, of the Beaxy Black Program without prior notice or cause. Beaxy reserves the right to deny any applicant from the Beaxy Black Program for any reason whatsoever.
  • Beaxy may periodically introduce additional benefits for participants in the Beaxy Black Program. Those benefits and the implementation of those benefits are at the sole discretion of Beaxy. They may be canceled at any time without prior notice and without cause.

General Terms and Conditions

  • To participate in the Beaxy Black Program, you agree to Beaxy’s general Terms and Conditions, Privacy Policy, and Cookie Policy and all of Beaxy’s policies. .
  • Beaxy has the right to cancel or withdraw the Beaxy Black Program or change any of its terms at any time without cause or notice. 
  • Must be 18 or older to open an account with Beaxy and reside in a state where such activity is legal. Void where prohibited, taxed or otherwise restricted. Certain exclusions apply. Other restrictions may apply. All management decisions are final.

 

Affiliate Program

The Affiliate Program is effective from December 1, 2020 and continues until further notice. 

Affiliate Program Terms

  • For a referral to be credited to an affiliate’s account, the affiliate must use the unique referral link found in the My Account area after passing KYC.
  • The percent commission of a referral’s trading fees that an affiliate receives is approximately 30%.
  • Affiliate commissions are distributed in the first week of the following month.
  • If an affiliate or their referral is participating in multiple promotions, promotion payouts are applied in an order determined by management and the payout input is reduced to the next level.
  • To be a qualified affiliate, you must have a verified account on Beaxy on good standing.

General Terms and Conditions

  • The Terms and Conditions, Privacy Policy, and Cookie Policy applies to all Beaxy account members and shall also apply to the Affiliate Program.
  • Beaxy has the right to cancel or withdraw the Affiliate Program or change any of its terms at any time without cause or notice. 
  • Must be 18 or older to open an account with Beaxy and reside in a state where such activity is legal. Void where prohibited, taxed or otherwise restricted. Certain exclusions apply. Other restrictions may apply. All management decisions are final. 

 

Sapphire Loyalty Program

The Sapphire Loyalty Program is effective from August 1, 2020 and continues until further notice. 

Sapphire Loyalty Program Terms

  • Participants who allocate less than 1,000,000 BXY tokens towards the Sapphire Loyalty Program, receive loyalty rewards relative to the length of term and the amount of BXY tokens allocated towards the program. 
  • Terms are in monthly blocks, so you can sign up to the Sapphire Loyalty Program for 1 month, 2 months, 3 months, all the way up to 12 months. Your term is chosen on sign-up and your annual interest rate is dictated by your membership term. You may not change the selected term before the term expires without prior written approval from Beaxy.
  • Loyalty rewards are distributed monthly. You’ll receive a percentage of the total number of BXY tokens that you initially enrolled to the program with, monthly, until the end of your term. The percentage used to calculate your monthly reward is your “Monthly Interest Rate”. 
  • Loyalty rewards are distributed in the form of BXY tokens.
  • Distributions of loyalty rewards are made automatically in the first week of the following month. 
  • The penalty for canceling your term early is 10% of the principle BXY originally enrolled in the program.
  • If a participant chooses to withdraw from the Sapphire Loyalty Program, you will receive the Monthly Interest Rate rewarded up to the date of withdrawal subject to the cancellation penalty.. 

 

Beaxy Trading Rules

These Trading Rules govern all orders made on Beaxy’s proprietary exchange platform.

  1. Trading on Beaxy

1.1 Beaxy operates a proprietary trading platform for many cryptocurrency trading pairs. All Beaxy User Accounts will list all trading pairs and order books that are available for the user.

  1. Orders

2.1 To place an order, a user must have a sufficient amount of funds in their user account to cover the amount of the order plus any fees associated with the order.

2.2 Beaxy has a wide variety of order types that users can place, including market orders, limit IOC orders (IOC and FOK), stop-loss orders, stop loss limit orders, take profit, and take profit limit orders.

2.3 When a user places an order, the user funds sufficient for the order are placed on hold while the matching engine works to fill the order.

2.4 A user may cancel an open market or stop order without penalty before the order is filled.

2.5 A regular limit order is an order to buy or sell a specific quantity of a token at a specified price. Limit orders will only fill at the specified price or better.

2.6 Limit orders can also be placed with one of the following time in force options:

  • Immediate or Cancel (IOC): This will ensure you buy or sell at a set price or better, but IOC orders are immediately executed or cancelled by the exchange. Because of this, Limit IOC orders will only appear in the Closed Orders tab. Unlike FOK orders, IOC orders allow for partial fills.
  • Fill or Kill (FOK): the order will be posted to the order book only if it would be filled completely and immediately. This is a limit order with the added condition that the entire order should be filled completely or “killed”, cancelling it immediately. Because of this, Limit FOK orders will only appear in the Closed Orders tab. These orders do not allow for partial fills.

2.7 A market order is the most basic order type.  With a market order, you can buy or sell an asset at the market price.  Market price is determined as the best available price for the asset at the time the order is placed.  This is typically used when the execution of an order is more important than the price of an order. Because of this, entering the price is optional, since it is going to get you the best possible price at the time the order is placed.

2.8 Market orders may fill at different prices than expected, depending on the size of the order and market conditions at the time. This is known as “slippage.” This usually happens in times of high market volatility or when there is not enough interest at a desired price level.

2.9 As there are many orders being placed on cryptocurrency exchanges, the price paid or received may be quite different from the last price quoted before the order was confirmed.

2.10 Market orders are executed immediately so you will likely only see these transactions appear in the Closed Orders tab.

2.11 A stop loss order is an order placed to buy or sell a currency when it reaches a certain price, known as the stop price.  When the stop price is reached, the stop loss becomes a market order and buys or sells at the current market price.

2.12 A buy–stop order is entered at a stop price above the current market price. Investors generally use a buy stop order to limit a loss or protect a profit on an asset that they have sold short.

2.13 A sell–stop order is entered at a stop price below the current market price. Investors generally use a sell–stop order to limit a loss or protect a profit on an asset that they own.

2.14 A stop loss limit order combines the features of a stop order and a limit order, but when a stop loss limit order reaches the target price, the order becomes a limit order instead of a market order.  A stop–limit order doesn’t get filled if the asset’s price never reaches the specified limit price or better.

2.15 Stop market orders can also encounter “slippage” as discussed above. Stop limit orders may not fill completely as discussed above.

2.16 A take profit order is a type of limit order that closes your trade once it reaches a certain level of profit. A market order is placed when your take profit order will yield the specified profit amount.

2.17 A take profit limit order works similarly to the Take Profit order, except that a limit order is placed instead of a market order.

Matching Engine and Order Priority

2.18 Once an order is matched, these orders are filled. An order may be matched with and filled by multiple orders at the same price.

2.19 Beaxy will settle filled orders immediately, by modifying the appropriate token balances in users’ accounts accordingly.

2.20 Beaxy charges a fee to complete an order posted to the order book. This fee is a percentage of the order total. Fees can vary as users can receive discounts based on using BXY tokens or participating in other discount opportunities.

2.21 All Beaxy users are charged the same level of fees unless using a discount method such as BXY Tokens.

  1. Market Integrity

3.1 All trades are final and irreversible unless:

  • Beaxy is required to do so by any applicable law or regulation; or
  • Some sort of bug, hack, or technical error disrupts the normal and credible flow of orders and fills;
  • We believe that certain users involved in the trade have been engaged in market manipulation or another violation of our Terms and/or these trading rules.

In these situations, Beaxy will do the most in our power to roll back trades and credit any users who were harmed by these actions. Beaxy also reserves the right to cancel open orders in any of these scenarios listed above.

3.2 All users have equal access to the Beaxy exchange platform. Beaxy does not provide priority or advantages to any specific user.

3.3 Beaxy reserves the right to take any action within its power in order to preserve fairness and integrity of its trading platform. These actions include, but are not limited to, freezing or suspending user accounts and/or funds, restricting order types, cancelling ord ers, halting of trading, or restricting user access to the exchange.

3.4 Beaxy does not use automatic trading halts based on price levels. However, if Beaxy encounters a security breach or a debilitating technical difficulty which prevents users from accessing the trading platform or the funds in their accounts, Beaxy reserves the right to take any necessary action to preserve the status quo and protect users accounts and funds, including but not limited to: disabling the ability to place orders, disabling access or use of the exchange by any user, cancelling open orders, and temporarily halting deposits and withdrawals to user accounts. These actions will only be taken in the best interest of users and will be done in Beaxy’s sole discretion.

