Mandala Exchange EULA – Mandala

Last revised: October 12, 2020

This Terms of Use Agreement (the “Agreement”) is between you (‘you” or the “User”) and the service operator, Mandala Exchange, Ltd. (“Mandala”). By using any services made available through the Mandala website (https://mandala.exchange/) (“Services”), API documents (https://trade.mandala.exchange/apidocs/) or Mandala affiliates, you agree that you have read, understood and accepted all of the terms and conditions contained in this Agreement, as well as our Privacy Policy and Consent Form, which have incorporated the GDPR regulation. This Agreement is a legally binding contract. Please carefully read through this Agreement and related notices before using any of the Services. By registering, accessing or using any of the Services, you have agreed to the terms and conditions as set forth in this Agreement. Should you not agree to the terms of this Agreement, please disable your account and stop the usage of Mandala and any of its Services.

For more information on Mandala or our Services, you can refer to the company and license information found on the website. If you have questions regarding this Agreement, please contact Mandala via our Customer Support team at (https://support.mandala.exchange/)

Agreement Conditions

Mandala reserves the right to modify or change the terms and conditions of this Agreement at any time at its sole discretion. Mandala will provide notice of these changes by updating the revised Terms of Use on its website (https://mandala.exchange/) and changing the revision date on this page. Any and all modifications to this Agreement will be effective immediately upon their announcement on the website or their release to Mandala’s users (“Users”). Your continued use of Mandala’s Services constitutes acceptance of this Agreement as modified.

Eligibility

By registering to use Mandala’s Services, you have affirmed that you are an individual at least 18 years of age, or a firm, corporation or other entity in good standing, with full legal capacity to enter into this Agreement. If such affirmation shall prove false, Mandala shall have the right to cancel or freeze your account and, if applicable, to seek damages and/or injunctive relief against you, your guardian and/or any other party deemed legally responsible for such false affirmation.

Prohibition of use

By accessing and using the Services, you acknowledge and declare that you are not on any trade or economic sanctions lists of any applicable jurisdiction, including but not limited to the United Nations Security Council Sanctions List. Mandala retains the right to select markets and jurisdictions in which to operate and may restrict or deny its services to Users in certain countries for any reason whatsoever. Prohibited Users are not to use or access the Mandala Exchange or any of its services.This Agreement and the Mandala Exchange are governed by the laws and regulations of the Republic of Seychelles. By using the Services, the User subjects himself or herself to such laws and regulations and to all of the terms and conditions of this Agreement. This provision shall apply regardless of the residence, domicile or citizenship of the User.

Description of Services

Mandala provides an online digital asset trading platform (crypto to crypto) for products commonly known as cryptographic tokens, digital tokens or cryptographic currency. Mandala does not provide fiat (national currency) trading capabilities on its platform at this time, and as such is not subject to regulation applicable to fiat trading. Mandala functions as a trading platform provider only, and is not a buyer or seller in transactions between traders. Mandala is also not a market maker. Traders must register and open an account with Mandala and deposit digital assets prior to commencement of trading. Traders may request the withdrawal of their digital assets, subject to the limitations set forth in the Terms and Conditions of this Agreement.

Mandala strives to maintain the accuracy of information posted on its website; however, it cannot guarantee the accuracy, suitability, reliability, completeness, performance or fitness for purpose of its website content, and will not accept liability for any loss or damage that may arise directly or indirectly from such content. Information on Mandala’s website is subject to change without notice and is provided for the primary purpose of facilitating independent decisions by its Users. Mandala does not provide investment advice, and disclaims any liability for the use or interpretation of information published on its website or in other communications media. All Users of the Services acknowledge and understand that there are risks involved in trading. Mandala encourages all Users to exercise prudence, and to trade responsibly within their own financial means.

While Mandala emphasizes platform security to ensure the continuity and security of its Services (announcements will be made in event of downtime/maintenance), it shall not be held liable in the event of unforeseen circumstances, including but not limited to abnormal trading events caused by Acts of God, malicious targeted hacking, and terrorist attacks. Mandala reserves the right to cancel, roll back or block transactions of all types on its platform in case of an abnormal trading event. Mandala will not ask for passwords from its Users nor ask Users to transfer any cryptocurrencies that are not listed on its trading platform. Users are encouraged to exercise prudence in dealing with third party discounts or promotions that could result in a scam. While the above list is non-exhaustive, you agree that Mandala will not be held responsible for any losses arising directly or indirectly from abnormal trading events or third party actions.

Mandala Account Registration & Requirements

Registration

All Users must register (https://trade.mandala.exchange/) for a Mandala Account before using the site. To register for an account, you must provide your real name, email address and password, as well as accept the Terms of Use, Privacy Policy and Consent Form. By registering for a Mandala Account, you declare that all information provided to Mandala is true, accurate and complete to the best of your knowledge.

Mandala may, in its sole discretion, refuse to open an account for any User at any time.

