Summary of Terms of Use
This summary of our Terms of Use offers you an overview of the key terms that apply to your use of
our website and trading services. While we hope this summary section is helpful, you should read the
complete Terms of Use below since they provide important information about how our services work.
Please note that we refer to our online service where you can execute trades as “Bombitex Exchange”.
Our Services
Bombitex Exchange provides you with a simple and convenient way to trade one type of digital asset for another
type of digital asset. Bombitex Exchange provides you with a platform that matches your trades with open orders
from other users of our services at your direction. Users are not able to predetermine a trade with a
particular user or with a particular account. Additionally, an order may be partially filled or may be
filled by multiple matching orders.
Eligibility and Acceptable Use
You must meet certain eligibility criteria to use Bombitex Exchange. For instance, you must be an adult and there are
certain locations from which you may not be able to use some or all of Bombitex Exchange. Additionally, there are
certain things you cannot do when using Bombitex Exchange, such as engage in illegal activities, lie, or do anything
that would cause damage to our services or systems. Please see the acceptable use section for more
details.
Trading Risks
Engaging in trades may be risky, especially if you use sophisticated trading options. Please do not use
Bombitex Exchange or any of the trading options if you do not understand these risks.
Other Important Legal Terms
There are important legal terms provided below in the complete Terms of Use, including your
indemnification responsibilities, our limitation of liability and warranty disclaimers, and your
agreement to arbitrate most disputes. Please take the time to read these terms carefully. You can always
contact us through support if you have any questions info@bombitex.com
Complete Terms of Use
These Terms of Use and any terms expressly incorporated herein (“Terms”) apply to your use of the
website operated and maintained by Bombitex Exchange Limited Co. and its wholly owned subsidiaries
(collectively, “Bombitex Exchange”, “we”, or “us”), and the trading services provided by Bombitex Exchange as described in
these Terms (collectively, our “Services”)
1. Key Definitions
Capitalized terms not otherwise defined in these Terms will have the following meaning:
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1.1. “External Account” means any Digital Asset Account: (i) from which you may load Funds into
your Bombitex Exchange Account, and (ii) to which you may push Funds from your Bombitex Exchange Account.
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1.2. “Financial Account” means any financial account of which you are the beneficial owner that is
maintained by a third party outside of the Services, including, but not limited to third-party payment
service accounts or accounts maintained by third party financial institutions
- 1.3. “Funds” means Digital Asset.
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1.4. “Bombitex Exchange Account” means a user account accessible via the Services where Funds may be stored by
Bombitex Exchange on behalf of a user.
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1.5. “Digital Asset” means Bitcoins, Bombitex Exchange Shares, Ripples and other digital mediums of exchange
that may be purchased, sold or traded via the Services.
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1.6. “Digital Asset Account” means any Digital Asset address or account owned or operated by you that
is maintained outside of the Services, and is not owned, controlled or operated by Bombitex Exchange.
2. Eligibility
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2.1. Bombitex Exchange may not make the Services available in all markets and jurisdictions, and may restrict or
prohibit use of the Services from certain jurisdictions (“Restricted Locations”).
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2.2. You further represent and warrant that you: (a) are at least 18 years old; (b) have not previously
been suspended or removed from using our Services; (c) have full power and authority to enter into this
agreement and in doing so will not violate any other agreement to which you are a party; (d) using our
platform in your own name and for your own benefit; (e) are not located in, under the jurisdiction of, or
a national or resident of any Restricted Locations; and (f) will not use our Services if any applicable
laws in your country prohibit you from doing so in accordance with these Terms.
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2.3. Additionally, by agreeing to this terms you certify that you pursue participation in blockchainbased
networks as a part of your professional activity.
3. Bombitex Exchange Account
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3.1. Number of Bombitex Exchange Accounts. Bombitex Exchange may, in its sole discretion, limit the number of Bombitex Exchange
Accounts that you may hold, maintain or acquire.
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3.2. Bombitex Exchange Account information and security. In order to engage in any trades via the Services, you
must create a Bombitex Exchange Account and provide any requested information. When you create a Bombitex Exchange
Account, you agree to: (a) create a strong password that you do not use for any other website or online
service; (b) provide accurate and truthful information; (c) maintain and promptly update your Bombitex Exchange
Account information; (d) maintain the security of your Bombitex Exchange Account by protecting your password
and restricting access to your Bombitex Exchange Account; (e) promptly notify us if you discover or otherwise
suspect any security breaches related to your Bombitex Exchange Account; and (f) take responsibility for all
activities that occur under your Bombitex Exchange Account and accept all risks of any authorized or unauthorized
access to your Bombitex Exchange Account, to the maximum extent permitted by law.