3.5 Users may not place an order in which they would end up on both sides of the trade. Any self-executing or “wash” trading is prohibited.  If orders would result in self-execution, the user will be notified with a warning. If this situation occurs several times in the future after the user is notified, the user will be banned from the platform.

3.6 As discussed in our Terms of Use, Beaxy users are strictly prohibited from engaging in market manipulation of any kind or degree. Market manipulation is defined as a deliberate attempt to interfere with the free and fair operation of the market and create artificial appearances with respect to the price of an asset. This includes wash trading, spoofing, front-running, or fraudulent or deceptive trading tactics of any kind that may occur on Beaxy or outside our platform. 

3.7 Market data is made up of all orders in the order book, including timestamps, bid and ask prices, bid and ask sizes, and all fills and executions. Market data does not include information about which user is ascribed to an order or about open stop orders.

3.8 Beaxy prohibits all employees from using insider or proprietary information in order to make profitable trades.

  1. Downtime

4.1 In the future, Beaxy may temporarily suspend trading on the exchange platform in order to make updates, perform maintenance, or deal with technical/legal issues as discussed above. In these situations, Beaxy will do everything in our power to make transitions as smooth and effective as possible. Beaxy will always notify users on the platform, by email, and through all social media and messaging apps of any scheduled downtime.

4.2 After any downtime is completed, users will be notified again of the platform being restored. Beaxy may in its sole discretion take any actions to ensure fair and efficient restart of its markets.

Definitions

The following meanings are given for common words found throughout these Trading Rules:

  • Account means a Beaxy user account.
  • Asset means a token available on Beaxy exchange.
  • Available Balance means a users available funds minus amounts held for open orders and fees.
  • Fill means a match of two orders. Also referred to as an execution.​
  • Hold means the setting aside of user funds for an outstanding order.
  • Limit Order means an order to buy or sell a specific quantity of a token at a certain price.
  • Market Order means an order to buy or sell a specific quantity of a token at the best available price on the order book.
  • Order means a command to buy or sell a specific quantity of a token at a specific price.
  • Order Book means the order book on which orders are placed for trading.
  • Open Order means an order which has been posted but not filled, canceled or expired, or an active stop order.
  • Price-Time Priority means that earlier orders have priority over later orders.
  • Stop Order means an order to buy or sell a specific quantity of a token if and only if the price in the order book equals or surpasses the stop price.
  • Stop Price means the price utilized in a stop order.
  • Take Profit Order is a type of limit order that closes your trade once it reaches a certain level of profit.
  • Trading Pair means any tokens which may be traded for each other on Beaxy’s exchange platform.
  • User means any Beaxy customer trading on Beaxy’s exchange platform.

Cookie Policy

This Cookie Policy explains how Beaxy Exchange (“Beaxy” or “we”) uses “cookies” and when you visit and use Beaxy’s exchange platform, our website at www.beaxy.com, or other online content of ours. This is meant to explain what “cookies” are, why we use them, and what your options are regarding our use of them.

If you have any questions after reading through this material, please feel free to contact our Customer Support team.

What are “Cookies”?

A cookie is a small piece of data sent from a website and stored on your computer by your web browser. Cookies were designed to be a reliable mechanism for websites like ours to remember important information (such as items added in your online cart) or to record your browsing activity. They can also be used to remember pieces of information that you previously entered into form fields such as:

  • names
  • addresses
  • passwords

Cookies can also perform essential functions such as authentication cookies which know whether you are logged in or not, and from which account you are logged in with. This helps us determine whether to send a page containing sensitive information or to require authentication through logging in. These are called “first party cookies”. Cookies set by other parties outside of Beaxy are called “third party cookies”. These parties compile long-term information regarding your internet use. We will not authorize any third party cookies unless they are absolutely necessary for Beaxy to carry out our exchange functions through our third party service providers.

We treat information collected by cookies only to the extent it is helpful to you by way of convenience and customization of your experience with us. However, we will comply with all applicable laws and regulations regarding the privacy of IP addresses and other user information. If your confidential information is combined with this public information, we will treat it as confidential information.

How We Use Cookies

When you use Beaxy exchange, we aim to provide the best possible user experience. The cookies you provide us help inform us about our platform and how we can customize the best possible experience for you. This is done by showing us what pages and aspects of our platform are used the most and what people keep coming back to. This helps us provide the best possible experience as we continue to improve our new platform.

We also use cookies to recognize you as a user so that your experience can move quicker and more conveniently. We can also provide you with targeted information based on your preferences. We can also use cookies to prevent fraud and recognize suspicious activity that may be done on your account. These uses will benefit both you and Beaxy as we continue our relationship as a service provider.

Here are some examples of cookies we collect and how we can use them:

  • We may collect identifying information regarding your jurisdiction, language, location and time zone. This can help us customize our services to you and ensure we are not violating the law of a certain jurisdiction.  
  • We may collect information about the web pages you browse on our platform. This helps us to understand which of our pages are the most popular and which are not delivering value to our users. This helps us continue to improve the experience we provide to you. In most instances, this will not be linked to your IP Address.
  • We may collect information regarding your personal information related to your Beaxy account. This will help you continue to visit our site more easily and conveniently and provide a more streamlined experience.
How Cookies Can Help
  1. “Security” Cookies

Some cookies are helpful because they allow you to use certain aspects of our platform. These cookies are necessary for you because they allow you to enter certain secure areas and are necessary for us to ensure that you are a registered user of our platform.

  1. “Statistics” Cookies

These cookies don’t collect your confidential information but show us statistics about how you use our website and platform. They show us the most used pages, how long you spend on each page, and what pages go unnoticed. These cookies improve our services and help us give you a better experience without capturing any confidential information.

  1. “User-Preference” Cookies

These cookies help us cater our services to you and allow us to customize an experience for each user. These cookies remember your preferences (such as whether you prefer “night-mode”) and other choices you have made on our platform. They also provide convenience for login by remembering usernames and/or passwords if you so choose.

Do these Cookies Go Away?

Most cookies will only last for the current session you are logged into your Beaxy account. However, there are cookies that last until they expire or are deleted by you. Always be aware to delete any cookies you do not want persisting on your device.

Accepting or Denying Cookies

As a Beaxy user, you have the right to decide whether you want to accept our use of cookies. As stated above, these cookies are used to provide you with a better experience and in some cases allow you to use the full range of our services. However, the option is always yours as we seek to provide you with the safest and most secure experience regarding your personal information.

Updates to this Policy

It is your responsibility to check this Cookie Policy periodically, as we are a new platform and may make changes as we grow and evolve our services. You can always contact our Customer Support team for more information as we are happy to have you!

Insider Trading Policy

  1. Scope of Policy.

This Insider Trading Policy (the “Policy”) provides guidelines to all employees, contractors, and the Board of Directors of Windy Inc and the Beaxy Exchange (the “Exchange”), large holders of the BXY utility token, and members of any private channels where material non-public information about the Exchange’s direction is disclosed, with respect to trading on material non-public information and codifies the Exchange’s standards of trading on the Beaxy Exchange while in possession of non-public information or when such trading may have the possibility to manipulate the open price discovery process as conducted by open trading by non-Insiders.

Insider trading occurs when a person in possession of material non-public information obtained through involvement with the Exchange either (1) uses that information to make decisions to buy, sell, or otherwise trade digital assets listed on the Beaxy Exchange, or (2) provides that information to the general public to enable such trading.  Further, any ad-hoc trading around company news by insiders shall be considered to be in violation of this policy, as it may adversely affect the open price discovery process.

U.S. federal law, and the laws of all countries in which the Exchange has Insiders, prohibit insider trading and a violation of these laws may cause reputational and financial damage to the Exchange.  While cryptocurrencies are not explicitly prohibited from insider trading, this policy exists, in part, to apply a higher standard to Exchange’s Insiders.

  1. Definitions.

Insiders:

This Policy applies to Directors, Employees of the Exchange, Contractors, former Employees and Contractors, holders of more than one percent (1%) of the circulating supply of BXY utility token, or members of private groups where material non-public information may from time to time be disclosed, (collectively, “Insiders”). Members of the Insiders group routinely have access to material non-public information, or may be seen or assumed to have such access, and thus are restricted in their ability to take certain actions when such material non-public information may be known to an Insider or may be in circulation among Insiders.