User Identity Verification

By registering an account with Mandala Exchange, the User agrees to share his or her personal information for the purpose of identity verification. This information is used specifically for the detection of possible money laundering, terrorist financing, fraud and other financial crimes. In addition to providing this information, to facilitate compliance with global industry standards for data retention, the User agrees to permit Mandala to keep a record of such information for the lifetime of the account plus 5 years after account closing. The User also authorizes Mandala to make inquiries, either directly or through third parties, that are deemed necessary to verify the User’s identity or to protect the User and/or Mandala from financial crimes such as fraud.

The Identity Verification information Mandala requests may include, but is not limited to, the User’s Name, Email Address, Contact Information, Telephone Number, Username, and Government Issued ID. In providing this required information, the User affirms that all information and documentation is accurate and authentic. Post-registration, the User guarantees that all information provided remains truthful and complete, and that it will be updated in a timely manner with any changes. If there is reason to believe information provided by the User is wrong, untruthful, outdated or incomplete, Mandala reserves the right to request corrections, remove relevant information directly and terminate all or part of Mandala’s Services to the User. The User shall be solely responsible for any loss or expenses incurred during the use of Mandala Service if they cannot be reached using the contact information provided. The User hereby acknowledges and agrees that her or she has the obligation to update all information provided to Mandala in accordance with this Agreement.

Account Usage Requirements

Mandala accounts may be used only by the person in whose name they are registered. Mandala reserves the right to suspend, freeze or cancel accounts that are used by persons other than the registered User. Additionally, Mandala assumes no legal responsibility for such unauthorized account usage.

Account Security

Mandala prioritizes maintaining the safety of funds entrusted to us and has implemented industry standard protections for its exchange. However, account-level risks may also be created by individual User actions. We strongly urge that you take independent precautions to protect access to your account and the security of your personal information.

You are solely responsible for the safekeeping of your Mandala account and password, and you shall be responsible for all activities conducted under your log-in name and password (including but not limited to information disclosure, information posting, consent to various rules and submission of Agreements by clicking on the website, online renewal of Agreement, etc.).

You hereby agree that:

(a) you will notify Mandala immediately if you become aware of any unauthorized use of your Mandala account and password by any person or any other violation of security rules;

(b) you will observe the security, authentication, dealing, charging, withdrawal mechanism and other procedures of the website/service; and

Mandala will not be responsible for any financial loss or breach of security caused by your failure to comply with the above Account Security provisions.

Dispute Resolution

Mandala reserves the right to resolve issues and disputes in its sole discretion. Such issues may include infringement of others’ rights, violation of applicable laws and regulations, abnormal trades, and other issues not explicitly mentioned in the Terms of this Agreement. Users agree to bear the costs arising from the process of dispute resolution.

Guidelines for usage of services on Mandala

You hereby agree to the following covenants. All activities that you engage in while using Mandala’s Services:

will be in compliance with the requirements of applicable laws and regulations, the various published guidelines of Mandala, and the terms and conditions of this Agreement;
will not violate the public interest, public ethics or others’ legitimate interests; and
will not constitute or promote evasion of taxes or fees payable.

You covenant and agree that you will not use any data or information displayed on the Mandala website for commercial purposes without the prior written consent of Mandala. You will use the site in accordance with its Terms of Use and Privacy Policy. You shall not attempt to interfere with the normal operations of Mandala. Examples of such interference may include, but are not limited to

using a device, software or subroutine to interfere with the site,
overloading network equipment with unreasonable data loading requests, or
executing malicious sales or purchases on the market

By accessing the Mandala Service, you agree that Mandala has the right to unilaterally determine whether you have violated any of the above covenants, and to take actions to apply relevant rules and sanctions without your consent or without prior notice to you. Examples of such actions may include, but are not limited to

blocking and closing order requests,
freezing your account,
reporting the incident to authorities,
publishing the alleged violations and actions that have been taken in response thereto, and
deleting any information you have published that is deemed to be in violation of the above covenants.

In case of any legal proceeding against you by a third party by reason of an alleged violation of these covenants or any other provision of this Agreement, you shall independently undertake the defense of such legal proceeding and shall indemnify and hold harmless Mandala from any and all actions, claims, or costs arising therefrom, including damages of any type, fines, losses caused by administrative sanctions of any kind, and reasonable attorney’s fees incurred by Mandala in the defense thereof.

Service fees

Mandala reserves the right to levy service fees on Users who use its Services, which fees may be adjusted by Mandala at any time in its sole discretion. Mandala may deduct such service fees directly from the proceeds of any exchange transaction.

Liability

Provision of Service

Mandala will provide the Services on an “as is” basis and in “commercially available” condition. It does not offer any form of warranty with regard to the Services’ reliability, stability, accuracy or completeness of the technology involved. Mandala serves merely as a venue for transactions where coin-related information may be acquired and coin-related transactions may be conducted. Mandala cannot control the quality, security or legality of the coin involved in any transaction, truthfulness of the transaction information, or capacity of the parties to any transaction to perform their obligations. Prior to your use of Mandala’s Services to execute a transaction, in making your investment decision you should carefully consider the investment risks, available information, legality and validity of such transaction.