4. Privacy Policy
Please refer to our Privacy Policy for information about how we collect, use and share your
information.
5. General Obligations
This Section 5 applies to: (i) all trades completed via the Services, (ii) your purchase and/or sale of
Digital Assets directly from Bombitex Exchange via the Services, and (iii) any transaction in which you load Funds
into your Bombitex Exchange Account from your External Account or push Funds from your Bombitex Exchange Account into an
External Account.
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5.1. Conditions and Restrictions. We may, at any time and in our sole discretion, refuse any trade
submitted via the Services, impose limits on the trade amount permitted via the Services or impose any
other conditions or restrictions upon your use of the Services without prior notice. For example, we
may limit the number of open orders that you may establish via the Services or we may restrict trades
from certain locations.
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5.2. Accuracy of Information. You must provide any information required when creating a Bombitex Exchange
Account or when prompted by any screen displayed within the Services. You represent and warrant that
any information you provide via the Services is accurate and complete
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5.3. Cancellations. You may only cancel an order initiated via the Services if such cancellation occurs
before Bombitex Exchange executes the transaction. Once your order has been executed, you may not change,
withdraw or cancel your authorization for Bombitex Exchange to complete such transaction. If an order has been
partially filled, you may cancel the unfilled remainder unless the order relates to a market trade. We
reserve the right to refuse any cancellation request associated with a market order once you have
submitted such order. In contrast to exchange orders, all trades are irreversible once initiated. While we
may, at our sole discretion, reverse a trade under certain extraordinary conditions, a customer does not
have a right to a reversal of a trade.
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5.4. Insufficient Funds. If you have an insufficient amount of Funds in your Bombitex Exchange Account to
complete an order via the Services, we may cancel the entire order or may fulfill a partial order using
the amount of Funds currently available in your Bombitex Exchange Account, less any fees owed to Bombitex Exchange in
connection with our execution of the trade.
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5.5. Taxes. It is your responsibility to determine what, if any, taxes apply to the trades you complete via
the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax
authority. You agree that Bombitex Exchange is not responsible for determining whether taxes apply to your trades or
for collecting, reporting, withholding or remitting any taxes arising from any trades.
6. Bombitex Exchange Account Funds
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6.1. Funding your Bombitex Exchange Account. In order to complete an order or trade via the Services (as described
in Section 7), you must first load Funds to your Bombitex Exchange Account using one of the approved External
Accounts identified via the Services. You may be required to verify that you control the External
Account that you use to load Funds to your Bombitex Exchange Account. You may be charged fees by the External
Account you use to fund your Bombitex Exchange Account. Bombitex Exchange is not responsible for any External Account fees
or for the management and security of any External Account. You are solely responsible for your use of
any External Account, and you agree to comply with all terms and conditions applicable to any
External Account. The timing associated with a load transaction will depend in part upon the
performance of third parties responsible for maintaining the applicable External Account, and Bombitex Exchange
makes no guarantee regarding the amount of time it may take to load Funds into your Bombitex Exchange Account.
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6.2. Pushing Funds to an External Account. Provided that the balance of Funds in your Bombitex Exchange Account
is greater than any minimum balance requirements needed to satisfy any of your open positions, you
may push any amount of Funds, up to the total amount of Funds in your Bombitex Exchange Account in excess of
such minimum balance requirements, from your Bombitex Exchange Account to an External Account, less any fees
charged by Bombitex Exchange for such transactions (as described in the Fee Schedule at the time of your request to
push Funds to an External Account).
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6.3. Load/Push Authorization. When you request that we load Funds into your Bombitex Exchange Account from
your External Account or request that we push Funds to your External Account from your Bombitex Exchange
Account, you authorize Bombitex Exchange to execute such transaction via the Services.
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6.4. Rejected Transactions. In some cases, the External Account may reject your Funds or may
otherwise be unavailable. You agree that you will not hold Bombitex Exchange liable for any damages resulting from
such rejected transactions.
7. Exchange Orders and Trades
This Section applies only when you use the Services to trade Digital Assets for another form of Digital
Assets. Bombitex Exchange does not purchase, sell, or exchange any Digital Assets on its own behalf.