Material Nonpublic Information:

Insider trading prohibitions are applicable only if the information that the Insider possesses is material. Information is regarded as material if its public dissemination is likely to affect the market price of the Token, or if it is otherwise information that a trader or a Token holder would want to know prior to making a decision to trade the Token. Information about the following subjects is reasonably likely to constitute material non-public information:

  • Changes in the Exchange’s business prospects;
  • Changes in the Exchange’s financial position;
  • Changes in management;
  • Proposals or plans resulting in material improvements or changes to the Exchange’s product;
  • Information about partnerships and agreements;
  • Information that isn’t normally available within the public domain.

When in doubt, Insiders should presume any and all nonpublic information to be material.

Insider Trading Prohibitions. Applies to all Insiders.

  1. Prohibited Activities.
  • No Insider may buy or sell the Token three days before a major announcement about any non-public information is made, or for three days after.  This prohibition shall apply to all Insiders, and whether or not the particular Insider was in direct possession of a specific piece of material nonpublic information.
  • No Insider who gains possession of material nonpublic information about the Exchange may communicate information to any other person, including family and friends.
  • Insiders must cap their trades of the Token to 25,000 Tokens per day. This applies to all trading pairs listed for the Token.
  • The weekly trading activity of Insiders must not move the Token’s price by more than +/- two (2) percent of current market value. This applies to all trading pairs listed for the Token.
  • No Insider in possession of material non-public information about any trading pair listed on the Exchange may trade on that information on the Exchange, whether or not such information was gained through Insider’s relationship with the Exchange.

Additionally, Exchange Directors, Employees and Contractors: 

  • Must not place trades on any newly listed asset within three days of the asset being listed.
  1. Violations of the Policy.

Penalties for violating the Policy above can be severe. Penalties may include criminal fines, civil penalties, and civil enforcement injunctions. Additionally, Covered Persons who violate this Policy may be permanently barred from trading on the Beaxy Exchange, and the Exchange reserves the right to seize the Tokens of any Covered Persons found to be in violation of this Policy. Compliance with this Policy is mandatory. Appeal of penalties for violation of this policy shall be made to Exchange management and may or may not be subject to further review, at management’s discretion.

KYC/AML Policies

Beaxy’s Know Your Customer Policy and Anti-Money Laundering (“KYC/AML”) Policy covers the following matters:

  • Verification procedures.
  • Compliance Officer.
  • Monitoring Transactions.
  1. Verification procedures

1.1. Identity verification

  • Beaxy’s identity verification procedure requires each User to provide Beaxy with reliable, independent source documents, data or information (e.g., national ID, international passport).   Beaxy reserves the right to collect User’s identification information for KYC/AML Policy purposes.
  • User acknowledges and agrees that Beaxy may confirm the authenticity of documents and information provided by the Users and Beaxy reserves the right to investigate certain Users further at any time, verify User’s identity in an on-going basis and request up-to-date documents from the Users, even if User passed identity verification in the past.
  • User’s identification information will be collected, stored, shared and protected strictly in accordance with Beaxy’s Privacy Policy and applicable law.

1.2. Card verification

  • If the User uses payment cards in connection with Beaxy’s Services, Beaxy may require the User to provide additional documentation and information in accordance with instructions available on Beaxy’s Site.
  1. Compliance Officer
  • The Compliance Officer is the person, duly authorized by Beaxy, whose duty is to ensure the effective implementation and enforcement of the KYC/AML Policy. It is the Compliance Officer’s responsibility to supervise all aspects of Beaxy’s anti-money laundering and counter-terrorist financing, including but not limited to:
    • Collecting Users’ identification information. 
    • Establishing and updating internal policies and procedures for the completion, review, submission and retention of all reports and records required under the applicable laws and regulations.
    • Monitoring transactions and investigating any significant deviations from normal activity.
    • Implementing a records management system for appropriate storage and retrieval of documents, files, forms and logs.
    • Updating risk assessment regularly.
    • Providing law enforcement with information as required under the applicable laws and regulations.
  • The Compliance Officer is entitled to interact with law enforcement, which are involved in prevention of money laundering, terrorist financing and other illegal activity.
  1. Monitoring Transactions
  • User acknowledges that Beaxy may monitor and analyze transactional patterns. Beaxy performs a variety of compliance-related tasks, including capturing data, filtering, record-keeping, investigation management, and reporting, including:
    • Regular check of Users against recognized “black lists” (e.g. OFAC), aggregating transfers by multiple data points, placing Users on watch and service denial lists, opening cases for investigation where needed, sending internal communications and filling out statutory reports, if applicable;
    • Case and document management.
  • Beaxy reserves the right to:
    • ensure that transactions of suspicious nature are reported to the proper law enforcement through the Compliance Officer;
    • request the User to provide any additional information and documents in case of suspicious transactions;
    • suspend or terminate User’s Account when Beaxy has reasonable suspicion that such User engaged in illegal activity.
  • The above list is not exhaustive and the Compliance Officer may monitor User’s transactions on a day-to-day basis for any purpose, including to determine whether such transactions are to be reported and treated as suspicious or are to be treated as bona fide.

Privacy Policy

Privacy Policy for Beaxy Exchange

This policy describes how Beaxy Exchange (“Beaxy”, “we”, or “us”) will handle all of your confidential information given to us through your use of our exchange platform. We take user privacy extremely seriously, and we only share this information with our employees or third party service providers as is absolutely necessary. Please read this Privacy Policy carefully and reach out to our Customer Support team if you have any questions.

Using Beaxy’s exchange platform signifies your acceptance of the terms of this Privacy Policy and provides Beaxy with your consent to the collection and use of your personal information as detailed herein. If you find any part of this Privacy Policy disagreeable or unacceptable to you, you should immediately discontinue your use of Beaxy.

Updates or Changes to this Privacy Policy

Beaxy reserves the right to update or modify this Privacy Policy at any time. Beaxy will provide notice of these changes by updating the Privacy Policy on the webpage at: https://beaxy.com/legal/terms-and-conditions/. It is your responsibility to periodically check this Privacy Policy for any updates.

We may also ask for feedback from you on how you would like to allow your information to be used. These situations may supplement Beaxy’s privacy practices or may provide you with additional choices about how we use your personal information.

Information Beaxy Collects

This Privacy Policy will cover all the personal data we collect from you and how we use and protect it. This includes data that you submit to us and information we collect on our own. Beaxy will not sell or provide your personal information to any third party, other than when it is absolutely necessary to provide to our third-party service providers in order to provide you with our services.

Information we collect from you is done in order to provide you with the best possible services and to comply with all applicable laws and regulations, including our Know Your Customer (“KYC”) and Anti Money Laundering (“AML”) obligations. You always have the choice whether to provide us with your personal information, but you may not be able to access all of our platform or have as customized of an experience if you choose not to share certain information.

Here are some examples of the types of personal information Beaxy may collect and how we may use this information:

  • When you register for a Beaxy account, we collect the following information to meet our legal obligations: your name, date of birth, email address, gender, and a copy of a legitimate form of identification. Beaxy uses this information in order to be able to contact you, provide you the best possible services we can, and also to comply with all applicable KYC/AML regulation. We may utilize our third-party service providers acting on our behalf to verify your identity or personal information. We may also use third-party and/or government lists in order to verify that your identity does not match up with any watch lists and/or criminal databases.
  • If we suspect any suspicious activity being done in your Beaxy account, we may request additional information and confirmation that it is in fact you who is conducting this activity. We may utilize our third-party service providers acting on our behalf to investigate this activity and ensure maximum security of your account and any funds that may be at risk.
  • Whenever you contact us or are in communication with us, we receive your contact information and any other personal information associated with this communication. Beaxy will use this information to answer your questions and/or respond to any service issues you may have.
  • If allowed by you, Beaxy may access your social media pages and the personal information stored by you at these third-party social media sites. This information will only be accessed with your authorization and will never be given or sold to any third parties.
  • Beaxy may access any content you post on various Internet sites. Information posted in these places is public information and appears through Google searches or searches on these platforms. Please don’t post anything to these sites that you do not wish to be made public information.
  • When you providing us with your email on advertising pre-registration forms, we may contact with you by using our third-party services to help you register for a Beaxy account.

How Beaxy Uses Your Information

We collect your personal information in order to provide you with security and the best possible customer experience while using our platform. The personal information you provide helps us know you as a customer which helps us create the best possible experience for you and improve our services as necessary. We also use your data to comply with regulations and create and maintain a reputation of strict compliance with any applicable laws and regulations.