Limitation of Liability

You acknowledge and agree, Mandala will in no case be liable for any of your losses caused by any of the following events, including but not limited to:

Losses of profits, goodwill, usage or data, or any other intangible losses;
Use of or failure to use Mandala Service;
Unauthorized use of your account or unauthorized alteration of your data by third parties;
Your misunderstanding of Mandala Service; or
Any other losses related to Mandala Service which are not directly attributable to the gross negligence or wilful misconduct of Mandala, its agents or employees.

In no event shall Mandala be liable for any failure or delay of service resulting from regular network maintenance or external factors such as power failure, natural disaster, service provider problems or governmental acts.

Indemnification

You agree to indemnify and hold harmless Mandala, its affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of your breach or our enforcement of this Agreement. This shall also apply to user violation of any applicable law, regulation, or rights of any third party during use of the Mandala Service.

Announcements

Please be aware that all official announcements, news, promotions, competitions and airdrops will be listed on (https://support.mandala.exchange/). Mandala shall not be held liable should Users incur losses arising from ignorance or negligence in relation to and and all posted Announcements.

Termination of Agreement

All Users agree that Mandala reserves the right to immediately suspend your account (and any accounts beneficially owned by related entities or affiliates), freeze or lock the funds in all such accounts, and suspend your access to Mandala, if we suspect any such accounts to be in violation of the Terms of Service, Privacy Policy, AML/CTF acts or any applicable laws & regulations. Mandala shall have the right to keep and use the transaction data or other information related to such accounts. The above account controls may also be applied in the following cases:

The account is subject to a governmental proceeding, criminal investigation or other pending litigation,
We detect unusual activity in the account,
We detect unauthorized access to the account, or
We are required to do so by a court order or by order of a regulatory/government authority.

In case of any of the following events, Mandala shall have the right to terminate this Agreement by cancelling your account, and may permanently freeze (cancel) the authorizations of your account on Mandala and withdraw the corresponding Mandala account thereof:

termination by Mandala of its Services to you,
registration by you as a Mandala User, directly or indirectly, in any other person’s name,
provision by you to Mandala of any User information that is untruthful, inaccurate, outdated or incomplete;
in case this Agreement (including the rules) is amended, you expressly state and notify Mandala of your unwillingness to accept such amendment; or
any other circumstance causing Mandala to decide that it should terminate the Services.

Should your account be terminated, the account and transactional information required for meeting data retention standards will be securely stored for a period of five (5) years. In addition, if a transaction is pending during the account termination process, Mandala shall have the right to notify your counterparty of the situation.

Remaining funds after account termination (normal)

Once the account is closed/withdrawn, all remaining balances due Mandala, including charges and liabilities on the account, will be payable at once to Mandala. Upon payment of all such charges and liabilities, if any, the User will have 5 working days to withdraw all remaining funds from the account.

Remaining funds after account termination (fraud/AML/violation of terms)

In case of an account termination by reason of allegations of fraud, money laundering, violation of law, violation of governmental regulation, or violation of the terms of this Agreement or other Mandala rule or regulation, Mandala shall maintain full custody of the funds in such account until such allegations are resolved to the reasonable satisfaction of Mandala and its counsel. Information concerning such account, including personal information pertaining to its owner, may be turned over to governmental authorities in the event such information is subject to a subpoena or comparable legal order. In case any dispute about a terminated account is not resolved within a reasonable time, Mandala may seek an order to pay the proceeds of such account into a court of law pending such resolution, and upon such payment shall have no further liability concerning such proceeds.

Compliance with local laws

It is the responsibility of the User to comply with the laws of his or her jurisdiction concerning the Services, and particularly as to cryptocurrency investment transactions. Users are also advised to consider the laws of their jurisdictions concerning taxation, withholding, collection, reporting and remittance to the appropriate tax authorities. All Users of the Services acknowledge and declare that their funds come from a legitimate source and are not derived from illegal activities. Mandala will cooperate with law enforcement authorities globally and will not hesitate to terminate the account and/or seize or freeze funds of Users who are flagged or investigated by legal authorities.

Privacy Policy

Mandala may announce and amend its privacy policy on the Mandala Exchange from time to time. The privacy policy shall be deemed an integral part of this User Agreement. The latest version of the Privacy Policy may be found on this page (https://mandala.exchange/policies).

Indemnity and disclaimer

All Users agree to indemnify Mandala and its affiliates and hold them harmless from and against all third party claims except those arising from Mandala’s breach of these Terms. As mentioned in the description of Services, Mandala strives to maintain the data integrity on its site but does not guarantee the information and Services provided on its platform. Mandala will not be liable for errors arising from the use of its Services.

Complaints

If you have any complaints, feedback or questions, kindly contact (https://support.mandala.exchange/) and Mandala will use best efforts to try and resolve them for you.

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