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7.1. Authorization. When you submit a new order via the Services, you authorize Bombitex Exchange to execute a
transaction in accordance with such order on a spot basis and charge you any applicable fees (as
described in Section 9 below).
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7.2. Independent relationship. You acknowledge and agree that: (a) Bombitex Exchange is not acting as your broker,
intermediary, agent, or advisor or in any fiduciary capacity, and (b) no communication or information
provided to you by Bombitex Exchange shall be considered or construed as advice.
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7.3. Trade confirmation. Once the Services execute your trade, a confirmation will be electronically
made available via the Services detailing the particulars of the trade. You acknowledge and agree that
the failure of the Services to provide such confirmation shall not prejudice or invalidate the terms of
such trade.
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7.4. Market rates. If you select a market trade, Bombitex Exchange will attempt, on a commercially reasonable basis,
to execute the trade on or close to the prevailing market exchange rate, as defined via the Services. You
acknowledge and agree that the exchange rate information made available via our Services may differ
from prevailing exchange rates made available via other sources outside of the Services.
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7.5. Market volatility. Particularly during periods of high volume, illiquidity, fast movement or
volatility in the marketplace for any Digital Assets or Legal Tender, the actual market rate at which a
market order or trade is executed may be different from the prevailing rate indicated via the Services at
the time of your order or trade. You understand that we are not liable for any such price fluctuations. In
the event of a market disruption or Force Majeure event (as defined in Section 22), Bombitex Exchange may do one
or more of the following: (a) suspend access to the Services; or (b) prevent you from completing any
actions via the Services, including closing any open positions. Following any such event, when trading
resumes, you acknowledge that prevailing market rates may differ significantly from the rates available
prior to such event.
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7.6. Trade Settlement. Subject to the terms and conditions in these Terms, we will use commercially
reasonable efforts to settle trades on a spot basis within two (2) days of the date upon which users have
agreed to execute a trade via the Services.
8. Risk Disclosure
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8.1. Trading risks. You acknowledge and agree that you shall access and use the Services at your own
risk. The risk of loss in trading Digital Asset pairs and Digital Asset and Legal Tender pairs can be
substantial. You should, therefore, carefully consider whether such trading is suitable for you in light of
your circumstances and financial resources. You should be aware of the following points:
All Digital Asset positions involve risk, and a “spread” position may not be less risky than an outright
“long” or “short” position.
All of the points noted above apply to all digital asset pair and digital asset and legal tender pair
trading. This brief statement cannot, of course, disclose all the risks and other aspects associated with
these trades.
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8.2. Internet transmission risks. You acknowledge that there are risks associated with utilizing an
Internet-based trading system including, but not limited to, the failure of hardware, software, and
Internet connections. You acknowledge that Bombitex Exchange shall not be responsible for any communication
failures, disruptions, errors, distortions or delays you may experience when trading via the Services,
howsoever caused.
9. Fees
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9.1. Amount of Fees. You agree to pay the fees for trades completed via our Services (“Fees”) as made
available via the Fees and Limits, which we may change from time to time. Changes to the Fee
Schedule are effective as of the effective date indicated in the posting of the revised Fee Schedule to
the Services, and will apply prospectively to any trades that take place following the effective date of
such revised Fee Schedule.
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9.2. Third-Party Fees. In addition to the Fees, your External Account may impose fees in connection
with your use of your designated External Account via the Services. Any fees imposed by your
External Account provider will not be reflected on the transaction screens containing information
regarding applicable Fees. You are solely responsible for paying any fees imposed by an External
Account provider.
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9.3. Payment of Fees. You authorize us, or our designated payment processor, to charge or deduct your
Bombitex Exchange Account Funds for any applicable Fees owed in connection with trades you complete via the
Services.
10. Electronic Notices
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10.1. Consent to Electronic Delivery. You agree and consent to receive electronically all
communications, agreements, documents, receipts, notices and disclosures (collectively,
“Communications”) that Bombitex Exchange provides in connection with your Bombitex Exchange Account and/or use of the
Bombitex Exchange Services. You agree that Bombitex Exchange may provide these Communications to you by posting them via
the Services, by emailing them to you at the email address you provide. You should maintain copies of
electronic Communications by printing a paper copy or saving an electronic copy. You may also
contact us through support to request additional electronic copies of Communications or, for a fee,
paper copies of Communications (as described below).