Here are some examples of how we may use personal information:

  • To comply with our KYC/AML obligations;
  • To detect any suspicious activity or illegal activity that may compromise your account or our service platform;.
  • To detect and investigate any potential violations of our Terms of Use;
  • To verify your identity by analyzing your information against third-party databases;
  • To send trading updates and order information to you;
  • To access your account in order to troubleshoot problems;
  • To customize your account and use of our platform;
  • For the utmost security and to detect any viruses or attacks such as hacks, spoofing, wash trading etc.;
  • To provide you with customer support;
  • For statistics on how customers use our website and platform;
  • To communicate with you about any necessary updates or occurrences.

We will never use your personal information without your permission for any other purposes other than those detailed here. Throughout your use of Beaxy’s platform we may ask your permission to share your information with third-party service providers, which you may always refuse. However, if you do refuse, you may not have access to certain parts of our services or platform’s features.

Our Third-Party Service Providers

Beaxy is partnered with several third-party service providers that provide security, liquidity, and identity services for us. We need these service providers in order to provide the highest quality customer experience and also to comply with applicable laws and regulations. Your information may be shared with these parties only as necessary in the following instances.

Public Databases & ID Verification Partners

Beaxy shares your information with third-party service providers in order to verify your identity. These parties are required to help us verify your identity in order to comply with KYC/AML regulations. Using public databases and government records, these parties assure us that you are on no terrorist or criminal watch lists and that you have not forged your identification information. This process is necessary to comply with our legal obligations and also protects you as a customer from fraudulent users transacting on our platform. We may utilize additional information about you to ensure our platform is not used fraudulently or for any illicit or criminal activities of any kind.

Why Beaxy Shares Your Information

Beaxy will only share your information with third-party service providers or employees when it is absolutely necessary for them to perform their duties and comply with applicable laws and regulations. Beaxy will never sell your information to third parties. We will only share your information in the following circumstances:

  • With our third party service providers to verify your identify and prevent fraud. These parties will cross-check your information with public information and government databases in order to make sure we comply with regulations and you are not on any watch lists.
  • In the event of a merger or acquisition, we may share your information as part of these proceedings. In this situation, we will require any other company to regard your personal information in line with this Privacy Policy until such merger or acquisition takes place and a new Privacy Policy is put into place.
  • In the event of a court-approved or mandated sale, we may share your information with other parties to this event.
  • In the event that Beaxy receives any legal order such as a subpoena or court order, we may be obligated to share your personal information. In this scenario, we will comply with legal authorities to the best of our ability and will act in compliance with all applicable laws at all times.

How Beaxy Shares Your Information

If you use your Beaxy account to execute trades and transfer various cryptocurrencies to third parties for any reason, we or you may also provide the seller with your information in order to help complete your transaction. If an attempt to transfer cryptocurrency to a third party is cancelled or invalidated for whatever reason, we may provide the third party with details of the failed transaction. In order to facilitate a resolution, we may provide a party with the other party’s address so that assets may be returned.

In connection with a transfer or transaction between you and a third party, a third party may share information about you with us, such as your email address which we can use to communicate with about this third-party transfer or transaction. We may use this information in order to verify the parties to the transaction and to communicate with both parties until a resolution is reached.

If you allow a third-party access to your Beaxy account then any personal information you have provided us may be shared with those third parties.

How Beaxy Protects Your Information

Beaxy takes your security extremely seriously, which is why we employ the most trusted security providers and utilize the most enhanced security technology available to protect your confidential information. We protect your personal information by using all the most sophisticated safeguards in compliance with the applicable laws and regulations.

We cannot guarantee that attempts to tamper with or acquire your information will not occur. Please take responsibility for your account’s safety and security to the best of your ability. Best practices include choosing a password which is not easy to guess, storing your password and information safely, and not sharing them with anybody. Please notify us immediately if you suspect any suspicious or unauthorized activity being carried out on your Beaxy account.

Additionally, transmissions over the Internet are not guaranteed. We cannot guarantee or warrant the security of information that is sent to us or by us through an Internet or wireless connection.  This includes email or text message communications. Please take all relevant safeguards, including using protected networks and utilizing two-factor authentication whenever possible. Please notify Beaxy customer support immediately if you suspect or fear any possible breach of your information.

International Transfers of Information

Beaxy is a global platform and may store or transfer your information to a country other than your country of residence. Beaxy will comply with any and all applicable regulations, including recent GDPR regulations with regards to customer information. Beaxy will only use information in ways that are in accordance with the purposes under which the data was collected and authorized by the Beaxy user.  We will take all reasonable measures to ensure personal information we come in contact with is kept secure and is restricted to use for the reason it was collected.

Under certain circumstances, we may be required to disclose personal information in response to legal orders by relevant authorities, including to meet national security or law enforcement requirements.

Modifying/Updating Your Personal Information

Any time you would like to modify or update your personal information it can be done so in your account page on the Beaxy platform. The only time this will not be available is if your account is frozen in the case of suspected activity in violation of our Terms of Use, or if any other party’s rights will be violated.

If you close your Beaxy account, we may keep your information for a period of time in order to prevent fraudulent use of our services through another account. However, this information will never be given or sold to a third party, other than in compliance with applicable law or in accordance with this Privacy Policy and/or our Terms of Use.

Collection and Use of Other Information

Beaxy collects and uses other user information such as “cookies” that are utilized in connection with your device when you use our website and platform. This provides us with valuable information that can help us learn how users interact with our website and platform in order to provide the best possible experience for customers. It also provides us with information about the specific device you are using and web-browser information. This can help us prevent fraud and detect suspicious activity.

In addition, these “cookies” and similar technologies collect certain information about your geographic location (what country and/or city you are in) as well as IP addresses, language, preferences, and other customer relevant information. This information is used solely for efficiency, convenience, and legal compliance purposes and will never be given or sold to a third party unless it is necessary for one of our third-party service providers or required by law. We may also collect information about how your device has interacted with our website, including pages accessed and links clicked. We may use identifiers to recognize you when you arrive at the Site via an external link, such as a link appearing on a third party site.

For more information, please read our Cookie Policy thoroughly, as there is more thorough and specific information regarding these uses of your information.

Underage Users

Beaxy will never knowingly collect personal information from anyone under the age of 18. If a user submitting personal information is suspected of being younger than 18 years of age, Beaxy will investigate and freeze/terminate this user’s account until necessary documents are provided to us. Please notify us if you know of any activity being done on our platform by anyone under the age of 18.

GDPR became effective on 25 May 2018. This enables Beaxy customers who reside in the EU (“EU residents” or “data subjects”) to exercise certain rights with respect to their data.

Beaxy does not and will not sell your data to third parties. We collect personal information to provide you with our services. When we do collect data it is primarily because it is mandated by law — such as when we must comply with anti-money laundering laws — or to verify your identity and protect you from potential fraudulent activity.  

Please find a list of your data rights and data types associated with those rights below.

Request Access

You may request access to and obtain a copy of your personal data stored by Beaxy. Specifically, you may request access to the following:

  • Contact Information: Includes your full legal name, date of birth, photographs, phone number, home address, email, tax ID number, utility bills, and information from your submitted photo ID (which may include your passport number, driver’s license details, national identity card details, gender, or signature) 
  • Financial Information: Includes bank account information, payment card primary account number (PAN), or other information about your added payment methods
  • Transaction History and Trading Data: Includes information specific to the transactions you’ve entered into on the Beaxy platform
  • Job-Related Information: Includes your job title and any other provided descriptions of your employment
  • Online Behaviors: Including device data and your site interactions 
  • Activity Log: Includes logs of your click-stream data
  • Communications: Includes records of your correspondence with our Support team 
  • Survey Responses: Includes your responses to any surveys you completed for Beaxy
  • Connected Applications: Includes applications you have connected through your Beaxy account
  • Referrals: Includes information related to any referrals you have made to Beaxy

Request Export

This is essentially the same as the right to request access, except you may receive a copy of your data in machine-readable form.

Request Deletion

You may request deletion of some or all of your data. Note that if you request deletion of data we collect for legal or identity verification purposes, you may be required to close your account and withdraw funds from the Beaxy platform. In addition, data subject to regulatory retention or record keeping requirements will not be deleted until such requirements have been met.

You may delete the following data without impacting your access to Beaxy services: 

  • Marketing and Communications Data (this includes website engagement metrics and cookies)
  • Referrals
  • Survey Responses
  • Connected Applications

Requests for deletion of any of the following may result in the closure of your account:

  • Contact Information
  • Financial Information
  • Transaction History 
  • Trading Data
  • Job-Related Information

Beaxy will retain such data to the extent that processing is necessary:

  • for exercising the right of freedom of expression and information;
  • for compliance with a legal obligation which requires processing by Union or Member State law to which Beaxy is subject or for the performance of a task carried out in the public interest;
  • for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3);
  • for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing;
  • for the establishment, exercise or defense of legal claims.

Request Correction

You may request to correct, modify, or complete your data. If you request correction or modification of data we collect for legal or identity verification purposes, your ability to access Beaxy services may be limited while we verify the new information. 

The following data is modifiable directly through your account settings:

  • Nickname
  • Date of birth
  • Phone number
  • Home address
  • Email address 
  • Bank account information
  • Payment card PAN

The following data may be modified by you uploading a new photo ID:

  • Full legal name
  • Nationality
  • Gender
  • Signature
  • Passport number
  • Driver’s license number
  • The following additional information may be modified by Beaxy at your request:
  • Utility bills
  • Tax ID
  • Job title
  • Employment description
  • Survey responses

The following data is not modifiable:

  • Transaction history
  • Trading data
  • Cookies
  • Recordings
  • Click-stream data
  • Referrals
  • Any letters or attachments sent by you to Beaxy
  • Support call recordings

Please note that if you submit a request to modify data that may be modified by you in your account settings, your request will not be processed. 

Request Restriction of Processing

You have the right to restrict or object to us processing your personal information where one of the following applies:

  1. You contest the accuracy of our data and wish to have it corrected
  2. You believe the processing of your data is unlawful but wish for us to hold the data instead of erasing it
  3. You require the data for a legal claim
  4. You object to our legal basis for the collection of your data

For scenario 1, we will direct you to modify the data you believe is inaccurate. For all other scenarios, your request will be submitted to a specialist for review. 

If you have any questions or if you would like a copy of this information sent to you, please email our Customer Support team at Beaxy Customer Support.

 

Trender Terms and Conditions

BEAXY CUSTOMER AGREEMENT FOR THIRD-PARTY INDICTATOR PROGRAM

Version 1.

Last updated: April 6, 2020

Please read this document carefully. It details the services which we will provide, and it sets out the obligations and rights applying between you and Windy City Inc. (“Beaxy,” “us” or “we”). If there is anything in this document that you do not understand or with which you do not agree, do not use our Services (as defined below). This customer agreement as amended from time to time (the “Agreement”) are made between you and Beaxy.

These are the entire terms and conditions that apply to the use of this website, our applications and any services provided in relation thereto, including, but not limited to, the use of our Digital Asset Trading Services (as defined below), Third Party Indices services (as defined below), data collection and storage practices (as fully described in our Privacy Policy available at https://beaxy.com/legal/terms-and-conditions/) downloadable material from our website, financial information published on our website and applications (either by us or by any affiliated party), electronic content, real time information about the exchange rate or price, as applicable, of any Digital Assets that is available for sale or storage through the Services and tools, including the Beaxy Digital Assets Trading Platform (“Beaxy Platform”), for executing transactions in the Digital Assets exchange market and the other markets available on our website and applications on the internet, by telephone or fax and any other features, content or services that we may add in the future (collectively, the “Services”). As part of our Services, you have the ability to interact with, follow, view, and execute strategies and trades by using third party indices trading features made available on our websites or the Beaxy Platform. Such third-party indices trading features include but are not limited to our community, third-party traders, portfolios and strategies, Third-Party Indices (as defined below), rankings, “featured users” and any advanced search options, etc. (collectively, “Third-Party Indices Features”).

By accepting this Agreement electronically (for example, by clicking “I Agree”), accessing or using the Services, or registering for an account with us (an “Account”), you are accepting and agreeing to this Agreement and the policies and guidelines referenced in this Agreement. If there is anything in the Terms that you do not understand or with which you do not agree, then you may not use the Services. Please feel free to contact our customer support team at https://beaxy.com/help/support/ if you have any questions.

We will notify you of amendments or modifications to this Agreement by posting the revised terms on our website and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you a notification). Unless we say otherwise, the updated Terms will be effective immediately, and your continued use of any Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended terms, you must stop using our Services.

We will notify you of amendments or modifications to this Agreement by posting the revised terms on our website and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you a notification). Unless we say otherwise, the updated Terms will be effective immediately, and your continued use of any Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended terms, you must stop using our Services.

We may restrict or limit the Services to any jurisdiction as we see fit or necessary. We will advise of any such restrictions on our website as they occur. You acknowledge and agree that your access to or use of the Services may be suspended or terminated as a result of any such restrictions.

The trading of Digital Assets involves significant risk. Prices can and do fluctuate significantly on any given day. Due to such price fluctuations, the value of your assets at any given moment may vary significantly, and it is possible to lose all of the capital you contributed to the Services or obtained in a transaction. Any currency – digital or not – may be subject to extreme swings in value and may even become worthless. There is an inherent risk that losses will occur as a result of buying, selling or trading anything on a market. Please carefully review the risks associated with Digital Assets set forth below.

We or our affiliates may supply different or additional terms in relation to other services or products, and different or additional terms will govern those services or products. If we supply additional or different terms that relate to the Services contained herein, those terms will become part of your agreement with us if you use those Services. If there is a conflict between this Agreement and the additional terms, the additional terms will control for that conflict.

  1. ELIGIBILITY, SERVICES & ACCOUNTS

1.1  Eligibility. You must be at least 18 years of age to use our Services. If there is any reason why you would not be able to enter into a legally binding agreement with us, you are not permitted to use the Services. We reserve the right to assess or reassess at any time your eligibility to use our Services. Without limiting the foregoing, by using our Services, you acknowledge and understand that laws regarding financial instruments, which sometimes include Digital Assets, may vary from state to state, and it is your obligation alone to ensure that you fully comply with any law, regulation or directive, relevant to your state of residency with regard to the use of our Services. For the avoidance of doubt, the ability to access our Services does not necessarily mean that our Services, or your activities through it, are legal under the laws, regulations or directives relevant to your state of residency. Not all Services will be available to all users. Our websites or any other online material do not constitute, and may not be used for the purposes of, an offer or solicitation to anyone in any jurisdiction in which such offer or solicitation is not authorized, or to any person to whom it is unlawful to make such an offer or solicitation.

1.2. Scope of Services.

1.2.1. Modification, Suspension and Discontinuation of the Services. We reserve the right to modify, suspend or discontinue, temporarily or permanently, all or any part of our Services with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of all or any part of our Services, provided that this disclaimer will not apply to the return of your funds, except as otherwise set forth in this Agreement.

1.2.2. Digital Assets Trading Services. The Services include the ability to purchase Digital Assets, sell your Digital Assets held in your Account solely on the Beaxy Platform, and withdraw all or any part of the balance held in U.S. dollars from your account, all under the conditions and limitations set forth in this Agreement and as Beaxy may update from time to time in the Beaxy Platform (“Digital Assets Trading Services”).

1.2.3. The Digital Assets that Beaxy offers as part of the Digital Assets Trading Services on the Beaxy Platform may change from time to time, in our sole and absolute discretion. You acknowledge and agree that the product details that apply at the time when you make a transaction will be those displayed on our website or the Beaxy Platform, which may be updated from time to time.

1.2.4. We offer no leverage as part of the Digital Assets Trading Services. This means that the Digital Assets Trading Services apply to Digital Assets “buy” transactions only made under leverage of one, and each purchase of a Digital Assets must be fully funded. 

1.2.5. Any Digital Assets purchased by you as part of the Digital Asset Trading Services will be held and administered by us but we may, at our sole discretion, delegate certain functions under this Agreement to certain Third Parties (as such term is defined below), which may be based outside of the U.S., provided that we will exercise reasonable skill and care in the selection, appointment, and periodic review of any such Third Parties. 

1.2.6. Unless otherwise provided in this Agreement, we are under no obligation to: (a) satisfy ourselves as to the appropriateness or suitability of any transaction for you; (b) monitor or advise you on the status of any order; (c) monitor or advise you of the status of the Digital Assets held by us on your behalf; or (d) provide investment advice or personal recommendations with respect to any transaction. 