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10.2. Hardware and Software Requirements. In order to access and retain electronic Communications,
you will need a computer with an Internet connection that has a current web browser with cookies
enabled and 128-bit encryption. You will also need to have a valid email address on file with Bombitex Exchange
and have sufficient storage space to save past Communications or an installed printer to print them.
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10.3. Withdrawal of Consent. You may withdraw your consent to receive electronic Communications
by sending a withdrawal notice to support. If you decline or withdraw consent to receive electronic
Communications, Bombitex Exchange may suspend or terminate your use of the Services.
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10.4. Requesting Paper Copies. If, after you consent to receive Communications electronically, you
would like a paper copy of a Communication we previously sent you, you may request a copy within
30 days after the date we provided the Communication to you by contacting support. In order for us to
send paper copies to you, you must have a current street address on file with Bombitex Exchange. Please note that
Bombitex Exchange operates exclusively online and it is very burdensome for us to produce paper copies of
Communications. Therefore, if you request paper copies, you understand and agree that Bombitex Exchange may
charge you a processing fee, in the amount described in the Fees and Limits, for each page of
Communication requested.
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10.5. Updating Contact Information. It is your responsibility to keep your email address on file with
Bombitex Exchange up to date so that Bombitex Exchange can communicate with you electronically. You understand and agree
that if Bombitex Exchange sends you an electronic Communication but you do not receive it because your email
address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable
to receive electronic Communications, Bombitex Exchange will be deemed to have provided the Communication to
you. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in
your email address book, you must add Bombitex Exchange to your email address book so that you will be able to
receive the Communications we send to you. You can update your email address at any time by logging
into your Bombitex Exchange Account or by sending such information to support. If your email address becomes
invalid such that electronic Communications sent to you by Bombitex Exchange are returned, Bombitex Exchange may deem your
account to be inactive, and you may not be able to complete any transaction via our Services until we
receive a valid, working email address from you.
11. Unclaimed Property
If for any reason Bombitex Exchange is holding Funds in your Bombitex Exchange Account on your behalf and Bombitex Exchange is unable to
return your Funds to your designated External Account after a period of inactivity, then Bombitex Exchange may
report and remit such Funds in accordance with applicable state unclaimed property laws.
12. Acceptable Use
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12.1. When accessing or using the Services, you agree that you will not violate any law, contract,
intellectual property or other third-party right or commit a tort, and that you are solely responsible for
your conduct while using our Services. Without limiting the generality of the foregoing, you agree that
you will not:
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- Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other
users from fully enjoying our Services, or that could damage, disable, overburden or impair the
functioning of our Services in any manner;
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- Use our Services to pay for, support or otherwise engage in any illegal gambling activities; fraud;
money-laundering; or terrorist activities; or other illegal activities;
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- Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to
access our Services or to extract data;
- - Use or attempt to use another user’s account without authorization;
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- Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or
area of our Services that you are not authorized to access;
- - Develop any third-party applications that interact with our Services without our prior written consent;
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- Provide false, inaccurate, or misleading information;
- - Encourage or induce any third party to engage in any of the activities prohibited under this Section.
13. Feedback
We will own exclusive rights, including all intellectual property rights, to any feedback, suggestions,
and ideas or other information or materials regarding Bombitex Exchange or our Services that you provide, whether
by email, posting through our Services or otherwise (“Feedback”). Any Feedback you submit is nonconfidential
and shall become the sole property of Bombitex Exchange. We will be entitled to the unrestricted use
and dissemination of such Feedback for any purpose, commercial or otherwise, without
acknowledgment or compensation to you. You waive any rights you may have to the Feedback
(including any copyrights). Do not send us Feedback if you expect to be paid or want to continue to
own or claim rights in them; your idea might be great, but we may have already had the same or a
similar idea and we do not want disputes. We also have the right to disclose your identity to any third
party who is claiming that any content posted by you constitutes a violation of their intellectual
property rights, or of their right to privacy. We have the right to remove any posting you make on our
website if, in our opinion, your post does not comply with the content standards set out in this section.
14. Copyrights and Other Intellectual Property Rights
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14.1. Unless otherwise indicated by us, all copyright and other intellectual property rights in all content
and other materials contained on our website or provided in connection with the Services, including,
without limitation, the Bombitex Exchange or Bombitex Exchange logo and all designs, text, graphics, pictures, information, data,
software, sound files, other files and the selection and arrangement thereof (collectively, “Bombitex Exchange
Materials”) are the proprietary property of Bombitex Exchange or our licensors or suppliers and are protected by
international copyright laws and other intellectual property rights laws.