1.2.7. We may provide to you information about your transactions, including procedures, risks and other factual market information. We are under no obligation to provide such information to you and if we do, it will not constitute investment advice.

1.3. Third-Party Indices Trading Services.

1.3.1. Our Third-Party Indices Trading Services provide you with tools to test, evaluate and select your transaction strategy by providing you with detailed Account information, trading history and other pertinent information you may want to consider before electing to copy a specific account. In doing so, you should bear in mind all aspects and factors including, but not limited to, the risk nature of the copied account and your investment objectives.

1.3.2. The Services include our third-party indices trading services, which includes, among other things, the ability to review trading indicators offered by third parties (“Third-Party Technical Indicators”). 

1.3.3. In making a decision to utilize the Third-Party Indices Trading Services, you hereby represent and warrant that you have considered your entire financial situation including financial commitments and you understand that using the Third-Party Indices Trading Services is highly speculative and that you could sustain significant losses exceeding the amount used to trade; provided that you cannot lose more than the funds in your account. We do not provide any guarantee as to the performance of any particular transaction or set of transactions, portfolio or strategy, and we do not in any manner endorse, support, sanction, encourage, verify or agree with any such portfolios or strategies. For further information on the risks associated with our Services, please see below.

1.3.4. You hereby represent and warrant that you have reviewed and acknowledge the Risks Associated with Third-Party Indices Trading Services and the Third-Party Technical Indicators, as more fully described in below, including, but not limited to, automated trading execution whereby the opening and closing of trades will happen in your Account without your manual intervention.

1.3.5. You hereby authorize Beaxy to limit or withhold our Third-Party Indices Trading Services based on your investment profile.

1.4. Beaxy Account.

1.4.1. General. You will need to register for an Account in order to access some or all of the Services including the Third-Party Indices Trading Services. You agree to Beaxy Account Registration & Requirements found under Beaxy’s Terms & Conditions available at: https://beaxy.com/legal/terms-and-conditions/.

1.4.2. Multiple Accounts; Suspension or Termination of Account. If you have more than one Account, we reserve the right to treat all such Accounts as if they were under one and the same Account. We may limit the number of Accounts maintained by any person or within a single household, at our sole discretion. We are authorized and entitled, without notice to you, to take action to protect ourselves by combining your Accounts, setting-off between your Accounts, or to satisfy any obligations you may have to us out of any of your funds we hold on your behalf. We reserve the right to suspend or terminate your Account or limit the Services available to you, temporarily or permanently, at any time and for any reason. You agree that we will not be liable to you or to any third party for any suspension or termination of your Account or limitation of the Services available to you.

1.5. Third-Party Indices Program. We reserve the right to amend, retract, stop, deny, and/or withhold any and all programs or promotions offered by us, including the Third-Party Technical Indicators Program, at any time at our sole discretion. In addition, if we suspect that you (whether alone or with others) manipulated or abused (or attempted to do so) a promotion and/or otherwise acted in bad faith towards us, then, we reserve the right, at our sole discretion, to take the following actions with respect to you and/or to any person we consider is acting in concert with you: (i) temporarily or permanently block, suspend or terminate the Services or any portion thereof and close the Account, and/or (ii) remove and/or deduct any reward which might have been granted to you (taking into account any loss sustained which will be fully recognized); and/or (iii) remove and/or deduct any profits gained by you as a result of such manipulation or abuse, including by closing any open positions in the applicable account(s), and/or (iii) deny, withhold or withdraw from you such promotion and any future promotion. For the avoidance of doubt, in such circumstances, rewards or any other bonus granted to you and any profit or gains obtained by you may be withheld, while any loss suffered by you will be recognized and sustained.

1.6. Third Parties Services.

1.6.1 General. We may, at our discretion, arrange for certain actions to be performed by or through a third-party which may be an unaffiliated company, or an affiliate of Beaxy, including unregulated entities, including but not limited to third-party technical indicators, payment processors and/or identity and eligibility verifiers (“Third Parties”). Any authority granted by you to Beaxy, and any limitation of liability of Beaxy, shall also extend to include its affiliates, agents and any service providers. Beaxy and the agents, affiliates or service providers acting on behalf of Beaxy under this Section are authorized to perform the services contemplated by this Subsection. You consent to Beaxy providing your identifying information to any requesting service provider of Beaxy.

1.6.2. Services. You may be made aware of or offered services, third-party research and indicators, content, features, products, non-Beaxy applications, offers and promotions provided by third parties (individually and collectively, “Third-Party Services”). We may make Third-Party Services available to you. However, our inclusion or promotion of Third-Party Services does not reflect a sponsorship, endorsement, approval, investigation, verification and certification or monitoring of such Third-Party Services by Beaxy. Your acquisition of Third-Party Services, and any exchange of data between you and any provider of Third-Party Services, is solely between you and such provider. Beaxy does not warrant Third-Party Services in any way. Beaxy does not independently verify any trade indicators by third parties as part of the Third-Party Technical Indicator program. Under no circumstances will we have any liability for Third-Party Services. You choose to use any Third-Party Services at your own risk, and under terms and conditions agreed between you and the provider of Third-Party Services that are different from the provisions of this Agreement. You further acknowledge that we have no control over third-party Services and that you may be charged fees by the Third-Party Service provider.

1.6.3. Third-Party Information. At certain times, we may provide you with access to various analytical tools (such as Market Data, price quotes, exchange rates, news, headlines and graphs), third-party indicators, links to other websites, circulate newsletters or provide you with third-party information solely for your convenience (collectively, “Information”). By doing so, neither we nor any of our affiliates are endorsing, giving any representation, warranting, guaranteeing, sponsoring or otherwise responsible for the accuracy, correctness, timeliness, completeness or suitability of such Information. Such Information and tools are provided solely to assist you to make your own transactional decisions and do not amount to investment advice. You understand that we are not required to continue to provide or update the above-mentioned tools and Information and we may cease to do so at any time. For the avoidance of doubt, we will not be responsible for the termination, interruption, delay or inaccuracy of any Information. You undertake not to enable deep linking or any other form of re-distribution or re-use of the Information. As such, we urge you to read and fully understand the terms and conditions and other policies of such websites, newsletters and Information before using them. None of the tools, Information or any other information provided by Beaxy or its affiliated third parties as part of the Services may be used for any purpose other than with respect to the Services, including, without limitation, any trading activity outside of the Beaxy Platform and the Services.

1.6.4. Privacy Policy. For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy available at https://beaxy.com/legal/terms-and-conditions/.

  1. ORDERS

2.1. Sole Discretion to Decline Execution of or Cancel Orders; Cancellations or Modifications. We may, in our sole discretion, decline the execution of any order for a variety of reasons, including, but not limited to, the size of an order, market conditions, your breach of this Agreement, a violation of any applicable rules or regulations related to your orders, insufficient or inadequate securities or liquid funds in your Account (including all commission, charges, taxes and any amount in addition to the price of the Digital Assets that we reasonably consider may be necessary), risk considerations, we want to check the instruction with you for some reason (e.g., suspected fraud), we are concerned that the order may not have come from you or an authorized person on your behalf, you have exceeded any limit applicable to you or in respect of your dealings with us and other matters that affect trading generally. If we accept an order and then an event takes place which means that it is no longer reasonable for us to act on that order, we will be entitled to disregard or cancel your order and we shall not have any liability to you as a result of such action. Examples include but are not limited to: (a) a change in the applicable laws and regulations, so that the order or the transaction to which the order relates is no longer in compliance with the applicable laws or regulations; or (b) if we cease to offer the order you have requested. You further acknowledge and agree that it may not be possible to cancel or modify an order. Any attempt to cancel or modify an order is simply a request to us to do so. We are not liable to you if we are unable to cancel or modify an order. You understand and agree that, if an order cannot be cancelled or modified, you are bound by any execution of the original order. You further acknowledge that attempts to modify or cancel and replace an order can result in an over-execution of the order or the execution of duplicate orders, that our systems do not prevent such over-executions or duplications from occurring, and that you shall be responsible for all such over-executions or duplications. If you enter a cancellation request, you agree to confirm that the cancellation request has been affected prior to entering a replacement order. You agree not to assume that any order has been executed or cancelled until you have received written confirmation from us. You are responsible for knowing the status of your pending orders before entering additional orders. You agree to contact us immediately if you are unclear on the status of an order. We further reserve the right not to execute orders for Digital Assets or to close any open positions therein, without any further notice to you, in the following circumstances: (a) your order violates any applicable laws, regulations or rules, or is intended to defraud or manipulate the market; (b) abnormal market conditions or a significant disruption in or premature close of trading in of the underlying Digital Assets or the market on which the underlying Digital Asset is traded; (c) Force Majeure Events, or action by an exchange, regulatory or governmental authority that disrupts trading in the relevant security; or (d) in the event liquidity providers are unable to provide liquidity to us. We may, in our reasonable opinion, determine that a Force Majeure Event exists. A “Force Majeure Event” will include, but is not limited to, the following: (a) any act, event or occurrence (including, without limitation, any act of God, strike, riot or civil unrest, act of terrorism, war (declared or undeclared), fire, industrial action, acts and regulations of any governmental or supra national bodies or authorities) that, in our opinion, prevents us from maintaining an orderly market in one or more of the Cryptocurrencies available on the Beaxy Platform; (b) the suspension or closure of any exchange or the nationalization, government sequestration, abandonment or failure of any instrument on which we base, or to which we in any way relate, our quote, or the imposition of limits or special or unusual terms on the trading in any such market or on any such event; (c) the occurrence of an excessive movement in the level of any transaction or exchange or our anticipation (acting reasonably) of the occurrence of such a movement; (d) any breakdown or failure of transmission, communication or computer facilities, interruption of power supply, or electronic or communications equipment failure; or (e) the failure of any relevant supplier, service provider, financial institution intermediate broker, agent or principal of ours, dealer, exchange, clearing house or regulatory or self-regulatory organization, for any reason, to perform its obligations. If we determine that a Force Majeure Event exists, we may without notice and at any time, acting reasonably, take one or more of the following steps: (i) close all or any of your open transactions at such closing prices as we reasonably believe to be appropriate; (ii) suspend or modify the application of all or part of this Agreement to the extent that the Force Majeure Event makes it impossible or impracticable for us to comply thereto; (iii) alter the trading hours for a particular transaction, or (iv) void all open transactions. You agree that we will not be liable in any way to you or to any other person in the event of a Force Majeure Event, nor for our actions pursuant to this Section if we decide to take such action. The parties shall be released of all responsibilities for partial or full non-fulfilment, as well as for improper fulfilment of the obligations under this Agreement, if such non-fulfilment or improper fulfilment was a result of a Force Majeure Event, which occurred after the Services were terminated.

2.2. No Guarantee Order Will be Filled. There is no guarantee that your order will be filled, and we reserve the right to refuse to execute a transaction for any reason in accordance with this Agreement. Where a delay in fulfilling your order occurs for any reason, we will attempt to execute the order as soon as reasonably practicable, provided that we reserve the right to cancel a delayed order in the event of a price fluctuation or for any other reason in accordance with this Agreement.

2.3. All Orders Binding on You. Each order given by you will be binding on you notwithstanding that by entering into the order, as applicable, you may have exceeded any limit applicable to you or in respect of your dealings with us.

2.4. Acceptance of Prices as Final and Binding. When entering into an order for Digital Assets, you irrevocably and unconditionally agree to accept the Digital Asset order price as shall be reflected on the Beaxy Platform at the time you place your order as final and binding, and you acknowledge and agree that such price may include Beaxy’s spread or fees. As such, order prices shall not necessarily reflect the price for the underlying Digital Asset as quoted on the relevant exchanges in which the Digital Asset is traded, or the prices presented in charts or other market information made available by us. Beaxy disclaims any liability with respect to any such discrepancies.

  1. MARKET DATA

3.1. General. In case of Digital Assets, “Market Data” are data produced by different exchanges or any third party. Market Data may include, without limitation, current market prices (“real time” or delayed), opening and closing market prices and ranges, high-low market prices, estimated and actual market volumes and the size, number and existence of current market bids and offers.

3.2. Informational Purposes Only. Any Market Data Beaxy provides to you, or that you access through our Services or the Third- Party Technical Indicator Program, is provided or made accessible for convenience and information only solely to assist you to make your own transactional decisions, and does not amount to investment advice. Market Data is provided or made accessible to you without any liability to us and you should not rely upon the Market Data in any way. In particular, any price quoted in the Market Data may differ from the price quoted to you.

3.3. Restrictions on Use. Market Data constitutes valuable confidential information and is the exclusive property of the exchange or the third party that provided such Market Data. You may use it only for your own trading purposes under the rules of the relevant exchange and you may not redistribute the data in any way. You should consult the website of the relevant exchange for full details of any rules with respect to particular Market Data.

3.4. Prices for Personal Use Only. You will not use the prices we make available to you for any purpose other than trading in your Account with Beaxy, and you agree not to redistribute the prices we make available to you to any other person, whether such redistribution be for commercial or other purposes.

  1. FEES.

You will be subject to certain fees and commissions, and you agree to promptly pay the commissions, charges, credit card processing fees and other fees and costs as applicable to your Account and the transactions and Services you receive, which we may modify from time to time.

  1. REPRESENTATIONS AND WARRANTIES 

5.1. General. Every time you use a Service, you will be deemed to represent and warrant that:

5.1.1. You are at least 18 years old, or the age of legal consent for engaging in financial investment activities.

5.1.2. You will comply with all applicable laws and regulations in relation to this Agreement and any transaction with us; in particular, you covenant that you will not use the Beaxy Platform for the purposes of insider dealing, market manipulation, front-running or any other form of fraud or market abuse.

5.1.3. You are of sound mind and are capable of taking responsibility for your own actions.

5.1.4. All the details that you have submitted to us or any details given to us when opening an Account or making a deposit are accurate, up-to-date, complete and not misleading and match the name on the payment card or payment accounts in which you intend to deposit or receive monies from your Account.

5.1.5. You will notify us immediately of any changes to any information you have provided to us in connection with this Agreement. 

5.1.6. You understand that financial regulations, financial codes, financial ethics and contractual requirements vary worldwide and from state to state, and it is your responsibility to make sure that you comply with any and all local regulations, directives, restrictions and laws in your local place of residence before using the Services. You have verified and determined that your use of the Services does not violate any such laws or regulations of any jurisdiction that applies to you. 

5.1.7. You are responsible for any regulatory reporting requirements in relation to your transactions.

5.1.8. All money that you use through the Services does not originate in any way from drug trafficking, abduction, terrorist activity or any other activity that is criminal or unlawful or could be considered unlawful by any relevant authority. 

5.2. Reliance by Beaxy. For the avoidance of doubt, representations and warranties are personal statements or assurances given by you on which we will rely when we provide the Services to you.

5.3. Market Abuse. In the event that (a) you have placed an order in breach of the representations and warranties given above, or (b) we have reasonable grounds for suspecting that you have done so, we may treat any outstanding proposed transactions as having been cancelled and sell any Cryptocurrencies held by us on your behalf at any time.

  1. RISKS, DISCLAIMERS AND LIMITATIONS ON LIABILITY

6.1. Risk Warnings and Disclaimers.

6.1.1. Risks Associated with Third-Party Indices Features. Third-Party Indices Features are associated with various risks, and you are urged to carefully read and consider the following risks before utilizing our Third-Party Indices Features:

6.1.1.1. Automated trading execution means trades are opened and closed in your Account without your manual intervention. 

6.1.1.2. In making a decision to use the Third-Party Technical Indicator Services, you should consider your entire financial situation, including financial commitments, and understand that using Third-Party Indices Features is highly speculative and that you could sustain significant losses exceeding the amount in your account.

6.1.1.3. Third-Party Indices Features are provided by us solely for informational purposes and do not constitute investment advice on our part. We and our affiliates and their employees and agents are not investment or financial advisers. If you make decisions in reliance on information which is available on our websites or the Beaxy Platform or as a result of the use of the Third-Party Indices Features, you do so at your own risk and Beaxy its affiliates, including their employees and its agents, will not be liable for any losses that you may sustain.

6.1.1.4. You are using the Third-Party Indices Features at your own risk, and Beaxy, and our affiliates, employees, clients and agents, will not be liable to you for any losses that you may sustain as a result of your use of such features. You should not make any transactional decision without first conducting your own research. You are solely and exclusively responsible for determining whether any transaction, or strategy, or any other product or service is appropriate or suitable for you based on your own objectives and personal and financial situation.