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14.2. We hereby grant you a limited, nonexclusive and non-sublicensable license to access and use the
Bombitex Exchange Materials for your personal or internal business use. Such license is subject to these Terms and
does not permit (a) any resale of the Bombitex Exchange Materials; (b) the distribution, public performance or public
display of any Bombitex Exchange Materials; (c) modifying or otherwise making any derivative uses of the Bombitex Exchange
Materials, or any portion thereof; or (d) any use of the Bombitex Exchange Materials other than for their intended
purposes. The license granted under this Section will automatically terminate if we suspend or
terminate your access to the Services.
15. Third-Party Content
In using our Services, you may view content provided by third parties, including links to web pages of
such parties, including but not limited to Facebook and Twitter links (“Third-Party Content”). We do
not control, endorse or adopt any Third-Party Content and shall have no responsibility for Third-Party
Content, including without limitation material that may be misleading, incomplete, erroneous,
offensive, indecent or otherwise objectionable. In addition, your business dealings or correspondence
with such third parties are solely between you and the third parties. We are not responsible or liable for
any loss or damage of any sort incurred as the result of any such dealings, and you understand that your
use of Third-Party Content, and your interactions with third parties, is at your own risk.
16. Suspension; Termination
In the event of any Force Majeure Event (as defined in Section 22.5), breach of this agreement, or any
other event that would make provision of the Services commercially unreasonable for Bombitex Exchange, we may,
in our discretion and without liability to you, with or without prior notice, suspend your access to all or
a portion of our Services. We may terminate your access to the Services in our sole discretion,
immediately and without prior notice, and delete or deactivate your Bombitex Exchange Account and all related
information and files in such account without liability to you, including, for instance, in the event that
you breach any term of these Terms. In the event of termination, Bombitex Exchange will return any Funds stored in
your Bombitex Exchange Account not otherwise owed to Bombitex Exchange, unless Bombitex Exchange believes you have committed fraud,
negligence or other misconduct.
17. Discontinuance of Services
We may, in our sole discretion and without liability to you, with or without prior notice and at any time,
modify or discontinue, temporarily or permanently, any portion of our Services.
18. Disclaimer of Warranties
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18.1. Except as expressly provided to the contrary in a writing by us, our services are provided on an
“As is” and “As available” basis. We expressly disclaim, and you waive, all warranties of any kind,
whether express or implied, including, without limitation, implied warranties of merchantability, fitness
for a particular purpose, title and non-infringement as to our services, including the information,
content and materials contained therein
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18.2. You acknowledge that information you store or transfer through our services may become
irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, including software
failures, protocol changes by third party providers, internet outages, force majeure event or other
disasters including third party DDOS attacks, scheduled or unscheduled maintenance, or other causes
either within or outside our control. You are solely responsible for backing up and maintaining
duplicate copies of any information you store or transfer through our services.
Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumer, so some or
all of the disclaimers in this section may not apply to you.
19. Limitation of Liability
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19.1. Except as otherwise required by law, in no event shall Bombitex Exchange, our directors, members, employees
or agents be liable for any special, indirect or consequential damages, or any other damages of any
kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in
contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way
connected with the use of or inability to use our services or the Bombitex Exchange materials, including without
limitation any damages caused by or resulting from reliance by any user on any information obtained
from Bombitex Exchange, or that result from mistakes, omissions, interruptions, deletion of files or email, errors,
defects, viruses, delays in operation or transmission or any failure of performance, whether or not
resulting from a force majeure event, communications failure, theft, destruction or unauthorized access
to Bombitex Exchange’s records, programs or services.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of
liability for incidental or consequential damages. Accordingly, some of the limitations of this section
may not apply to you.
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19.2. To the maximum extent permitted by applicable law, in no event shall the aggregate liability of
Bombitex Exchange (including our directors, members, employees and agents), whether in contract, warranty, tort
(including negligence, whether active, passive or imputed), product liability, strict liability or other
theory, arising out of or relating to the use of, or inability to use, Bombitex Exchange or to these terms exceed the
fees paid by you to Bombitex Exchange during the 12 months immediately preceding the date of any claim giving
rise to such liability.