6.1.1.5. No Advice. No aspect of the information provided or made available in connection with the Services (including any Information) is intended to provide, or should be construed as providing, any investment, legal, regulatory, tax or other form of advice of any kind. You should not consider any such content or Information to be a substitute for professional financial, legal, regulatory, investment or other advice. In addition, Beaxy is not providing any portfolio management services in connection with the Services. You should carefully review all claims and representations made by other users, advisors, bloggers, money managers and system vendors before making a transaction decision on the basis of any of the foregoing. If you choose to engage in transactions based on Information or other content on the website or applications or elect to copy specific funds or people, then such decisions and transactions and any consequences flowing therefrom are your sole responsibility. Beaxy and its affiliates do not provide investment advice directly, indirectly, implicitly, or in any manner whatsoever by making such content or Information available to you or otherwise. You should use any content or Information gathered from the Services only as a starting point for your own independent research and transactional decision making, and you must rely on your own judgment in entering into or refraining from using the Services or conducting (or not conducting) any transaction. In no event shall Beaxy or its affiliates be responsible or liable to you or anyone else, directly or indirectly, for any damage or loss arising from or relating to any use, continued use or reliance on any Information or tools, including, without limitation, directly or indirectly resulting from errors in, omissions of or alterations to any such Information.

  1. INDEMNIFICATION AND LIMITATION OF LIABILITY

7.1. Use of the Services is at Your Risk. You expressly agree that your use of the Services, website, mobile apps, Beaxy Platform, and any publications, presentations, financial trading information, pricing data, trade data, performance information, blogs, postings, or other information, content, services and materials contained in, accessed via, or described on our Services, website, mobile apps, or Beaxy Platform is at your own risk, and that all such information, content, services and materials are provided on an “as is” and “as available” basis. 

7.2. Disclaimer of Warranties. To the fullest extent permissible by applicable law, we make no, and hereby disclaim all, representations or warranties of any kind, express or implied, as to the availability, operation and use of the Services, websites and mobile apps and the information, content, materials or services on or accessed via our Services, websites, and mobile apps, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and implied warranties arising from course of dealing or course of performance. Neither the Services, the websites, the mobile apps, nor any information, content, materials, or services available via the Services, websites or mobile apps, constitutes or is intended to constitute, or should be construed as, investment advice or a recommendation or promotion of any transaction or other financial product, investment manager, or trading or investment strategy. In addition, we do not represent or warrant that the information accessible via the Services, websites or mobile apps is accurate, complete, reliable or current and we are not responsible for any errors or omissions therein or for any adverse consequences resulting from your reliance on any aspect related thereto. Further, we make no representations and warranties that our Services, websites or mobile apps will be uninterrupted, secured, or free of errors or viruses, or other harmful components. 

7.3. Limitation of Liability. In no event shall we or our affiliates, or the directors, officers, employees, agents or representatives of Beaxy or its affiliates (the “Beaxy Parties”) be liable to you or any third party for damages of any kind arising out of the use of, access to, reliance on, inability to use or improper use of the Services, websites or mobile apps, any information posted on the Services, websites or mobile apps by its users, or any other information, content, materials or services available on the Services, websites or mobile apps (including, but not limited to, any direct, indirect, special, punitive, incidental or consequential damages or damages for loss of profits, goodwill or revenue, business interruption, or loss of data), even if advised of the possibility of such damages, and regardless of the form of action, whether in contract, tort, or otherwise. To the fullest extent permissible by applicable law, the maximum liability that you may claim from us for any reason shall be no more than $100. Certain state laws do not permit limitations on implied warranties or the exclusion or limitation of certain types of damages, and thus some or all of the disclaimers, exclusions or limitations in this Section 12 may not apply to you. 

  1. TERMINATION 

8.1. Termination by Beaxy. We reserve the right to terminate this Agreement and your Account and registration at our sole discretion at any time for any reason and with or without prior notice (which may be provided by email, facsimile, etc.). 

8.2. Termination by You. You may terminate this Agreement and your Account and registration at any time by sending an email requesting termination, such termination to take effect upon Beaxy terminating your Account and registration, provided that you shall remain responsible for any activity associated with your Account during the time between sending us an email and the termination of your Account by us. 

8.3. Effect of Termination. Subject to this Agreement, upon the termination of this Agreement and your Account with us, as soon as reasonably practicable following receipt of your instructions, we will do the following: (a) to the extent we currently offer a mechanism or other service that enables you to take possession of your Digital Assets, you have the option to either have your Digital Assets transferred to your control through that mechanism or service, or have us arrange for the Digital Assets in your Account to be sold, and pay all proceeds of such sale into an account in your name; or (b) to the extent we do not currently offer a mechanism or other service that enables you to take possession of your Digital Assets, we will arrange for the Digital Assets in your Account to be sold and pay all proceeds of such sale into an account in your name. We may charge fees and other applicable charges or collect taxes on the sale of your Digital Assets, and the remaining balance of the sale proceeds will be held by us for you as client money in accordance with this Agreement. Where Digital Assets are sold, you may suffer a shortfall between the amount you deposited and amount you get back after the sale. You acknowledge and agree that Beaxy is not responsible for any such shortfall, and any shortfall will be borne solely by you. 

  1. MISCELLANEOUS.

This Agreement shall be governed by and construed in accordance with the laws of Illinois notwithstanding any principles of conflicts of law. By using the Services, you agree to recognize all electronic and magnetic data and documentation as admissible evidence when settling a dispute regarding any aspect of the use of the Services. The state and federal courts located in Cook County, Illinois shall have sole and exclusive jurisdiction regarding any dispute or claim arising hereunder. If any part of this Agreement is unlawful, void or determined to be unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. No provision of this Agreement can be amended by you, in any respect, except in a writing by an officer of Beaxy, and in entering into this Agreement, you agree that you have not relied on, or been otherwise induced by, any matter not contained in such writing. For the avoidance of doubt, our customer support department employees are not authorized to amend or to waive the terms of this Agreement in any respect. Subject to applicable laws, upon notice to you, Beaxy may assign this Agreement or any of our rights or obligations hereunder to any third party. The word “or” as used in this Agreement has the meaning equivalent to “and/or.” The terms “include” and “including” will be deemed to be immediately followed by the phrase “without limitation.” The headings appearing at the beginning of sections have been inserted for identification and reference purposes only and may not be used to construe or interpret this Agreement. The word “will” expresses an obligation equivalent to “shall.” This Agreement will not be construed in favor of or against any party by reason of the extent to which any party participated in the preparation of this Agreement. You are welcome to contact us with any question or concerns, technical questions or troubleshooting, and filing a complaint you may have at the following link: https://beaxy.com/help/support/

 

Deposit Bonus Terms & Conditions

The Deposit Bonus (“Promotion”) is valid from July 30th, 2020, and continues until further notice. 

Beaxy Promotion Terms

  • Beaxy will match 100% with bonuses for the initial deposit(s) up to $500 equivalent value in USDC. 
  • The initial deposit amount will be calculated based on the USDC value of the deposit at the time a bonus is credited. Multiple deposits can be made up to one month after the first deposit to be eligible for the promotion. The combined total of all bonuses received cannot exceed $500 equivalent value in USDC.
  • Bonus funds are calculated by multiplying the USDC value of your initial deposit (calculated at the time a bonus is credited) by 100%. 
  • Bonus funds cannot be withdrawn until the following conditions are met. Bonus Funds can only be withdrawn after generating trading transaction fees (BXY is not eligible) that total more than 150% times the amount of bonus funds you received within the first six months after receiving bonus funds. Funds withdrawn before fulfilling the conditions will forfeit all bonuses earned in Promotion (including income received by a bonus) and the account may be closed at Beaxy’s sole discretion. 
  • The calculation of the total volume is made taking into account the bonus.
  • Minimum Volume is equal to (bonus amount) / (transaction fee) x 1.5.
  • Volume is calculated as the USDC value of the volume at the time the volume was generated. 
  • Bonus funds cannot be used to pay any fees that are incurred through activity on the exchange. 

General Terms and Conditions

  • The Terms and Conditions, Privacy Policy, and Cookie Policy applies to all Beaxy account members and shall also apply to the Promotion.
  • Beaxy has the right to cancel or withdraw the Promotion or change any of its terms at any time without cause or notice. 
  • Beaxy Black members and Designated Market Makers may be eligible for additional bonuses. Please contact [info@beaxy.com] to discuss this.
  • Must be 18 or older to open an account with Beaxy and reside in a state where such activity is legal. Void where prohibited. Certain exclusions apply. All management decisions are final. 

If you have any questions about the Promotion, please contact [info@beaxy.com]. 

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