20. Indemnity
You agree to defend, indemnify and hold harmless Bombitex Exchange (and each of our officers, directors, members,
employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense,
including without limitation reasonable attorneys’ fees, arising out or relating to (a) your use of, or
conduct in connection with, our Services; (b) any Feedback you provide; (c) your violation of these
Terms; or (d) your violation of any rights of any other person or entity. If you are obligated to
indemnify us, we will have the right, in our sole discretion, to control any action or proceeding (at our
expense) and determine whether we wish to settle it.
21. Applicable Law; Arbitration
Please read the following paragraph carefully because it requires you to arbitrate disputes with us and it
limits the manner in which you can seek relief.
You and Bombitex Exchange agree to arbitrate any dispute arising from these Terms or your use of the Services,
except for disputes in which either party seeks equitable and other relief for the alleged unlawful use of
copyrights, trademarks, trade names, logos, trade secrets or patents.
Arbitration prevents
you from suing in court or from having a jury trial.
You and Bombitex Exchange agree to
notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Bombitex Exchange
shall be sent to info@bombitex.com.
You and Bombitex Exchange further agree: (a) to attempt informal resolution
prior to any demand for arbitration; (b) that arbitration will occur in the Hong Kong Court of
International Arbitration; (c) that arbitration will be conducted confidentially. Other than class
procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that
would otherwise be available in court. Any dispute between the parties will be governed by these Terms
and the laws of Hong Kong, without giving effect to any conflict of laws principles that may provide
for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in
court, you and Bombitex Exchange will not commence against the other a class action, class arbitration or
representative action or proceeding
22. Miscellaneous
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22.1. Entire Agreement; Order of Precedence.
These Terms contain the entire agreement, and supersede all prior and contemporaneous
understandings between the parties regarding the Services. These Terms do not alter the terms or
conditions of any other electronic or written agreement you may have with Bombitex Exchange for the Services or
for any other Bombitex Exchange product or service or otherwise. In the event of any conflict between these Terms
and any other agreement you may have with Bombitex Exchange, the terms of that other agreement will control only
if these Terms are specifically identified and declared to be overridden by such other agreement.
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22.2. Amendment.
We reserve the right to make changes or modifications to these Terms from time to time, in our sole
discretion. If we make changes to these Terms, we will provide you with notice of such changes, such
as by sending an email, providing notice on the homepage of the Site and/or by posting the amended
Terms via the applicable Bombitex Exchange websites and mobile applications and updating the “Last Updated” date
at the top of these Terms. The amended Terms will be deemed effective immediately upon posting for
any new users of the Services. In all other cases, the amended Terms will become effective for
preexisting users upon the earlier of either: (i) the date users click or press a button to accept such
changes, or (ii) continued use of our Services 30 days after Bombitex Exchange provides notice of such changes.
Any amended Terms will apply prospectively to use of the Services after such changes become
effective. If you do not agree to any amended Terms, you must discontinue using our Services and
contact us to terminate your account
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22.3. Waiver.
Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a
waiver thereof.
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22.4. Severability.
The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of
any other of these Terms, all of which shall remain in full force and effect.
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22.5. Force Majeure Events.
Bombitex Exchange shall not be liable for (1) any inaccuracy, error, delay in, or omission of (i) any information, or
(ii) the transmission or delivery of information; (2) any loss or damage arising from any event beyond
Bombitex Exchange’s reasonable control, including but not limited to flood, extraordinary weather conditions,
earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of
government, communications, power failure, or equipment or software malfunction or any other cause
beyond Bombitex Exchange’s reasonable control (each, a “Force Majeure Event”).
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22.6. Assignment.
You may not assign or transfer any of your rights or obligations under these Terms without prior
written consent from Bombitex Exchange, including by operation of law or in connection with any change of control.
Bombitex Exchange may assign or transfer any or all of its rights under these Terms, in whole or in part, without
obtaining your consent or approval.
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22.7. Headings.
Headings of sections are for convenience only and shall not be used to limit or construe such sections.
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22.8. Survival.
Sections 2 (Eligibility), Section 3 (Bombitex Exchange Account), 8 (Risk Disclosure), 9 (Fees), 11 (Unclaimed
Property), 13 (Feedback), 14 (Copyrights), 15 (Third-Party Content), 18 (Disclaimer of Warranties), 19
(Limitation of Liability); 20 (Indemnity), 21 (Applicable Law; Arbitration) and this Section 22
(Miscellaneous) shall survive any termination or expiration of these Terms.